ML18030B357
| ML18030B357 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/2018 |
| From: | Christian Einberg Office of Nuclear Material Safety and Safeguards |
| To: | Smith B J State of MS, Dept of Health |
| Beardsley M R | |
| Shared Package | |
| ML18030B341 | List: |
| References | |
| Download: ML18030B357 (26) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 27, 2018
B.J. Smith, Director Division of Radiological Health Mississippi State Department of Health 3150 Lawson Street P.O. Box 1700 Jackson, MS 39215-1700
Dear Mr. Smith:
We have reviewed the proposed revisions to the Mississippi State Department of Health regulations Title 15, Part 21, Subpart 78 "Radiological Health", received by our office on November 7, 2017. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71, and 150 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on February 20, 2018.
As a result of our review, we have 31 comments related to compatibility, and one comment not related to compatibility 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 Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, "Compatibility Categories
and Health and Safety Identification for NRC Regulations and Other Program Elements."
We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in NMSS Procedure SA-201, "Review of State Regulatory Requirements," please highlight the final changes, and provide a copy to Division of Materials Safety, Security, State, and Tribal
Programs, NMSS.
The SRS Data Sheet summarizes our knowledge of the status of other Mississippi regulations, as indicated. Please let us know if you not e 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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.
B.
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 Michelle Beardsley State Regulation Review Coordinator, at (267) 884-2305 (michelle.beardsley@nrc.gov
),
Dr. Lizette Roldán-Otero at (817) 200-1596 (lizette.roldan@nrc.gov
), or Binesh Tharakan at 817-200-1116 (binesh.tharakan@nrc.gov
). Sincerely,
/RA/
PMichalak for CEinberg Christian Einberg, Acting Deputy Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety
and Safeguards
Enclosures:
- 1. Compatibility and Non-Compatibility Comments 2. Mississippi SRS Data Sheet
B.
SUBJECT:
MISSISSIPPI PROPOSED REGU LATIONS TO 10 CFR PARTS 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71, AND 150 DISTRIBUTION: SP[08] DIR RF (18-07)
Tharakan, RSAO MIssissippi File
OFFICE ASPB RIV/DNMS ASPB OGC ASPB:BC MSTR:DD NAME LRoldan-Otero BTharakan MBeardsleyNLO-APessin PMichalak PMichalak for CEinberg DATE 1/26/18 1/26/18 1/26/18 2/15/18 2/27/18 2/27/18 ML18030B357 OFFICIAL RECORD COPY Package ML17317A536
Enclosure 1 COMPATIBILITY COMMENTS ON MISSISSIPPI PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1 Rule 1.10.1 10 CFR 19.11 Part 19 NRC Posting of notices to workers Mississippi did not exclude certain portions of 10 CFR 19.11(a) nor all of 10 CFR 19.11(b) and (e) which are designated as a Compatibility Category NRC. Mississippi needs to exclude these regulations from adoption by reference.
Mississippi needs to make the changes indicated above in order to meet the Compatibility Category NRC designation assigned to 10 CFR 19.11(a), (b), and (e).
2 Rule 1.1.2, Definitions 20.1003 Definitions -
Airborne Radioctivity
Area Part 20 A Definitions - Airborne Radioactivity Area In Rule 1.1.2, Definition of Airborne Radioactivity Area, Mississippi states, "Airborne radioactivity area means a room, enclosure, or area in which airborne radioactive materials exist in concentrations: a. in excess of the derived air concentrations (DACs) specified in Appendix B, Table I of Subchapter 4 of these regulations." Mississippi does not include an Appendix B, Table 1 in Subchapter 4 of their regulations, rather they adopt 10 CFR 20, Appendix B by reference. Therefore, Mississippi needs to change the reference in their definition of Airborne Radioactivity Area to state, "-specified in 10 CFR Part 20, Appendix B, Table 1-".
Mississippi needs to make the changes indicated above in order to meet the Compatibility Category A 2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS designation assigned to 10 CFR 20.1003.
3 Rule 1.3.1
Rule 1.12.1
Rule 1.18.1
Rule 1.19.1 10 CFR 30.4
10 CFR 70.4 Part 30 Part 36 Part 40 Part 70 NRC Definition: Commencement of Construction Paragraph 2 In 10 CFR 30.4, 36.2, 40.4, and 70.4, the definition of "Commencement of Construction," Paragraph (2), "Common defense and security," is a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include Paragraph (2) of the definition of "Commencement of Construction" of these regulations in their list of excluded regulations (i.e., those not adopted by reference) in Rule 1.3.1, 1.12.1, 1.18.1, 1.19.1, respectively.
