ML20202D143

Informs That OSP Reviewed Proposed regulation,25 TAC 289.255, Radiation Safety Requirements & Licensing & Registration Procedures for Industrial Radiography, Sent on 981123.Proposed Regulation Compared with 10CFR34

ML20202D143
Person / Time
Issue date:	01/12/1999
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Ratliff R TEXAS, STATE OF
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ML20202D150	List: ML20202D143
References
NUDOCS 9902010317
Download: ML20202D143 (7)

Text

.. _ -._ __. __ . . _ . _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _

Q 9

h Mr. Richard A. Ratliff, PE, LMP, Chief Bureau of Radiation Control M I 2 ISSS Texas Department of Health 1100 West 49" Street Austin, TX 78756

Dear Mr. Ratliff:

l As requested, we have reviewed the proposed regulation,25 TAC 289.255, Radiation Safety Reauirements and Licensina and Reaistration Procedures for Industrial Radioaraohv. sent by e-mail from Ms. Cindy Cardwell dated November 23,1998. The proposed regulation was -

reviewed by comparison to the equivalent regulation,10 CFR Part 34. We also discussed our review of the regulation with Ms. Cardwell.

As a result of our review, we have one comment that has been identified in the enclosure.

Please note that we have limited our review to regulations required for compatibility and/or heath and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made on a review of the final State regulation. However, we have determined that if your proposed regulation was adopted incorporating the comment and without other significant change, it would meet the~ compatibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulations are adopted as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hiahliaht Chances to Aareement State Reaulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comment, the compatibility and health categories, or any of the NRC regulations used in the review, please contact me or Jim Myers of my staff at (301) 415-2328 or JHM@NRC. GOV.

I Sincerely, l

OriginalSigned By- l

, PAUL H. LOHAUS I

Paul H. Lohaus, Deputy Director 9902010317 990112 Office of State Programs PDR STPRQ ESGTX PDR ,

Enclosure:

As stated I I

l Distribution:

DIR RF (8S310) 010 01 J ,__ DCD (SP08)

SDroggitis 45 C PDR (YES_(_ NO )

Tex File ki M bth$ hb DOCUMENT NAME: G:\JHM\TEXREGS *See previous concurrence.

Ti receive a copr of this document, indicate in the bor: *C" = Oopy without attachment /enclosureN y with attachmentenclosure "N" = No copy OFFICE OSP OSP [A OSP:pD'l]l OGC OSP:D l NAME JMyers:nb:kk SNSalomon PHLohat)s P\ FCameron RLBangart DATE 12/14/98* 12/21/98* 12P)'98 12/30/98*

OSP FILE CODE: SP-AG-27

>m nas g i UNITED STATES ff g j NUCLEAR RE2ULATORY COMMISSION WASHINGTON, D.C. 30666-0001 p#

January 12, 1999

%..<...[

Mr. Richard A. Ratliff, PE, LMP, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49* Street Austin,TX 78756

Dear Mr. Ratliff:

As requested, we have reviewed the proposed regulation,25 TAC 289.255, Radiation Safety Beauirements and Licensino and Reaistration Procedures for Industrial Radioaraohv. sent by e-mnH from Ms. Cindy Cardwell dated November 23,1998. The proposed regulation was ru.ewt y comparison to the equivalent regulation,10 CFR Part 34. We also discussed our review of the regulation with Ms. Cardwell.

As a result of our review, we have one comment that has been identified in the enclosure.

Please note that we have limited our review to regulations required for compatibility and/or heath and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made on a review of the final State regulation. However, we have determined that if your proposed regulation was adopted incorporating the comment and without other significant change, it would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulations are adopted as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hiahliaht Chanaes to Aareement State Reaulations Submitted to NRC for Comoatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comment, the compatibility and health categories, or any of the NRC regulations used in the review, please contact me or Jim Myers of my staff at (301) 415-2328 or JHM@NRC. GOV.

erely,

/

[ pr) \\ 0W Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated L - .. .

COMMENT ON PROPOSED TEXAS REGULATION AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES 1 NRC State l Category Regulation Reculation Subiect and Comments l

B 34.71(a)(2) 289.255(h)(1)(B) Utilization logs.  !

The draft Texas rule does not require both the identity and '

signature of the radiographer in the utilization log.

Therefore, the phrase "and signature" should be inserted

{

j after "name' in 289.255(h)(1)(B) to meet the compatibility l category. '

P i

i

~

Mr. Richird A. R;tliff, PE, LMP, Chi;f Bureau of Radiation Control  !

Texas Department of Health 1100 West 49" Street l

Austin, TX 78756

Dear Mr. Ratliff:

As requested, we have reviewed the proposed regulation,25 TAC 289.255, Radiation Safety Reauirements and Licensina and Reaistration Procedures for Industrial Radicaraohv, sent by e-mail from Ms. Cindy Cardwell dated November 23,1998. The proposed regulation was reviewed by comparison to the equivalent regulation,10 CFR Part 34. We also discussed our )

review of the regulation with Ms. Cardwell.

As a result of our review, we have one comment that has been identified in the enclosure. l Please note that we have limited our review to regulations required for compatibility and/or f heath and safety. Under our current procedure, a finding that a State regulation meets the l

compatibility and health and safety categories of the equiva'ent NRC regulation may only be l made on a review of the final State regulation. However, we have determined that if your proposed regulation was adopted incorporating the comment and without other significant change, it would meet the compatibility and health and safety categories established in OSP l Procedure SA-200 (formerly, B.7). j We request that when the proposed regulations are adopted as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027,"Reauest to Hiahlicht Chanaes to Aareement State Reaulations Submitted to NRC for Compatibility Review (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

If you have any questions regarding the comment, the compatibility and health categories, or  ;

any of the NRC regulations used in the review, please contact me or Jim Myers of my staff at l (301) 415-2328 or JHM@NRC. GOV.

