December 23, 2003

Mr. Stanley R. Marshall, Supervisor

Radiological Health Section

Bureau of Health Protection Services

Nevada State Health Division

1179 Fairview Drive, Suite 102

Carson City, NV 87901-5405

Dear Mr. Marshall: 

We have reviewed the final revisions to the Nevada Administrative Code Chapter 459

(Radiological Health Rules) officially adopted on May 30, 2003. The rules were submitted to the

Nuclear Regulatory Commission (NRC), via email from Larry Boschult, on November 12, 2003. 

In addition, we reviewed your responses to our letters, dated November 8, 2001, November 16,

2001, and July 30, 2003, which contained our comments on your proposed version of these rules. 

These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) regulations in 10 CFR Parts 20, 30, 31, 32, 34, 36, 39 and the requirements

of the 11 amendments identified in the enclosed States Regulation Status Data Sheet (SRS). 

We discussed our review of the regulations with Larry Boschult on December 16, 2003.

As a result of our review, we found that the State has incorporated the comments identified in the

NRC letters mentioned above and we have no comments, as reflected in the SRS sheets. In

addition, we reviewed the submitted rule text for the incorporation of the two most recently due

CFR amendments; “New Dosimetry Technology” (RATS ID 2000-2) and “Requirements for

Certain Generally Licensed Industrial Devices Containing Byproduct Material” (RATS ID 2001-1). 

We found the State has not incorporated the requirements of these two amendments. For

reference, the documents used for the comparison of State text to the required amendment text

is attached for your use. If the State has incorporated these items, and our review is in error,

please cite where the required text appears in the State’s rules and resubmit for review. 

In addition, it was not clear whether the State intended to submit this rule text for review against

these amendments from your submission email nor the outcome of the teleconference on

November 12, 2003. In the future, to avoid unnecessary reviews of your regulations, please use

the format as shown in the attached sample regulation review request letter. This sample letter

allows the State to specify which amendments are to be reviewed. 

Please note, that we have limited our review to regulations required for compatibility and/or health

and safety. The SRS Data Sheet summarizes our knowledge of other Nevada regulations. 

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

Web Site: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 
Stanley R. Marshall Page -2- December 23, 2003

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

any of the NRC regulations used in the review, please contact me or Lloyd Bolling at (301) 415-

2327 or lab@nrc.gov. 

Sincerely,

\RA By J. Piccone\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Stanley R. Marshall Page -2- December 23, 2003

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

any of the NRC regulations used in the review, please contact me or Lloyd Bolling at (301) 415-

2327 or lab@nrc.gov. 

Sincerely,

\RA By J. Piccone\

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution:

DIR RF (3-261) DCD (SP08) PDR (YES_)

RVirgilio BUsilton

Nevada File Response to Incoming Document: ML033210100

DOCUMENT NAME: C:\MyFiles\Copies\3-261.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 LBolling JZabko STreby JPiccone

DATE 12/2/03* 12/2/03* 12/15/03* 12/23/03*

ML033580078 OFFICIAL RECORD COPY
Date

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555-0001

Dear Ms. Piccone:

Enclosed is a copy of proposed revisions to the Nevada “State Regulations for Protection

Against Radiation” (SRPAR). The proposed revisions were made available for public comment 

and officially adopted on May 30, 2003. The proposed changes to Nevada’s Rules are

identified by red-line/strike out text and correspond to the following equivalent amendments to

NRC’s regulations.

Rats ID Title FR Notice

! 2000-2 New Dosimetry Technology 66 FR 1573

! 2001-1 Requirements for Certain 65 FR 79162

Generally Licensed Industrial

Devices Containing Byproduct

Material

We believe that adoption of these revisions satisfies the compatibility and health and safety

categories established in the Office of State and Tribal Programs (STP) Procedure SA-200 for

these amendments.

If you have any questions or comments, please contact either Stan Marshall or myself at

(775)687-5394.

Sincerely,

Larry Boschult

Attachments

\\Ownwfs1\nrc\OSP\JGZ\BOILERPL\ASPROPOS.WPD

SAMPLE
Change to

Nrc

Section

Title State 

Section

Comparability 

Category

Summary of Change to CFR Difference

Yes/No

SignificantYes/No

New Dosimetry Technology – Parts 34, 36, 39 (65 FR 63749, October 24, 2000; 66 FR 1573, January 9, 20

RATS ID 2000-2 Effective January 8, 2001

34.47 Personnel

monitoring

C In Sec. 34.47, the introductory text of

paragraph (a), and paragraphs (a)(2), (a)(3),(a)(4), (d), (e), and (f) are revised to read asfollows:(a) The licensee may not permit anyindividual to act as a radiographer or aradiographer's assistant unless, at all timesduring radiographic operations, eachindividual wears, on the trunk of the body, adirect reading dosimeter, an operating alarmratemeter, and a personnel dosimeter that isprocessed and evaluated by an accreditedNational Voluntary Laboratory AccreditationProgram (NVLAP) processor. At permanentradiography installations where otherappropriate alarming or warning devices arein routine use, the wearing of an alarmingratemeter is not required.* * * * * (2) Each personnel dosimeter must beassigned to and worn only by one individual. (3) Film badges must be replaced atperiods not to exceed one month and other personnel dosimeters processedand evaluated by an accredited NVLAPprocessor must be replaced at periods not toexceed three months. (4) After replacement, each personneldosimeter must be processed as soon as
Change to

