August 31, 2006

Mr. Lawrence E. Nanney, Director

Division of Radiological Health

Department of Environment and Conservation

L & C Annex, Third Floor

401 Church Street

Nashville, TN 37243-1532

Dear Mr. Nanney:

By letter dated March 25, 2004, we sent you the results of our review of the proposed changes

to the Tennessee regulations which were submitted to the NRC by letter dated February 13,

2004. These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Parts 30, 31, and 32, and the requirements of the General

License (GL) amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. 

The review we conducted omitted a specific review of Sections 10 CFR Parts 31.5 and 31.6. 

The text of these sections was not revised by the GL amendment, but the compatibility

designations were changed from Compatibility Categories C and D respectively, to Category B. 

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.

We discussed our review of the GL Amendment with Beth Murphy on August 21, 2006. 

Although we had only one comment for the 2001-1 amendment stated in the March 25, 2004

letter, as a result of our re-review against the Compatibility Category B designation, we have

three comments that have been identified in the enclosure. Comment 1 indicates that the

State’s regulation is more restrictive than the NRC’s regulations, and there is no corrective

action required for this comment at this point. However, Comments 2 and 3 indicate that the

State’s regulations are less restrictive than the NRC’s regulations, and they need to be

addressed in the State’s future rulemaking process. We request that when a final version of

Tennessee regulations is adopted and published in response to our comments, that a copy of

the “as published” regulations be provided to us for review as requested in STP Procedure SA201, Review of State Regulatory Requirements.

Please note that we have limited our review to regulations required for compatibility and/or

health and safety. The SRS Data Sheet summarizes our knowledge of the status of other

Tennessee 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.
Lawrence E. Nanney August 31, 2006

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 Ms. Monica

Orendi at (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Lawrence E. Nanney August 31, 2006

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 Ms. Monica

Orendi at (301) 415-3938 or by e-mail at MLO1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution: SUNSI Review Complete

DIR RF( 6-16) DCD (SP06) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

Response to Incoming Document: ML040540516

AWhite, SMinnick, RSAO; Amauer, ASPO; SLai; BUsilton; Tennessee File

Document Name:E:\Filenet\ML062410102.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 OGC STP:DD

NAME SLai STreby KNSchneider for DKRathbun

DATE 6/30/06* 7/20/06* 7/27/06*

ML062410102 OFFICIAL RECORD COPY PKG.ML062410106
COMMENTS ON PROPOSED TENNESSEE REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES 

STATE SECTION NRC

SECTION

RATS

ID

CATEGO

RY

SUBJECT and COMMENTS

1 1200-2-10-

.10(2)(c)13

31.5(c)

(13)(i) and (iv)

2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Tennessee’s regulation requires

registration of all the GL devices,

while 10 CFR 31.5(c)(13)(i) only

require registration of certain devices.

Also, Tennessee’s regulation does

not have registration exemption of

devices that are used for less than

180 days from registration, while 10

CFR 31.5(c)(13)(iv) does.

Tennessee’s rules have the essential

elements of the NRC, but are 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

petition and State of Florida’s request

on compatibility changes for the GL

rule.
STATE SECTION NRC

SECTION

RATS

ID

CATEGO

RY

SUBJECT and COMMENTS

2 1200-2-10-

.10(2)(c)13 

31.5(c)(13)(ii)

and (iii)

2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Tennessee has omitted the annually

registration requirement of these

devices stated in 10 CFR

31.5(c)(13)(ii). The reference to 10

CFR 31.5(c)(12) in 1200-2-10-

.10(2)(c)13.(iii)(III) should be under

part (c)(12), instead of (b)(12).

Tennessee needs to add the

requirements of 10 CFR

31.5(c)(13)(ii) to 1200-2-10-

.10(2)(c)13 and correct the reference

in 1200-2-10-.10(2)(c)13.(iii)(III) to

meet the Compatibility Category B

designation assigned to 10 CFR

31.5(c)(13).

