October 31, 2005

Ms. Cynthia C. Cardwell

Radiation Policy, Standards, and Quality Assurance Group

Policy, Standards, and Quality Assurance Unit

Department of State Health Services

1100 West 49th Street

Austin, TX 78756-3189

Dear Ms. Cardwell:

We have reviewed the final changes to the Texas Regulations for Control of Radiation, 25

Texas Administrative Code, 289.201, 289.202, 289.255, 289.256, and 289.257, received by our

office on September 15, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 34, 35, and 61,

and the requirements of the six amendments identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulations with you on October 27, 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. We have determined that if these regulations are revised, 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 you revise your regulations to address our comments, a copy of the “as

published” regulations be provided for us to review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements”, please highlight the location of any changes made

by Texas in response to our comments, and provide a copy to STP.

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.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 Sandra Lai

at (301) 415-4012 or by e-mail at SXL5@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
October 31, 2005

Ms. Cynthia C. Cardwell

Radiation Policy, Standards, and Quality Assurance Group

Policy, Standards, and Quality Assurance Unit

Department of State Health Services

1100 West 49th Street

Austin, TX 78756-3189

Dear Ms. Cardwell:

We have reviewed the final changes to the Texas Regulations for Control of Radiation, 25

Texas Administrative Code, 289.201, 289.202, 289.255, 289.256, and 289.257, received by our

office on September 15, 2005. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 34, 35, and 61,

and the requirements of the six amendments identified in the enclosed State Regulation Status

(SRS) Data Sheet. We discussed our review of the regulations with you on October 27, 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. We have determined that if these regulations are revised, 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 you revise your regulations to address our comments, a copy of the “as

published” regulations be provided for us to review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements”, please highlight the location of any changes made

by Texas in response to our comments, and provide a copy to STP.

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.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, Sandra Lai at

(301) 415-4012 or by e-mail at SXL5@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[5-263] DCD (SP05) PDR(YES_T) Response to Incoming ML051520266

VCambell, RSAO AMcCraw, ASPO BUsilton Texas File

Name E:\Filenet\ML053050013.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:DD

NAME SLai STreby DRathbun

DATE 10/ 20/05* 10/24/05 10/31/05

ML053050013 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON TEXAS FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 §289.257(s)(5)(

F)(v)

20 Appendix

G.I.B5

1995-3 B Transfer for disposal and

manifests

Appendix G only includes the

radionuclide activity of H-3, C-14, Tc99, and I-129 contained in the

shipment. However, in Texas’

§289.257(s)(5)(F)(v), they include not

only the above elements, but also

chlorine-36, nickel-63, strontium-90,

cesium-137 and any other isotopes

with a half-life greater than 35 years.

Texas should eliminate chlorine-36,

nickel-63, strontium-90, cesium-137,

and other isotopes with a half-life

greater than 35 years for the activity

contained in the shipment to meet the

Compatibility Category B designation

assigned to 10 CFR 20 Appendix

G.I.B5.

2 289.255(w)(11) 34.67 1998-4 C Leak testing and replacement of

sealed sources

According to 10 CFR 34.67, each

licensee shall maintain records of

leak test results for sealed sources

and for devices containing DU for 3

years after it is made or until the

source in storage is removed. 

However, Texas regulations require

the records to be maintained for two

years. 

Texas need to change the number of

years from two to three in

§289.255(w)(11), so that records of

leak test results shall be maintained

for three years to meet the

Comparability Category C designated

in 10 CFR §34.67.
STATE REGULATION STATUS

State: Texas(Six amendments reviewed identified by a i 

5-263 

at the beginning of equivalent NRC regulation.) Date: O

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

ML #5

i Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 FML051520266 N 10/31/05 ML053050013 

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) 1992-1Eliminating 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 to EPAStandards-Part 40

59 FR 28220; (7/1/97) 1994-2 P N

11/21/97

 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 of ByproductMaterial 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

i Frequency of Medical Examinations for Use of Respiratory Protection

Equipment-Part 20 

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

ML051520266

N 10/31/05

ML053050013

i 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

i Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 FML051520266 N 10/31/05 ML053050013 

Radiation Protection Requirements: Amended Definitions and CriteriaParts 19, 20 60 FR 36038; (8/14/98) 1995-5 F N3/17/99
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

ML #5

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

ML052060129

N 9/29/05ML052720491

i Medical Administration of Radiation and Radioactive Materials-Parts 20,

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 Special NuclearMaterials 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 Radioactive MaterialParts 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 Safety Requirements forIndustrial 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 One Microcurie ofCarbon-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

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing 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 i Licenses for Industrial Radiography and Radiation Safety Requirements

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 Change-Parts20, 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-Part 31

64 FR 42269; (none) 1999-2 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / 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 Number

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 RegulatoryClarifications-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

Requirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material - Parts 30, 31, 32

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

ML051520266

N 8/12/05ML052280032

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 OtherTransportation 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) 2005-1

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part35

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

Increased Controls for Risk-Significant Radioactive Sources (NRC OrderEA-05-090)

TBD FR TBD;(12/02/05) 2005-3