May 19, 2011 

B. J. Smith, Director 

Division of Radiological Health 

Mississippi State Department of Health 

570 East Woodrow Wilson 

Post Office Box 1700 

Jackson, MS 39215-1700 

Dear Mr. Smith: 

We have reviewed the proposed changes to the Mississippi regulations sections 100, 300, 400, 

and 700 received by our office on March 31, 2011. These regulations were reviewed by 

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 

30, 31, 32, 33, 35, 61, 71, 150, and the requirements of the three amendments identified in the 

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the 

regulations with Robert Goff on May 13, 2011. 

As a result of our review, we have four comments that have been identified in the enclosure. 

Please note that we have limited our review to regulations required for compatibility and/or 

health and safety. Under our current procedure, a finding that the Mississippi regulations meet 

the compatibility and health and safety categories of the equivalent NRC regulation may only be 

made based on a review of the final Mississippi regulations. However, we have determined that 

if your proposed regulations were adopted, incorporating our comments and without other 

significant change, they would meet the compatibility and health and safety categories 

established in the Office of Federal and State Materials and Environmental Management 

Programs (FSME) Procedure SA-200. 

We request that when the proposed regulations are adopted and published as final regulations, 

a copy of the Aas published@ regulations be provided to us for review. As requested in FSME 

Procedure SA-201, AReview of State Regulatory Requirements,@ please highlight the final 

changes, and provide a copy to Division of Materials Safety and State Agreements, FSME. 

The SRS Data Sheet summarizes our knowledge of the status of other Mississippi regulations, 

as indicated. Please let us know if you note any inaccuracies, or have any comments on the 

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is 

posted on the FSME website: http://nrc-stp.ornl.gov/rulemaking.html. 

 
-2- 

If you have any questions regarding the comments, the compatibility and health and safety 

categories, or any of the NRC regulations used in the review, please contact Kathleen 

Schneider, State Regulation Review Coordinator at 301-415-2320 

(kathleen.schneider@nrc.gov) or Stephen Poy at 301-415-7135 (stephen.poy@nrc.gov). 

Sincerely, 

/RA/

Mark Delligatti, Acting Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 
[Concurrence Page] 

Enclosures: As stated 

Distribution: 

DIR RF (11-8) SUNSI Review Complete 

DCD (SP08) : Publicly Available G Non-Publicly Available 

RBrowder, RSAO : Non-Sensitive G Sensitive 

JKatanic, POC 

MS File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\Mississippi\11-8 

Incoming Document: ML110910013 

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" 

= No copy 

OFFICE ASPB ASPB OGC ASPB:BC MSSA:DD 

NAME SPoy KSchneider BJones DWhite MDelligatti

DATE 04/29/11 05/02/11 05/11/11 05/19/11 05/19/11 

ML111170200 OFFICIAL RECORD COPY Package ML111170191
 COMPATIBILITY COMMENTS ON MISSISSIPPI PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 100.02 20.1003 

61.2 

2007-3 B Definitions

Mississippi lists the wrong references 

in 100.2. 100.2 should read under the 

definition of waste,” Waste means 

those low-level radioactive wastes 

containing source, special nuclear, or 

byproduct material that are 

acceptable for disposal in a land 

disposal facility. For the purposes of 

this definition, low-level radioactive 

waste means radioactive waste not 

classified as high-level radioactive 

waste, transuranic waste, spent 

nuclear fuel, or byproduct material as 

defined in paragraphs (2), (3), (4), 

and (5) of the definition of Byproduct 

material set forth in this section.” 

Mississippi needs to make the above 

change in order to meet the Category 

B designation assigned to 10 CFR 

20.1003, Waste. 

2 Section 400 

Appendix B 

Part 20 

Appendix B 

2007-3 A Annual Limits 

on Intake (ALIs) and Derived Air 

Concentrations (DACs) of 

Radionuclides for Occupational 

Exposure; Effluent Concentrations; 

Concentrations for Release to 

Sewerage 

Mississippi lists the wrong information 

for many radionuclides and is missing 

information for many radionuclides in 

Appendix B. 

For Silicon-31 in class W, 3E+4 is in 

column 2 of Table 1, 1E-5 is in 

column 3 of Table 1, and 5E-8 is in 

column 1 of Table 2. In class Y 3E+4 

is in column 2 of Table 1, and 1E-5 is 

in column 3 of Table 1. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

For Chlorine-38 in class D, the St wall 

value of (3E+4) is in column 1 of 

Table 1. In class W 5E+4 is in 

column 2 of Table 1, 2E-5 is in 

column 3 of Table 1, and 6E-8 is in 

column 1 of Table 2. 

