July 12, 2005

Mr. Bernard Bevill, Work Unit Leader

4815 West Markham St.

Little Rock, Arkansas 72205-3867

Dear Mr. Bevill:

We have reviewed the proposed changes to the Arkansas Rules and Regulations for Control of

Sources of Ionizing Radiation, received by our office on June 10, 2005. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Parts 20, 31, 32, 34 and 35 and the requirements of the nine amendments identified in the

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

regulations with you on July 11, 2005.

As a result of our review, we have five 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 Arkansas 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 Arkansas regulations. However, we have determined that

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

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 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 Arkansas 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 Jenny

Tobin at (301)415-2328 or by e-mail at jct1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
July 12, 2005

Mr. Bernard Bevill, Work Unit Leader

4815 West Markham St.

Little Rock, Arkansas 72205-3867

Dear Mr. Bevill:

We have reviewed the proposed changes to the Arkansas Rules and Regulations for Control of

Sources of Ionizing Radiation, received by our office on June 10, 2005. These regulations were

reviewed by comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10

CFR Parts 20, 31, 32, 34 and 35 and the requirements of the nine amendments identified in the

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

regulations with you on July 11, 2005.

As a result of our review, we have five 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 Arkansas 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 Arkansas regulations. However, we have determined that

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

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 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 Arkansas 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 Jenny

Tobin at (301)415-2328 or by e-mail at jct1@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 G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-167] DCD (SP08) PDR(YES_T) Response to Incoming Document:ML051640435

VCampbell, RSAO AMauer, ASPO BUsilton Arkansas File 

Name:E:\Filenet\ML051940125.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 JTobin WRautzen STreby KSchneider for DRathbun

DATE 06/23/05* 06/23/05* 07/07/05* 07/12/05*

ML051940125 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON ARKANSAS PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 RH-2790 20.1705 1999-3 B Application for use of higher

assigned protection factors

Arkansas has omitted the

requirements of subpart (H). This

requirement addresses authorization

for the use of higher assigned

protection factors. 

Arkansas needs to add this

paragraph to Appendix E to meet the

Compatibility Category B designation

assigned to Section 10 CFR 20.1705.

2 RH-405e 32.51a(b)2-4 2001-1 B Same: Conditions of licenses.

Arkansas has omitted the

requirements of 10CFR 31.51a(b)(2-

4). This requirement addresses the

services of a specific licensee.

Arkansas needs to add this

paragraph to RH-405e to meet the

Compatibility Category B designation

assigned to Section 10 CFR

31.51a(b)(2-4).

3 RH-405 32.74 2002-2 B Manufacture and distribution of

sources or devices containing byproduct material for medical use

Arkansas has omitted requirements

for the manufacture and distribution

of sources or devices containing byproduct material for medical use.

Arkansas needs to adopt the

objectives to meet the Compatibility

Category B designation assigned to

Section 10 CFR 32.74.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 RH-8315 35.50 2002-2 B Training for Radiation Safety

Officer

Arkansas has omitted the

requirement of requiring work

experience in the area of radiation

dosimetry.

Arkansas needs to adopt this

requirement within RH-8315 to meet

the Compatibility Category B

designation assigned to Section 10

CFR 35.50.

5 RH-8660 35.690(E) and

(F)

2002-2 B Training for use of remote

afterloader units, teletherapy units,

and gamma stereotactic

radiosurgery units

Arkansas has omitted the

requirements 10 CFR 35.690(E) and

(F) for training for use of remote

afterloader units, teletherapy units,

and gamma stereotactic radiosurgery

units.

Arkansas needs to adopt these two

sections to meet the Compatibility

Category B designation assigned to

Section 10 CFR 35.690.
STATE REGULATION STATUS

State: Arkansas Tracking Ticket Number[9 proposed amendments reviewed are identified by a i Date: July 12, 2005.

at the beginning of each equivalent NRC regulation.] 