3 1200-2-10-.10(2)(e) 31.5(d) 2001-1 B Certain detecting, measuring,

gauging, or controlling 

devices and certain devices for

producing light or an ionized 

atmosphere

Tennessee has omitted the phrase

“or import” after the phrase “authorize

the manufacture” in 1200-2-10-

.10(2)(e). 

Tennessee needs to add the phrase

to meet the Compatibility Category B

designation assigned to 10 CFR

31.5(d).
STATE REGULATION STATUS

State: TENNESSEE Tracking T

[1 Amendment reviewed identified by a i Date: A

at the beginning of the equivalent NRC requirement.]

NRC Chronology Identification FR Notice (State Due Date) RATS ID Proposed (P) 

Final (F)1 Rule 

LicenseCondition (LCML #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

FML062130090

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 fromManufacturer's Instructions-Parts 30,35

57 FR 45566; (none) 1992-2 

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 Decommissioning Recordkeeping and License Termination: DocumentationAdditions [Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 

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 EPAStandards-Part 40

59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 P 2/13/04

ML040540516

Preparation, Transfer for Commercial Distribution, and Use of ByproductMaterial for Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F

ML020320229

Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment-Part 20 

60 FR 7900; (3/13/98) 1995-2 F

ML020320229
NRC Chronology Identification FR Notice (State Due Date) RATS ID Proposed (P) 

Final (F)1 Rule LicenseCondition (LCML #5

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

(3/1/98)

1995-3 F

ML020320229

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

ML020320229

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19,20 

60 FR 36038; (8/14/98) 1995-5 F

ML020320229

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

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

ML040980538

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part71

60 FR 50248; 61 FR 28724(4/1/99)

1996-1 F

ML020320229

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping RequirementsParts 20, 30, 40, 61, 70 61 FR 24669; (6/17/99) 1996-3Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials;Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML020320229

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

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

ML020320229

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 FML020320229 

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

Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F

ML020320229

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

ML040980538

Exempt Distribution of a Radioactive Drug Containing One Microcurie ofCarbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F

ML020320229
NRC Chronology Identification FR Notice (State Due Date) RATS ID Proposed (P) 

Final (F)1 Rule LicenseCondition (LCML #5

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML020320229

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- Parts 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 forIndustrial Radiographic Operations-Part 34

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

ML040980538

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 

ML062130094

Transfer for Disposal and Manifests: Minor Technical Conforming AmendmentPart 20 63 FR 50127; (11/20/01) 1998-6 F ML062130094 Radiological Criteria for License Termination of Uranium Recovery FacilitiesPart 40 64 FR 17506; (6/11/02) 1999-1 Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material to 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 F 

ML062130094

Energy Compensation Sources for Well Logging and Other RegulatoryClarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F 

ML062130094

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

ML062130094

iRequirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material - Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P7 2/13/04

ML040540516

Revision of the Skin Dose Limit - Part 20 67 FR 16298; (4/5/05) 2002-1 P 2/13/04

ML040540516

Medical Use of Byproduct Material - Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327 12/3/06 2003-1
NRC Chronology Identification FR Notice (State Due Date) RATS ID Proposed (P) 

Final (F)1 Rule LicenseCondition (LCML #5

Compatibility With IAEA Transportation Safety Standards and OtherTransportation Safety Amendments – Part 71

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

Security Requirements for Portable Gauges Containing Byprodcut Material -Part 30 

70 FR 2001; (7/11/08) 2005-1

Medical Use of Byproduct Material - Recognition of Speciality 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

ML052590043

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

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 commen3. 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 Polic

and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112

5. ADAMS ML Number.6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given  legally binding requirements satisfying the requirements of NRC Order EA-05-090.7. A re-review was completed on this item due to the change in compatibility category of 31.5 and 31.6. More information can be foun

States letter STP 05-072