ML21209B000

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07-29-21 Letter to Brian Vamvakias Re Final Regulations to Rats Id 2015-3 2015-4 and 2015-5 and Proposed Regulations to Rats Id 2018-1 2018-2 2018-3 2019-1 2019-2 and 2020-2
ML21209B000
Person / Time
Issue date: 07/29/2021
From: Brian Anderson
NRC/NMSS/DMSST/ASPB
To: Vamvakias B
State of TX, Dept of State Health Services
Ohara J
Shared Package
ML21182A323 List:
References
Download: ML21209B000 (31)
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Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Brian Vamvakias, Radiation Unit Manager Policy, Standards, and Quality Assurance Section Consumer Product Division Texas Department of State Health Services P.O. Box 149347 Austin, TX 78714-9347

Dear Mr. Vamvakias:

We have reviewed the proposed and final revisions to the Texas Regulations for Control of Radiation, 25 Texas Administrative Code (TAC), §289.252 relating to Licensing of Radioactive Material, §289.256 relating to Medical and Veterinary Use of Radioactive Material, and

§289.257 relating to Packaging and Transportation of Radioactive Material, received by our office on June 16, 2021. These regulations were reviewed by comparison to the equivalent U.S.

Nuclear Regulatory Commission (NRC) rules and Regulation Amendment Tracking System Identification Number(s) (RATS ID) 2015-3, 2015-4, 2015-5, 2018-1, 2018-2, 2018-3, 2019-1, 2019-2, and 2020-2 as identified in the enclosed State Regulation Status (SRS) Data Sheet.

We discussed our review of the regulations with you on July 27, 2021.

As a result of our review, we have 13 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 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 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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.

July 29, 2021

B. Vamvakias 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 Michelle Beardsley, State Regulation Review Coordinator, at (301) 415-0275 (michelle.beardsley@nrc.gov) or Stephen Poy at (301) 415-7135 (stephen.poy@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. Texas SRS Data Sheet Signed by Anderson, Brian on 07/29/21

ML21182A323 pkg and ML21203A330 letter OFFICE SALB SALB OGC SALB:BC NAME SPoy JOHara

[Legal Counsel]

BAnderson DATE 7/22/21 7/22/21 N/A 7/29/2021

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

§289.256 (l)

§ 35.57 2018-1 B

Training for experienced Radiation Safety Officer, teletherapy or medical physicist, authorized medical physicist, authorized user, nuclear pharmacist, and authorized nuclear pharmacist.

Section 289.256(l)(5)(A) states, permit issued by an NRC master material license of broad scope on or before October 24, 2005, need not comply with the training requirements of subsections (jj) through (ttt) of this section.

The above statement needs to include reference to the equivalent of 10 CFR 35.190.

The above needs to replace the reference to subsection jj with a reference to subsection gg such that the above statement reads, permit issued by an NRC master material license of broad scope on or before October 24, 2005, need not comply with the training requirements of subsections (gg) through (ttt) of this section Section 289.256(l)(5)(B) states, permit issued by an NRC master material licensee, a permit issued by the department, the NRC, or an agreement state broad scope licensee, or a permit issued by an NRC master material license of broad scope on or before October 24, 2005, need not comply with the training requirements of subsections (jj) through (ttt) of this section The above statement needs to include reference to the equivalent of 10 CFR 35.190.

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS The above needs to replace the reference to subsection jj with a reference to subsection gg such that the above statement reads, permit issued by an NRC master material licensee, a permit issued by the department, the NRC, or an agreement state broad scope licensee, or a permit issued by an NRC master material license of broad scope on or before October 24, 2005, need not comply with the training requirements of subsections (gg) through (ttt) of this section Section 289.256(l)(5)(C) states, Physicians, dentists, or podiatrists who used only accelerator-produced radioactive materials, discrete sources of radium-226, or both, for medical uses performed at a government agency or federally recognized Indian Tribe before November 30, 2007, or at all other locations of use before August 8, 2009, or an earlier date as noticed by the NRC, need not comply with the training requirements of subsections (jj) through (ttt)

The above statement needs to include reference to the equivalent of 10 CFR 35.190.

The above needs to replace the reference to subsection jj with a reference to subsection gg such that the above statement reads, Physicians, dentists, or podiatrists who used only accelerator-produced radioactive materials, discrete sources of radium-226, or both, for medical uses performed at a government agency or federally recognized Indian Tribe before November 30, 2007, or at all other locations of use before August 8, 2009, or an earlier date as noticed by the NRC, need not comply with the

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS training requirements of subsections (gg) through (ttt)

Texas needs to make the above changes to meet the Compatibility Category B designation assigned to 10 CFR 35.57.