Nrc

Section

Title State 

Section

Comparability 

Category

Summary of Change to CFR Difference

Yes/No

SignificantYes/No

34.47(cont’d)

possible.* * * * * (d) If an individual's pocket chamber isfound to be off-scale, or if his or herelectronic personal dosimeter reads greaterthan 2 millisieverts (200 millirems), and thepossibility of radiation exposure cannot beruled out as the cause, the individual'spersonnel dosimeter must be sent forprocessing within 24 hours. In addition, theindividual may not resume work associatedwith licensed material use until adetermination of the individual's radiationexposure has been made. Thisdetermination must be made by the RSO orthe RSO's designee. The results of thisdetermination must be included in therecords maintained in accordance with Sec. 34.83. (e) If the personnel dosimeter that isrequired by paragraph (a) of this section islost or damaged, the worker shall ceasework immediately until a replacementpersonnel dosimeter meeting therequirements in paragraph (a) is providedand the exposure is calculated for the timeperiod from issuance to loss or damage ofthe personnel dosimeter. The results of thecalculated exposure and the time period forwhich the personnel dosimeter was lost ordamaged must be included in the records maintained inaccordance with Sec. 34.83. (f) Dosimetry reports received from theaccredited NVLAP personnel dosimeterprocessor must be retained in accordancewith Sec. 34.83.* * * * *

34.83 Records of

personnel

C * * * * *

 (c) Personnel dosimeter results received
Change to

Nrc

Section

Title State 

Section

Comparability 

Category

Summary of Change to CFR Difference

Yes/No

SignificantYes/No

monitoringprocedures

from the accredited NVLAP processor until the Commission terminatesthe license. (d) Records of estimates of exposures asa result of: off-scale personal direct reading dosimeters, or lost ordamaged personnel dosimeters until the Commission terminatesthe license.

36.55 Personnel

monitoring

H&S In Sec. 36.55, paragraph (a) is revised to

read as follows:(a) Irradiator operators shall wear apersonnel dosimeter that is processed andevaluated by an accredited NationalVoluntary Laboratory Accreditation Program(NVLAP) processor while operating apanoramic rradiator or while in the areaaround the pool of an underwater irradiator.The personnel dosimeter processor must beaccredited for high energy photons in thenormal and accident dose ranges (see 10CFR 20.1501(c)). Each personnel dosimetermust be assigned to and worn by only oneindividual. Film badges must be processedat least monthly, and other personneldosimeters must be processed at leastquarterly.* * * * *

36.81 Records and

retention periods.

N/A D In Sec. 36.81, paragraph (e) is revised to

read as follows:* * * * * (e) Evaluations of personnel dosimetersrequired by Sec. 36.55 until the Commission terminates the license.* * * * *

N/A N/A 

39.65 Personnel

monitoring

Category C for

paragraph (a) 

and Category D

for paragraph (c)

In Sec. 39.65, paragraphs (a) and (c) arerevised to read as follows:(a) The licensee may not permit an individualto act as a logging supervisor or loggingassistant unless that person wears, at alltimes during the handling of licensedradioactive materials, a personnel dosimeterthat is processed and evaluated by anaccredited National Voluntary LaboratoryAccreditation Program (NVLAP) processor.
Change to

Nrc

Section

Title State 

Section

Comparability 

Category

Summary of Change to CFR Difference

Yes/No

SignificantYes/No

Para C is N/A

Cat D

Each personnel dosimeter must be assignedto and worn by only one individual. Filmbadges must be replaced at least monthlyand other personnel dosimeters replaced atleast quarterly. After replacement, eachpersonnel dosimeter must be promptlyprocessed.* * * * * (c)The licensee shall retain records ofpersonnel dosimeters required by paragraph(a) of this section and bioassay results forinspection until the Commission authorizesdisposition of the records.

Para C isN/A

STATE REGULATION STATUS

State: Nevada [11 amendments reviewed are identified Trackby a  at the beginning of each equivalent NRC regulation.] Date: 

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F 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 FR57877;58 FR 67657; 59 FR41641;60 FR 20183; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 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 EPA Standards-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) 1994-3Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

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

1995-1 P 

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 P 

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

(3/1/98)

1995-3 P 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 P 

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

*Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,

61, 70

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

ML03321

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1

*Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within

an Agreement State-Part 150

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

ML03321
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

*Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 FML03321

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

*Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial

Radiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 F

ML03321

*Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 FML03321*Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 FML03321*Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 (2/12/01) 1998-1 FML03321

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 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 for Industrial

Radiographic Operations-Part 34

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

ML03321

*Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393 (10/26/01) 1998-5 FML03321

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F

ML03197

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto 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 55525

(2/2/03)

1999-3 F

ML03197

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 F

ML03197

*New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 PML03321
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

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, p1995.

5. ADAMS ML Number

*Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material 65 FR 79162; (2/16/04) 2001-1 PML03321

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