July 11, 2005

Thomas A. Conley, CHP,RRPT, Chief

Radiation and Asbestos Control Section

Department 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 in Parts 6, 12, and

supporting information in Part 1, received by our office on June 8, 2005. These regulations

were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in

10 CFR Parts 35 and 36 and the requirements of the four amendments identified in the

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with you on June 14, 2005.

As a result of our review, we have six 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 Mr. Andrew

N. Mauer at (301) 415-3962 or by e-mail at anm@nrc.gov.

Sincerely,

\RA By KNSchneider for\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
July 11, 2005

Thomas A. Conley, CHP,RRPT, Chief

Radiation and Asbestos Control Section

Department 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 in Parts 6, 12, and

supporting information in Part 1, received by our office on June 8, 2005. These regulations

were reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in

10 CFR Parts 35 and 36 and the requirements of the four amendments identified in the

enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with you on June 14, 2005.

As a result of our review, we have six 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 Mr. Andrew

N. Mauer at (301) 415-3962 or by e-mail at anm@nrc.gov.

Sincerely,

\RA By KNSchneider for\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution: SISP Review Complete

DIR RF( 5-157 ) DCD (SP0 ) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document:

VCampbell, RSAO JZabko, ASPO WRautzen BUsilton Kansas File Response to Incoming Document:ML051580285

Document Name:E:\Filenet\ML051940432.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 AMauer WRautzen STreby KNSchneider for 

DKRathbun

DATE 06/21/05* 06/21/05* 06/30/05* 07/11/05*

ML051940432 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON KANSAS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 Part 1

28-35-135a

35.2 2002-2 B Definitions - Authorized Medical

Physicist

Kansas has omitted requirements for

the definition of authorized medical

physicist in their regulations.

Kansas needs to add the definition to

Part 1, Section 28-35-135a to meet

the Compatibility B designation

assigned to Section 10 CFR 35.2. 

2 Part 1

28-35-135a

35.2 2002-2 B Definitions - Authorized Nuclear

Pharmacist

Kansas has omitted requirements for

the definition of authorized nuclear

pharmacist in their regulations.

Kansas needs to add the definition to

Part 1, Section 28-35-135a to meet

the Compatibility B designation

assigned to Section 10 CFR 35.2. 

3 Part 1

28-35-135a

35.2 2002-2 B Definitions - Authorized User

Kansas did not identify the

requirements needed to qualify as an

authorized user in the proposed

definition.

Kansas needs to add the

requirements needed to qualify as an

authorized user to Part 1, Section 28-

35-135a to meet the Compatibility B

designation assigned to Section 10

CFR 35.2. 

4 Part 1

28-35-135p

35.2 2002-2 C Definitions - Prescribed Dose

Kansas omitted the requirement

concerning remote brachytherapy

afterloaders.

Kansas needs to add the portion of

the definition concerning remote

brachytherapy afterloaders to Part 1,

Section 28-35-135p to meet the

Compatibility C designation assigned

to Section 10 CFR 35.2.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 Part 1

28-35-135r

35.2 2002-2 B Definitions - Radiation Safety

Officer

Kansas used the definition provided

in 10 CFR Part 36 which is assigned

a Compatibility ‘D.’ In order to satisfy

the essentially identical requirement

of 10 CFR Part 35.2, the State must

include the requirements to qualify as

a radiation safety officer and include

where the radiation safety officer is

identified (e.g. State license).

Kansas needs to add the definition to

Part 1, Section 28-35-135r to meet

the Compatibility B designation

assigned to Section 10 CFR 35.2. 

6 Part 12

28-35-375

36.1 1993-2 Cparagraphs

(b) & (c)

Purpose & Scope

Kansas has omitted requirements for

the purpose and scope in their

regulations.

 

Kansas needs to add the purpose

and scope to Part 12, Section 28-35-

175 to meet the Compatibility C

designation assigned to Section 10

CFR 36.1. 
STATE REGULATION STATUS

State: Kansas Tracking Ticket (Four amendments reviewed are identified by a i Date: July 11, 2 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 

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

ML051580

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) 1995-6Medical 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
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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 

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

ML051580
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.

Requirements 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) 2002-1i Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (10/24/05) 2002-2 P

ML051580

Financial 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) 2005-1i Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2 P

ML051580