ML18030B357

Letter to B.J. Smith Mississippi Proposed Regulations to 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71, and 150

ML18030B357
Person / Time
Issue date:	02/27/2018
From:	Christian Einberg Office of Nuclear Material Safety and Safeguards
To:	Beverly Smith State of MS, Dept of Health
Beardsley M
Shared Package
ML18030B341	List: ML18030B357
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 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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.

B.J. Smith 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.J. Smith

SUBJECT:

MISSISSIPPI PROPOSED REGULATIONS 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 MBeardsley NLO-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

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, 20.1003 Part 20 A Definitions - Airborne Definitions Definitions - Radioactivity Area Airborne Radioctivity In Rule 1.1.2, Definition of Airborne Area 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 Enclosure 1

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS designation assigned to 10 CFR 20.1003.

3 Rule 1.3.1 10 CFR 30.4 Part 30 NRC Definition: Commencement of Rule 1.12.1 10 CFR 36.2 Part 36 Construction Paragraph 2 Rule 1.18.1 10 CFR 40.4 Part 40 Rule 1.19.1 10 CFR 70.4 Part 70 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 10 CFR 30.4 Part 30 NRC Definition: Construction, Rule 1.12.1 10 CFR 36.2 Part 36 Paragraph (9)(ii)

Rule 1.18.1 10 CFR 40.4 Part 40 Rule 1.19.1 10 CFR 70.4 Part 70 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 2

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 10 CFR 31.5 Part 31 C Certain detecting, measuring, 1.20.1.4 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 3

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 CertificateUse 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.

4

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 Mississippis proposed definition of Radiation Safety Officer in Rule 1.1.2.95 is not essentially identical to, and conflicts with the NRCs definition in 10 CFR 35.2.

Mississippi needs to either remove 5

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 Part 35 NRC License amendments 35.13(a)(1) 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.

6

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 10 CFR Part 40 NRC Unimportant quantities of source 1.18.1.1 40.13(c)(5)(iv) 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 10 CFR Part 40 NRC Application for specific licenses 1.18.1.1 40.31(m) 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 7

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Compatibility Category NRC designation assigned to 10 CFR 40.31(m).

20 Rule 10 CFR 40.41(h) Part 40 NRC Terms and conditions of licenses 1.18.1.1 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 Part 40 B Conditions of licenses to initially 40.55(a), (b), transfer source material for use (c), and (d) 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 8

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 Part 71 NRC Preliminary determinations 71.85(a), (b),

and (c) 10 CFR 71.85(a), (b), and (c) are 9

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.

10

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 28 Rule 10 CFR 71.17(b) Part 71 B General License: NRC-approved 1.13.1.3 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 10 CFR Part 71 C Quality assurance requirements 1.13.1.3 71.101(c)(1)

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.

11

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 10 CFR 31.11 Part 31 D General license for use of 1.20.1.4 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 CertificateUse 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.

12

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 Incoming Outgoing Notes State Adoption Letter Package 1991-1 Safety Requirements for Radiographic Equipment 01/10/1994 Final1 No Comments Mississippi has adopted Final Part 34 ML010590507 11/16/2001 Regulations equivalent to RATS ID:

55 FR 843 ML013230431 1997-5.

(Superceded by 1997-5) 1991-2 ASNT Certification of Radiographers none Not Required Not Required Mississippi has adopted Final Part 34 Regulations equivalent to RATS ID:

56 FR 11504 1997-5.

(Superceded by 1997-5) 1991-3 Standards for Protection Against Radiation 01/01/1994 Final1 No Comments Part 20 ML010590507 11/16/2001 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR ML013230431 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 1991-4 Notification of Incidents 10/15/1994 Final1 No Comments Parts 20, 30, 31, 34, 39, 40, and 70 ML010590507 11/16/2001 56 FR 64980; ML013230431 1992-1 Quality Management Program and 01/27/1995 Final1 No Comments Mississippi has adopted Final Misadministrations ML010590507 11/16/2001 Regulations equivalent to RATS ID:

Part 35 ML013230431 2002-2.

56 FR 34104 (Superceded by 2002-2) 1992-2 Eliminating the Recordkeeping Requirements none Not Required Not Required These regulation changes are not for Departures from Manufacturer's Instructions required to be adopted for purposes Parts 30 and 35 of Compatibility.

