August 18, 2011 

Susan M. Jablonski, P.E. 

Division Director 

Radioactive Materials Division 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, TX 78711-3087 

Dear Ms. Jablonski: 

We have reviewed the proposed changes to the Texas Commission on Environmental Quality’s 

found in Title 30 Texas Administrative Code Chapter 336 (relating to Radioactive Substances 

Rules), received by our office on July 6, 2011. These regulations were reviewed by comparison 

to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 19, 20, the 

Increased Control requirements and the requirements of the four amendments identified in the 

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

regulations with Devane Clark on August 15, 2011. 

As a result of our review, we have 11 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 Texas 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 Texas 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 Federal and State Materials and Environmental Management 

Programs (FSME) Procedure SA-200. 

We request that when the proposed regulations are adopted and published as final regulations, 

a copy of the Aas published@ regulations be provided to us for review. As requested in FSME 

Procedure SA-201, AReview of State Regulatory Requirements,@ please highlight the final 

changes, 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 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 FSME website: http://nrc-stp.ornl.gov/rulemaking.html. 
-2- 

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 

(kathleen.schneider@nrc.gov) or Merri Horn at 301-415-8126 (merri.horn@nrc.gov). 

Sincerely, 

/RA/ 

Mark S. Delligatti, Acting Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 

 
[Concurrence Page] 

Enclosures: As stated 

Distribution: 

DIR RF (11-20) SUNSI Review Complete 

DCD (SP08) : Publicly Available G Non-Publicly Available 

RBrowder, RSAO : Non-Sensitive G Sensitive 

JKatanic, POC 

TX File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\Texas\11-20 TXCEQ 

Incoming Document: ML111880217 

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 ASPB OGC ASPB:BC MSSA:DD 

NAME MHorn KSchneider BJones DWhite MDelligatti

DATE 07/25/2011 07/26/2011 08/09/2011 08/18/2011 08/18/2011 

ML112060356 OFFICIAL RECORD COPY Package ML112060277

 
COMPATIBILITY COMMENTS ON TEXAS PROPOSED REGULATIONS 

STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

1 §336.351(a) '20.2207(a) 2006-3 B Reports of Transactions Involving 

Nationally Tracked Sources 

The regulation in paragraph 

§336.351(a) refers to the wrong 

paragraphs for the transaction 

reports. The language should be 

revised to “as specified in paragraphs 

(1) – (5) of this subsection” and not 

paragraphs (1) – (6). 

Texas needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

'20.2207(a). 

2 §336.351(a)(6) '20.2207(f) 2006-3 B Reports of Transactions Involving 

Nationally Tracked Sources 

The regulation in subparagraph 

§336.351(a)(6) refers to the wrong 

paragraphs for the transaction 

reports. The language should be 

revised to “reports discussed in 

paragraphs (1) – (5) of this 

subsection” and not paragraphs (1) – 

(6). 

Texas needs to make the above 

change in order to meet Compatibility 

Category B designation assigned to 

'20.2207(f). 

3 §336.351(a)(7) '20.2207(g) 2006-3 B Reports of Transactions Involving 

Nationally Tracked Sources 

The regulation in subparagraph 

§336.351(a)(7)refers to the wrong 

paragraphs for the transaction 

reports. The language should be 

revised to “reports identified by 

paragraphs (1) – (5) of this 

subsection” and not paragraphs (1) – 

(6). 

Texas needs to make the above 

change in order to meet Compatibility 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

Category B designation assigned to 

'20.2207(g). 

4 §336.357(2)(D) IC Orders 1.c. 2005-3 B Increased Controls For Licensees 

That Possess Sources Containing 

Radioactive Material Quantities of 

Concern

The Texas regulations do not contain 

condition 1.c from the IC Orders. The 

Texas’ regulations repeat the text 

from §336.357(3)(E). 

Texas needs to add IC 1.c. in order to 

meet Compatibility Category B 

designation assigned to the provision. 

5 §336.357(2)(E) IC Order 1.d. 2005-3 B Increased Controls For Licensees 

That Possess Sources Containing 

Radioactive Material Quantities of 

Concern

The Texas regulations do not contain 

paragraph (2)(E) which should 

contain condition 1.d from the IC 

Orders. 

