ML20330A193

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1/25/2021 Letter to K. Steves Kansas Proposed Regulations to Rats Id 2015-3
ML20330A193
Person / Time
Issue date: 01/25/2021
From: Brian Anderson
NRC/NMSS/DMSST
To: Steves K
State of KS, Dept of Health & Environment
Beardsley M
Shared Package
ML20303A269 List:
References
RATS ID 2015-3
Download: ML20330A193 (23)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 25, 2021 Ms. Kimberly Steves, Director Kansas Radiation Control Program Kansas Department of Health and Environment 1000 SW Jackson Suite 330 Topeka, KS 66612

Dear Ms. Steves:

We have reviewed the proposed revisions to the Kansas Administrative Regulations in various sections of §28-35-135, §28-35-196a, §28-35-221b, §28-35-282, §28-35-500, §28-35-504a, and

§28-35-505, received by our office on October 27, 2020. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and Regulation Amendment Tracking System Identification Number (RATS ID) 2015-3 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on January 15, 2021.

As a result of our review, we have ten 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 Kansas 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 Kansas 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 Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.

We request that when the proposed regulations are adopted and published as final regulations, a copy of the as published regulations be provided to us for review. As requested in NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes, and provide a copy to Division of Materials Safety, Security, State, and Tribal Programs, NMSS.

The SRS Data Sheet summarizes our knowledge of the status of other Kansas 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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.

K. Steves 2

If you have any questions regarding the review results, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator, at (267) 884-2305 (Michelle.Beardsley@nrc.gov) or Joe OHara at (240) 808-0546 (Joe.OHara@nrc.gov).

Sincerely, Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comments
2. Kansas SRS Data Sheet Brian C.

Anderson Digitally signed by Brian C. Anderson Date: 2021.01.25 15:10:24 -05'00'

ML20303A269 pkg and ML20330A193 letter OFFICE SALB NMSS/SALB OGC NMSS/SALB NAME JOHara MBeardsley JOlmstead BAnderson DATE 11/20/20 11/23/20 1/15/21 1/25/21

COMPATIBILITY COMMENTS ON KANSAS PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1

Multiple 10 CFR Part 71 2015-3 Multiple General comment As written, certain Kansas equivalent provisions to 10 CFR Part 71 contain requirements which can create conflicts, duplications, gaps, or other conditions that jeopardize an orderly pattern in the regulation of agreement material.

As general guidelines:

a. Kansas should not have written equivalent regulations for those that they adopt by reference (e.g., see comment 8);
b. All regulations that are Compatibility Categories A, and B need to be written essentially identical or verbatim to NRC regulations.

If State law prohibits the use of certain language or editorial styles, the State needs to provide an explanation in their cross reference document (e.g., see comments 2, 3, 4 and 5;

c. Any references cited within the regulations should be direct and specific so that the licensee does not have to determine which apply (e.g.,

see comment 4).

Please note that the examples above are not all inclusive, therefore Kansas should review their regulations for other instances, and revise or correct them to be compatible with NRCs regulations.

2

§28 135l(p)

§71.4 2015-3 B

Definition:

Low Specific

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Activity (LSA) material Kansas omitted the reference to

§71.77, in Qualification of LSA-III Material, from their regulations.

Kansas needs to reference 10 CFR 71.77 in their definition Kansas §28-35-135l(p)(1)(C) has and instead of or. Kansas needs to change the regulation to be consistent with §71.4 definition of Low Specific Activity (LSA) material.

Kansas §28-35-135l(p)(D)(2)(A) uses and instead of or. KS needs to change the regulation to be consistent with §71.4 definition of Low Specific Activity (LSA) material.

Kansas §28-35-135l(p)(D)(2)(B) has or at the end of the sentence which should be deleted to be consistent with §71.4 definition of Low Specific Activity (LSA) material.

Kansas §28-35-135l(p)(D)(3)(B) should have an and at the end of the sentence. Kansas needs to change the regulation to be consistent with

§71.4 definition of Low Specific Activity (LSA) material Kansas needs to reference 10 CFR 71.77 in their definition and change the words as noted above in order to meet the Compatibility Category B designation assigned to 10 CFR 71.4, Definition of Low Specific Activity (LSA) material.