57 FR 45566 Enclosure 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1993-1 Decommissioning Recordkeeping and License 10/25/1996 Final1 No Comments Termination: Documentation Additions [Restricted ML010590507 11/16/2001 areas and spill sites] ML013230431 Parts 30 and 40 58 FR 39628 1993-2 Licensing and Radiation Safety Requirements for 07/01/1996 Final1 No Comments Irradiators ML010590507 11/16/2001 Part 36 ML013230431 58 FR 7715 1993-3 Definition of Land Disposal and Waste Site QA 07/22/1996 Not Applicable2 Not Applicable Mississippi does not have any Program licensees subject to these Part 61 regulations. (See SECY-95-112) 58 FR 33886 1994-1 Self-Guarantee as an Additional Financial none Final1 No Comments These regulation changes are not Mechanism ML010590507 11/16/2001 required to be adopted for purposes Parts 30, 40, and 70 ML013230431 of Compatibility.

58 FR 68726; 59 FR 1618 1994-2 Uranium Mill Tailings Regulations: Conforming 07/01/1997 Not Applicable Not Applicable Mississippi does not have authority NRC Requirements to EPA Standards to regulate this material under its Part 40 Agreement.

59 FR 28220 1994-3 Timeliness in Decommissioning Material Facilities 08/15/1997 Final1 No Comments Parts 30, 40, and 70 ML010590507 11/16/2001 59 FR 36026 ML013230431 1995-1 Preparation, Transfer for Commercial Distribution, 01/01/1998 Final No Comments and Use of Byproduct Material for Medical Use ML091540220 07/21/2009 Parts 30, 32, and 35 ML091670024 59 FR 61767; 59 FR 65243; 60 FR 322 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1995-2 Frequency of Medical Examinations for Use of 03/13/1998 Final1 No Comments Respiratory Protection Equipment ML010590507 11/16/2001 Part 20 ML013230431 60 FR 7900 1995-3 Low-Level Waste Shipment Manifest Information 03/01/1998 Final1 No Comments and Reporting ML010590507 11/16/2001 Parts 20 and 61 ML013230431 60 FR 15649; 60 FR 25983 1995-4 Performance Requirements for Radiography 06/30/1998 Final1 No Comments Mississippi has adopted Final Equipment ML010590507 11/16/2001 Regulations equivalent to RATS ID:

Part 34 ML013230431 1997-5.

60 FR 28323 (Superceded by 1997-5) 1995-5 Radiation Protection Requirements: Amended 08/14/1998 Final1 No Comments Definitions and Criteria ML010590507 11/16/2001 Parts 19 and 20 ML013230431 60 FR 36038 1995-6 Clarification of Decommissioning Funding 11/24/1998 Final1 No Comments Requirements ML010590507 11/16/2001 Parts 30, 40, and 70 ML013230431 60 FR 38235 1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 1996-1 Compatibility with the International Atomic Energy 04/01/1999 Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 3

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1996-2 One Time Extension of Certain Byproduct, Source 02/15/1999 Not Required Not Required These regulation changes are not and Special Nuclear Materials Licenses required to be adopted for purposes Parts 30, 40, and 70 of Compatibility.

61 FR 1109 1996-3 Termination or Transfer of Licensed Activities: 06/17/1999 Final1 No Comments Recordkeeping Requirements ML010590507 11/16/2001 Parts 20, 30, 40, 61, and 70 ML013230431 61 FR 24669 1997-1 Resolution of Dual Regulation of Airborne Effluents 01/9/2000 Final1 No Comments of Radioactive Materials; Clean Air Act ML010590507 11/16/2001 Part 20 ML013230431 61 FR 65120 1997-2 Recognition of Agreement State Licenses in Areas 02/27/2000 Final1 No Comments Under Exclusive Federal Jurisdiction Within an ML010590507 11/16/2001 Agreement State ML013230431 Part 150 62 FR 1662 1997-3 Criteria for the Release of Individuals Administered 05/29/2000 Final1 No Comments Radioactive Material ML010590507 11/16/2001 Parts 20 and 35 ML013230431 62 FR 4120 1997-4 Fissile Material Shipments and Exemptions 02/10/2000 Not Required Not Required These regulation changes are not Part 71 required to be adopted for purposes 62 FR 5907 of Compatibility. (See STP-97-078)

(Superceded by 2004-1) 1997-5 Licenses for Industrial Radiography and Radiation 06/27/2000 Final1 No Comments Safety Requirements for Industrial Radiography ML010590507 11/16/2001 Operations ML013230431 Parts 30, 34, 71, and 150 62 FR 28947 4

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1997-6 Radiological Criteria for License Termination 08/20/2000 Final1 No Comments Parts 20, 30, 40, and 70 ML010590507 11/16/2001 62 FR 39057 ML013230431 1997-7 Exempt Distribution of a Radioactive Drug 01/02/2001 Final1 No Comments Containing One Microcurie of Carbon-14 Urea ML010590507 11/16/2001 Part 30 ML013230431 62 FR 63634 1998-1 Deliberate Misconduct by Unlicensed Persons 02/12/2001 Final1 No Comments Parts 30, 40, 61, 70, 71, and 150 ML010590507 11/16/2001 63 FR 1890; 63 FR 13773 ML013230431 1998-2 Self-Guarantee of Decommissioning Funding by 07/01/2001 Not Required Not Required These regulation changes are not Nonprofit and Non-Bond-Issuing Licensees required to be adopted for purposes Parts 30, 40, and 70 of Compatibility.

