April 23, 2007

Mr. Thomas A. Conley, CHP, RRPT, Chief 

Radiation and Asbestos Control Radiation 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 Radiation Protection Regulations,

received by our office on March 23, 2007. We have also reviewed proposed changes to final

Kansas Radiation Protection Regulations you made to address the letter we sent to you dated

May 18, 2006. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 31, 32, 35, 39, 40 and the

requirements of the seven amendments identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulations with Isabelle Busenitz on April

20, 2007.

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

continue to hold in abeyance any determination on those rules and compatibility of 10 CFR

31.5 and 31.6, if the Agreement State has the essential elements of the NRC’s rule and is

more restrictive than the NRC’s rule. 

In our May 18, 2006 letter to you we had eight comments. Two of these comments pertained

to the GL Device rule. Comment 6 indicated that the State’s regulation is more restrictive than

the NRC’s regulation. Kansas took no action regarding this comment and there is currently no

corrective action required for this comment at this time. Until such time as a decision on the

petition for rulemaking, as discussed in STP-05-072, is reached, no corrective action will be

required for this comment. Comment 5 indicated that the State’s regulation is less restrictive

than the NRC’s regulation. Kansas addressed Comment 5 as well as Comments 1-4, 7, and 8

in the letter received by our office on May 23, 2007. All of these comments have been

resolved. 

As a result of the rest 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 change, they would meet the compatibility and health and safety

categories established in the Office of Federal and State Materials and Environmental

Management Programs (FSME) Procedure SA-200. 
Mr. Thomas A. Conley -2- April 23, 2007

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 FSME Procedure SA-201, “Review of State Regulatory Requirements,” please 

highlight the final changes, and provide a copy to Division of Materials Safety and State

Agreements, FSME (see letter FSME 06-94 dated October 6, 2006 for further information). 

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 FSME website: http://www.hsrd.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 Kathleen

Schneider, State Regulation Review Coordinator at 310-415-2320 (email: kxs@nrc.gov), or

William Rautzen at 301-415-7206 (e-mail: wrr@nrc.gov).

Sincerely,

\RA By S.W. Moore\

Scott W. Moore, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and

Environmental Management Programs 

Enclosures: 

As stated
Mr. Thomas A. Conley -2- April 23, 2007

highlight the final changes, and provide a copy to Division of Materials Safety and State

Agreements, FSME (see letter FSME 06-94 dated October 6, 2006 for further information). 

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 FSME website: http://www.hsrd.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 Kathleen

Schneider, State Regulation Review Coordinator at 310-415-2320 (email: kxs@nrc.gov), or

William Rautzen at 301-415-7206 (e-mail: wrr@nrc.gov).

Sincerely,

\RA By S.W. Moore\

Scott W. Moore, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and

Environmental Management Programs 

Enclosures: As stated

Distribution:

DIR RF (7-33) SUNSI Review Complete

DCD (SP08) : Publicly Available G Non-Publicly Available

RErickson, RSAO : Non-Sensitive G Sensitive

MOrendi, ASPO WRautzen [KS] File

DOCUMENT NAME: C:\FileNet\ML071140120.wpd ML of Incoming Document:ML070851184

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 SAISB SAISB SAISB OGC SAISB:BC MSSA:DD

NAME WRautzen MOrendi KSchneider FCameron DWhite SMoore

DATE 4/10/07* 4/10/07* 4/10/07* 4/20/07* 4/23/07* 4/23/07*

ML071140120 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON KANSAS PROPOSED REGULATIONS

STATE

SECTION

NRC SECTION RATS

ID

CATEGORY SUBJECT and COMMENTS

1 28-35-178b 31.5 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere 

The Kansas regulations require

registration of all general licenses,

rather than only those required by

10 CFR 31.5(c)(13)(iv). The Kansas

rule is more restrictive than the NRC

rule. 

Kansas’ 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

STP05-072, 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 on compatibility

changes for the GL rule.

Comment Stands from letter

dated May 18, 2006.

2 28-35-

135n(b)

32.2 2006-2 B Definitions-Nationally tracked

sources

Kansas omits the part of the

definition explaining the difference

between Category 1 and Category 2

nationally tracked sources from 28-

35-135n(b). 

Kansas needs to add the

explanation of the difference

between Category 1 and Category 2

nationally tracked sources to 28-35-

135n(b) to meet the Compatibility

Category B designation assigned to

10 CFR 32.2. 
STATE

SECTION

NRC SECTION RATS

ID

CATEGORY SUBJECT and COMMENTS

3 28-35-

230g(g)

and (h)

20.2207(g) 2006-3 B Reports of transactions involving

nationally tracked sources

Kansas omits the part of the

regulation explaining methods of

error detection from 28-35-230g(g). 

Kansas needs to add the methods

of error detection to 28-35-230g(g)

to meet the Compatibility Category B

designation assigned to 10 CFR

20.2207(g). 
STATE REGULATION STATUS

State: Kansas (7 Amendments reviewed are identified by a i Tracking T at the beginning of each equivalent NRC regulation.) Date: APR

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)1

Rule / LicenseCondition(LC) ML #5

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

ML060940

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 F

ML060940

Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR

61352; 57 FR 38588; 57FR 57877; 58 FR67657; 59 FR 41641; 60FR 20183; (1/1/94)

1991-3 F 

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

ML060940

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/7/95) 1992-1 Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-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 

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

ML060940

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)1

Rule / LicenseCondition(LC) ML #5

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 StandardsPart 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

ML060940

Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR65243; 60 FR 322;(1/1/98)

1995-1 F

ML060940

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part20 

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

ML060940

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR

25983; (3/1/98)

1995-3 F

ML060940

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

ML060940

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

ML060940

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F

ML060940
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)1

Rule / LicenseCondition(LC) ML #5

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F

ML060940

10 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 MaterialsLicenses-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

ML060940

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

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

ML060940

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

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

ML060940

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F

ML060940

Fissile 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 F

ML060940

iRadiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML070851

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14

Urea-Part 30 

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

ML060940
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)1

Rule / LicenseCondition(LC) ML #5

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 50, 52, 60, 61, 70, 71, 72 63 FR 1890; 63 FR

13773; (2/12/01)

1998-1 F

ML060940

Self-Guarantee of Decommissioning Funding by Nonprofit 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 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

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

ML060940

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR

45393; (10/26/01)

1998-5 F

ML060940

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F

ML060940

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to 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 LC

ML052510

’Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML070851
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)1

Rule / LicenseCondition(LC) ML #5

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

ML060940

iRequirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

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

ML070851

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

ML060940

iMedical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249;

(10/24/05)

2002-2 F

ML070851

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 F

ML060940

Compatibility with IAEA Transportation Safety Standards and Other TransportationSafetyAmendments - Part 71

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

ML060940

iSecurity Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 P

ML070851

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR

1926 (4/29/08)

2005-2 F

ML060940

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6 70 FR 72128; (12/1/05) 2005-3 LC

ML052650

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

(State Due Date)

RATS ID

Proposed / Final (F)1

Rule / LicenseCondition(LC) 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 the regulation. See: “Final Policy Statem

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 19

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 

Kansas statute.

iNational Source Tracking System - Serialization Requirements - Part 32 with referenceto Part 20 Appendix E

71 FR 65685 (2/6/07) 2006-2 P

ML070851

iNational Source Tracking System - Part 20 71 FR 65865 (11/15/07)

& (11/30/07)

2006-3 P

ML070851