For Germanium-78 in class D, the St 

wall value of (2E+4) is in column 1 of 

Table 1, 3E-4 is in column 2 of Table 

2, and 3E-3 is in Table 3. 

Yttrium-91m needs to be included in 

Appendix B. 

For Yttrium-94 in class D, the St wall 

value of (3E+4) is in column 1 of 

Table 1, 4E-4 is in column 2 of Table 

2, and 4E-3 is in Table 3. 

For Cesium-125 in class D, the St 

wall value of (9E+4) is in column 1 of 

Table 1, 1E-3 is in column 2 of Table 

2, and 1E-2 is in Table 3. 

Cesium-127 needs to be included in 

Appendix B. 

Cesium-129 needs to be included in 

Appendix B. 

Cesiium-130 needs to be included in 

Appendix B. 

Cesium-131 needs to be included in 

Appendix B. 

Cesium-132 needs to be included in 

Appendix B. 

Cesium-134m needs to be included in 

Appendix B. 

Cesium-134 needs to be included in 

Appendix B. 

Cesium-135m needs to be included in 

Appendix B. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

Cesium-135 needs to be included in 

Appendix B. 

Cesium-136 needs to be included in 

Appendix B. 

Cesium-137 needs to be included in 

Appendix B. 

Cesium-138 needs to be included in 

Appendix B. 

Barium-126 needs to be included in 

Appendix B. 

Barium-128 needs to be included in 

Appendix B. 

Barium-131m needs to be included in 

Appendix B. 

Barium-131 needs to be included in 

Appendix B. 

Barium-133m needs to be included in 

Appendix B. 

Barium-133 needs to be included in 

Appendix B. 

Barium-135m needs to be included in 

Appendix B. 

Barium-139 needs to be included in 

Appendix B. 

Barium-140 needs to be included in 

Appendix B. 

Barium-141 needs to be included in 

Appendix B. 

Barium-142 needs to be included in 

Appendix B. 

For Gadolinium-152 in class W, Bone 

surf (8E-2) is in column 2 of Table 1, 

and 1E-13 is in column 1 of Table 2. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

For Radon-222 in the class with 

daughters present, 1E+2 (or 4 

working level months) is in column 2 

of Table 1, and 3E-8 (or 0.33 working 

level) is in column 3 of Table 1. 

For Thorium-226 in class Y, 1E+2 is 

in column 2 of Table 1, 6E-8 is in 

column 3 of Table 1, and 2E-10 is in 

column 1 of Table 2. 

Neptunium-240 needs to be included 

in Appendix B. 

For Californium-253 in class W, Bone 

surf(4E+2) is in column 1 of Table 1. 

In the Notes section to Appendix B, 

the headings need to be included for 

the table provided under Note 2. 

Mississippi needs to make the above 

changes in order to meet the 

Category A designation assigned to 

Appendix B. 

3 300.08(9) 30.32(j) 2007-3 B Application for specific licenses 

Mississippi lists the wrong references 

in 300.08(9). 300.08(9)(c) should 

read, 

“Identification of individual(s) 

authorized to prepare the PET 

radioactive drugs if the applicant is a 

pharmacy, and documentation that 

each individual meets the 

requirements of an authorized nuclear 

pharmacist as specified in 

300.12(10)(b)(ii) of this section. 

Mississippi needs to make the above 

change in order to meet the Category 

B designation assigned to 10 CFR 

30.32(j). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

4 Section 300 

Appendix C 

30.72 2007-3 H&S Schedule C – Quantities of 

radioactive material requiring 

consideration of the need for an 

emergency plan for responding to 

a release 

For Packaged mixed waste, betagamma the quantity listed is 10,000 

curies. 

Mississippi needs to make the above 

change in order to meet the Category 

H&S designation assigned to 10 CFR 

30.72. 
STATE REGULATION STATUS

State: Mississippi 

 Tracking Ticket Number: 11-8 

[3 amendment(s) reviewed is identified by a i Date: May 19, 2011 

at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

Mississippi has adopted Final Regulations equivalent to RATS ID: 1997-5. 

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required Mississippi has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 

1991-3 Standards for Protection Against Radiation 

Part 20 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 

01/01/1994 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1992-1 Quality Management Program and Misadministrations 

Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

Mississippi has adopted Final Regulations equivalent to RATS ID: 2002-2. 

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1993-3 Definition of Land Disposal and Waste Site QA Program 

Part 61 58 FR 33886 

07/22/1996 Not Applicable2 Not Applicable Mississippi does not have any licensees 

subject to these regulations. (See SECY-95-112) 

1994-1 Self-Guarantee as an Additional Financial Mechanism 

Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

These regulation changes are not required to be adopted for purposes of Compatibility. 