3

§28 135s(z)(2)

§ 71.4 2015-3 B

Definition: Special form radioactive material Kansas proposed definition of special form radioactive material contains the words as in effect on August 19, 2020 in reference to 10 CFR 71.75.

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS This date statement is not found in the NRCs regulations and should be omitted.

Kansas needs to remove the words as in effect on August 19, 2020 from their regulations in order to meet the Compatibility Category B designation assigned to 10 CFR 71.4, Definition of Special form radioactive material.

4

§28 196a(a)(1)

§71.14(a)(1) -

(a)(3) 2015-3 B

Exemption for low-level materials Kansas has omitted the following requirements of 10 CFR 71.14 (a)(1)

- (a)(3) from their regulations which states:

1) Natural material and ores containing naturally occurring radionuclides that are either in their natural state, or have only been processed for purposes other than for the extraction of the radionuclides, and which are not intended to be processed for the use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the applicable radionuclide activity concentration values specified in appendix A, Table A-2, or Table A-3 of this part.

(2) Materials for which the activity concentration is not greater than the activity concentration values specified in appendix A, Table A-2, or Table A-3 of this part, or for which the consignment activity is not greater than the limit for an exempt consignment found in appendix A, Table A-2, or Table A-3 of this part.

(3) Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels cited in the definition of contamination in § 71.4.

Kansas states that this is covered in 28-35-196a(a)(1) which states, The

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS licensee complies with the applicable requirements of the regulations of the U.S. department of transportation and incorporated sections of 10 CFR Part 71 (relating to packaging and transportation of radioactive material) of the U.S. nuclear regulatory commission that are appropriate to the mode of transport and that are related to the packing of radioactive material, and to the monitoring, marking, and labeling of those packages, however this statement is vague and not essentially identical to 10 CFR 71.14 (a)(1) - (a)(3)

Kansas needs to submit equivalent regulations as noted above, or specify which NRC regulations are incorporated by reference in order to meet the Compatibility Category B designation assigned to 10 CFR 71.14 (a)(1) - (a)(3).

5 28 196a(a)(1)

§ 71.15(d) 2015-3 B

Exemption from classification as fissile material Kansas has omitted the following requirements of 10 CFR 71.15(d) from their regulations which states:

d) Uranium enriched in uranium-235 to a maximum of 1 percent by weight, and with total plutonium and uranium-233 content of up to 1 percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than 5 percent of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package.

Kansas omits equivalent regulations to 10 CFR 71.15(d). Kansas states that this is covered in 28 196a(a)(1) which states, The

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS licensee complies with the applicable requirements of the regulations of the U.S. department of transportation and incorporated sections of 10 CFR Part 71 (relating to packaging and transportation of radioactive material) of the U.S. nuclear regulatory commission that are appropriate to the mode of transport and that are related to the packing of radioactive material, and to the monitoring, marking, and labeling of those packages, however this statement is vague and not essentially identical to 10 CFR 71.15(d).

Kansas needs to submit equivalent regulations as noted above, or specify which NRC regulations are incorporated by reference in order to meet the Compatibility Category B designation assigned to 10 CFR 71.15(d) 6

§28-35-500

§28-35-500a

§71.17

§71.21 2015-3 2015-3 B

B General license: NRC approved package General license: Use of foreign approved package Kansas states that their licensees QAPs can be approved by the NRC or the department. Kansas needs to delete, the NRC since their licensees QAPs should be approved by their department, not the NRC.

Regarding Kansas equivalent provisions to 10 CFR 71.17(c)(3):

In section 28-35-500(c)(3), Kansas needs to add the following:

Submit in writing before the first use of the package to: ATTN: Document Control Desk, Director, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in

§ 71.1(a), the licensee's name and

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS license number and the package identification number specified in the package approval.

In addition, Kansas references part 15 of their regulations in §28 500(c)(2) and §28-35-500a(d)(2) rather than 10 CFR Part 71 subparts A, G, and H. Kansas did not provide part 15 as part of the review so it is unclear what is contained in part 15.

The review notes that 10 CFR Part 71 subpart H has been adopted by reference but there is no mention of 10 CFR Part 71 subparts A and G.

