February 12, 2002

Mr. Richard A. Ratliff, PE, LMP, Chief

Bureau of Radiation Control

Texas Department of Health

1100 West 49th Street

Austin, TX 78756-3189

Dear Mr. Ratliff:

As requested, we have reviewed the final Texas regulations for Control of Radiation (25 Texas

Administrative Code 289) Section 289.252, “Licensing of Radioactive Material,”

Section 289.254, “Licensing of Waste Processing and Storage Facilities,” and Section 289.260,

“Licensing of Uranium Recovery and Byproduct Material Disposal Facilities” received in letters,

dated January 2, 2003. The proposed regulations are not in response to specific amendments

identified in the State Regulation Status (SRS) Data Sheet. The regulations were reviewed by

comparison to the equivalent NRC regulations in 10 CFR Parts 30 and 40. We discussed our

review of the regulations with you on February 11, 2003.

As a result of our review, we have one comment that has 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 a State regulation meets the

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

made based on a review of the final State regulation. However, we have determined that if

your proposed regulations were adopted incorporating the comment and without other

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

established in Office of State and Tribal Programs (STP) Procedure SA-200.

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 STP

Procedure SA-201, Review of State Regulations (November 10, 1998), please highlight the

final changes and send one copy to STP.

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 me, or Vivian

Campbell of the Region IV stafff at 817-860-8143 or vhc@NRC.GOV.

Sincerely,

RA BY PATRICIA LARKINS FOR/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure(s): 

As stated
February 12, 2002

Mr. Richard A. Ratliff, PE, LMP, Chief

Bureau of Radiation Control

Texas Department of Health

1100 West 49th Street

Austin, TX 78756-3189

Dear Mr. Ratliff:

As requested, we have reviewed the final Texas regulations for Control of Radiation (25 Texas

Administrative Code 289) Section 289.252, “Licensing of Radioactive Material,” Section

289.254, “Licensing of Waste Processing and Storage Facilities,” and Section 289.260,

“Licensing of Uranium Recovery and Byproduct Material Disposal Facilities” received in letters,

dated January 2, 2003. The proposed regulations are not in response to specific amendments

identified in the State Regulation Status (SRS) Data Sheet. The regulations were reviewed by

comparison to the equivalent NRC regulations in 10 CFR Parts 30 and 40. We discussed our

review of the regulations with you on February 11, 2003.

As a result of our review, we have one comment that has 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 a State regulation meets the

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

made based on a review of the final State regulation. However, we have determined that if

your proposed regulations were adopted incorporating the comment and without other

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

established in Office of State and Tribal Programs (STP) Procedure SA-200.

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 STP

Procedure SA-201, Review of State Regulations (November 10, 1998), please highlight the

final changes and send one copy to STP.

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 me, or Vivian

Campbell of the Region IV staff at 817-860-8143 or vhc@NRC.GOV.

Sincerely,

/RA BY PATRICIA LARKINS FOR/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Distribution:

DIR RF [3-14] DCD (SP08)

PLohaus PDR (YES_T)

Busilton JMyers, ASPO

Texas File Response to Incoming Document: ML030220130

DOCUMENT NAME: I:\Regs\3-14.wpd

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 RSAO/STP STP OGC STP

NAME VHCampbell Jzabko STreby JPiccone(PLarkins

for)

DATE 1/ 24/ 03* 1/29/03* 2/11/03* 2/12/03*

OFFICIAL RECORD COPY

ML030430320
COMMENTS ON PROPOSED TEXAS REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

RATS

ID

Category Subject and Comments

289.260(f)(2) 40.32(e) NONE H&S General requirements for issuance

of specific licenses

The State’s proposed rule would allow

major construction for uranium

recovery and byproduct material

disposal facilities before a license is

issued. NRC’s regulations in 40.32(e)

and 150.31(b)(3)(iv) prohibits any

major construction activity prior to the

issuance of a license. In addition,

Section 274o.(3)(D) of the Atomic

Energy Act of 1954 requires the State

to have procedures for licensing and

regulation of byproduct material, as

defined in Section 11e. (2), that

prohibit any major construction activity

prior to license issuance. 

