August 31, 2006

Ms. Cynthia C. Cardwell, Manager

Radiation Policy, Standards, and Quality Assurance Group

Bureau of Radiation Control

Department of State Health Services

1100 West 49th Street

Austin, TX 78756-3189

Dear Ms. Cardwell:

By letter dated August 12, 2005, we sent you the results of our review of the final changes to

the Texas regulations which were submitted to the NRC by letter dated May 27, 2005. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Parts 30, 31, and 32, and the requirements of the General License (GL)

amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. The review

we conducted omitted a specific review of Sections 10 CFR Parts 31.5 and 31.6. The text of

these sections was not revised by the GL amendment, but the compatibility designations were

changed from Compatibility Categories C and D respectively, to Category B. 

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to review Agreement State GL Device proposed and final rules but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule.

For Agreement States without a GL Device rule or a GL Device rule less restrictive than the

NRC rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

We discussed our review of the GL Amendment with you on August 21, 2006. Although we

had no comments for the 2001-1 amendment stated in the August 12, 2005 letter, as a result of

our re-review against the Compatibility Category B designation, we have eight comments that

have been identified in the enclosure. Comments 1 and 2 indicate that the State’s regulations

are more restrictive than the NRC’s regulations, and there is no corrective action required for

this comment at this point. However, Comments 3 to 8 indicate that the State’s regulations are

less restrictive than the NRC’s regulations, and they need to be addressed in the State’s future

rulemaking process. We request that when a final amended version of Texas regulations is

adopted and published in response to our comments, that 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 note that we have limited our review to regulations required for compatibility and/or

health and safety. The SRS Data Sheet summarizes our knowledge of the status of other

Texas 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.hsrd.ornl.gov/nrc/rulemaking.htm.
Cynthia C. Cardwell -2- August 31, 2006

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 Ms. Monica

Orendi at (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

CC: Richard Ratliff A., PE, LMP

 Radiation Program Officer
Cynthia C. Cardwell -2- August 31, 2006

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 Ms. Monica

Orendi (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

cc: Richard Ratliff A., PE, LMP

 Radiation Program Officer

Distribution: SUNSI Review Complete

DIR RF(6-16) DCD (SP0 ) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document: ML032930364

AMcCraw, RSAO , DSollenberger ASPO WRautzen BUsilton Texas File

Document Name:E:\Filenet\ML062410004.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 OGC STP:D

NAME SLai STreby KNSchneider for DKRathbun

DATE 7/11/05* 7/20/05* 8/31/05*

ML062410004 OFFICIAL RECORD COPY MLPkg.062410005
COMMENTS ON PROPOSED TEXAS REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 289.251(f)(4)(H)(iv)(I

I)(b)

§31.5(c)(2) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas has an additional requirement

that each source has to be tested for

leakage within six months prior to

being used or transferred. 

Texas’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

petition and State of Florida’s request

on compatibility changes for the GL

rule.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

2 289.251(f)(4)(H)(iv)

(IV)

§31.5(c)(4) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas has extra requirements that

the test records shall identify the

device tested by manufacturer, model

and serial number of the device,

serial number of the sealed source.

Texas’s rule has the essential

elements of the NRC, but is more

restrictive than the NRC’s GL rule. 

As noted in the September 28, 2005

All Agreement States Letter STP-05-

072, the determination on this

provision will be held in abeyance

until such time that the NRC

completes its review and response to

the Organization of Agreement State

petition and State of Florida’s request

on compatibility changes for the GL

rule.

3 289.251(f)(4)(H)(iv)

(VII)

§31.5(c)(5) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas has 1.85 becquerels which is

not equal to 0.005 microCi. 

Texas needs to correct this unit

conversion error (i.e. change the

number “1.85" to “185") in

289.251(f)(4)(H)(iv)(VII) to meet the

Compatibility Category B designation

assigned to 10 CFR 31.5(c)(5).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 N/A §31.5(c)(7) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas has omitted the provision of 10

CFR 31.5(c)(7) regarding the export

of the device containing byproduct

material. Omitting this provision also

caused a missing reference to 10

CFR 31.5(c)(7) in

289.251(f)(4)(H)(v)(IX).

Texas needs to adopt the provision

and add the equivalent reference to

meet the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(7) and 10 CFR 31.5(c)(8). 

5 289.251(f)(4)(H)(iv)(

X)

31.5(c)(8)(ii) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas has omitted the phrase “or

export” in 289.251(f)(4)(H)(iv)(X). 

Texas needs to add the phrase to

meet the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(8)(ii). 