2

§289.256 (gg)

§ 35.190 2018-1 B

Training for uptake, dilution, and excretion studies.

Section 289.256 (gg)(3)(B) states, has obtained written attestation that the individual has satisfactorily completed the requirements in this paragraph and Texas needs to replace the reference to this paragraph in the above statement to a reference to Section 289.256 (gg)(1)(B)(3) such that it reads, has obtained written attestation that the individual has satisfactorily completed the requirements in paragraph Section 289.256 (gg)(1)(B)(3)and Section 289.256 (gg)(3)(B)(ii) states,

... The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.

Texas needs to replace the reference to this paragraph in the above statement to a reference to Section 289.256 (gg)(1)(B)(3) such that it reads,... The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in the paragraph in Section 289.256 (gg)(1)(B)(3).

Texas needs to make the above changes to meet the Compatibility Category B designation assigned to 10 CFR 35.190.

3

§289.256 (ii)

§ 35.204 2018-1 H&S Permissible molybdenum-99, strontium-82, and strontium-85 concentrations Section 289.256 (ii) states, The licensee shall report any measurement that exceeds the limits in paragraph (1) of this subsection at the time of generator elution, in accordance with subsection (xxx) of this section.

Texas section 289.256 (www) is the equivalent to 10 CFR 35.3204. Texas needs to replace the reference to subsection (xxx) in the above statement with a reference to subsection (www) such that the above reads, The licensee shall report any measurement that exceeds the limits in paragraph (1) of this subsection at the time of generator elution, in accordance with subsection (www) of this section..

Texas needs to make the above changes to meet the Compatibility Category H&S designation assigned to 10 CFR 35.204.

4

§289.256 (jj)

§ 35.290 2018-1 B

Training for imaging and localization studies Section 289.256 (jj)(3)(B) states, has obtained written attestation that the individual has satisfactorily completed the requirements in paragraph (3)(A) of this subsection

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Texas needs to replace the reference to paragraph (3)(A) with a reference to paragraph (3) such that the above statement reads, has obtained written attestation that the individual has satisfactorily completed the requirements in paragraph (3) of this subsection Section 289.256 (jj)(3)(B)(ii) states, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.

Texas needs to replace the reference to this paragraph to a reference to the paragraph 289.256 (jj)(3) such that the above statement reads, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in the paragraph 289.256 (jj)(3)

Texas needs to make the above changes to meet the Compatibility Category B designation assigned to 10 CFR 35.290.

5

§289.256 (nn)(1) and (nn)(2)

(A)(ii)(VI) and (nn)(2)(B)

§ 35.390 2018-1 B

Training for use of unsealed byproduct material for which a written directive is required Section 289.256(nn)(2)(B)(ii) states, A residency program director who

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in subsections (l) or (kk) of this section, or equivalent NRC or agreement state requirements, Texas needs to replace the phrase with references to subsections (l) and (kk) with references to to subsection (l) and (nn) such that the above statement reads, A residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in subsections (l) or (nn) of this section, or equivalent NRC or agreement state requirements Section 289.256(nn)(2)(B)(ii) states, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.

Texas needs to replace the reference to this paragraph in the statement above with a reference to paragraph (2) of this section such that the above reads, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Osteopathic Association and must include training and experience specified in paragraph (2) of this section.

Texas needs to make the above changes to meet the Compatibility Category B designation assigned to 10 CFR 35.390.

6

§289.256 (oo)

§ 35.392 2018-1 B

Training for the oral administration of sodium iodide I-131 requiring a written directive in quantities less than or equal to 1.22 gigabecquerels (33 millicuries) 289.256 (oo)(3)(B)(ii) states, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.

Texas needs to replace the reference to this paragraph in the above statement with a reference to paragraph (3) of this section such that the above reads, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in paragraph (3) of this section.

Texas needs to make the above changes to meet the Compatibility

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Category B designation assigned to 10 CFR 35.392.

7

§289.256 (pp)

§ 35.394 2018-1 B

Training for the oral administration of sodium iodide I-131 requiring a written directive in quantities greater than 1.22 gigabecquerels (33 millicuries)

Section 289.256 (pp)(3)(B)(ii) states, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph. Texas needs to replace the reference to this paragraph in the above statement with a reference to paragraph (3) of this section such the the above statement reads, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in paragraph (3) of this section.

Texas needs to make the above changes to meet the Compatibility Category B designation assigned to 10 CFR 35.394.