The State’s current section of the rule

meets the health and safety category

of the equivalent NRC regulation and

should remain unchanged. The State

should retain this paragraph but

consider amending this paragraph to

define what is meant by

“commencement of construction”

similar to the definition of the phrase in

10 CFR 40.32 (e). 
STATE REGULATION STATUS

State: Texas

No amendments were reviewed Tracking Ticket Number: 3-14

Date: FEBRUARY 12, 2003

NRC Chronology

Identification

FR Notice

(State Due

Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review / 

Y, N2 / Date /

ML #5

Final State Regulation1

(Effective Date)

Safety Requirements for

Radiographic Equipment-Part 34

55 FR 843;

(1/10/94)

1991-1 P Y

1/12/99

ASNT Certification of

Radiographers-Part 34

56 FR 11504;

(none)

1991-2 Not required3

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; 

(1/1/94)

1991-3 F N

11/6/97

9/1/93

Notification of Incidents-Parts 20,

30, 31, 34, 39, 40, 70

56 FR 64980;

(10/15/94)

1991-4 P N

11/21/97

Quality Management Program and

Misadministrations-Part 35

56 FR 34104;

(1/27/95)

1992-1

Eliminating the Recordkeeping

Requirements for Departures from

Manufacturer's Instructions-Parts

30, 35

57 FR 45566;

(none)

1992-2 Not required3

Decommissioning Recordkeeping

and License Termination: 

Documentation Additions

[Restricted areas and spill sites]-

Parts 30, 40 

58 FR 39628;

(10/25/96)

1993-1 P N

11/21/97

Licensing and Radiation Safety

Requirements for Irradiators-Part 36

58 FR 7715;

(7/1/96)

1993-2 P Y

3/13/96

Definition of Land Disposal and

Waste Site QA Program-Part 61

58 FR 33886;

(7/22/96)

1993-3 Part 61 not applicable to TXDOH

Self-Guarantee as an Additional

Financial Mechanism-Parts 30, 40,

70 

58 FR 68726; 59

FR 1618

(none)

1994-1 P N

11/21/97

Uranium Mill Tailings Regulations: 

Conforming NRC Requirements to

EPA Standards-Part 40

59 FR 28220;

(7/1/97)

1994-2 P N

11/21/97

Not applicable SECY-95-1124

Timeliness in Decommissioning

Material Facilities-Parts 30, 40, 70 

59 FR 36026;

(8/15/97)

1994-3 P N

11/21/97

Preparation, Transfer for

Commercial Distribution, and Use of

Byproduct Material for Medical UseParts 30, 32, 35

59 FR 61767; 59

FR 65243

60 FR 322;

(1/1/98)

1995-1 F N

3/17/99

Frequency of Medical Examinations

for Use of Respiratory Protection

Equipment-Part 20 

60 FR 7900;

(3/13/98)

1995-2

Low-Level Waste Shipment

Manifest Information and ReportingParts 20, 61

60 FR 15649; 60

FR 25983

(3/1/98)

1995-3 P N

11/8/96

Part 61 not applicable to TXDOH
NRC Chronology

Identification

FR Notice

(State Due

Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review / 

Y, N2 / Date /

ML #5

Final State Regulation1

(Effective Date)

Performance Requirements for

Radiography Equipment-Part 34

60 FR 28323;

(6/30/98)

1995-4 P Y

1/22/99

Radiation Protection Requirements: 

Amended Definitions and CriteriaParts 19, 20 

60 FR 36038;

(8/14/98)

1995-5 F N

3/17/99

Clarification of Decommissioning

Funding Requirements-Parts 30,

40, 70

60 FR 38235;

(11/24/98)

1995-6 P N

11/21/97

Medical Administration of Radiation

and Radioactive Materials-Parts 20,

35

60 FR 48623;

(10/20/98)

1995-7

10 CFR Part 71: Compatibility with

the International Atomic Energy

Agency-Part 71

60 FR 50248; 61

FR 28724

(4/1/99)

1996-1 P Y

11/21/97

One Time Extension of Certain

Byproduct, Source and Special

Nuclear Materials Licenses-Parts

30, 40, 70

61 FR 1109;

(none)