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed (P)

/ Final (F)1

Rule1 / ML #5

NRC ReY, N2 / D

ML #5

Standards for Protection Against Radiation-Part 20 56 FR 23360 56 FR 61352 57 FR

38588 57 FR 57877 58 FR 6765759 FR 41641 60 FR 20183(1/1/94)

1991-3 F

ML031270002

(N)04/30ML03122

Safety Requirements for Radiographic Equipment-Part34

55 FR 843(1/10/94)

1991-1 F

ML031270002

(N) 04/30ML03122

ASNT Certification of Radiographers-Part 34 56 FR 11504

(none)

1991-2 F

ML031270002

(N) 04/30ML03122

 Notification of Incidents-Parts 20, 30, 31, 34, 39, 40,70

56 FR 64980(10/15/94)

1991-4 F

ML031270002

(N) 04/30ML03122

 Quality Management Program andMisadministrations-Part 35

56 FR 34104(1/27/95)

1992-1 F

ML031270002

(N) 04/30ML03122

Eliminating the Recordkeeping Requirementsfor Departures from Manufacturer's Instructions-Parts30,35

57 FR 45566(none)

1992-2 

Licensing and Radiation Safety Requirements forIrradiators-Part 36

58 FR 7715(7/1/96)

1993-2 

 Definition of Land Disposal and Waste Site QAProgram-Part 61

58 FR 33886(7/22/96)

1993-3 F

ML031270002

(Y) 04/30ML03122

 Decommissioning Recordkeeping and LicenseTermination: Documentation Additions [Restrictedareas and spill sites]-Parts 30, 40 

58 FR 39628(10/25/96)

1993-1 F

ML031270002

(N) 04/30ML03122

Self-Guarantee as an Additional FinancialMechanism- Parts 30, 40, 70 

58 FR 6872659 FR 1618(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRCRequirements to EPA Standards-Part 40

59 FR 28220(7/1/97)

1994-2 

Timeliness in Decommissioning Material FacilitiesParts 30, 40, 70 59 FR 36026 (8/15/97) 1994-3 FML031270002 (N) 04/30

ML03122

Preparation, Transfer for Commercial Distribution, andUse of Byproduct Material for Medical Use-Parts 30,32, 35

59 FR 6176759 FR 6524360 FR 322(1/1/98)

1995-1 F

ML031270002

(Y) 04/30ML03122

Frequency of Medical Examinations for Use ofRespiratory Protection Equipment-Part 20 

60 FR 7900(3/13/98)

1995-2 F

ML031270002

(N ) 04/3ML03122
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed (P)

/ Final (F)1

Rule1 / ML #5

NRC ReY, N2 / D

ML #5

Low-Level Waste Shipment Manifest Information andReporting-Parts 20, 61

60 FR 1564960 FR 25983(3/1/98)

1995-3 F

ML031270002

(N) 04/30ML03122

Performance Requirements for RadiographyEquipment- Part 34

60 FR 28323(6/30/98)

1995-4 F

ML031270002

(N) 04/30ML03122

Radiation Protection Requirements: AmendedDefinitions and Criteria-Parts 19, 20 

60 FR 36038(8/14/98)

1995-5 F

ML031270002

(Y) 04/30ML03122

Clarification of Decommissioning FundingRequirements-Parts 30, 40, 70

60 FR 38235(11/24/98)

1995-6 F

ML031270002

(N) 04/30ML03122

Medical Administration of Radiation and RadioactiveMaterials-Parts 20, 35

60 FR 48623(10/20/98)

1995-7 F

ML031270002

(N) 04/30ML03122

10 CFR Part 71: Compatibility with the InternationalAtomic Energy Agency-Part 71

60 FR 5024861 FR 28723(4/1/99)

1996-1 F

ML031270002

(Y) 04/30ML03122

One Time Extension of Certain Byproduct, Source andSpecial Nuclear Materials Licenses-Parts 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 F