8

§289.256 (qq)

§ 35.396 2018-1 B

Training for the parenteral administration of unsealed byproduct material requiring a written directive Section 289.265(qq)(2)(C)(i) states, a preceptor authorized user who meets the requirements of subsection (l) of

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS this section, subsection (nn) of this section, or this subsection, or equivalent NRC or agreement state requirements, and shall have experience in administering dosages in the same category or categories as the individual requesting authorized user status; or Texas needs to replace the phrase above, and shall have experience in administering dosages in the same category or categories as the individual requesting authorized user status; or with the phrase, A preceptor authorized user who meets the requirements in subsection (nn) of this section, this section, or equivalent Agreement State requirements, must have experience in administering dosages in the same category or categories as the individual requesting authorized user status; or such that the above reads, a preceptor authorized user who meets the requirements of subsection (l) of this section, subsection (nn) of this section, or this subsection, or equivalent NRC or agreement state requirements. A preceptor authorized user who meets the requirements in subsection (nn) of this section, this section, or equivalent Agreement State requirements, must have experience in administering dosages in the same category or categories as the individual requesting authorized user status; or Section 289.265(qq)(2)(C)(ii) states, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph.

Texas needs to replace the reference to this paragraph in the above statement with a reference to paragraph (2) of this section such that the above reads, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in paragraph (2) of this section.

Texas needs to make the above changes to meet the Compatibility Category B designation assigned to 10 CFR 35.396.

9

§289.256 (ccc)

§ 35.590 2018-1 B

Training for use of sealed sources and medical devices for diagnosis.

Section 289.256(ccc)(1) states, is certified by a specialty board whose certification process includes all of the requirements of paragraphs (2) and (3) of this subsection Texas needs to replace references to paragraphs (2) and (3) above with references to (3) and (4) such that the above statement reads, is certified by a specialty board whose certification process includes all of the requirements of paragraphs (3) and (4) of this subsection Texas needs to make the above changes to meet the Compatibility

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Category B designation assigned to 10 CFR 35.590.

10

§289.256 (ttt)

§ 35.690 2018-1 B

Training for use of remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units Section 289.256 (ttt)(2)(A)(ii) states, 500 hours0.00579 days <br />0.139 hours <br />8.267196e-4 weeks <br />1.9025e-4 months <br /> of work experience, under the supervision of an authorized user who meets the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements at a medical facility that is authorized to use radioactive material Texas needs to include a reference to the equivalent of 10 CFR 35.600 (section 289.256 (ddd) in the above statement such that the above reads, 500 hours0.00579 days <br />0.139 hours <br />8.267196e-4 weeks <br />1.9025e-4 months <br /> of work experience, under the supervision of an authorized user who meets the requirements of subsection (l) of this section, this subsection, or equivalent NRC or agreement state requirements at a medical facility that is authorized to use radioactive material in section 289.256 (ddd)

Section 289.256 (ttt)(2)(B)(ii) states, The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in this paragraph; Texas needs to replace the reference to this paragraph in the above statement to paragraph 2(A) of this section such that the above statement reads, The residency

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in paragraph 2(A) of this section Texas needs to make the above changes to meet the Compatibility Category B designation assigned to 10 CFR 35.690.

11

§289.256 (uuu)

§ 35.3045 2018-1 C

Report and notification of a medical event Section 289.256 (uuu) states, The licensee shall report any event, except for an event that results from patient intervention Texas needs to include the phrase as a medical event in the above statement such that the above reads, The licensee shall report any event as a medical event, except for an event that results from patient intervention Texas needs to make the above changes to meet the Compatibility Category C designation assigned to 10 CFR 35.3045.

12

§289.202 (xx) or (ww)-

(bbb)

§ 34.101(c) 2018-3 C

Notifications Texas omits their equivalent regulations to 10 CFR 34.101.

Texas needs to provide their equivalent to 10 CFR 34.101 for review to meet the Compatibility Category C designation assigned to 10 CFR 34.101.

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 13

§289.257(q)

§ 71.97(c)(3) 2018-3 B

Advance notification of shipment of irradiated reactor fuel and nuclear waste Section 289.257(q)(4)(c)(iii) states, A list of the names and mailing addresses of the governors' designees and Tribal officials' designees of participating Tribes is available on request from the Director, Division of Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Texas needs to replace the reference to Division of Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs with a reference to Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards such that the above phrase reads, A list of the names and mailing addresses of the governors' designees and Tribal officials' designees of participating Tribes is available on request from the Director, Division of Materials Safety, Security, State, and Tribal Programs,

Office of Nuclear Material Safety and Safeguards, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Texas needs to make the above change in order to meet the Compatibility Category B designation assigned to 10 CFR 71.97.

