July 11, 2005

Thomas A. Conley, CHP, Chief

Radiation and Asbestos Control Section

Dept. of Health and Environment

Bureau of Air and Radiation

1000 SW Jackson, Suite 310

Topeka, KS 66612-1366

Dear Mr. Conley:

We have reviewed the proposed changes to the Kansas regulations, Part 10, “Instructions and

Reports to Workers: Inspections”, and Part 11, “Wireline and Subsurface Tracer Studies”

received by our office on May 10, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19 and 39 and the

requirements of the one amendment identified in the enclosed State Regulation Status (SRS)

Data Sheet. We discussed our review of the regulations with Mr. David Whitfill on June 13, 2005.

As a result of our review, we have two comments that have 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 the Kansas regulations meet the

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

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

your proposed regulations were adopted, incorporating our comments and without other

significant changes, 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 us for review. As requested in STP

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Kansas 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

at (301) 415-2327 or by e-mail at LAB@NRC.GOV.

Sincerely,

\RA By KNSchneider for\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
July 11, 2005

Thomas A. Conley, CHP, Chief

Radiation and Asbestos Control Section

Dept. of Health and Environment

Bureau of Air and Radiation

1000 SW Jackson, Suite 310

Topeka, KS 66612-1366

Dear Mr. Conley:

We have reviewed the proposed changes to the Kansas regulations, Part 10, “Instructions and

Reports to Workers: Inspections”, and Part 11, “Wireline and Subsurface Tracer Studies” received

by our office on May 10, 2005. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19 and 39 and the requirements of

the one amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with Mr. David Whitfill on June 13, 2005.

As a result of our review, we have two comments that have 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 the Kansas regulations meet the

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

based on a review of the final Kansas regulations. However, we have determined that if your

proposed regulations were adopted, incorporating our comments and without other significant

changes, 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 us for review. As requested in STP

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final changes

and provide a copy to STP.

The SRS Data Sheet summarizes our knowledge of the status of other Kansas 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

at (301) 415-2327 or by e-mail at LAB@NRC.GOV.

Sincerely,

\RA By KNSchneider for\

 Dennis Rathbun, Deputy Director

 Office of State and Tribal Programs

Enclosures: As stated

SISP Review Complete

 : Publicly Available 9 Non-Publicly Available

Distribution: : Non-Sensitive 9 Sensitive

DIR RF[5-134] DCD (SP08) PDR (YES_T) Response to Incoming Document: ML051320286

VCampbell , RSAO JZabko, ASPO BUsilton Kansas File Document

DOCUMENT NAME: E:\Filenet\ML051940450.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 LBolling WRautzen STreby DRathbun

DATE 6/22/05* 6/22/05* 6/30/05* 7/11/05*

ML051940450 OFFICIAL RECORD COPY
COMMENTS ON PROPOSED KANSAS REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 28-35-342(a) 10 CFR

39.15(a)(2)

2000-1 C AGREEMENT WITH WELL OWNER

OR OPERATOR

Kansas has omitted requirements for

proper sealed source recovery in

paragraph 10 CFR 39.15(a)(2), 

Kansas needs to add this paragraph

to 28-35-342(a) to meet the

Compatibility Category C designation

assigned to Section 10 CFR 39.15.

2 28-35-349(f) 10 CFR 39.41 2000-1 B DESIGNS AND PERFORMANCE

CRITERIA FOR SOURCES

Kansas omitted energy compensation

sources in the exemptions in 10 CFR

39.41.

Kansas needs to add energy

compensation sources to the

exemptions in 28-35-349(f) to meet

the Compatibility Category B

designation assigned to Section 10

CFR 39.41.
STATE REGULATION STATUS

State: Kansas Tracki(One amendment reviewed are identified by a i Date: 

 at the beginning of each equivalent NRC regulation.)

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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 

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 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4Quality 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 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

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

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

(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2Timeliness 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 65243;60 FR 322; (1/1/98)

1995-1

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Medical 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 Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1

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) 1997-1Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan 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) 1997-3Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

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

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) 1997-7Deliberate 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 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

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) 1999-1Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 
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 the regulation. See: “Final Policy Statement o

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number.6. The Final State Regulation (Effective Date) of some regulations may be the date of adoption with the effective date occurring 31 days after adop

Kansas statute.

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524;

(2/2/03)

1999-3

i Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 P

ML051320

New 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 1629; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (10/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility with IAEA Transportation Safety Standards and Other Transportation SafetyAmendments - Part 71

69 FR 3697; (10/01/07) 2004-1

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2