January 9, 2007

Robin Cooksey, Health Physicist

Waste Permits Division

Texas Commission on Environmental Quality

P.O. Box 13087

Austin, TX 78711-3087

Dear Ms. Cooksey:

We have reviewed the final revisions to the Texas Commission on Environmental Quality

regulations in Title 30, Texas Administrative Code (TAC) Chapters 37 and 336, received by our

office on December 8, 2006. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 40, and 70 and the

requirements of the five amendments identified in the enclosed State Regulation Status (SRS)

Data Sheet. We discussed our review of the regulations with you today, January 9, 2007.

As a result of our review, we have no comments. Please note that we have limited our review

to regulations required for compatibility and/or health and safety. We have determined that the

regulations, as adopted, meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200.

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 FSME website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

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

Jenny Tobin at 301-415-2328 (email: jct1@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
January 9, 2007

Robin Cooksey, Health Physicist

Waste Permits Division

Texas Commission on Environmental Quality

P.O. Box 13087

Austin, TX 78711-3087

Dear Ms. Cooksey:

We have reviewed the final revisions to the Texas Commission on Environmental Quality

regulations in Title 30, Texas Administrative Code (TAC) Chapters 37 and 336, received by our

office on December 8, 2006. These regulations were reviewed by comparison to the equivalent

Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 40, and 70 and the

requirements of the five amendments identified in the enclosed State Regulation Status (SRS)

Data Sheet. We discussed our review of the regulations with you today, January 9, 2007.

As a result of our review, we have no comments. Please note that we have limited our review

to regulations required for compatibility and/or health and safety. We have determined that the

regulations, as adopted, meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200.

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 FSME website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm. 

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

Jenny Tobin at 301-415-2328 (email: jct1@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 (6-287) SUNSI Review Complete

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

LMcLean, RSAO : Non-Sensitive G Sensitive

AMcCraw, ASPO MOrendi Texas File

DOCUMENT NAME: C:\FileNet\ML070090204.wpd ML of Incoming Document:ML063450071

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 DILR SAIS OGC SAIS:BC DMSSA:DD

NAME JTobin KSchneider FCameron PRathbun SMoore

DATE 1/03/07* 1/4/07* 1/8/07* 1/9/07* 1/9/07*

ML070090204 OFFICIAL RECORD COPY Pkg.ML

STATE REGULATION STATUS
State: Texas Natural Resource Conservation Commission

(5 Amendments reviewed are identified by a i Track

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

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 

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;

1995-1 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

60 FR 322; (1/1/98)

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 ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML0126100

Recognition 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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

iRadiological 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 

iDeliberate 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

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

(11/20/01)

1998-6 F

ML0634500

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 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 
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.

iRevision 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 

iFinancial 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

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