ML031270002

(N) 04/30ML03122

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

61 FR 65120(1/9/00)

1997-1 F

ML031270002

(N) 04/30ML03122

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907

(none)

1997-4 

Recognition of Agreement State Licenses in AreasUnder Exclusive Federal Jurisdiction Within anAgreement State-Part 150

62 FR 1662(2/27/00)

1997-2 F

ML031270002

(N) 04/30ML03122

Criteria for the Release of Individuals AdministeredRadioactive Material-Parts 20, 35

62 FR 4120(5/29/00)

1997-3 F

ML031270002

(N) 04/30ML03122

Licenses for Industrial Radiography and RadiationSafety Requirements for Industrial RadiographyOperations-Parts 30, 34, 71, 150

62 FR 28948(6/27/00)

1997-5 F

ML031270002

(N) 04/30ML03122

Radiological Criteria for License TerminationParts 20, 30, 40, 70 62 FR 39058 (8/20/00) 1997-6 FML031270002 (N) 04/30

ML03122

Exempt Distribution of a Radioactive Drug ContainingOne Microcurie of Carbon-14 Urea-Part 30 

62 FR 63634(1/02/01)

1997-7 F

ML031270002

(N) 04/30ML03122

Deliberate Misconduct by Unlicensed Persons- Parts30, 40, 61, 70, 150

63 FR 189063 FR 13773(2/12/01)

1998-1 F

ML031270002

(N) 04/30ML03122
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed (P)

/ Final (F)1

Rule1 / ML #5

NRC ReY, N2 / D

ML #5

Self-Guarantee of Decommissioning Funding byNonprofit and Non-Bond-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 

iLicenses for Industrial Radiography and RadiationSafety Requirements for Industrial RadiographicOperations-Part 34

63 FR 37059(7/9/01)

1998-4 P

ML051640435

N 07/12/ML05194

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

63 FR 3947763 FR 45393(10/26/01)

1998-5 F 

ML031270002

(Y) 04/30ML03122

Transfer for Disposal and Manifests: Minor TechnicalConforming Amendment-Part 20

63 FR 50127(11/20/01)

1998-6 F

ML031270002

(Y)04/30ML03122

Radiological Criteria for License Termination ofUranium Recovery Facilities-Part 40

64 FR 17506(6/11/02)

1999-1 

Requirements for Those Who Possess CertainIndustrial Devices Containing Byproduct Material toProvide Requested Information-Part 31

64 FR 42269(none)

1999-2 

iRespiratory Protection and Controls to RestrictInternal Exposure - Part 20

64 FR 5454364 FR 55525(2/2/03)

1999-3 P

ML051640435

Y 07/12/0ML05194

iEnergy Compensation Sources for Well Logging andOther Regulatory Clarifications - Part 39

65 FR20337(5/17/03)

2000-1 P

ML051640435

N 07/12/ML05194

iNew Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 P

ML051640435

N 07/12/ML05194

iRequirements for Certain Generally LicensedIndustrial Devices Containing Byproduct MaterialParts 30, 31, 32

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

ML051640435

Y 07/12/0ML05194

iRevision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 P

ML051640435

N 07/12/ML05194

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

ML051640435

Y 07/12/0ML05194

iFinancial Assurance for Materials Licensees – Parts30, 40, 70 

68 FR 57327; (12/3/06) 2003-1 P

ML051640435

N 07/12/ML05194

Compatibility With IAEA Transportation SafetyStandards and Other Transportation SafetyAmendments – Part 71.

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

iSecurity Requirements for Portable GaugesContaining Byprodcut Material - Part 30

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

ML051640435

N 07/12/ML05194
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed (P)

/ Final (F)1

Rule1 / ML #5

NRC ReY, N2 / D

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 a State is not required to have this item for 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 Tracking number

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

70 FR 16336; (4/29/08)2005-2 2005-2