August 30, 2007

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 July 18, 2007. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 39, 40

and 70 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 Isabelle Busenitz on

August 27, 2007.

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to review Agreement State General Device (GL) 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. Comment 1 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. 

As a result of the remainder of our review, we have one additional comment that has 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 Federal and State

Materials and Environmental Management Programs (FSME) Procedure SA-200.

We request that when you revise your regulations to address our comment, 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 location of any changes made

by Kansas, in response to our comments, 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 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 FSME website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 
Mr. Thomas A. Conley -2- August 30, 2007

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 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 D. White 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
Mr. Thomas A. Conley -2- August 30, 2007

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 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 D. White 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 (7-57) SUNSI Review Complete

DCD (SP07) : Publicly Available G Non-Publicly Available

JLynch, RSAO : Non-Sensitive G Sensitive

AMCCraw KKarcagi [Kansas] File

DOCUMENT NAME: C:\FileNet\ML072390354.wpd 

ML of Incoming Document:ML072010244

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 MSSA:DD

NAME JTobin KSchneider FCameron DWhite RA by ADW for

RLewis

DATE 8/06/07* 8/08/07* 8/22/07* 8/30/07* 8/30/07*

ML072390354 OFFICIAL RECORD COPY MLPKG.072390358
COMPATIBILITY COMMENTS ON KANSAS FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 28-35-178b. §31.5

(c)(13)

2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

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 STP-05-

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.

§31.5

2 28-35-

230g(a)

§20.2207

(a)

2006-3 B Reports of transactions involving

nationally tracked sources

Kansas omitted licensees who

“transfer, receive, disassemble or

dispose of sources” from the

regulations in 28-35-230g(a).

Kansas needs to add the reference to

these licensees in 28-35-230g(a) to

meet the compatibility B assigned to

20.2207(a).
STATE REGULATION STATUS

State: Kansas (6 Amendments reviewed are identified by a i Tracking Tick at the beginning of each equivalent NRC regulation.) Date: August 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 RLicenseCondition ML #5

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

ML0609403

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 

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 

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

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

ML0609403

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

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

ML0609403

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

25983; (3/1/98)

1995-3 F

ML0609403

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

ML0609403

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

ML0609403

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

ML0609403

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

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

ML0609403

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML0609403
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

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 F

ML0609403

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 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

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

ML0720102

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML0609403Deliberate 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 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

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

ML0609403

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

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 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed 

Final (F)1 R

LicenseCondition ML #5

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

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

ML0720102

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

ML0609403

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

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

ML0720102

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

ML0609403

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

ML070851

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

ML0609403

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

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

ML0609403

iSecurity Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 F

ML0720102

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2 F

ML0609403

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

ML0526502
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 Statem

Compatibility of Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 19

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 

Kansas statute.

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

National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be provided to the State

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) 2006-1 iNational Source Tracking System - Serialization Requirements - Part 32 with reference to Part

20 Appendix E

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

ML0720102

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

(11/30/07)

2006-37 F

ML0720102