6 N/A §31.5(c)(10) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas has omitted the provision of 10

CFR 31.5(c)(10) regarding the

reporting of radiation incidents, theft

or loss of licensed material. 

Texas needs to add the provision to

meet the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(10). 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

7 N/A §31.5(c)(11) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas has omitted the provision of 10

CFR 31.5(c)(11) regarding general

license response to information

requests within 30 calendar days. 

Texas needs to add the provision to

meet the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(10). 

8 289.251(g)(1) §31.5(c)(13)(ii) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Texas omitted the annually

registration requirement of these

devices stated in 10 CFR

31.5(c)(13)(ii). 

Texas needs to add the requirement

to 289.251(g)(1) to meed the

Compatibility Category B designation

assigned to 10 CFR 31.5(c)(13)(ii).
STATE REGULATION STATUS

State: Texas(# amendments reviewed identified by a i Trackinat the beginning of the equivalent NRC requirement.) Date: 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) ML #5

NRC Review Y, N2 / Date /

ML #5

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F

ML051520266

N 10/31/05ML053050013

ASNT 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 F

ML052060129

N 9/29/05ML052720491

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1⁄27/95) 1992-1 Eliminating 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 F 

ML052060129

Y 9/29/05ML052720491

 Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F

ML051520266

N 8/12/05ML052280032

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 toEPA 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) 1994-3 F

ML052060129

N 9/29/05 

Preparation, Transfer for Commercial Distribution, and Use ofByproduct Material 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 F

ML051520266

N 10/31/05

ML053050013

Low-Level Waste Shipment Manifest Information and Reporting-Parts

20, 61

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

1995-3 F

ML051520266

Y 10/31/05ML053050013
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) ML #5

NRC Review Y, N2 / Date /

ML #5

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

ML051520266

N 10/31/05ML053050013

Radiation Protection Requirements: Amended Definitions andCriteria-Parts 19, 20 

60 FR 36038; (8/14/98) 1995-5 F N

3/17/99

 Clarification of Decommissioning Funding Requirements-Parts 30,40, 70

60 FR 38235; (11/24/98) 1995-6 F

ML052060129

N 9/29/05ML052720491

Medical Administration of Radiation and Radioactive Materials-Parts20, 35

60 FR 48623; (10/20/98) 1995-7 F

ML051520266

N 10/31/05ML053050013

 10 CFR Part 71: Compatibility with the International Atomic EnergyAgency-Part 71

60 FR 50248; 61 FR 28724(4/1/99)

1996-1 F

ML052060129

Y 9/29/05ML052720491

One Time Extension of Certain Byproduct, Source and SpecialNuclear Materials 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 RadioactiveMaterial-Parts 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 SafetyRequirements for Industrial 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 OneMicrocurie of Carbon-14 Urea-Part 30 

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

ML052060129

N 9/29/05ML052720491

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71,150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) ML #5

NRC Review Y, N2 / Date /

ML #5

Self-Guarantee of Decommissioning Funding by Nonprofit and NonBond-Issuing 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 SafetyRequirements for Industrial Radiographic Operations-Part 34

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

ML051520266

Y 10/31/05ML053050013

Minor Corrections, Clarifying Changes, and a Minor Policy ChangeParts 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 F

ML051520266

Y 8/12/05ML052280032

Requirements for Those Who Possess Certain Industrial DevicesContaining Byproduct Material to Provide Requested Information-Part31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal ExposurePart 20 64 FR 54543; 64 FR 55524 (2/2/03) 1999-3Energy Compensation Sources for Well Logging and OtherRegulatory Clarifications-Part 39

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

ML051520266

Y 8/12/05ML052280032

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

ML051520266

N 8/12/05ML052280032

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

65 FR 79162; (2/16/04) 2001-1 F7

ML051520266

Y 8/31/2006ML062410004

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) 2003-1Compatibility with IAEA Transportation Safety Standards and Other 69 FR 3697; (10/01/07) 2004-1
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) 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 Polic

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

5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 days to 

requirements satisfying the requirements of NRC Order EA-05-090.

7. A re-review was completed on this item due to the change in compatibility category of 31.5 and 31.6. More information can be fou

Agreement States letter STP 05-072.

Transportation SafetyAmendments - Part 71Security Requirements for Portable Gauges Containing ByproductMaterial - Part 30

70 FR 2001; (7/11/08) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards -Part 35

70 FR 16336; 71 FR 1926(4/29/08)

2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRCOrder EA-05-090)6

70 FR 72128; (12/1/05) 2005-3 LC

ML052240226

N 12/12/05ML053420404

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1