September 22, 2005

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 Kansas regulations Parts 1, 3, 4, 7 and 15 of the

Kansas Department of Health and Environment proposed regulations, received by our office on

July 18, 2005. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34, 71 and 150 identified

in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the

regulations with you on September 19, 2005.

As a result of our review, we have ten 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 State and Tribal Programs (STP) Procedure SA-200.

Per discussion with you, “Respiratory Protection and Controls to Restrict Internal Exposures”

RATS 1999-3 has been submitted separately for review as a legal binding condition. Presently,

Kansas has no licensee who requires these provisions.

As noted in the enclosure, several comments address Kansas’ proposed regulations for

Generally Licensed (GL) devices. Please note that we have a Petition For Rulemaking from the

Organization of Agreement States (OAS) currently under review by NRC staff, and a request

from OAS and the State of Florida to change the Compatibility Category assigned to sections of

the GL rule. Staff is examining whether there may be need for additional guidance to

Agreement States regarding the status of some Agreement State GL rules during the interim

time the NRC will require to complete action on the Petition and request. We will correspond

separately with you on this issue in the near future.

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 STP

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final

changes and provide a copy to STP.
Mr. Thomas Conley -2- September 22, 2005

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.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 Jenny

Tobin at (301)415-2328 or by e-mail at JCT1@NRC.GOV.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Mr. Thomas Conley -2- September 22, 2005

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.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 Jenny

Tobin at (301)415-2328 or by e-mail at JCT1@NRC.GOV.

Sincerely,

 \RA By KNSchneider For\

Paul H. Lohaus, Director

Office of State and Tribal Programs

Enclosures: 

 As stated

SISP Review Complete

 : Publicly Available 9 Non-Publicly Available

Distribution: : Non-Sensitive 9 Sensitive

DIR RF[5-134] DCD (SP08) PDR (YES_T) Response to Incoming Document: ML051950324

VCampbell , RSAO JZabko, ASPO BUsilton Kansas File Document

DOCUMENT NAME: E:\Filenet\ML052660035.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 STP OGC STP:DD

NAME JTobin KHseuh STreby DRathbun

DATE 9/13/05* 9/13/05* 9/21/05* 9/22/05*

ML052660035 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON KANSAS PROPOSED REGULATIONS

STATE SECTION NRC SECTION CATEGORY SUBJECT and COMMENTS

1 28-35-

135d(b)

20.1003 A Definitions “declared pregnant woman”:

KS omitted the second sentence of the term

“declared pregnant woman” from proposed state

regulations.

Kansas needs to add the sentence “The

declaration remains in effect until the declared

pregnant woman withdraws the declaration in

writing or is no longer pregnant.” to the definition

for in 28-35-135d to meet Compatibility Category A

designation assigned to 10 CFR 20.1003.

2 28-35-135d 20.1003 C Definitions “decommission”:

KS omitted the term “decommission” from

proposed state regulations.

Kansas needs to add the definition for

“decommission” in 28-35-135d to meet

Compatibility Category C designation assigned to

10 CFR 20.1003.

3 N/A 20.1405 C Public Notification and public participation:

KS did not include the requirements of 10 CFR

20.1405 in the submission of proposed state

regulations.

Kansas needs to add these requirements to state

regulations to meet Compatibility Category C

designation assigned to 10 CFR 20.1405.

4 N/A 20.1406 C Minimization of contamination:

KS did not include the requirements of 10 CFR

20.1406 in the submission of proposed state

regulations.

Kansas needs to add these requirements to state

regulations to meet Compatibility Category C

designation assigned to 10 CFR 20.1406.

5 28-35-

135s(c)

30.4 B Definitions “sealed source”:

Kansas’ definition of “sealed source” in 28-35-

135s(c) uses the terms “container or matrix”

instead of “capsule” and concludes the definition

with “foreseeable conditions of wear and tear”. 

Kansas needs to adopt the 10 CFR 30.4 definition

for “sealed source” to meet the Compatibility

Category B assigned to 10 CFR 30.4.
STATE SECTION NRC SECTION CATEGORY SUBJECT and COMMENTS

6 28-35-135s 30.4 A Definitions “site area emergency”:

KS omitted the definition of “Site area emergency”

defined in 10 CFR 30.4 from the proposed state

regulations.