1996-2 Not required3

Termination or Transfer of Licensed

Activities: Recordkeeping

Requirements-Parts 20, 30, 40, 61,

70

61 FR 24669;

(6/17/99)

1996-3 P (Part 30) N

11/8/96

Part 61 not applicable to TXDOH

Resolution of Dual Regulation of

Airborne Effluents of Radioactive

Materials; Clean Air Act-Part 20

61 FR 65120;

(1/9/00)

1997-1 F N

7/7/00

10/1/00

Recognition of Agreement State

Licenses in Areas Under Exclusive

Federal Jurisdiction Within an

Agreement State-Part 150

62 FR 1662;

(2/27/00)

1997-2

Criteria for the Release of

Individuals Administered

Radioactive Material-Parts 20, 35

62 FR 4120;

(5/29/00)

1997-3 F N

7/7/00

10/1/00

Fissile Material Shipments and

Exemptions-Part 71

62 FR 5907;

(none)

1997-4 Not required3

Licenses for Industrial Radiography

and Radiation Safety Requirements

for Industrial Radiography

Operations-Parts 30, 34, 71, 150

62 FR 28947;

(6/27/00)

1997-5 F N

7/7/00

3/30/00

Radiological Criteria for License

Termination-Parts 20, 30, 40, 70

62 FR 39057;

(8/20/00)

1997-6 F N

7/7/00

10/1/00

Exempt Distribution of a Radioactive

Drug Containing One Microcurie of

Carbon-14 Urea-Part 30 

62 FR 63634;

(1/02/01)

1997-7

Deliberate Misconduct by

Unlicensed Persons-Parts 30, 40,

61, 70, 71, 150

63 FR 1890; 63

FR 13773

(2/12/01)

1998-1

Self-Guarantee of

Decommissioning Funding by

Nonprofit and Non-Bond-Issuing

Licensees- Parts 30, 40, 70

63 FR 29535;

(none)

1998-2 Not required3

License Term for Medical Use

Licenses-Part 35

63 FR 31604;

(none)

1998-3 Not required3
NRC Chronology

Identification

FR Notice

(State Due

Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review / 

Y, N2 / Date /

ML #5

Final State Regulation1

(Effective Date)

1. Or other generic Legally Binding Requirements.

2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.

4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: 

“Final Policy Statement on Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for

Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995. 

5. ADAMS ML Number

Licenses for Industrial Radiography

and Radiation Safety Requirements

for Industrial Radiographic

Operations-Part 34

63 FR 37059;

(7/9/01)

1998-4 P Y

1/12/99

Minor Corrections, Clarifying

Changes, and a Minor Policy

Change-Parts 20, 35, 36

63 FR 39477;

63 FR 45393

(10/26/01)

1998-5 F N

7/7/00

10/1/00

Transfer for Disposal and

Manifests: Minor Technical

Conforming Amendment-Part 20

63 FR 50127;

(11/20/01)

1998-6 F N

7/7/00

10/1/00

Radiological Criteria for License

Termination of Uranium Recovery

Facilities-Part 40

64 FR 17506;

(6/11/02)

1999-1

Requirements for Those Who

Possess Certain Industrial Devices

Containing Byproduct Material to

Provide Requested Information-Part

31

64 FR 42269;

(none)

1999-2 Not required3

Respiratory Protection and Controls

to Restrict Internal Exposure-Part

20

64 FR 54543; 64

FR 55524

(2/2/03)

1999-3

Energy Compensation Sources for

Well Logging and Other Regulatory

Clarifications-Part 39

65 FR 20337;

(5/17/03)

2000-1 P

ML023040140

Y 1/9/03

ML030210400

New Dosimetry Technology-Parts

34, 36, 39

65 FR 63750;

(1/8/04)

2000-2 P 

ML023040140

N 1/9/03

ML030210400

Requirements for Certain Generally

Licensed Industrial Devices

Containing Byproduct Material -

Parts 30, 31, 32

65 FR 79162;

(2/16/04)

2001-1

Revision of the Skin Dose Limit -

Part 20

67 FR 16298;

(4/5/05)

2002-1

Medical Use of Byproduct MaterialParts 20, 32, and 35

 67 FR 20249;

(4/24/05)

2002-2