I Sincerely, l

Paul H. Lohaus, Deputy Director Office of State Programs

Enclosure:

As stated Distribution:

DIR RF (8S310) DCD (SP08)

SDroggitis PDR (YES_f._ NO )

BUsilton Texas File DOCUMENT NAME: G:UHM\TEXREGS *See prgdo rrence.

Y s receive a copy of this document, indicate in the box: *C' = Copy without attachmenvenclosureN y with attachtnent/encR>s "W = No copy OFFICE OSP l OSP 6 OSP.pdlM 'OGC l OSP:D NAME JMyers:nb:kk SNSalomon PHLoha()s M FCameron RLBangart DATE 12/14/98* 12/21/98* 12Pf98 /7-%< 96 OSP FILE CODE: SP-AG-27

~

i

~

Mr. Richard A. Ratliff, PE, LMP, Chief Bureau of Radiation Control Texas Department of Health i 1100 West 49* Street i Austin, TX 78756

Dear Mr. Ratliff:

l As requested, we have reviewed the proposed regulation,2b TAC 289.255, Radiation Safety Reauirements and Licensina and Reaistration Procedures for Industrial Radicaraohv. sent by e-mail from Ms. Cindy Cardwell dated November 23,1998; The proposed regulation was reviewed by comparison to the equivalent regulation,10 CFR Part 34. We also discussed our review of the regulation with Ms. Cardwell.

As a result of our review, we have one comment that has been identified in the enclosure.

Please note that we have limited our review to regulations required for compatibility and/or heath and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made on a review of the final State regulation. However, we have determined that if your proposed regulation was adopted incorporating the comment and without other significant f change, they would meet the compatibility and health and safety categories established in OSP Procedure SA-200 (formerly, B.7).

We request that when the proposed regulations are adopted as final regulations, a copy of the "as published" regulations be provided to us for review. As reauested in our All Agreement States Letter SP-96-027,"Recuest to Hiahlicht Chanaes to Aareement State Reaulations Submitted to NRC for Compatibility Review" (March 1,1996), please highlight the final changes and send one copy in a computer readable format, if possible.

l If you have any questions regarding the comment, the compatibility and hea!th categories, or any of the NRC regulations used in the review, please contact me or Jim Myers of my staff at (301) 415-2328 or JHM@NRC. GOV.  !

Sincerely,

/

l

/ Paul H. Lohaus, Deputy Director

/ Office of State Programs

/

Enclosure:

i As stated /

I

/

Distribution: [/

DIR RF (8S310) DCD (SP08)

SDroggitis PDR (YES_J_ NO )

BUsilton Texas File /

DOCUMENT NAME: G:\JHM\TEXREGS *See previous concurrence.

T= receive a copf of this document, indicate in the box: *C* = Copy without attachrnent/ enclosure "E" = Copy wm attachment / enclosure "N" = No copy OFFICE OSP OSP 5.95 6 OSP:DD l OGC OSP:D NAME JMyers:nb:kk SNSalomon PHLohaus FCameron RLBangart DATE 12/14/98* 12/1//98 12/ /98 OSP FILE CODE: SP-AG-27

/

Mr. Richard A. Ratliff, PE, LMP, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49'" Street Austin, TX 78756

Dear Mr. Ratliff:

l As requested in an e-mail from Cindy Cardwell dated Novembe 23,1998, we have completed the reviea of Texas Bureau of Radiation Control regulation 25 AC 289.255, Radiation Safety Reauirrnents and Licensina and Reaistration Procedures for in ustrial Radicaraohv. The proposed regulation was reviewed by comparison to the equiv lent regulation,10 CFR Part 34. l l

As a result of our review, we have one comment about the dr t regulation that should be corrected before it is published in final. If the suggested cha e is made, the regulation would meet the compatibility and health and safety categories esta ished in OSP Internal Procedure B.7. Our comment is provided at Enclosure 1.

Thank you for providing us with a highlighted copy of your p oposed regulation and self identifying the compatibility levels in the rule comments. Y Jr work made the review a lot i casier and faster. We request that when this suggested S te regulation is published as a final regulation, a copy of the "as published" regulation be provi d to us for review. As requested in our All Agreement States Letter SP-96-027,"Reauest to H hiiaht Chanaes to Aareem.ent State Reaulations Submitted to NRC for Compatibility Review"(@ arch 1,1996), please highlight any final changes and send one copy in a computer readable format, if possible.

If you have any questions, please contact me or Jim Mye s of my staff at (301) 415-2328 or JHM @ NRC. GOV.

Sin -rely, Pa Ji H. Lohaus, Deputy Director Of ice of State Programs

Enclosure:

As stated Distribution:

DlR RF (8S310) DCD (SP08)

SDroggitis PDR (YES_/_ NO )

Texas File DOCUMENT NAME: G:\JHMiTEXREGS T+ receive a copy of this document, indicate in the box: . "C" = Copy without attachment nclosure "E* = Copy with attachment / enclosure *N' = No copy OFFICE OSP op l OSP:DD l / OGC l OSP:D l l NAME JMyers:nb d PHLohaus F(fameron RLBangart DATE 12/ p /98 12/ /98 / 12/ /98 12/ /98 OSP FILE CODE: SP-AG-27

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