February 1, 2002

Mr. Lawrence E. Nanney, Director 

Division of Radiological Health 

Department of Environment and Conservation

L & C Annex, Third Floor

401 Church Street

Nashville, TN 37243-1532

Dear Mr. Nanney:

As requested, we have reviewed the final Tennessee regulations, State Regulations for the

Protection Against Radiation, that were sent electronically on December 21, 2001. The final

regulations are in response to 15 amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. The regulations were reviewed by comparison to the equivalent NRC

regulations in 10 CFR Parts 19, 20, 30, 34, 35, 40, 61, 71, and 150. We also discussed our

review of the regulations with you on January 25 and January 31, 2002.

As a result of our review, we have seven comments that apply to adequacy and compatibility

and seven editorial items that have been identified in the enclosures. We also noted that one

comment from our June 8, 2001 letter was not addressed; this comment is also included. 

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

health and safety. The comments stated in this letter may be addressed by the State in a future

scheduled amendment of it regulations. 

Several of the new comments stem from editorial errors. Due to the error location, in Category

A and B items, the editorial errors take on a greater significance because they may impact the

essential objectives of the Tennessee regulation. We suggest the State would benefit from a

more thorough technical editorial review of these regulations. 

The SRS Data Sheet summarizes our knowledge of the status of other Tennessee regulations. 

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

STP Web Site: http://www.hsrd.ornl.gov/nrc/rulemaking.htm.

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

any of the NRC regulations used in the review, please contact me or Richard Woodruff of

Region II at 404-562-4704 or RLW@NRC.GOV.

Sincerely,

/RA/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Lawrence E. Nanney 2 February 1, 2002

Distribution:

DIR RF (2-15) DCD (SP06) PDR (YES_)

SDroggitis

BUsilton

LBolling, ASPO

TN File Response to Incoming Document: ML020320229

DOCUMENT NAME: G:\JGZ\tennesse\(2-15).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 RII:RSAO STP OGC STP:DD

NAME DWoodruff:kk JGZabko STreby JPiccone

DATE 01/24/02 01/30/02 1/30/02 02/01/02

ML020360223 STP-AG-26
COMMENTS ON PROPOSED TENNESSE REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

Category RATS

ID

Subject and Comments

1200-2-4-

.04(1)(eee)(1)(i)

71.4 B 1996-1 Definition: Surface Contaminated Object

TN regulation reads ì10 microcuries... per

cm2

 for all other alpha emitters.î This value

should be 10-5 microcuries/cm2

.

1200-2-5-.32(35) 20.1003 A Definition: High Radiation Area

In determining what areas are high radiation

areas, NRC requires consideration of the

effect radiation levels from sources external

to the body have upon individuals entering

the area. The TN regulation does not

include the ìsources external to the bodyî

limitation, and is therefore more restrictive. 

The phrase ìfrom sources external to the

bodyî should be added after the phrase

ìradiation levelsî so that the TN regulation is

essentially identical to 10 CFR 20.1003.

1200-2-5-.60(1)(a) 20.1301(a) A Dose Limits for Individual Members of the

Public

When calculating the total effective dose

equivalent to an individual member of the

public, the licensee should not consider

dose contributions from exposures to

individuals administered radioactive material

and released. TN fails to reference this

exclusion.

The phrase ìfrom exposure to individuals

administered radioactive material and

releasedî should be added to the list of

excluded dose contributions so that the TN

regulation is essentially identical to 10 CFR

20.1301(a).
1200-2-8-.05(4)(5) 34.42 (a) 2&3 C 1998-4 Radiation Safety Officer for Industrial

Radiography

TN regulation includes no special

requirements for the training or qualification

of an RSO. 

10 CFR 34.42 requires that, in addition to

radiographer training, an RSO have 2000

hours of hands-on experience and formal

training in the establishment and

maintenance of a radiation protection

program. The essential objectives of this

section include ensuring that specially

qualified and trained professionals be

responsible for oversight of industrial

radiography operations.

TN should adopt the training and testing

requirements in 34.42 to achieve

compatibility. 