STATE REGULATION STATUS State: Texas Department of State Health Services Tracking Ticket Number: 21-36 Date: July 29, 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 ML051520266 No Comments 10/31/2005 ML053050013 Texas 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 Not Required Not Required Texas 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 11/06/1997 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 10/15/1994 Final ML052060129 No Comments 09/29/2005 ML052720491 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995 Not Required Not Required Texas has adopted Final Regulations equivalent to RATS ID:

2002-2.

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

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, 40 58 FR 39628 10/25/1996 Final ML052060129 Revised Final ML18234A459 Comments 09/29/2005 ML052720491 No Comments 10/16/2018 ML18234A448 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Final ML051520266 No Comments 08/12/2005 ML052280032 1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Not Applicable Not Applicable Texas DSHS does not have responsibility for these regulations.

See SRS sheet for Texas CEQ.

1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 none Final ML062860025 No Comments 11/21/2006 ML063200232 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 Texas CEQ Responsibility 1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40, 70 59 FR 36026 08/15/1997 Final ML052060129 No Comments 09/29/2005 ML052720491 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 Final No Comments 03/17/1999

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 ML051520266 No Comments 10/31/2005 ML053050013 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 03/01/1998 Final ML112510357 No Comments 11/22/2011 ML113000228 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Final ML051520266 No Comments 10/31/2005 ML053050013 Texas has adopted Final Regulations equivalent to RATS ID:

1997-5.

1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19, 20 60 FR 36038 08/14/1998 Final No Comments 03/17/1999 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40, 70 60 FR 38235 11/24/1998 Final ML052060129 No Comments 09/29/2005 ML052720491 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 Final ML051520266 No Comments 10/31/2005 ML053050013 Texas has not yet adopted Final Regulations equivalent to RATS ID:

2005-2.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999 Final ML052060129 Comments 09/29/2005 ML052720491 Texas has adopted Final Regulations equivalent to RATS ID:

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 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, 70 61 FR 24669 06/17/1999 Final ML062860025 No Comments 11/21/2006 ML063200232 Part 30 only. Part 61 applies to TXCEQ.

1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Final No Comments 07/07/2000 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 ML063030232 No Comments 11/27/2006 ML063200389 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20, 35 62 FR 4120 05/29/2000 Final No Comments 07/07/2000 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)

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, 150 62 FR 28947 06/27/2000 Final No Comments 07/07/2000 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40, 70 62 FR 39057 08/20/2000 Final No Comments 07/07/2000 1997-7 Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 Final ML052060129 No Comments 09/29/2005 ML052720491 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 02/12/2001 Final ML063030232 No Comments 11/27/2006 ML063200389 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 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)

Texas has adopted Final Regulations equivalent to RATS ID:

2002-2.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Final ML093110052 No Comments 01/21/2010 ML093520035 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 No Comments 07/07/2000 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 Final No Comments 07/07/2000 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable Texas CEQ Responsibility 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 Final ML062750348 No Comments 11/21/2006 ML063200232 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 Final ML051520266 No Comments 11/30/2006 ML063340007

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2000-2 New Dosimetry Technology Parts 34, 36, 39 65 FR 63750 01/08/2004 Final ML093110052 No Comments 01/21/2010 ML093520035 2001-1 Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 02/16/2004 Final ML120650638 No Comments 04/02/2012 ML120660270 Note: See RATS ID 2012-1 for the changes of compatibility review.

2002-1 Revision of the Skin Dose Limit Part 20 67 FR 16298 04/05/2005 Final ML102240370 No Comments 11/19/2010 ML102740009 2002-2 Medical Use of Byproduct Material Parts 20, 32, 35 67 FR 20249 10/24/2005 R1 ML14258B117 Final ML15078A299 Comments 12/16/2014 ML14258A158 No Comments 05/26/2015 ML15078A285 2003-1 Financial Assurance for Materials Licensees Parts 30, 40, 70 68 FR 57327 12/03/2006 Final ML112510357 No Comments 11/22/2011 ML113000228 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 R1 ML14258B117 Final ML15078A299 No Comments 12/16/2014 ML14258A158 No Comments 05/26/2015 ML15078A285

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 Final ML093110052 No Comments 01/21/2010 ML093520035 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 R1 ML14258B117 Final ML15078A299 No Comments 12/16/2014 ML14258A158 No Comments 05/26/2015 ML15078A285 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML052240226 No Comments 12/12/2005 ML053420404 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 R1 ML14258B117 Final ML15078A299 Comments 12/16/2014 ML14258A158 No Comments 05/26/2015 ML15078A285 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Final ML093110052 No Comments 01/21/2010 ML093520035 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 Final ML093110052 No Comments 01/21/2010 ML093520035