Kansas needs to either adopt the applicable sections of 10 CFR 71 subparts A and G by reference, or submit equivalent regulations.

Kansas needs to make the above changes in order to meet the Compatibility Category B designation assigned to 10 CFR 71.17 and 71.21.

7 28 504a(c)(1)

§71.85(a) - (c) 2015-3 NRC Preliminary determinations Kansas adopts by reference 10 CFR 71.85(a) - c in section 28 504a(c)(1). Since this is designated as Comptibility Category NRC, Kansas cannot adopt this regulation by reference.

Kansas needs to remove the adoption by reference of this regulation in section 28-35-504a(c)(1) in order to meet the Compatiblility Category NRC designation assigned to 10 CFR 71.85(a) - (c).

8

§28 504a(c)(1)

§ 71.85(d) 2015-3 NRC Preliminary determinations Kansas states in section §28 196a(a)(4)) that, (4) The licensee has ascertained, before the first use of any packaging for the shipment of licensed radioactive material, that the determinations in 10 C.F.R. 71.85(a)

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS through (c), as adopted in K.A.R. 28-35-504a, have been made. 10 CFR 71.85(a)-(c) is a Compatibility Category NRC and should not be adopted by Kansas.

Kansas needs to remove their equivalent regulations to 71.85(a)-(c) along with the phrase, adopted in K.A.R. 28-35-504a from their regulations.

Kansas needs to make the above changes in order to meet the Compatibility Category NRC designation assigned to 10 CFR 10 CFR 71.85(d).

9

§ 28 504(a)(b)

§ 28 504(a)(c)

§ 71.91(c) and (d) 2015-3 C

Records Kansas needs to replace the references in § 28-35-504(a)(b) to the NRC/Commission with their Agency information.

Kansas need to make these changes in order to meet Compatibility Category C designation assigned to 10 CFR 71.91(c) and (d).

10

§ 28 505(d)(3)

§ 28 282(d)(3)

§ 71.101(g)

§ 34.31(b) 2015-3 C

C Quality assurance requirements Kansas references § 28-35-282(d) in

§ 28-35-505(d)(3). § 28-35-282(d) is essentially the equivalent of NRC

§34.31(b).

Kansas omitted the sentence Replacement components shall meet design specifications or equivalent statement in § 28-35-282(d).

Kansas needs to add the sentence Replacement components shall meet design specifications or an equivalent statement in § 28 282(d) in order to meet the Compatibility Category C designation assigned to 10 CFR 71.101(g).

STATE REGULATION STATUS State: Kansas Tracking Ticket Number: 21-06 Date: 1/25/2021

[ # amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Final ML060940369 No Comments 05/18/2006 ML061370535 Kansas has adopted Final Regulations equivalent to RATS ID:

1997-5.

1991-2 ASNT Certification of Radiographers Part 34 56 FR 11504 (Superceded by 1997-5) none Final ML060940369 No Comments 05/18/2006 ML061370535 Kansas has adopted Final Regulations equivalent to RATS ID:

1997-5.

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 12/30/1997 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40 and 70 56 FR 64980; 10/15/1994 Final ML060940369 No Comments 05/18/2006 ML061370535 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995 Not Required Not Required Kansas has adopted Final Regulations equivalent to RATS ID:

2002-2.

1992-2 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions Parts 30 and 35 57 FR 45566 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

2 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1993-1 Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]

Parts 30 and 40 58 FR 39628 10/25/1996 Final No Comments 01/03/1997 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Final ML060940369 No Comments 05/18/2006 ML061370535 1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Not Applicable0F1 Not Applicable Kansas does not have any licensees subject to these regulations. (See SECY-95-112) 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40 and 70 58 FR 68726; 59 FR 1618 none Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1994-2 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards Part 40 59 FR 28220 07/01/1997 Not Applicable Not Applicable Kansas does not have authority to regulate this material under its Agreement.

1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40 and 70 59 FR 36026 08/15/1997 Final ML060940369 No Comments 05/18/2006 ML061370535 1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32 and 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Final ML060940369 No Comments 05/18/2006 ML061370535

3 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Final ML060940369 No Comments 05/18/2006 ML061370535 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20 and 61 60 FR 15649; 60 FR 25983 03/01/1998 Final ML060940369 No Comments 05/18/2006 ML061370535 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Final ML060940369 No Comments 05/18/2006 ML061370535 Kansas has adopted Final Regulations equivalent to RATS ID:

1997-5.

