June 14, 2004

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:

We have reviewed the proposed changes to the Texas Regulations for Control of Radiation,

25 Texas Administrative Code, §289.202, “Standards for Protection Against Radiation from

Radioactive Materials”, received by our office on May 5, 2004 and with additional electronic

material arriving on May 12 and May 14, 2004. We have separated your request into two

reviews, the first, addressed here, is the NRC review of the Texas equivalent rule to the

respiratory amendment, RATS ID # 1993-3. The clearance of equipment for unrestricted use

and disposal of low-activity material issues will be addressed under separate cover. These

regulations were reviewed by comparison to the equivalent NRC rules in 10 CFR Part 20. We

discussed our review of the regulations with Ms. Cindy Cardwell, of your staff, on June 9, 2004.

As a result of our review, we have no comments. 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 these regulations are adopted 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. We request that when the proposed

regulations are adopted and published as final regulations, a copy of the “as published”

regulations be provided to the NRC for review. 

The SRS Data Sheet summarizes our knowledge of the status of other Texas 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 website: Http://www.hrsd.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 John Zabko of my staff at

301-415-2308 or JGZ@NRC.GOV.

Sincerely,

\RA By K.N. Schneider For\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure(s):

As stated
June 14, 2004

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:

We have reviewed the proposed changes to the Texas Regulations for Control of Radiation,

25 Texas Administrative Code, §289.2o2, “Standards for Protection Against Radiation from

Radioactive Materials”, received by our office on May 5, 2004 and with electronic material

arriving on May 12 and May 14, 2004. We have separated your request into two reviews, the

first addressed here is the NRC review of the Texas equivalent rule to the respiratory

amendment, RATS ID # 1993-3. The clearance of equipment for unrestricted use and disposal

of low-activity material issues will be addressed under separate cover. These regulations were

reviewed by comparison to the equivalent NRC rules in 10 CFR Part 20. We discussed our

review of the regulations with Ms. Cindy Cardwell, of your staff, on June 9, 2004.

As a result of our review, we have no comments. 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 these regulations are adopted 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. We request that when the proposed

regulations are adopted and published as final regulations, a copy of the “as published”

regulations be provided to the NRC for review. 

The SRS Data Sheet summarizes our knowledge of the status of other Texas 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 website: Http://www.hrsd.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 John Zabko of my staff at

301-415-2308 or JGZ@NRC.GOV.

Sincerely,

\RA By K.N. Schneider For\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure(s): As stated

Distribution:

DIR RF (4-118) DCD (SP08) PDR (YES_) VCampbell, RSAO

Busilton PLarkins, ASPO 

Texas File Response to Incoming Document: ML041330243

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML041670214.wpd

To receive a copy of this document, indicate in the box: “C” = Copy w/o attach/encl “E” = Copy w/ attach/encl “N” = No copy

OFFICE STP OGC STP:DD

NAME JZabko* STreby* JMPiccone*

DATE 5/24/04* 6/07/04 6/14/04

ML041670214 OFFICIAL RECORD COPY

STATE REGULATION STATUS

State: Texas[One amendment reviewed is identified Tracking Ticket by a  at the beginning of each equivalent NRC regulation] Date: June 14, 2

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

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 P Y 1/12/99ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 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

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) 1992-1Eliminating the Recordkeeping Requirements for Departures fromManufacturer’s Instructions-Parts 30, 35

57 FR 45566; (none) 1992-2 

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 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 EPAStandards-Part 40

59 FR 28220; (7/1/97) 1994-2 P N

11/21/97

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 ByproductMaterial for Medical Use-Parts 30, 32, 35

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

1995-1 F N

3/17/99

Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment-Part 20 

60 FR 7900; (3/13/98) 1995-2

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20,61

60 FR 15649; 60 FR 25983(3/1/98)

1995-3 P N

11/8/96
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

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P Y 1/22/99Radiation Protection Requirements: Amended Definitions and CriteriaParts 19, 20 60 FR 36038; (8/14/98) 1995-5 F N3/17/99

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P N 11/21/97Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-710 CFR Part 71: Compatibility with the International Atomic EnergyAgency-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 NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

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

61 FR 24669; (6/17/99) 1996-3 P (Part 30) N 11/8/96 

Resolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F N 7/7/00 

Recognition of Agreement State Licenses in Areas Under ExclusiveFederal Jurisdiction Within an Agreement State-Part 150

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

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 F N 7/7/00 Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F N 7/7/00 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F N 7/7/00 Exempt Distribution of a Radioactive Drug Containing One Microcurie ofCarbon-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-BondIssuing Licensees- 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 forIndustrial Radiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 P Y 1/12/99
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

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 Statem

Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 

5. ADAMS ML Number

Minor Corrections, Clarifying Changes, and a Minor PolicyChange-Parts 20, 35, 36

63 FR 39477; 63 FR 45393(10/26/01)

1998-5 F N 7/7/00 

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 F N 7/7/00 

Radiological Criteria for License Termination of Uranium RecoveryFacilities-Part 40

64 FR 17506; (6/11/02) 1999-1

Requirements for Those Who Possess Certain Industrial DevicesContaining Byproduct Material to Provide Requested InformationPart 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 PML041330243 N 6/14/04 ML041670214

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

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

PML023040140

Y 1/9/03ML030210400

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P 

ML023040140

N 1/9/03ML030210400

Requirements for Certain Generally Licensed Industrial DevicesContaining Byproduct Material - Parts 30, 31, 32

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

ML040640989

Y 4/02/04ML040930285

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; (10/24/05) 2002-2Financial Assurance for Materials Licensees 

– Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1