Kansas should include the definition for “Site area

emergency “ in 28-35-135s to meet Compatibility

Category A assigned to 10 CFR 30.4. 
STATE SECTION NRC SECTION CATEGORY SUBJECT and COMMENTS

7 28-35-178b 31.5 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

The following differences from 10 CFR 31.5 were

noted:

In 28-35-178b(b), KS omits the wording “receives”

and “transfers” stated in 10 CFR 31.5(c).

In 28-35-178b(b)(3)(B), KS omits the equivalent

language “pursuant to parts 30 and 32 of this

chapter or from an Agreement State” stated in 10

CFR 31.5(c)(3)(ii).

In 28-35-178b(b)(4)(B), KS adopts “one year”

instead of “three years” stated in 10 CFR

31.5(c)(4)(i).

In 28-35-178b(b)(5)(A)(i), KS omits the equivalent

language “issued under parts 30 and 32 of this

chapter or by an Agreement State” stated in 10

CFR 31.5(c)(5).

In 28-35-178b(b)(5)(B), KS omits the language “in

the case of detection of 0.005 microcurie or more

removable radioactive material... on a case-bycase basis” stated in 10 CFR 31.5(c)(5)

In 28-35-178b(b)(9)(A), KS omits the wording

“serial number” stated in 10 CFR 31.5(c)(9)(B).

In 28-35-178b(b)(9)(A), KS omits the wording

“phone number” stated in 10 CFR 31.5(c)(9)(D).

In 28-35-178b(b)(13)(A), KS omits the language

“devices containing at least 370 Mbq (10 mCi) of

Cesium-137..., based on activity indicated on the

label.” stated in 10 CFR 31.5(c)(13)(i).

In 28-35-178b(b)(13)(A), KS omits 10 CFR

31.5(c)(13)(ii) and 31.5(c)(13)(iv) requirements.

In 28-35-178(b)(13)(15)(c), KS omits the wording

“or import” stated in 10 CFR 31.5(d). 

Kansas needs to revise 28-35-178b accordingly to

meet the Compatibility Category B designation

assigned to 10 CFR 31.5.
STATE SECTION NRC SECTION CATEGORY SUBJECT and COMMENTS

8 N/A 32.2 B Definitions “lot tolerance percent defective”:

KS proposed definition for “lot tolerance percent

defective” has been omitted compared to NRC’s

definition.

Kansas needs to add the definition for “lot

tolerance percent defective” to 28-35-135l to meet

Compatibility Category B designation assigned to

10 CFR 32.2.

9 28-35-181e

(b)

32.12 C Records and material transfer reports

Some of the requirements of “Records and

material transfer reports” for the materials of 32.11

have been omitted from proposed KS regulations.

The requirements, as found in 10 CFR

32.12(b)(c)&(d), need to be added to state

regulations in order to meet Compatibility Category

C designation assigned to 10 CFR 32.12.

10 28-35-281 34.71 B Utilization logs

Kansas proposed regulation requires records to be

kept for a period of two years, the requirements of

10 CFR 34.71 require maintenance of three years. 

Kansas needs to change this time period in KS 28-

35-284 to meet Compatibility Category B

designation assigned to Section 10 CFR 34.71.
STATE REGULATION STATUS

State: Kansas (27 amendments reviewed are identified by a i Tracking Ticket Number: 5

 at the beginning of each equivalent NRC regulation.) Date: September 22, 2005

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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

ML051950

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

ML051950

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 

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

ML051950

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 P

ML051320

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 P

ML051950

i 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 P

ML051940

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

ML051950

i Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 P

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

ML051950
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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

ML051950

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

ML051950

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

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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 P

ML051950

i Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 PML051950Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

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

ML051950

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

ML051950

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 P

ML051950

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

ML051950

i Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 PML051950i 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 P

ML051950

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 P

ML051950

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 P

ML051950
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

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.

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

ML051950

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 

i Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524;

(2/2/03)

1999-3 P

ML051950

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

ML051320

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

ML051950

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

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

ML051950

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

ML051950

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

ML051320

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

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

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

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Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2 P

ML051320