Texas needs to add IC 1.d. in order to 

meet Compatibility Category B 

designation assigned to the provision. 

6 §336.357(3)(D) IC2.d. 2005-3 B Increased Controls For Licensees 

That Possess Sources Containing 

Radioactive Material Quantities of 

Concern

The Texas regulations have the 

licensee notifying the NRC 

Operations Center after initiating 

response to actual or attempted theft, 

sabotage, or diversion of the material. 

The licensee should call the Texas 

equivalent to the NRC Operations 

Center. 

Texas needs revise the regulations so 

the calls go to Texas instead of the 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

NRC in order to meet Compatibility 

Category B designation assigned to 

the provision. 

7 §336.357(4)(E) IC3.a.4. 2005-3 B Increased Controls For Licensees 

That Possess Sources Containing 

Radioactive Material Quantities of 

Concern

The Texas regulations have the 

licensee notifying the NRC 

Operations Center if a shipment is 

determined to be lost, stolen or 

missing. The licensee should call the 

Texas equivalent to the NRC 

Operations Center. 

Texas needs revise the regulations so 

the calls go to Texas instead of the 

NRC in order to meet Compatibility 

Category B designation assigned to 

the provision. 

8 §336.357(5)(B) IC3.b.2. 2005-3 B Increased Controls For Licensees 

That Possess Sources Containing 

Radioactive Material Quantities of 

Concern

The Texas regulations have the 

licensee notify the NRC Office of 

Nuclear Material Safety and 

Safeguards if it plans to ship a 

category 1 shipment for the first time. 

While this is consistent with the IC 

Order, the responsibility for this 

activity no longer resides with NMSS. 

The notification should now go to the 

NRC Director, Office of Federal and 

State Materials and Environmental 

Management Programs 

Texas should revise the regulations to 

reflect the correct NRC Office, 

however, this would not be required to 

meet Compatibility Category B 

designation assigned to the provision. 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

9 §336.357(6). IC3.c. 2005-3 B Increased Controls For Licensees 

That Possess Sources Containing 

Radioactive Material Quantities of 

Concern

The Texas regulations do not include 

the reference to IC 3.a. which is the 

Texas equivalent to paragraph (4.) 

The wording should be 

“...requirements of paragraphs (4) 

and (5) of this...” or “... requirements 

of paragraphs (4) and (5)(A) and (B) 

of this...”

Texas needs revise the regulations to 

include reference to paragraph (4) in 

order to meet Compatibility Category 

B designation assigned to the 

provision.

10 §336.357(9)(B) IC5.b. 2005-3 B Increased Controls For Licensees 

That Possess Sources Containing 

Radioactive Material Quantities of 

Concern

The Texas regulations refer to 

paragraph (2)(E) which does not 

exist. However, once Texas adds IC 

condition 1.c. and 1.d., the reference 

would be correct, assuming that 1.d. 

becomes (2)(E). See comments 4 

and 5. 

Texas needs revise the regulations to 

refer to a provision that exists in order 

to meet Compatibility Category B 

designation assigned to the provision.

11 §336.359 Part 20 

Appendix B 

2007-3 A Annual Limits on Intake (ALIs) and 

Derived Air Concentrations (DACs) 

of Radionuclides for Occupational 

Exposure; Effluent Concentrations; 

Concentrations for Release to 

Sewerage 

TX did not include the footnote 

citation “1” on the term Submersion 
STATE SECTION NRC SECTION RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

under Nitrogen and Oxygen entries. 

Footnote 1 on Submersion is 

incomplete and the word “material” 

needs to be inserted after “airborne” 

at the end of the footnote. 