Mississippi needs to make the above changes in order to meet the Compatibility Category NRC designation assigned to the definition of "Commencement of Construction" in 10 CFR 30.4, 36.2, 40.4, and 70.4.
4 Rule 1.3.1
Rule 1.12.1
Rule 1.18.1 Rule 1.19.1 10 CFR 30.4
10 CFR 40.4 10 CFR 70.4 Part 30 Part 36 Part 40 Part 70 NRC Definition: Construction, Paragraph (9)(ii)
In 10 CFR 30.4, 36.2, 40.4, and 70.4, in the definition of "Construction,"
Paragraph (9)(ii), "Common defense and security" is designated as a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include Paragraph (9)(ii) of the definition of "Construction" of these regulations in their list of excluded regulations (i.e., those not adopted by reference) in Rule 1.3.1, 1.12.1, 1.18.1, 1.19.1, respectively.
Mississippi needs to make the above 3 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS changes in order to meet the Compatibility Category NRC designation assigned to the definition of "Construction" in 10 CFR 30.4, 36.2, 40.4, and 70.4.
5 Rule 1.3.1 10 CFR 30.22 Part 30 B Certain Industrial Devices Mississippi omitted 10 CFR 30.22 in the list of regulations adopted by reference in Rule 1.3.1.
Mississippi needs to add 10 CFR 30.22 to the list of regulations adopted in Subchapter 3, Rule 1.3.1.
Mississippi needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 30.22.
6 Rule 1.20.1 10 CFR 31.3 Part 31 N/A [RESERVED]
Mississippi adopts 10 CFR 31.3 by reference which is a regulation that is currently in reserved status.
Mississippi should remove 10 CFR 31.3 from the list of regulations adopted by reference in Rule 1.20.1 (both the reference to 10 CFR 31.3 in the preamble of Rule 1.20.1 and the references to 10 CFR 31.3(b)-(c) in paragraph 1 of Rule 1.20.1 should be removed).
7 Rule 1.20.1.4 10 CFR 31.5 Part 31 C Certain detecting, measuring, gauging or controlling devices and certain devices for producing light or an ionized atmosphere Mississippi Rule 1.20.1, paragraph 4, states "Mississippi State Department of Health radioactive material license form number 843 must be used 4 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS instead of NRC Form 244 that is specified in 10 CFR Part 31." NRC Form 244 is "Registration Certificate-Use of Depleted Uranium Under General License," This form number is not found in Part 31. It is found in Part 40.
Mississippi should remove the reference to NRC Form 244 in Rule 1.20.1.4 to avoid confusion.
8 Rule 1.21.1 10 CFR 32.17 Part 32 N/A [Removed]
Mississippi adopts 10 CFR 32.17 by reference. The NRC removed 10 CFR 32.17 in 2007 (72 FR 58473, October 16, 2007).
Mississippi needs to remove 10 CFR 32.17 from the list of regulations adopted by reference in Rule 1.21.1.
9 Rule 1.21.1 10 CFR 32.101 Part 32 N/A [Removed]
Mississippi adopts 10 CFR 32.101 by reference. The NRC removed 10 CFR 32.101 in 2012 (77 FR 43666, July 25, 2012).
Mississippi needs to remove 10 CFR 32.101 from the list of regulations adopted by reference in Rule 1.21.1.
10 Rule 1.21.1 10 CFR 32.102 Part 32 N/A [Removed]
Mississippi adopts 10 CFR 32.102 by reference. The NRC removed 10 CFR 32.102 in 2012 (77 FR 43666, July 25, 2012).
Mississippi needs to remove 10 CFR 32.102 from the list of regulations adopted by reference in Rule 1.21.1.
5 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 11 Rule 1.21.1 10 CFR 32.103 Part 32 N/A [Removed]
Mississippi adopts 10 CFR 32.103 by reference. The NRC removed 10 CFR 32.103 in 2012 (77 FR 43666, July 25, 2012).
Mississippi needs to remove 10 CFR 32.103 from the list of regulations adopted by reference in Rule 1.21.1.
12 Rule 1.21.1 10 CFR 32.110 Part 32 N/A [Removed]
Mississippi adopts 10 CFR 32.110 by reference. The NRC removed 10 CFR 32.110 in 2012 (77 FR 43666, July 25, 2012).
Mississippi needs to remove 10 CFR 32.110 from the list of regulations adopted by reference in Rule 1.21.1.
