June 9, 2003

Ms. M. Sue Semerena, Administrator

Consumer Health Services

Nebraska Health and Human Services System

Department of Regulation and Licensure

301 Centennial Mall South, P.O. Box 95007

Lincoln, NE 68509-5007

Dear Ms. Semerena:

We have reviewed the final revisions to the Nebraska Regulations for Control of RadiationIonizing (Title 180), Nebraska Administrative Code, received by our office on May 29, 2003. In

addition, we reviewed your responses to our letters, dated October 18, 2002, which contained

our comment on your proposed version of these rules. These regulations were reviewed by

comparison to the equivalent NRC regulations in 10 CFR Part 20, 30, 31, 34, 36, and 39. We

discussed our review of the regulations with Ms. Trudy Hill on June 5, 2003.

As a result of our review, we have no comments. Please note that we have limited our review

to regulations required for compatibility and/or health and safety. As a result of the NRC

review, we have determined that the regulations, as adopted, meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Nebraska 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 STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

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 me, or John Zabko

of my staff at (301)415-2308 or JGZ@NRC.GOV. 

Sincerely,

/RA by Scott Flanders for/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
June 9, 2003

Ms. M. Sue Semerena, Administrator

Consumer Health Services

Nebraska Health and Human Services System

Department of Regulation and Licensure

301 Centennial Mall South, P.O. Box 95007

Lincoln, NE 68509-5007

Dear Ms. Semerena:

We have reviewed the final revisions to the Nebraska Regulations for Control of RadiationIonizing (Title 180), Nebraska Administrative Code, received by our office on May 29, 2003. In

addition, we reviewed your responses to our letters, dated October 18, 2002, which contained

our comment on your proposed version of these rules. These regulations were reviewed by

comparison to the equivalent NRC regulations in 10 CFR Part 20, 30, 31, 34, 36, and 39. We

discussed our review of the regulations with Ms. Trudy Hill on June 5, 2003.

As a result of our review, we have no comments. Please note that we have limited our review

to regulations required for compatibility and/or health and safety. As a result of the NRC

review, we have determined that the regulations, as adopted, meet the compatibility and health

and safety categories established in the Office of State and Tribal Programs (STP) Procedure

SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Nebraska 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 STP website: http://www.hrsd.ornl.gov/nrc/rulemaking.htm.

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 me, or John Zabko

of my staff at (301)415-2308 or JGZ@NRC.GOV. 

Sincerely,

/RA by Scott Flanders for/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated

Distribution:

DIR RF (3-133) DCD (SP08)

OSiurano, ASPO PDR (YES)

BUsilton

Nebraska File RESPONSE TO INCOMING DOCUMENTS: PKG ML031500771 

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML031610005.wpd

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 STP STP OGC STP: DD

NAME PMcGrady-Finneran* JZabko*: STreby* JPiccone (SFlanders

for)*

DATE 06/03/03 06/03/03 06/05/03 06/09/03

ML031610005 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Nebraska[6 amendments reviewed are identified by a  at Tracking Ticket Num

the beginning of each equivalent NRC regulation.] Date: June 9, 2003

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review / Y, N2 / Date /

ML #4

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 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; (1/1/94)

1991-3 10/7/97 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures fromManufacturer’s Instructions-Parts 30, 35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F

ML022800655

N 10/18/02ML022960258

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F

ML022800655

N 10/18/02ML022960258

Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-Part 40

59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F

ML022800655

N 10/18/02ML022960258

Preparation, Transfer for Commercial Distribution, and Use of ByproductMaterial for Medical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F

ML022800655

N 10/18/02ML022960258

Frequency of Medical Examinations for Use of Respiratory ProtectionEquipment-Part 20 

60 FR 7900; (3/13/98) 1995-2 F N

5/19/99

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F N

5/19/99

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F

ML003763184

N 2/1/01ML010330318
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review / Y, N2 / Date /

ML #4

Radiation Protection Requirements: Amended Definitions and Criteria-Parts19, 20 

60 FR 36038; (8/14/98) 1995-5 F N

5/19/99

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F

ML022800566

N 10/18/02ML022960258

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F

ML022800655

N 10/18/02ML022960258

10 CFR Part 71: Compatibility with the International Atomic Energy AgencyPart 71 60 FR 50248; 61 FR 28724 (4/1/99) 1996-1 FML003763184 N 2/1/01 ML010330318 

One Time Extension of Certain Byproduct, Source and Special NuclearMaterials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: RecordkeepingRequirements-Parts 20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 F

ML022800655

N 10/18/02ML022960258

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials;Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML003763184

N 2/1/01ML010330318

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F

ML003763184

N 2/1/01ML010330318

Criteria for the Release of Individuals Administered Radioactive MaterialParts 20, 35 62 FR 4120; (5/29/00) 1997-3 FML022800655 N 10/18/02 ML022960258 

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 

Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F

ML003763184

N 2/1/01ML010330318

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML011130396

N 07/20/01ML012010439

Exempt Distribution of a Radioactive Drug Containing One Microcurie ofCarbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F

ML003763184

N 2/1/01ML010330318

 Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71,

150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1 F

ML031500771

N 6/09/03ML031610005

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-BondIssuing Licensees- Parts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements forIndustrial Radiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F

ML003763184

N 2/1/01ML010330318
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule / ML #5

NRC Review / Y, N2 / Date /

ML #4

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final 

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p

1995. 

5. ADAMS ML Number

 Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts

20, 35, 36

63 FR 39477; 63 FR 45393(10/26/01)

1998-5 F

ML031500771

N 6/09/03ML031610005

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 F

ML022800655

N 10/18/02ML022960258

Radiological Criteria for License Termination of Uranium Recovery FacilitiesPart 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

 Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524 (2/2/03) 1999-3 FML031500771 N 6/09/03 ML031610005  Energy Compensation Sources for Well Logging and Other Regulatory

Clarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F

ML031500771

N 6/09/03ML031610005

 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML031500771

N 6/09/03ML031610005

 Requirements for Certain Generally Licensed Industrial Devices

Containing Byproduct Material - Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 F

ML031500771

N 6/09/03ML031610005

Revision of the Skin Dose Limit -Part 20 67 FR 16298; (4/5/05) 2002-1Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2