1994-2 Uranium Mill Tailings Regulations: Conforming NRC 

Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable Mississippi does not have authority to 

regulate this material under its Agreement. 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1995-1 Preparation, Transfer for Commercial Distribution, and 

Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1995-3 Low-Level Waste Shipment Manifest Information and 

Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1995-4 Performance Requirements for Radiography Equipment 

Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

Mississippi has adopted Final Regulations equivalent to RATS ID: 1997-5. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1995-5 Radiation Protection Requirements: Amended Definitions 

and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1995-6 Clarification of Decommissioning Funding Requirements 

Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 Mississippi has not yet adopted Final 

Regulations equivalent to RATS ID: 2005-2. 

1996-1 Compatibility with the International Atomic Energy Agency

Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

04/01/1999 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 

Mississippi has not yet adopted Final Regulations equivalent to RATS ID: 2004-1. 

1996-2 One Time Extension of Certain Byproduct, Source and 

Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1996-3 Termination or Transfer of Licensed Activities: Record 

keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1997-1 Resolution of Dual Regulation of Airborne Effluents of 

Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1997-2 Recognition of Agreement State Licenses in Areas Under 

Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 

02/27/2000 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1997-3 Criteria for the Release of Individuals Administered 05/29/2000 Final1 No Comments 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Radioactive Material Parts 20, 35 62 FR 4120 

ML010590507 11/16/2001 

ML013230431 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. (See STP-97-078) 

1997-5 Licenses for Industrial Radiography and Radiation Safety 

Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1997-7 Exempt Distribution of a Radioactive Drug Containing 

One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit 

and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. (See STP-98-074) Mississippi has adopted Final Regulations equivalent to RATS ID: 2002-2. 

1998-4 Licenses for Industrial Radiography and Radiation Safety 07/09/2001 Final No Comments 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

ML091540220 07/21/2009 

ML091670024 

1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy 

Change Parts 20, 35, 36 63 FR 39477; 63 FR 45393 

10/26/2001 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1998-6 Transfer for Disposal and Manifests: Minor Technical 

Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

1999-1 Radiological Criteria for License Termination of Uranium 

Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Required Not Required Mississippi does not have the authority 

to regulate this material under its Agreement. 

1999-2 Requirements for Those Who Possess Certain Industrial 

Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1999-3 Respiratory Protection and Controls to Restrict Internal 

Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final1

ML010590507 

No Comments 11/16/2001 ML013230431 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 

ML040290385 

No Comments 02/03/2004 ML040340553 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML040290385 

No Comments 02/03/2004 ML040340553 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2001-1 Requirements for Certain Generally Licensed Industrial 

Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 Final2 

ML091540220 

Comments 07/21/2009 ML091670024 

Mississippi does not have any licensees subject to 32.51(a)(a) and (b). A license condition will be used to address this regulation when needed.2 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML051380417 

No Comments 06/15/2005 ML051660091 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML051380417 

No Comments 06/15/2005 ML051660091 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Proposed 

ML083260435 

No Comments 01/26/2009 ML083530751 

*2004-1 Compatibility With IAEA Transportation Safety Standards 

and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 R3

ML110910013 

No Comments 05/19/2011 ML111170191 

2005-1 Security Requirements for Portable Gauges Containing 

Byproduct Material Part 30 70 FR 2001 

07/11/2008 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition 

ML053110130 

No Comments 11/07/2005 ML053120172 

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 Final 

ML091540220 License Condition ML083460151 

No Comments 07/21/2009 ML091670024 No Comment 12/30/2008 ML083530040 

2007-1 Medical Use of Byproduct Material - Minor Corrections 

and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 

*2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 Proposed 

ML110910013 

Comments 05/19/2011 ML111170191 

2007-4 Order Imposing Fingerprinting Requirements and Criminal 

History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License Condition 

ML081090337 

No Comments 05/01/2008 ML081220282 

2008-1 Occupational Dose Records, Labeling Containers, and 

Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 Final 

ML091540220 

No Comments 07/21/2009 ML091670024 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

*2009-1 Medical Use of Byproduct Material – Authorized User 

Clarification Part 35 74 FR 33901 

09/28/2012 Proposed 

ML110910013 

No Comments 05/19/2011 ML111170191 

1 Mississippi submitted a final version of these regulations during the time frame in which the proposed version of these regulations was being 

reviewed. Staff then continued the review with the submitted final regulations. The outgoing letter (ML013230431) incorrectly states that only the 

proposed regulations were reviewed. 2 IMPEP Team: verify that Mississippi does not have any licensees subject to these regulations during each review. 3 R Means proposed revisions to final rule.