13 Rule 1.21.1 10 CFR 32.211 Part 32 B Inactivation of certificates of registration of sealed sources and devices Mississippi omits 10 CFR 32.211 from adoption by reference.
Mississippi needs to add 10 CFR 32.211 to Rule 1.21.1 so that it is adopted by reference in order to meet the Compatibility Category B designation assigned to 10 CFR 32.211. 14 Rule 1.7.1 10 CFR 35.2 Part 35 B Definition: Radiation Safety Officer Mississippi's proposed definition of "Radiation Safety Officer" in Rule 1.1.2.95 is not essentially identical to, and conflicts with the NRC's definition in 10 CFR 35.2.
Mississippi needs to either remove 6 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS the definition in Rule 1.1.2.95 or rewrite the definition to be essentially identical to the definition of Radiation Safety Officer as stated in 10 CFR 35.2 in order to meet the Compatibility Category B designation assigned to 10 CFR 35.2 Definition of "Radiation Safety Officer."
15 Rule 1.7.1.1 10 CFR 35.13(a)(1)
Part 35 NRC License amendments 10 CFR 35.13(a)(1) is a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to correct the reference to 10 CFR 35.13(2)(1) by replacing it with 10 CFR 35.13(a)(1) as part of the regulations that are not adopted references in 1.7.1.1.
Mississippi needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 35.13(a)(1).
16 Rule 1.18.1 10 CFR 40.4 Part 40 NRC Definitions In 10 CFR 40.4, the definition of "Foreign obligations" is a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include the definition of "Foreign obligations" in 10 CFR 40.4 in their list of excluded regulations in Rule 1.18.1.1.
Mississippi needs to make the above change in order to meet the Compatibility Category NRC designation assigned to the definition of "Foreign obligations" in 10 CFR 40.4.
7 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 17 Rule 1.18.1 10 CFR 40.4 Part 40 NRC Definitions In 10 CFR 40.4, the definition of "Reconciliation" is a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include the definition of "Reconciliation" in 10 CFR 40.4 in their list of excluded regulations in Rule 1.18.1.1.
Mississippi needs to make the above change in order to meet the Compatibility Category NRC designation assigned to the definition of "Reconciliation" in 10 CFR 40.4.
18 Rule 1.18.1.1 10 CFR 40.13(c)(5)(iv)
Part 40 NRC Unimportant quantities of source material 10 CFR 40.13(c)(5)(iv) is designated as a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include 10 CFR 40.13(c)(5)(iv) in their list of excluded regulations in Rule 1.18.1.1.
Mississippi needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.13(c)(5)(iv).
19 Rule 1.18.1.1 10 CFR 40.31(m) Part 40 NRC Application for specific licenses 10 CFR 40.31(m) is designated as a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include 10 CFR 40.31(m)in their list of excluded regulations in Rule 1.18.1.1.
Mississippi needs to make the above change in order to meet the 8 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Compatibility Category NRC designation assigned to 10 CFR 40.31(m).
20 Rule 1.18.1.1 10 CFR 40.41(h)
Part 40 NRC Terms and conditions of licenses 10 CFR 40.41(h) is designated as a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include 10 CFR 40.41(h)in their list of excluded regulations in Rule 1.18.1.1.
Mississippi needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 40.41(h).
21 Rule 1.18.1 10 CFR 40.54 Part 40 B Requirements for license to initially transfer source material for use under the 'small quantities of source material' general license Mississippi omitted 10 CFR 40.54 to their list of regulations that will be adopted by reference.
Mississippi needs to include this regulation in their list of regulations that will be adopted by reference in order to meet the Compatibility Category B designation assigned to 10 CFR 40.54.
22 Rule 1.18.1 10 CFR 40.55(a), (b), (c), and (d)
Part 40 B Conditions of licenses to initially transfer source material for use under the 'small quantities of source material' general license: Quality control, labeling, safety instructions, and records and reports Mississippi omitted 10 CFR 40.55(a), (b), (c), and (d) in their list of 9 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS regulations that will be adopted by reference.
Mississippi needs to include 10 CFR 40.55(a), (b), (c), and (d) in their list of regulations that will be adopted by reference in order to meet the Compatibility Category B designation assigned to 10 CFR 40. 55(a), (b), (c), and (d).
23 Rule 1.18.1 10 CFR 40.55(e)
Part 40 C Conditions of licenses to initially transfer source material for use under the 'small quantities of source material' general license: Quality control, labeling, safety instructions, and records and reports Mississippi omitted 10 CFR 40.55(e) in their list of regulations that will be adopted by reference.