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Final ML102240370 No Comments 11/19/2010 ML102740009 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 Final ML15078A299 Revised Final ML15300A187 Revised Final ML16076A353 Revised Final ML18234A459 Comments 05/26/2015 ML15078A285 No Comments 02/08/2016 ML15300A167 Comments 06/16/2016 ML16076A350 No Comments 10/16/2018 ML18234A448 2007-3 Requirements for Expanded Definition of Byproduct Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 11/30/2010 Final ML15078A299 Revised Final ML15300A187 Revised Final ML16076A353 Revised Final ML18234A459 Comments 05/26/2015 ML15078A285 Comments 02/08/2016 ML15300A167 Comments 06/16/2016 ML16076A350 Comments 10/16/2018 ML18234A448

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 ML080350004 No Comments 02/13/2008 ML080440203 2008-1 Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 02/15/2011 Final ML112510357 No Comments 11/22/2011 ML113000228 2009-1 Medical Use of Byproduct Material - Authorized User Clarification Part 35 74 FR 33901 09/28/2012 Final ML112510357 No Comments 11/22/2011 ML113000228 2011-1 Decommissioning Planning Parts 20, 30, 40, and 70 76 FR 35512 12/17/2015 Proposed ML16218A245 Final ML16321A333 Proposed ML18162A279 Final ML18319A068 Comment 09/10/2016 ML16218A244 Comment 01/18/2017 ML16321A324 Comment 6/19/2018 ML18162A244 No Comments 12/07/2018 ML18317A175 The ADAMS package and associated documents incorrectly characterize this submission as revised final regulations instead of proposed regulations.

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 11/14/2014 Proposed ML14258B117 Final ML15078A299 Revised Final ML15300A187 Revised Final ML16076A353 Revised Final ML18234A459 No Comments 12/16/2014 ML14258A158 Comments 05/26/2015 ML15078A285 Comment 02/08/2016 ML15300A167 Comments 06/16/2016 ML16076A350 No Comments 10/16/2018 ML18234A448 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule text) 77 FR 3640 01/25/2015 Final ML120650638 No Comments 04/02/2012 ML120662702012-2 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 08/10/2015 Proposed ML14258B117 Final ML15078A299 No Comments 12/16/2014 ML14258A158 No Comments 05/26/2015 ML15078A285

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2012-3 Technical Corrections Part 30, 34, 40 and 71 77 FR 39899 08/06/2015 Proposed ML14258B117 Final ML15078A299 No Comments 12/16/2014 ML14258A158 No Comments 05/26/2015 ML15078A285 2012-4 Requirements for Distribution of Byproduct Material Parts 30, 31, 32, 40 and 70 77 FR 43666 10/23/2015 Proposed ML14258B117 Final ML15078A299 Revised Final ML15300A187 Revised Final ML16076A353 Revised Final ML18234A459 Comments 12/16/2014 ML14258A158 Comments 05/26/2015 ML15078A285 Comment 02/08/2016 ML15300A167 Comments 06/16/2016 ML16076A350 No Comments 10/16/2018 ML18234A448 2013-1 Physical Protection of Byproduct Material, 10 CFR Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 03/19/2016 Proposed ML15300A238 Final ML16076A353 Comments 12/01/2015 ML15300A222 No Comments 06/16/2016 ML18076A350

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions, 10 CFR Parts 30, 40, and 70 78 FR 32310 08/27/2016 Proposed ML15300A238 Final ML16076A353 Revised Final ML18234A459 No Comments 12/01/2015 ML15300A222 Comments 06/16/2016 ML16076A350 No Comments 10/16/2018 ML18234A448 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 ML15300A238 Final ML16076A353 No Comments 12/01/2015 ML15300A222 No Comments 06/16/2016 ML16076A350 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 ML15300A238 Final ML16076A353 No Comments 12/01/2015 ML15300A222 No Comments 06/16/2016 ML16076A350

  • 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018

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

  • 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 ML21182A354 Comments 07/29/2021 ML21182A323
  • 2018-2 Miscellaneous Corrections -

Organizational Changes Parts 37, 40. 70 and 71 12/21/2021 Proposed ML21182A354 No Comments 07/29/2021 ML21182A323

  • 2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022 Proposed ML21182A354 Comments 07/29/2021 ML21182A323
  • 2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 Proposed ML21182A354 No Comments 07/29/2021 ML21182A323

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

  • 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 Proposed ML21182A354 No Comments 07/29/2021 ML21182A323 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023
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