September 29, 2005

Ms. Cynthia C. Cardwell

Radiation Policy, Standards, and Quality Assurance Group

Policy, Standards, and Quality Assurance Unit

Department of State Health Services

1100 West 49th Street

Austin, TX 78756-3189

Dear Ms. Cardwell:

We have reviewed the final changes to the Texas Regulations for Control of Radiation, 25

Texas Administrative Code, 289.202, 289.252, 289.257, and 289.260, received by our office on

July 22, 2005. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 40, 70, and 71, 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 you on Sept 29, 2005.

As a result of our review, we have seven 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. 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 State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided for us to review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements”, please highlight the location of any changes made

by Texas in response to our comments, and provide a copy to STP.

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 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 Vivian

Campbell at (817)860-8143 or by e-mail at vhc@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
September 29, 2005

Ms. Cynthia C. Cardwell

Radiation Policy, Standards, and Quality Assurance Group

Policy, Standards, and Quality Assurance Unit

Department of State Health Services

1100 West 49th Street

Austin, TX 78756-3189

Dear Ms. Cardwell:

We have reviewed the final changes to the Texas Regulations for Control of Radiation, 25

Texas Administrative Code, 289.202, 289.252, 289.257, and 289.260, received by our office on

July 22, 2005. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 40, 70, and 71, 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 you on Sept 29, 2005.

As a result of our review, we have seven 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. 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 State and Tribal Programs (STP) Procedure

SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided for us to review. As requested in STP Procedure SA-201,

“Review of State Regulatory Requirements”, please highlight the location of any changes made

by Texas in response to our comments, and provide a copy to STP.

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 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 Vivian

Campbell at (817) 860-8143 or by e-mail at vhc@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

SISP Review Complete

: Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

Distribution:

DIR RF[5-212] DCD (SP05) PDR(YES_T) Response to Incoming ML052060129

VCambell, RSAO AMcCraw, ASPO BUsilton Texas File

Name E:\Filenet\ML052720491.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 VCampbell WRautzen STreby DRathbun

DATE 09/08/05* 09/08/05* 09/28/05* 09/29/05*

ML052720491 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON TEXAS FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 289.260(h) 40.36 (f) (3) 1993-1 D/H&S Financial assurance and

recordkeeping for

decommissioning

Texas does not have language from

10 CFR 40.36(f)(3) for licensees to

ensure that they maintain a list in a

single document of areas that could

potentially be contaminated as a

result of licensed activities either in or

outside the restricted area. 

Texas needs to adopt the essential

objectives of the requirements for

maintaining a list of areas that could

potentially be contaminated to meet

the Category H&S designation

assigned to 10 CFR 40.36(f)(3).

2 289.257(f)(2)

& (3)

71.10 (b) & (c) 1996-1 NRC Exemptions for low level material

Texas has adopted the requirements

of 71.10 (b) & (c), which are reserved

for NRC. These provisions delineate

NRC’s authority from that of DOT’s in

the area of transportation of

radioactive material. Agreement

States should not adopt these

provisions in order to retain their

ability to implement all of 49 CFR as

directed by DOT.

Texas needs to remove these

requirements from their regulations

as they are NRC-specific

requirements.

3 Omitted 71.11 1996-1 C Deliberate misconduct

Texas has omitted the deliberate

misconduct requirement.

Texas needs to add these provisions

to their rules to meet the Compatibility

Category C designation assigned to

Section 10 CFR 71.11.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 289.257(g)(1) 71.12 (c) (3), (d)

and (e)

1996-1 B General license: NRC-approved

package

Texas’ regulation does not include the

package usage requirements

specified in 10 CFR 71.12 (c) (3), (d)

and (e).

Texas needs to add these provisions

to their rules to meet the Compatibility

Category B designation assigned to

Sections 10 CFR 71.12 (c) (3), (d)

and (e).

5 Omitted 71.101 1996-1 C Quality assurance requirements

Texas omitted the provisions of 10

CFR 71.101.

Texas needs to adopt these

provisions to meet the Compatibility

Category C designation of 10 CFR

71.101.

6 Omitted 71.103 1996-1 C Quality assurance organization

Texas omitted the provisions of 10

CFR 71.103.

Texas needs to adopt these

provisions to meet the Compatibility

Category C designation of 10 CFR

71.103.

7 Omitted 71.105 1996-1 C Quality assurance program

Texas omitted the provisions of 10

CFR 71.105.

Texas needs to adopt these

provisions to meet the Compatibility

Category C designation of 10 CFR

71.105.
STATE REGULATION STATUS

State: Texas(Six amendments reviewed identified by a i Tra

5-212 

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

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

ML #5

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 P Y 1/12/99ASNT 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 N

11/6/97

i Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 FML052060129 N 9/29/05 ML052720491 

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1⁄27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures fromManufacturer's Instructions-Parts 30, 35

57 FR 45566; (none) 1992-2 

i Decommissioning Recordkeeping and License Termination: 

Documentation Additions [Restricted areas and spill sites]-Parts 30, 40 

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

ML052060129

Y 9/29/05ML052720491

 Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F

ML051520266

N 8/12/05ML052280032

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 P N

11/21/97

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-Part 40

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

11/21/97

i Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 FML052060129 N 9/29/05 ML052720491 

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 N

3/17/99

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

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

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20,61

60 FR 15649; 60 FR 25983(3/1/98)

1995-3 P N

11/8/96

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P Y 1/22/99
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

ML #5

Radiation Protection Requirements: Amended Definitions and CriteriaParts 19, 20 60 FR 36038; (8/14/98) 1995-5 F N3/17/99i Clarification of Decommissioning Funding Requirements-Parts 30, 40,

70

60 FR 38235; (11/24/98) 1995-6 F

ML052060129

N 9/29/05ML052720491

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

i 10 CFR Part 71: Compatibility with the International Atomic Energy

Agency-Part 71

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

1996-1 F

ML052060129

Y 9/29/05ML052720491

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: RecordkeepingRequirements-Parts 20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 P (Part 30) N 11/8/96 

Resolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F N 7/7/00 

Recognition of Agreement State Licenses in Areas Under ExclusiveFederal Jurisdiction Within an Agreement State-Part 150

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

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 F N 7/7/00 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 N 7/7/00 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F N 7/7/00 i Exempt Distribution of a Radioactive Drug Containing One Microcurie of

Carbon-14 Urea-Part 30 

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

ML052060129

N 9/29/05ML052720491

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71,150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1

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 P Y 1/12/99

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts20, 35, 36

63 FR 39477; 63 FR 45393(10/26/01)

1998-5 F N 7/7/00 

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 F N 7/7/00 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review Y, N2 / Date /

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 Polic

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995. 

5. ADAMS ML Number

Radiological Criteria for License Termination of Uranium RecoveryFacilities-Part 40

64 FR 17506; (6/11/02) 1999-1 F

ML051520266

Y 8/12/05ML052280032

Requirements for Those Who Possess Certain Industrial DevicesContaining Byproduct 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

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

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

ML051520266

Y 8/12/05ML052280032

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

ML051520266

N 8/12/05ML052280032

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

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

ML051520266

N 8/12/05ML052280032

Revision of the Skin Dose Limit -Part 20 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (10/24/05) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility with IAEA Transportation Safety Standards and OtherTransportation 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 - Part35

70 FR 16336; (4/29/08) 2005-2