December 1, 2003 

Mr. Lawrence E. Nanney, Director

Division of Radiological Health

L & C Anne, Third Floor

401 Church Street

Nashville, TN 37243-1532

Dear Mr. Nanney: 

We have reviewed the proposed revisions to the Tennessee “State Regulations for Protection

Against Radiation” received by our office on October 22, 2003. Our review and comments are

in response to the State’s request for Nuclear Regulatory Commission (NRC) evaluation of the

changes to Tennessee’s radiation control rules that incorporated the amendments identified on

the States Regulation Status Data Sheet (SRS). These regulations were reviewed by

comparison to the equivalent NRC rules in 10 CFR Parts 20, 34, 35 and 36 and the

requirements of the 5 amendments identified in the enclosed SRS. We discussed our review of

the regulations with Debra Shults on November 10, 2003.

As a result of our review, we have four comments. 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. Please

provide a final amended version of your rules showing the location of any changes made in

response to our comments. If there are any comments which the State believes are in error,

the State should identify the section of their regulations that meet the designated compatibility

category. Please note that we have limited our review to regulations required for compatibility

and/or health and safety, but have determined that if these regulations are adopted,

incorporating our comments and without significant change, they would meet the compatibility

and health and safety categories established in the Office of State and Tribal Programs (STP)

Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Tennessee 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 STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

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 Lloyd

Bolling of my staff at (301) 415-2327 or LAB@NRC.GOV. 

Sincerely,

/RA By KX Schneider for/

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Mr. Lawrence E. Nanney, Director

Division of Radiological Health

L & C Anne, Third Floor

401 Church Street

Nashville, TN 37243-1532

Dear Mr. Nanney:

We have reviewed the proposed revisions to the Tennessee “State Regulations for Protection

Against Radiation” received by our office on October 22, 2003. Our review and comments are

in response to the State’s request for Nuclear Regulatory Commission (NRC) evaluation of the

changes to Tennessee’s radiation control rules that incorporated the amendments identified on

the States Regulation Status Data Sheet (SRS). These regulations were reviewed by

comparison to the equivalent NRC rules in 10 CFR Parts 20, 34, 35 and 36 and the

requirements of the 5 amendments identified in the enclosed SRS. We discussed our review of

the regulations with Debra Shults on November 10, 2003.

As a result of our review, we have four comments. 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. Please

provide a final amended version of your rules showing the location of any changes made in

response to our comments. If there are any comments which the State believes are in error,

the State should identify the section of their regulations that meet the designated compatibility

category. Please note that we have limited our review to regulations required for compatibility

and/or health and safety, but have determined that if these regulations are adopted,

incorporating our comments and without significant change, they would meet the compatibility

and health and safety categories established in the Office of State and Tribal Programs (STP)

Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Tennessee 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 STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

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 Lloyd

Bolling of my staff at (301) 415-2327 or LAB@NRC.GOV. 

Sincerely,

/RA By KX Schneider for/

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [3-243] DCD (SP07) PDR (YES_)

LRakovan, ASPO Tennessee File Response to Incoming Document: ML033010588

DOCUMENT NAME: C:\MyFiles\Copies\3-243.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 STP STP OGC STP:DD

NAME LABolling JZabko STreby KSchneider for

JPiccone

DATE 11/10/03* 11/13/03* 12/01/03* 12/01/03*

ML033360370 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON 

TENNESSEE FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 1200-2-5-.32(72) 20.1003 1998-5 A Definitions: “Very High Radiation

Area”

Add “or 1 meter” between “radiation

or” and “from any”

The State needs to include this

definition to meet compatibilitly

2 1200-2-5-.56(4) 20.1208 1998-5 A Dose Equivalent to an

Embryo/Fetus

Text and radiation units not

equivalent. State should use NRC

rule text.

The State needs to include these

requirements to meet compatibility

3 1200-2-5-.71(1)(a)(2) 20.1502 1998-5 H&S Conditions Requiring Individual

Monitoring of External and Internal

Occupational Dose.

Text and radiation units not

equivalent. State should use NRC

rule text.

The State needs to incorporate the

NRC rule text to include these

requirements to meet compatibility

4 1200-2-5-.94 20.1705 1999-3 B Application for use of higher

assigned protection factors:

This section is not included in the

State’s regulations.

The State needs to incorporate this

section in its’ regulations in order to

meet compatibility
STATE REGULATION STATUS

State: TENNESSEE[Five Amendments reviewed are identified by a  Tracking Ticket Number: at the beginning of each equivalent NRC regulation.] Date: DECEMBER 1, 2

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)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's InstructionsParts 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 Standards-Part 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 for MedicalUse-Parts 30, 32, 35

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

1995-1 F

ML020320

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F

ML020320

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

(3/1/98)

1995-3 F

ML020320
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

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

ML020320

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

ML020320

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

ML020320

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 F

ML020320

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 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 Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML020320Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 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 F

ML020320

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

ML020320

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

62 FR 28947; (6/27/00) 1997-5 F

ML020320

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML020320Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML020320

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 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

ML020320
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

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 

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

5. ADAMS ML Number

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) 1998-6Radiological 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 55524

(2/2/03)

1999-3

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2Requirements 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) 2002-1Medical Use of Byproduct Material - Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1