1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19 and 20 60 FR 36038 08/14/1998 Final ML060940369 No Comments 05/18/2006 ML061370535 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40 and 70 60 FR 38235 11/24/1998 Final ML060940369 No Comments 05/18/2006 ML061370535 1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 10/20/1998 Final ML060940369 No Comments 05/18/2006 ML061370535 Kansas has adopted Final Regulations equivalent to RATS IDs:

2002-2 and 2005-2.

1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999 Not Required Not Required Kansas has adopted Final Regulations equivalent to RATS ID:

2004-1.

4 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1996-2 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses Parts 30, 40 and 70 61 FR 1109 02/15/1999 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

1996-3 Termination or Transfer of Licensed Activities:

Record keeping Requirements Parts 20, 30, 40, 61 and 70 61 FR 24669 06/17/1999 Final ML060940369 No Comments 05/18/2006 ML061370535 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Final ML060940369 No Comments 05/18/2006 ML061370535 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 Final ML060940369 No Comments 05/18/2006 ML061370535 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20 and 35 62 FR 4120 05/29/2000 Final ML060940369 No Comments 05/18/2006 ML061370535 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superceded by 2004-1) 02/10/2000 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility. (See STP-97-078)

Kansas has adopted Final Regulations equivalent to RATS ID:

2004-1.

5 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71 and 150 62 FR 28947 06/27/2000 Final ML060940369 No Comments 05/18/2006 ML061370535 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40 and 70 62 FR 39057 08/20/2000 Final ML072010244 No Comments 08/30/2007 ML072390354 1997-7 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 Final ML060940369 No Comments 05/18/2006 ML061370535 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71 and 150 63 FR 1890; 63 FR 13773 02/12/2001 Final ML060940369 No Comments 05/18/2006 ML061370535 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40 and 70 63 FR 29535 07/01/2001 Not Required Not Required These regulation changes are not required to be adopted for purposes of Compatibility.

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 regulation changes are not required to be adopted for purposes of Compatibility. (See STP-98-074)

Kansas has adopted Final Regulations equivalent to RATS ID:

1997-5.

1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Final ML060940369 No Comments 05/18/2006 ML061370535

6 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36 and 39 63 FR 39477; 63 FR 45393 10/26/2001 Final ML060940369 No Comments 05/18/2006 ML061370535 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Final ML060940369 No Comments 05/18/2006 ML061370535 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable Kansas does not have the authority to regulate this material under its Agreement.

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 regulation changes are not required to be adopted for purposes of Compatibility.

1999-3 Respiratory Protection and Controls to Restrict Internal Exposure Part 20 64 FR 54543; 64 FR 55524 02/02/2003 License Condition ML052510063 No Comments 09/22/2005 ML052660291 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Final ML072010244 No Comments 08/30/2007 ML072390354 2000-2 New Dosimetry Technology Parts 34, 36 and 39 65 FR 63750 01/08/2004 Final ML060940369 No Comments 05/18/2006 ML061370535

7 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31 and 32 65 FR 79162 02/16/2004 Final ML14164A208 No Comments 07/29/2014 ML14162A452 2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Final ML060940369 No Comments 05/18/2006 ML061370535 2002-2 Medical Use of Byproduct Material Parts 20, 32 and 35 67 FR 20249 10/24/2005 Final ML070851184 No Comments 04/23/2007 ML071140120 2003-1 Financial Assurance for Materials Licensees Parts 30, 40 and 70 68 FR 57327 12/03/2006 Final ML060940369 No Comments 05/18/2006 ML061370535 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 Final ML060940369 No Comments 05/18/2006 ML061370535 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 Final ML072010244 No Comments 08/30/2007 ML072390358 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 Final ML060940369 No Comments 05/18/2006 ML061370535 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML052650212 No Comments 09/27/2005 ML052650327