63 FR 29535 1998-3 License Term for Medical Use Licenses 07/10/2001 Not Required Not Required These regulation changes are not Part 35 required to be adopted for purposes 63 FR 31604 of Compatibility. (See STP-98-074)

(Superceded by 2002-2) Mississippi has adopted Final Regulations equivalent to RATS ID:

2002-2.

1998-4 Licenses for Industrial Radiography and Radiation 07/09/2001 Final No Comments Safety Requirements for Industrial Radiographic ML091540220 07/21/2009 Operations ML091670024 Part 34 63 FR 37059 1998-5 Minor Corrections, Clarifying Changes, and a Minor 10/26/2001 Final1 No Comments Policy Change ML010590507 11/16/2001 Parts 20, 32, 35, 36, and 39 ML013230431 63 FR 39477; 63 FR 45393 5

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1998-6 Transfer for Disposal and Manifests: Minor 11/20/2001 Final1 No Comments Technical Conforming Amendment ML010590507 11/16/2001 Part 20 ML013230431 63 FR 50127 1999-1 Radiological Criteria for License Termination of 06/11/2002 Not Required Not Required Mississippi does not have the Uranium Recovery Facilities authority to regulate this material Part 40 under its Agreement.

64 FR 17506 1999-2 Requirements for Those Who Possess Certain 10/04/2002 Not Required Not Required These regulation changes are not Industrial Devices Containing Byproduct Material to required to be adopted for purposes Provide Requested Information of Compatibility.

Part 31 64 FR 42269 1999-3 Respiratory Protection and Controls to Restrict 02/02/2003 Final1 No Comments Internal Exposure ML010590507 11/16/2001 Part 20 ML013230431 64 FR 54543; 64 FR 55524 2000-1 Energy Compensation Sources for Well Logging 05/17/2003 Final No Comments and Other Regulatory Clarifications ML040290385 02/03/2004 Part 39 ML040340553 65 FR 20337 2000-2 New Dosimetry Technology 01/08/2004 Final No Comments Parts 34, 36, and 39 ML040290385 02/03/2004 65 FR 63750 ML040340553 2001-1 Requirements for Certain Generally Licensed 02/16/2004 Final Comments Industrial Devices Containing Byproduct Material ML12275A387 07/09/2013 Parts 30, 31, and 32 ML13002A239 65 FR 79162 Revised Final No Comments ML17139D421 06/15/2017 ML17139D420 6

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2002-1 Revision of the Skin Dose Limit 04/05/2005 Final No Comments Part 20 ML051380417 06/15/2005 67 FR 16298 ML051660091 2002-2 Medical Use of Byproduct Material 10/24/2005 Final No Comments Parts 20, 32, and 35 ML051380417 06/15/2005 67 FR 20249 ML051660091 2003-1 Financial Assurance for Materials Licensees 12/03/2006 Final No Comments Parts 30, 40, 70 ML12275A387 07/09/2013 68 FR 57327 ML13002A239 2004-1 Compatibility With IAEA Transportation Safety 10/01/2007 Final Comments Standards and Other Transportation Safety ML12275A387 07/09/2013 Amendments ML13002A239 Part 71 69 FR 3697 Revised Final Comment ML17139D421 06/15/2017 ML17139D420 2005-1 Security Requirements for Portable Gauges 07/11/2008 Final No Comments Containing Byproduct Material ML091540220 07/21/2009 Part 30 ML091670024 70 FR 2001 2005-2 Medical Use of Byproduct Material - Recognition of 04/29/2008 Final No Comments Specialty Boards ML091540220 07/21/2009 Part 35 ML091670024 70 FR 16336; 71 FR 1926 2005-3 Increased Controls for Risk-Significant Radioactive 12/01/2005 License No Comments Sources (NRC Order EA-05-090) Condition 11/07/2005 70 FR 72128 ML053110130 ML053120172 2006-1 Minor Amendments 03/27/2009 Final No Comments Parts 20, 30, 32, 35, 40, and 70 ML091540220 07/21/2009 71 FR 15005 ML091670024 7

