May 18, 2006

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 final revision to the Kansas Radiation Protection Regulations, received

by our office on March 29, 2006. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, 30, 31, 32, 34,

35, 36, 39, 71, and 150 and the requirements of the amendments identified in the enclosed

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

you on May 17, 2006.

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.

Although we had only one comment for the 2001-1 amendment stated in the September 22,

2005 letter, as a result of our re-review of the GL device rule against the Compatibility Category

B designation, we have two comments that have been identified in the enclosure. Comment 6

indicates that the State’s regulation is more restrictive than the NRC’s regulation, and there is

no corrective action required for this comment at this time. However, Comment 5 indicates that

the State’s regulation is less restrictive than the NRC’s regulations, which needs to be

addressed in the State’s future rulemaking process. 

As a result of our review of the other rules, 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. 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 to us for review. As requested in STP Procedure SA-201,

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

by Kansas, in response to our comments and provide a copy to STP.
Thomas A. Conley, Chief -2- May 18, 2006

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.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 me, or Richard

Blanton at 301-415-2322 or by e-mail at rlb@nrc.gov.

Sincerely,

\RA BY KNSCHNEIDER FOR\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
Thomas A. Conley, Chief -2- May 18, 2006

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.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 me, or Richard

Blanton at 301-415-2322 or by e-mail at rlb@nrc.gov.

Sincerely,

\RA BY KNSCHNEIDER FOR\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF (6-102) SUNSI Review Complete

DCD (SP05) : Publicly Available G Non-Publicly Available

VCampbell, RSAO : Non-Sensitive G Sensitive

AMcCraw, ASPO SLai Kschneider Kansas File

DOCUMENT NAME: E:\Filenet\ML061370535.wpd 

ML of Incoming Document: ML060940369

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 RBlanton SLai STreby KNSchneider for DRathbun

DATE 04/17/06* 04/17/06* 05/17/06* 05/18/06*

ML061370535 OFFICIAL RECORD COPY
COMMENTS ON PROPOSED KANSAS REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

STATE SECTION NRC

SECTION

RATS ID CAT

EGO

RY

SUBJECT and COMMENTS

1 28-35-264 35.2 2002-2 B Definitions - Authorized User, Radiation

Safety Officer

Kansas has adopted these definitions by

reference. However, Kansas has kept

inconsistent definitions for these concepts in

Section 28-35-135.

Kansas needs to delete these definitions

from its regulations for the adoption by

reference to be effective and meet the 

Compatibility B designation assigned to

these definitions in 10 CFR 35.2. 

2 28-35-264 35.2 2002-2 C Definition - Prescribed Dose

Kansas has adopted this definition by

reference. However, Kansas has kept an

inconsistent definition in Section 28-35-135.

Kansas needs to delete this definition from

its regulations for the adoption by reference

to be effective and meet the Compatibility C

designation assigned to this definition in 10

CFR 35.2. 

3 28-35-135d 20.1003 1997-6 C Definitions - Decommission

The comment on the draft rule was not

addressed in the final rule. The comment

was:

The Kansas definition does not apply the

requirement “to remove a facility or site

safely from service and reduce residual

radioactivity” to both unrestricted and

restricted release.

Kansas needs to add the requirement to the

restricted release case to meet the

Compatibility C designation assigned to

Section 10 CFR 20.1003. 
STATE SECTION NRC

SECTION

RATS ID CAT

EGO

RY

SUBJECT and COMMENTS

4 28-35-177a 40.22 2002-2 B Small quantities of source material

The Kansas rule authorizes possession by

pharmacists, physicians, and patients. This

authorization no longer is in the NRC rule. 

This is a new comment on the final rules.

Kansas needs to remove the authorizations

to meet the Compatibility B designation

assigned to Section 10 CFR 40.22.

5 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 comment on the draft rule was not

addressed in the final rule. The comment

was:

The Kansas rule limits the issuance of a

general license to persons. The NRC rule,

instead, includes commercial and industrial

firms and research, educational and medical

institutions, as well as individuals in the

conduct of their business, and Federal, State

or local government agencies. Kansas rule

appears to be less restrictive than that of the

NRC.

Kansas should include commercial and

industrial firms and research, educational

and medical institutions, as well as

individuals in the conduct of their business,

and Federal, State or local government

agencies in this rule to meet the

Compatibility B designation assigned to

Section 10 CFR 31.5.
STATE SECTION NRC

SECTION

RATS ID CAT

EGO

RY

SUBJECT and COMMENTS

6 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 comment on the draft rule was not

addressed in the final rule. The comment

was:

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.

7 28-35-181d Part 35 2002-2 C Specific Licenses for Medical Use

Kansas regulations in 28-35-181d retains the

group licenses for medical use. This

licensing format is inconsistent with Part 35.

This is a new comment on the final rules.

Kansas should remove the group licensing

regulations to assure consistency with the

compatibility categories in 10 CFR Part 35.

8 28-35-349(c) 39.41 2000-1 B DESIGNS AND PERFORMANCE CRITERIA

FOR SOURCES

The state incorrectly references

requirements in ANSI/HPS N43.6-1977 as

those to meet by sealed sources for use in

well logging applications. The correct ANSI/

standard should be ANSI/HPS N43.6-1997.

This is a new comment on the final rules.

Kansas needs to address this to meet the

Compatibility Category B designation

assigned to Section 10 CFR 39.41.
STATE REGULATION STATUS

State: Kansas (31 amendment reviewed identified by a i T

 at the beginning of each equivalent NRC regulation.) 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

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

ML0609403

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

ML0609403

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

61352; 57 FR 38588; 57FR 57877; 58 FR 67657;59 FR 41641; 60 FR20183; (1/1/94)

1991-3 F 

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

ML0609403

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/7/95) 1992-1 Eliminating 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 F

ML0609403

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) 1994-2 i Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F

ML0609403

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

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

1995-1 F

ML0609403
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

i Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F

ML0609403

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

25983; (3/1/98)

1995-3 F

ML0609403

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

ML0609403

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

ML0609403

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

ML0609403

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

ML0609403

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 Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

i Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30,40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F

ML0609403

i Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML0609403i 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

ML0609403

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

ML0609403

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 i 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

ML0609403

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

ML0609403

i Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML0609403
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

i 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

ML0609403

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 i Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

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

ML0609403

i 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

ML0609403

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

ML0609403

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 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 LC

ML0525100

i Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 F

ML0609403

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

ML0609403

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

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

ML0609403

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

ML0609403

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

ML0609403

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

ML0609403

i Compatibility with IAEA Transportation Safety Standards and Other Transportation SafetyAmendments - Part 71

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

ML0609403

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; 71 FR 1926

(4/29/08)

2005-2 F

ML0609403
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 R

LicenseCondition 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 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.

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

ML0526502