8 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 Final ML111470461 No Comments 06/14/2011 ML111390397 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Final ML072010244 No Comments 08/30/2007 ML072390354 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 Final ML072820581 No Comments 10/30/2007 ML073040008 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Final ML111470461 No Comments 06/14/2011 ML111390397 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32 and 150 72 FR 58473 12/17/2010 Final ML111470461 Revised Final ML20017A246 Comments 06/14/2011 ML111390397 No Comments 02/07/2020 ML20017A243 2007-3 Requirements for Expanded Definition of Byproduct Material Parts 20, 30, 31, 32, 33, 35, 61 and 150 72 FR 55864 11/30/2010 Final & License Condition ML111470461 Revised Final ML20017A246 Comments 06/14/2011 ML111390397 Comments 02/07/2020 ML20017A243

9 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 ML081270294 No Comments 05/14/2008 ML081350450 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19 and 20 72 FR 68043 02/15/2011 Final ML111470461 No Comments 06/14/2011 ML111390397 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML111470461 No Comments 06/14/2011 ML111390397 2011-1 Decommissioning Planning Parts 20, 30, 40 and 70 76 FR 35512 12/17/2015 Final ML17244A482 No Comments 11/13/2017 ML17244A478 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70 and 150 76 FR 56951 11/14/2014 Final ML17244A482 No Comments 11/13/2017 ML17244A478 2012-1 Change of Compatibility of Parts 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Final ML14164A208 No Comments 07/29/2014 ML14162A452

10 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 Final ML17244A482 Revised Final ML18162A266 Revised Final ML19350B289 Comments 11/13/2017 ML17244A478 Comments 07/31/2018 ML18162A252 No Comments 03/30/2020 ML19350A858 2012-3 Technical Corrections Parts 30, 34, 40 and 71 77 FR 39899 08/06/2015 Final ML17244A482 Revised Final ML18162A266 Revised Final ML19350B289 Comments 11/13/2017 ML17244A478 Comments 07/31/2018 ML18162A252 No Comments 03/30/2020 ML19350A858 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Final ML17244A482 Revised Final ML18162A266 Revised Final ML19350B289 Comments 11/13/2017 ML17244A478 Comments 07/31/2018 ML18162A252 Comments 03/30/2020 ML19350A858

11 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2013-1 Physical Protection of Byproduct Material Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 78 FR 16922 03/19/2016 Proposed ML15324A433 Proposed License Condition ML16021A424 Final ML17244A482 Revised Final ML18162A266 Revised Final ML19350B289 Comments 12/16/2015 ML15324A430 Comments 02/22/2016 ML16021A394 Comments 11/13/2017 ML17244A478 No Comments 07/31/2018 ML18162A252 No Comments 03/30/2020 ML19350A858 Part 37 only 2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions Parts 30, 40 and 70 78 FR 32310 08/27/2016 Final ML17244A482 Revised Final ML18162A266 Comments 11/13/2017 ML17244A478 No Comments 07/31/2018 ML18162A252 2015-1 Domestic Licensing of Special Nuclear Material -

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 Proposed ML19350B289 No Comments 03/30/2020 ML19350A858 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73 and 150 79 FR 58664, 80 FR 3865 01/28/2018 Proposed ML19350B289 No Comments 03/30/2020 ML19350A858

12 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

  • 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018
  • extended to 08/15/2020 See STC 17-060 Proposed ML20303A276 Comments 01/25/2021 ML20303A269 2015-4 Miscellaneous Corrections Parts 37 and 40 80 FR 45841 09/02/2018 Proposed ML19350B289 Comment 03/30/2020 ML19350A858 2015-5 Miscellaneous Corrections Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150 80 FR 74974 12/31/2018 Proposed ML19350B289 No Comments 03/30/2020 ML19350A858 2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments Parts 30, 32 and 35 01/14/2022 Proposed ML19350B289 No Comments 03/30/2020 ML19350A858 2018-2 Miscellaneous Corrections -

Organizational Changes Parts 37, 40. 70 and 71 12/21/2021 Proposed ML19350B289 No Comments 03/30/2020 ML19350A858 2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022 2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022

13 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 2020-2 Social Security Number Fraud Prevention 10 CFR Parts 9 and 35 08/17/2023 2020-3 Miscellaneous Corrections 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 11/16/2023 1 IMPEP Team: verify that Kansas does not have any licensees subject to these regulations during each review.