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2006-2 National Source Tracking System - Serialization 02/06/2007 Final No Comments Requirements ML091540220 07/21/2009 Part 32 with reference to Part 20 Appendix E ML091670024 71 FR 65685 2006-3 National Source Tracking System 01/31/2009 Final No Comments Part 20 ML091540220 07/21/2009 71 FR 65685, 72 FR 59162 ML091670024 License No Comment Condition 12/30/2008 ML083460151 ML083530040 2007-1 Medical Use of Byproduct Material - Minor 10/29/2010 Final No Comments Corrections and Clarifications ML091540220 07/21/2009 Parts 32 and 35 ML091670024 72 FR 45147, 54207 2007-2 Exemptions From Licensing, General Licenses, and 12/17/2010 Final No Comments Distribution of Byproduct Material: Licensing and ML091540220 07/21/2009 Reporting Requirements ML091670024 Parts 30, 31, 32, and 150 72 FR 58473 2007-3 Requirements for Expanded Definition of Byproduct 11/30/2010 Final Comments Material ML12275A387 07/09/2013 Parts 20, 30, 31, 32, 33, 35, 61, and 150 ML13002A239 72 FR 55864 Revised Final No Comments ML17139D421 06/15/2017 ML17139D420 8

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2007-4 Order Imposing Fingerprinting Requirements and 06/05/2008 License No Comments Criminal History Records Check Requirements for Condition 05/01/2008 Unescorted Access to Certain Radioactive Material ML081090337 ML081220282 NRC Order EA-07-305 72 FR 70901 2008-1 Occupational Dose Records, Labeling Containers, 02/15/2011 Final No Comments and Total Effective Dose Equivalent ML091540220 07/21/2009 Parts 19 and 20 ML091670024 72 FR 68043 2009-1 Medical Use of Byproduct Material - Authorized 09/28/2012 Final No Comments User Clarification ML12275A387 07/09/2013 Part 35 ML13002A239 74 FR 33901 2011-1 Decommissioning Planning 12/17/2015 Parts 20, 30, 40, and 70 76 FR 35512 2011-2 Licenses, Certifications, and Approvals for Materials 11/14/2014 Final No Comments Licensees ML12275A387 07/09/2013 Parts 30, 36, 39, 40, 70, and 150 ML13002A239 76 FR 56951 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 01/25/2015 Final Comments (See RATS ID: 2001-1 for Rule text) ML12275A387 07/09/2013 77 FR 3640 ML13002A239 Revised Final No Comments ML17081A234 04/06/2017 ML17081A217 Revised Final No Comments 2012-2 Advance Notification to Native American Tribes of 08/10/2015 ML17081A234 04/06/2017 Transportation of Certain Types of Nuclear Waste ML17081A217 Part 71 77 FR 34194 9

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package Revised Final No Comments 2012-3 Technical Corrections 08/06/2015 ML17081A234 04/06/2017 Parts 30, 34, 40, and 71 ML17081A217 77 FR 39899 2012-4 Requirements for Distribution of Byproduct Material 10/23/2015 Parts 30, 31, 32, 40, and 70 77 FR 43666 2013-1 Physical Protection of Byproduct Material, 03/19/2016 License No Comments Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 Condition 08/05/2015 78 FR 16922 ML15194A389 ML15194A385 2013-2 Distribution of Source Material to Exempt Persons 08/27/2016 and to General Licensees and Revision of General License and Exemptions Parts 30, 40, and 70 78 FR 32310 2015-1 Domestic Licensing of Special Nuclear Material - 01/26/2018 Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 2015-2 Safeguards Information - Modified Handling 01/28/2018 Categorization, Change for Materials Facilities Parts 30, 37, 73, and 150 79 FR 58664, 80 FR 3865 2015-3 Revisions to Transportation Safety Requirements 07/13/2018 and Harmonization with International Atomic *extended to Energy Agency Transportation Requirements 08/15/2020 Part 71 See STC 17-060 80 FR 33987 2015-4 Miscellaneous Corrections, Parts 37 and 40 09/02/2018 80 FR 45841 10

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2015-5 Miscellaneous Corrections 12/31/2018 Parts 19, 20, 30, 32, 37, 40, 61, 70, 71, and 150 80 FR 74974 Revised Final N/A Various provisions - renumbering of State N/A ML17139D420 Comments regulations 07/09/2013 ML13002A239 Revised Final Comments Comments re: 32.210 (a) through ML17139D420 06/15/2017 (f), and 35.50 ML17139D420

• N/A 10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, *see applicable Proposed Comments Mississippi submitted proposed 40, 70, 71, and 150 RATS IDs ML317A537 02/27/2018 regulations incorporating NRC ML17317A536 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 licensees subject to these regulations during each review.

11