1200-2-10-.30-

(12)(a)(2)

71.88 B 1996-1 Air Transport of Plutonium

TN regulation incorrectly lists a limit of

0.002 mCi/g instead of 0.002 Ci/g. 

1200-2-10-.37;

Schedule 10-6,

Table A-1

Pt. 71 App. A B 1996-1 Determination of A1 and A2

The TN regulation contains the following

errors:

Cm-247: A2 (Ci) reads 5.41 x 1023;

 Should read 5.41 x 10-3

Gd-148: A2 (Tbq) reads 3 x 1024;

 Should read 3 x 10-4

Kr-81: Specific Activity (Ci/g) reads 

 2.1 x 1022; should read 2.1 x 10-2

Ra-228: A2 is illegible; should read 4 x 10-2

1200-2-10-.37;

Schedule 10-6,

Table A-3

Pt. 71 App. A B 1996-1 Activity-mass Relationships for Uranium

The TN regulation incorrectly lists the

Specific Activity in Tbq/g for 5.0, 10.0, 20.0,

35.0, and 50.0 Uranium Enrichment wt % U235 present. The scientific notation for

these figures should read 10-7, not 10-8.
Comment from the NRC June 8, 2001 Letter

State

Regulation

NRC

Regulation

RATS

ID

Category Subject and Comments

1200-2-8 34.42(a) 1998-4 C There is no equivalent provision for

ìRadiation Safety Officer for Industrial

Officer.î The essential objectives of 

paragraph 34.42(a) are omitted. 

This paragraph should be adopted to

meet the compatibility category.

Editorial Comments

1. Rule 1200-2-5-.125(1)(a) contains an incorrect cross-reference to 1200-2-10-.161. This

reference should be to 1200-2-5-.161.

2. Schedule RHS 8-33 defines ìsource materialî by reference to 1200-2-4-.04(1)(mm). 

This reference should be to 1200-2-5-.32.

3. Rule 1200-2-8-.05(3)(a)(3) incorrectly refers to ìNCLAPî instead of ìNVLAPî.

4. Rule 1200-2-10-.13(10)(b)(1) contains a reference to 1200-2-4-.04(o). This cite does

not exist in the TN regulations. The Rule should refer to the proper cite for the definition

of ìmedical use,î (see 10 CFR 35.2) which is Category C for compatibility purposes.

5. Rule 1200-2-10-.30(13) contains a reference to 1200-2-5-.115(a). This reference

should be to 1200-2-5-.115(a) and (b) to match the corresponding CFR reference to the

requirements of 20.1906(e).

6. Rule 1200-2-10-.37, Schedule 10-6 should be edited so that the values for Specific

Activity, expressed in Ci/g, are clearly listed in the proper row for Re (natural); 

U (enriched 5% or less), U (enriched more than 5%), and U (depleted).

7. 1200-2-10-.30(10)(b) - The requirement imposed by subparagraph (b) bears no

relationship to the rest of the paragraph and should be deleted.
STATE REGULATION STATUS

State: TENNESSEE[15 amendments reviewed are identified by a  Tracking Ticket Nuat the beginning of each equivalent NRC regulation.] Date: February 1, 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (

/ Final (F)1

Rule / ML #

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 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30,35

57 FR 45566; (none) 1992-2 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA StandardsPart 40 59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F

ML0203202

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 FML0203202
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (

/ Final (F)1

Rule / ML #

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F

ML0203202

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F

ML0203202

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML0203202

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F

ML0203202

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 F

ML0203202

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20,30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML0203202

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F

ML0203202

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F

ML0203202

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 F

ML0203202

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F

ML0203202

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML0203202
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (

/ Final (F)1

Rule / ML #

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means ìYes,î there are comments in the review letter that the State needs to address. 

N means ìNo,î 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: ìFinal 

Adequacy and Compatibility of Agreement State Programs,î III.1. Time Frame for Adoption of Compatible State Regulations, p1995.

5. ADAMS ML Number

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F

ML0203202

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F

ML0203202

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 ByproductMaterial to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55525

(2/2/03)

1999-3

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

65 FR 20337; (5/17/03) 2000-1

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2