Mississippi needs to include 10 CFR 40.55(e) in their list of regulations that will be adopted by reference in order to meet the Compatibility Category C designation to 10 CFR 40.55(e).
24 Rule 1.13.1 10 CFR 71.20 Part 71 NA [Removed]
Mississippi adopts 10 CFR 71.20 by reference. The general license in 10 CFR 71.20 expired on October 1, 2008, and 10 CFR 71.20 has been deleted from Part 71 (69 FR 139, February 10, 2004).
Mississippi needs to remove 10 CFR 71.20 from the list of regulations adopted by reference in Rule 1.13.1.
25 Rule 1.13.1 10 CFR 71.85(a), (b),
and (c) Part 71 NRC Preliminary determinations 10 CFR 71.85(a), (b), and (c) are 10 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS designated as a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include 10 CFR 71.85(a), (b), and (c) in their list of excluded regulations in Rule 1.13.1.1.
Mississippi needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 71.85(a), (b), and (c).
26 Rule 1.13.1 10 CFR 71.91(b)
Part 71 NRC Records 10 CFR 71.91(b) is designated as a Compatibility Category NRC and should not be adopted by Mississippi. Mississippi needs to include 10 CFR 71.91(b) in their list of excluded regulations in Rule 1.13.1.1.
Mississippi needs to make the above change in order to meet the Compatibility Category NRC designation assigned to 10 CFR 71.91(b).
27 Rule 1.13.1 10 CFR 71.106 Part 71 C Changes to quality assurance program Mississippi has omitted 10 CFR 71.106 pertaining to changes to quality assurance programs from their list of regulations that are adopted by reference.
Mississippi needs to add 10 CFR 71.106 to the list of regulations adopted by reference in order to meet the Compatibility Category C designation assigned to 10 CFR 71.106.
11 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 28 Rule 1.13.1.3 10 CFR 71.17(b)
Part 71 B General License: NRC-approved package Mississippi should not include 10 CFR 71.17(b) in their list of exceptions in 1.13.1.3. The words "Mississippi State Department of Health" would be appropriately substituted for the word "Commission."
Mississipi needs to remove the reference to 10 CFR 71.17(b) from 1.13.1.3.
29 Rule 1.13.1.3 10 CFR 71.101(c)(1)
Part 71 C Quality assurance requirements Mississippi should not include 10 CFR 71.101(c)(1) in their list of exceptions in 1.13.1.3. The words "Mississippi State Department of Health" would be appropriately substituted for the word "Commission" and for the NMSS document control desk reference.
Mississipi needs to remove the reference to 10 CFR 71.101(c)(1) from Rule 1.13.1.3.
30 Rule 1.13.1 10 CFR Part 71 Part 71 N/A General Statements for Part 71 In the general statements regarding the incorporation of the provisions of 10 CFR Part 71 by reference in Rule 1.13.1, Mississippi needs to indicate that the terms "certificate of compliance," "certificate holder" and "applicant" are used only in relation to the NRC as the NRC is the sole authority for approving and issuing a Part 71 package Certificate of Compliance.
12 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 31 All sections All Parts All Parts Various General comment When adopting NRC regulations by reference, Mississippi needs to insert the word "Title" before the number "10," thus "Title 10 Code of Federal Regulations Part XX."
COMMENT NOT REQUIRED FOR COMPATIBILITY 1 Rule 1.20.1.4 10 CFR 31.11 Part 31 D General license for use of byproduct material for certain in vitro clinical or laboratory testing Rule 1.20.1.4, states that the "Mississippi State Department of Health radioactive material license form number 843 must be used instead of NRC form 244 that is specified in 10 Code of Federal Regulations Part 31." Form 244 is "Registration Certificate-Use of Depleted Uranium Under General License," This form is not found in Part 31. It is found in Part 40.
Mississippi may be referring to NRC Form 483 which is referenced in 31.11. If Mississippi Form 843 is equivalent to NRC Form 483, then Mississippi should change 'NRC Form 244' to 'NRC Form 483' in Rule 1.20.1.4 Mississippi should remove the reference to Form 244 in Rule 1.20.1.4 to avoid confusion/errors.
Enclosure 2 STATE REGULATION STATUS State: Mississippi Tracking Ticket Number: 18-07 Date: 02/27/2018 [ 1 amendment(s) reviewed identified by a *at the beginning of the equivalent NRC requirement.]
RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Final 1 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 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40, and 70 56 FR 64980; 10/15/1994 Final 1 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 Final 1 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 and 35 57 FR 45566 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.
