March 25, 2004

Mr. Lawrence E. Nanney, Director

Division of Radiological Health

Department of Environment and Conservation

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 February 19, 2004. 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, 30, 31, and 32 and the

requirements of the 3 amendments identified in the enclosed SRS. We discussed our review of

the regulations with Barbara Davis on March 25, 2004.

As a result of our review, we have two comments and two editorial suggestions. 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

Tennessee 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 

Dr. Stephen Salomon of my staff at (301) 415-2368 or SNS@NRC.GOV. 

Sincerely,

\RA By K.N. Schneider for\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
March 25, 2004

Mr. Lawrence E. Nanney, Director

Division of Radiological Health

Department of Environment and Conservation

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 February 19, 2004. 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, 30, 31, and 32 and the

requirements of the 3 amendments identified in the enclosed SRS. We discussed our review of

the regulations with Barbara Davis on March 25,2004.

As a result of our review, we have two comments and two editorial suggestions. 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

Tennessee 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 

Dr. Stephen Salomon of my staff at (301) 415-2368 or SNS@NRC.GOV. 

Sincerely,

\RA By K.N. Schneider for\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [4-37] DCD (SP07) PDR (YES_T) LRakovan, ASPO

DWhite RSAO Response to Incoming Document: ML040540516 Tennessee File

DOCUMENT NAME: E:\Filenet\ML040850212.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 SNSalomon JZabko STreby KNS for JPiccone

DATE 3/09/04* 3/09/04* 3/23/04* 3/25/04*

ML040850212 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON 

TENNESSEE FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 1200-2-5-.32(64) 20.1003 2002-1 A Definition: “Shallow-dose

equivalent (Hs)”

The phase, “averaged over an area of

1 square centimeter,” was not

deleted. The deletion in the previous

definition was one of the purposes of

the new regulation.

The State needs to delete this phrase

in the definition to meet compatibility.

2 None 31.5(c)

(13)

2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

The State omitted paragraph

31.5(c)(13)(F)(iv) concerning 180 day

reciprocity.

 The State needs to include this

provision to meet compatibility.
Editorial Suggestions

1. In 1200–2-10-.10(2)(c)13.(iii), paragraph (iii) in the State regulation is mislabeled. It should

read (ii). 

2. In 1200-2-10-.16(7) on p. 69, The reference to (b) should be (c) to read:1200-2-10-

.10(2)(c)14.
STATE REGULATION STATUS

State: TENNESSEE[Three Amendments reviewed are identified by a i Tracking Ticket Number: 

at the beginning of each equivalent NRC regulation.] Date: MARCH 25, 2004

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 

iTimeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 P 2/13/04

ML040540

Preparation, 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 Withinan 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 Polic

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995.

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) 2000-2iRequirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P 2/13/04

ML040540

iRevision of the Skin Dose Limit - Part 20 67 FR 16298; (4/5/05) 2002-1 P 2/13/04

ML040540

Medical 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