Texas needs to make the above 

changes in order to meet 

Compatibility Category A designations 

assigned to Part 20, Appendix B.
STATE REGULATION STATUS

State: Texas Commission on Environmental Quality 

Tracking Ticket Numbe

[4 amendment(s) reviewed is identified by a i Date: August 18, 2011 at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 

Not Applicable Not Applicable TX DS

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none 

Not Applicable Not Applicable TX DS

1991-3 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; 

01/01/1994 

Final No Comments 

11/06/1997 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 

Final No Comments 

01/07/1998 

1992-1 Quality Management Program and 

Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 

Not Applicable Not Applicable TX DS

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none 

Not Required Not Required These 

requirof Com
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final No Comments 

01/07/1998 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 

Not Applicable Not Applicable TX DS

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 

Final No Comments 

01/07/1998 

1994-1 Self-Guarantee as an Additional Financial 

Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none 

Final No Comments 

01/07/1998 

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 

Final No Comments 

01/07/1998 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 

Final No Comments 

01/07/1998 

1995-1 Preparation, Transfer for Commercial Distribution, 

and Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 

Not Applicable Not Applicable 

TX DS
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 

Final No Comments 

01/07/1998 

1995-3 Low-Level Waste Shipment Manifest Information 

and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 

Final No Comments 

01/07/1998 

1995-4 Performance Requirements for Radiography 

Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 

Not Applicable Not Applicable 

TX DS

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 

Final No Comments 

01/07/1998 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 

Final No Comments 

01/07/1998 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 

Not Applicable Not Applicable 

TX DS

1996-1 Compatibility with the International Atomic Energy 

Agency 

04/01/1999 Not Applicable Not Applicable TX DS
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

1996-2 One Time Extension of Certain Byproduct, Source 

and Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 

Not Required Not Required These 

requirof Com

1996-3 Termination or Transfer of Licensed Activities: 

Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final No Comments 

01/07/1998 

1997-1 Resolution of Dual Regulation of Airborne Effluents 

of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 

Final ML012610092 

No Comments 11/26/01 ML013330250 

1997-2 Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 

02/27/2000 

Not Applicable Not Applicable 

TX DS

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 

Not Applicable Not Applicable 

TX DS

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 

Not Required Not Required These 

requirof Com078) 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1997-5 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 

Not Applicable Not Applicable 

TX DS

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 

Final ML063450071 

No Comments 01/09/2007 ML070090204 

1997-7 Exempt Distribution of a Radioactive Drug 

Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 

Not Applicable Not Applicable 

TX DS

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 F 

ML063450071 

N 1/09/07 ML070090204 

1998-2 Self-Guarantee of Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These 

requirof Com

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These 

requirof Com074) 

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Not Applicable Not Applicable TX DS
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1998-5 Minor Corrections, Clarifying Changes, and a Minor 

Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 

10/26/2001 Final 

ML012610092 

No Comments 11/26/2001 ML013330250 

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML063450071 

No Comments 01/09/2007 ML070090204 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Final 

ML091000165 

Comments 05/13/2009 ML091180024 

1999-2 Requirements for Those Who Possess Certain 

Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These 

requirof Com

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 

Final ML012610092 

No Comments 11/26/2001 ML013330250 

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Not Applicable Not Applicable TX DS

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Not Applicable Not Applicable TX DS
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2001-1 Requirements for Certain Generally Licensed 

Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162

02/16/2004 Not Applicable Not Applicable TX DS

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 

Final ML063450071 

No Comments 01/09/2007 ML070090204 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Not Applicable Not Applicable TX DS

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 

Final ML063450071 

No Comments 01/09/2007 ML070090204 

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Not Applicable Not Applicable TX DS

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 70 FR 2001 

07/11/2008 Not Applicable Not Applicable TX DS

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Not Applicable Not Applicable TX DS
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

*2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 Proposed 

ML111880217 License Condition ML052240226 

Comments 08/18/2011 ML112060277 No Comments 12/12/2005 ML053420404 

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 Not Applicable Not Applicable TX DS

*2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 Proposed 

ML111880217 

Comments 08/18/2011 ML112060277 

Note: licensadoptLLW sreceiv

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 

Not Applicable Not Applicable 

TX DS

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 

Not Applicable Not Applicable 

TX DS
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

*2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 Proposed 

ML111880217 

Comments 08/18/2011 ML112060277 

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License 

Condition ML082100350 

No Comments 09/11/2008 ML082410019 

*2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 Proposed 

ML111880217 

No Comments 08/18/2011 ML112060277 

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification Part 35 74 FR 33901 

09/28/2012 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015