November 1, 2007

Susan Jablonski, Director

Radioactive Materials Division

Texas Commission on Environmental Quality

P.O. Box 13087 MS 122

Austin, TX 78711-3087

Dear Ms. Jablonski:

We have reviewed the Texas Commission on Environmental Quality’s (TCEQ) proposed

regulations to assume the regulatory authority for 11e.(2) byproduct material from the Texas

Department of Health Services’ Texas Administrative Code (TAC) Titles 25 and 30, received by

our office on August 23, 2007. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 40 and 150 and

the one amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulations with you on October 29, 2007.

Per your conversation with Kathleen Schneider on October 12, 2007, we are still reviewing the

technical difference presented in issue one of your letter. We will provide our position on

whether the implementation of 30 TAC § 336.1135, as described in your August 23, 2007 letter,

meets the Compatibility Category H&S designation in a separate correspondence. We have

no comments on the minimum qualifications for radiation safety officers, as incorporated into

the proposed 30 TAC § 336.1109. 

As a result of our review of the remaining proposed regulations, we have four 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 TCEQ 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 TCEQ 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.

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. 

The SRS Data Sheet summarizes our knowledge of the status of other TCEQ 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. 
Director Susan Jablonski -2- November 1, 2007

If you have any questions regarding the review results, 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 301-415-2320 (email: kxs@nrc.gov) or

Linda McLean at (817) 860-8116 (email: mlm1@nrc.gov ).

Sincerely,

\RA By ADWhite For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

As stated
Director Susan Jablonski -2- November 1, 2007

If you have any questions regarding the review results, 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 301-415-2320 (email: kxs@nrc.gov) or

Linda McLean at (817) 860-8116 (email: mlm1@nrc.gov ).

Sincerely,

\RA By ADWhite For\

Robert J. Lewis, 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 (7-66) SUNSI Review Complete

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

LMcLean, RSAO : Non-Sensitive G Sensitive

AMcCraw, HQ POC MOrendi Texas File

DOCUMENT NAME: C:\FileNet\ML073050232.wpd 

 ML of Incoming Document:ML072390489

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 RIV SAIS OGC SAIS:BC DMSSA:DD

NAME MLMclean KSchneider FCameron DWhite RLewis

DATE 10/12/07* 10/12/07* 10/29/07* 11/01/07* 11/01/07*

ML 073050232 OFFICIAL RECORD COPY Pkg.ML073050241
COMPATIBILITY COMMENTS ON TEXAS FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 30 TAC

336.1105

§ 40.4 n/a B Definitions: Unrefined and unprocessed ore

Texas included “solution extracting” in the

definition of “Unrefined and unprocessed ore.”

Texas needs to delete solution extracting from

their definition of “Unrefined and unprocessed

ore” in 30 TAC 336.1105 to meet the

Compatibility Category B designation assigned to

this definition in 10 CFR 40.

2 30 TAC 

336.1105

Part 40

Appendix A

n/a A Appendix A: Definitions

Texas CEQ definition of “Existing portion” in 30

TAC 336.1105 did not include “on which

significant quantities of uranium or thorium

byproduct materials.”

Texas CEQ needs to add this language to the

definition of “Existing portion” in 30 TAC 336.1105

to meet the Compatibility Category A assigned to

the definitions of 10 CFR 40 Appendix A.

3 30 TAC

§336.1129

40

Appendix A

Criterion 6(6)

1999-1 Appendix A, Criterion 6(6) 

Texas does not provide a course of

action if the dose measured is greater

than the limit. Texas has not included

the method to calculate the averaged

benchmark dose when there is a

presence of many isotopes. This

requirement mandates a proposed

course of action should benchmark

dose be exceeded and outlines a

method for dose calculation should

more than one isotope be present.

Texas needs to add the dose

requirements to 30 TAC §336.1129

to meet the Compatibility Category C

designation assigned to Section 10

CFR 40 Appendix A Criterion 6(6).
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 30 TAC

§336.1133

40

Appendix A

Criterion 5

n/a C Appendix A: Technical Requirements,

Criterion 5

Texas CEQ did not include uranium and thorium

byproduct material in the technical requirement

related to groundwater protection.

Texas CEQ needs to add uranium and thorium

byproduct material in the technical requirement

relating to groundwater protection to meet the

Compatibility Category C designation assigned to

the Technical Requirements in 10 CFR 40

Appendix A.
STATE REGULATION STATUS

State: Texas Commission on Environmental Quality(1 Amendment reviewed is identified by a i Tracking Tick

 at the beginning of each equivalent NRC regulation.) Date: Novem

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

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

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 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980;

(10/15/94)

1991-4 F 

Quality Management Program and Misadministrations-Part 35 56 FR 34104; 

(1/27/95)

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 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715;

 (7/1/96)

1993-2 

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; 

(7/22/96)

1993-3 F 

Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 

59 FR 1618(none)

1994-1 F 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; 

(7/1/97)

1994-2 F 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; 

(8/15/97)

1994-3 F 

Preparation, 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 EquipmentPart 20 6 FR 7900; (3/13/98) 1995-2 F 

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

60 FR 25983;(3/1/98)

1995-3 F 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; 

(6/30/98)

1995-4 

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; 

(8/14/98)

1995-5 F 

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235;

(11/24/98)

1995-6 F 

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623;

(10/20/98)

1995-7 

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 

61 FR 28723(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 

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

61 FR 24669; (6/17/99)

1996-3 F 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act- 61 FR 65120; 1997-1 F 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

Part 20 (1/9/00) ML0126100Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within

an 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)

1997-3 

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 28948; (6/27/00)

1997-5 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; 

(8/20/00)

1997-6 F

ML0634500

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

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 

63 FR 13773(2/12/01)

1998-1 F

ML0634500

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 F

ML0126100

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127;

(11/20/01)

1998-6 F

ML0634500
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

iRadiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; 

(6/11/02)

1999-1 P

ML0723904

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 55525(2/2/03)

1999-3 F

ML0126100

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; 

(5/17/03)

2000-1 

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; 

(1/8/04)

2000-2 

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 16298; (4/5/05) 2002-1 F

ML0634500

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

(10/24/05)

2002-2 

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

ML0634500

Compatibility 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) 2005-1 

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

1926 (4/29/08)

2005-2 

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

ML0522402
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

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 that regulation. See: “Final 

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p

1995.

5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were 

legally binding requirements satisfying the requirements of NRC Order EA-05-090.

7. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPE

as the National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be p

under separate correspondence and the SRS sheet will be revised as appropriate.

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1National Source Tracking System - Serialization Requirements - Part 32 with reference to Part20 Appendix E

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

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

& (11/30/07)

2006-37