December 18, 2007

Susan Jablonski, Director 

Radioactive Materials Division 

Texas Commission on Environmental Quality

P.O. Box 13087 MS 122 

Austin, TX 78711-3087

Dear Ms. Jablonski:

We have reviewed the Texas Commission on Environmental Quality’s (TCEQ) technical

questions on construction activities in the proposed regulations to assume the regulatory

authority for 11e.(2) byproduct material from the Texas Department of Health Services’ Texas

Administrative Code (TAC) Title 30, received by our office on August 23, 2007. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Part 40.32(e). We discussed our review of the regulations with you on

December 18, 2007.

Since 10 CFR 40.32(e) is designated as H&S, the staff has concluded that 336.1135 as drafted

meets the essential objectives of 10 CFR 40.32(e) and is therefore compatible with the NRC

regulation. The staff recommends that the following changes be considered by TCEQ for clarity

in its regulations (1) on the version of the environmental assessment referred to in the

regulation and (2) that proceeding at the applicant's own risk includes a responsibility to

remediate any areas impacted by major construction activities if the license is not issued. 

1. In TAC 30 §336.1135(2), replace the phrase "issued an environmental analysis" with

"issued a final environmental analysis." This change would make it clear which version

of the environmental analysis would be issued at the time of the draft final license. 

2. In TAC 30 §336.1135, add a new subparagraph (7) to ensure that the environment

would not be left damaged if the license were denied after the applicant initiated major

construction activities. An example would be: "If a license is not issued, the applicant is

responsible for remediation to the pre-construction environmental conditions of areas

impacted by major construction activities." 

If you have any questions regarding the comments, please contact me, or William Rautzen at

301-415-7206 or by e-mail at wrr@nrc.gov.

Sincerely,

\RA By ADWhite\

Robert J. Lewis, Deputy Director Division of

Materials Safety and State Agreements Office

of Federal and State Materials and

Environmental Management Programs
December 18, 2007

Susan Jablonski, Director 

Radioactive Materials Division 

Texas Commission on Environmental Quality

P.O. Box 13087 MS 122 

Austin, TX 78711-3087

Dear Ms. Jablonski:

We have reviewed the Texas Commission on Environmental Quality’s (TCEQ) technical

questions on construction activities in the proposed regulations to assume the regulatory

authority for 11e.(2) byproduct material from the Texas Department of Health Services’ Texas

Administrative Code (TAC) Title 30, received by our office on August 23, 2007. These

regulations were reviewed by comparison to the equivalent Nuclear Regulatory Commission

(NRC) rules in 10 CFR Part 40.32(e). We discussed our review of the regulations with you on

December 18, 2007.

Since 10 CFR 40.32(e) is designated as H&S, the staff has concluded that 336.1135 as drafted

meets the essential objectives of 10 CFR 40.32(e) and is therefore compatible with the NRC

regulation. The staff recommends that the following changes be considered by TCEQ for clarity

in its regulations (1) on the version of the environmental assessment referred to in the

regulation and (2) that proceeding at the applicant's own risk includes a responsibility to

remediate any areas impacted by major construction activities if the license is not issued. 

1. In TAC 30 §336.1135(2), replace the phrase "issued an environmental analysis" with

"issued a final environmental analysis." This change would make it clear which version

of the environmental analysis would be issued at the time of the draft final license. 

2. In TAC 30 §336.1135, add a new subparagraph (7) to ensure that the environment

would not be left damaged if the license were denied after the applicant initiated major

construction activities. An example would be: "If a license is not issued, the applicant is

responsible for remediation to the pre-construction environmental conditions of areas

impacted by major construction activities." 

If you have any questions regarding the comments, please contact me, or William Rautzen at

301-415-7206 or by e-mail at wrr@nrc.gov.

Sincerely,

\RA By ADWhite\

Robert J. Lewis, Deputy Director Division of

Materials Safety and State Agreements Office

of Federal and State Materials and

Environmental Management Programs

DIR RF SUNSI Review Complete

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