July 30, 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 License Conditions related to the 10 CFR amendments; “Energy

Compensation Sources for Well Logging and Other Regulatory Clarifications”, “Respiratory

Protection and Controls to Restrict Internal Exposures” and “Transfer for Disposal and

Manifests; Minor Technical Conforming Amendment” submitted to the Nuclear Regulatory

Commission (NRC) electronically on July 10 and July 16, 2003. Our review and comments are

in response to the State’s request for NRC evaluation of the License Conditions to meet the

requirements of the amendments identified on the States Regulation Status Data Sheet (SRS). 

These License Conditions were reviewed by comparison to the equivalent NRC rules in 10 CFR

Parts 20 and 39 and the requirements of the three amendments identified in the enclosed SRS. 

We discussed our review of the regulation with Larry Boschult on July 17, 2003. 

As a result of our review, we have no comments. However, as discussed with Larry Boschult on

July 17, 2003, we recognize that you have omitted the requirements of 10 CFR §39.55, “Tritium

Neutron Generator Target Source” because no licensees in Nevada are authorized to possess

neutron resources. Please be advised that the license conditions must include this section

should a licensee possess neutron test sources in the future. 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. 

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

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

Sincerely,

\RA by Josephine Piccone\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosure: 

As stated
July 30, 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 License Conditions related to the 10 CFR amendments; “Energy

Compensation Sources for Well Logging and Other Regulatory Clarifications”, “Respiratory

Protection and Controls to Restrict Internal Exposures” and “Transfer for Disposal and

Manifests; Minor Technical Conforming Amendment” submitted to the Nuclear Regulatory

Commission (NRC) electronically on July 10 and July 16, 2003. Our review and comments are

in response to the State’s request for NRC evaluation of the License Conditions to meet the

requirements of the amendments identified on the States Regulation Status Data Sheet (SRS). 

These License Conditions were reviewed by comparison to the equivalent NRC rules in 10 CFR

Parts 20 and 39 and the requirements of the three amendments identified in the enclosed SRS. 

We discussed our review of the regulation with Larry Boschult on July 17, 2003. 

As a result of our review, we have no comments. However, as discussed with Larry Boschult

on July 17, 2003, we recognize that you have omitted the requirements of 10 CFR §39.55,

“Tritium Neutron Generator Target Source” because no licensees in Nevada are authorized to

possess neutron resources. Please be advised that the license conditions must include this

section should a licensee possess neutron test sources in the future. 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. 

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

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

Sincerely,

\RA By Josephine Piccone\

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Distribution:

DIR RF (3-162) DCD (SP08) PDR (YES_)

Busilton LMcLean RSAO

JZabko ASPO Nevada File Response to Incoming Document:ML031970217

DOCUMENT NAME: C:\ORPCheckout\FileNET\ML032120269.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 OGC STP:DD

NAME JZabko STreby JPiccone

DATE 07/17/03* 07/29/03* 07/17/03*

 ML032120269 OFFICIAL RECORD COPY
STATE REGULATION STATUS

State: Nevada [Three amendments reviewed are identified Tracking Ticket Numbeby a  at the beginning of each equivalent NRC regulation.] Date: July 30, 2

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

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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

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 P

ML01197

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 PML01197Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

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

ML01197

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

ML01197

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

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

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

ML01197

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 P

ML01197

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 PML01197Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 P

ML01197

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 IndustrialRadiographic Operations-Part 34

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

ML01197
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, 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 P

ML01197

*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) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material -Parts 30, 31, 32

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

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