2 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1993-1 Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites] Parts 30 and 40 58 FR 39628 10/25/1996 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Final 1 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 Applicable 2 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, and 70 58 FR 68726; 59 FR 1618 none Final 1 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 Regu lations: 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, and 70 59 FR 36026 08/15/1997 Final 1 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, and 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Final ML091540220 No Comments 07/21/2009 ML091670024
3 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment
Part 20 60 FR 7900 03/13/1998 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20 and 61 60 FR 15649; 60 FR 25983 03/01/1998 Final 1 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 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 Mississippi has adopted Final Regulations equivalent to RATS ID: 1997-5. 1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19 and 20 60 FR 36038 08/14/1998 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40, and 70 60 FR 38235 11/24/1998 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 10/20/1998 1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999
4 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1996-2 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses Parts 30, 40, and 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: Recordkeeping Requirements Parts 20, 30, 40, 61, and 70 61 FR 24669 06/17/1999 Final 1 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 Final 1 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 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20 and 35 62 FR 4120 05/29/2000 Final 1 ML010590507 No Comments 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, and 150 62 FR 28947 06/27/2000 Final 1 ML010590507 No Comments 11/16/2001 ML013230431
5 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40, and 70 62 FR 39057 08/20/2000 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1997-7 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71, and 150 63 FR 1890; 63 FR 13773 02/12/2001 Final 1 ML010590507 No Comments 11/16/2001 ML013230431 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, and 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 Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Final ML091540220 No Comments 07/21/2009 ML091670024 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36, and 39 63 FR 39477; 63 FR 45393 10/26/2001 Final 1 ML010590507 No Comments 11/16/2001 ML013230431
6 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment
Part 20 63 FR 50127 11/20/2001 Final 1 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 Final 1 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, and 39 65 FR 63750 01/08/2004 Final ML040290385 No Comments 02/03/2004 ML040340553 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31, and 32 65 FR 79162 02/16/2004 Final ML12275A387
Revised Final ML17139D421 Comments 07/09/2013 ML13002A239
No Comments 06/15/2017 ML17139D420 7 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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, and 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 Final ML12275A387 No Comments 07/09/2013 ML13002A239 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML12275A387
Revised Final ML17139D421 Comments 07/09/2013 ML13002A239 Comment 06/15/2017 ML17139D420 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
8 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter 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, and 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, and 150 72 FR 55864 11/30/2010 Final ML12275A387
Revised Final ML17139D421 Comments 07/09/2013 ML13002A239
No Comments 06/15/2017 ML17139D420
9 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 and 20 72 FR 68043 02/15/2011 Final ML091540220 No Comments 07/21/2009 ML091670024 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML12275A387 No Comments 07/09/2013 ML13002A239 2011-1 Decommissioning Planning Parts 20, 30, 40, and 70 76 FR 35512 12/17/2015 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 11/14/2014 Final ML12275A387 No Comments 07/09/2013 ML13002A239 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Final ML12275A387
Revised Final ML17081A234 Comments 07/09/2013 ML13002A239
No Comments 04/06/2017 ML17081A217 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 Revised Final ML17081A234 No Comments 04/06/2017 ML17081A217
10 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-3 Technical Corrections Parts 30, 34, 40, and 71 77 FR 39899 08/06/2015 Revised Final ML17081A234 No Comments 04/06/2017 ML17081A217 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40, and 70 77 FR 43666 10/23/2015 2013-1 Physical Protection of Byproduct Material, Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 03/19/2016 License Condition ML15194A389 No Comments 08/05/2015 ML15194A385 2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions Parts 30, 40, and 70 78 FR 32310 08/27/2016 2015-1 Domestic Licensing of Special Nuclear Material - Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 01/28/2018 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements
Part 71 80 FR 33987 07/13/2018
- extended to 08/15/2020 See STC 17-060 2015-4 Miscellaneous Corrections, Parts 37 and 40 80 FR 45841 09/02/2018 11 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2015-5 Miscellaneous Corrections Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974 12/31/2018 N/A Various provisions - renumbering of State regulations N/A Revised Final ML17139D420
Revised Final ML17139D420
Comments 07/09/2013 ML13002A239
Comments 06/15/2017 ML17139D420
Comments re: 32.210 (a) through (f), and 35.50
- N/A 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71, and 150
- see applicable
RATS IDs Proposed ML317A537 Comments 02/27/2018 ML17317A536 Mississippi submitted proposed regulations incorporating NRC regulations by reference.
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 lic ensees subject to these regulations during each review.