May 19, 2005

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 (NAC section 459),

received by our office on April 5, 2005. These regulations were reviewed by comparison to the

equivalent NRC rules in 10 CFR Parts 20, 30, 40, and 70 and the requirements of the three

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We

discussed our review of the regulation with Larry Boschult on May 17, 2005.

As a result of our review, we have one comment that has 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 Nevada 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 Nevada regulations. However, we have determined that if

your proposed regulations were adopted, incorporating our comment and without other

significant change, they would 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 Nevada regulations, as

indicated. Please let us know if you note any inaccuracies, or have any comments of the

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted

on the STP website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. 

If you have any questions regarding the comment, 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 KNSchneider For\

Paul Lohaus, Director

Office of State and Tribal Programs

Enclosure: 

As stated
May 19, 2005

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 (NAC section 459) ,

received by our office on April 5, 2005. These regulations were reviewed by comparison to the

equivalent NRC rules in 10 CFR Parts 20, 30, 40, and 70 and the requirements of the three

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed

our review of the regulation with Larry Boschult on May 17, 2005.

As a result of our review, we have one comment that has 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 Nevada 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 Nevada regulations. However, we have determined that if your proposed

regulations were adopted, incorporating our comment and without other significant change, they

would 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 Nevada regulations, as

indicated. This letter, including the SRS Data Sheet, is posted on the STP website: 

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 of

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

Sincerely,

\RA By KNSchneider For\

Paul Lohaus, Director

Office of State and Tribal Programs

Enclosure: As stated

Distribution:

DIR RF (5-100) DCD (SP08) PDR (YES_T) SISP Review Complete

BUsilton LMcLean RSAO : Publicly Available G Non-Publicly Available

: Non-Sensitive G Sensitive

JZabko ASPO Nevada File Response to Incoming Document:ML050960361

DOCUMENT NAME: C:\ADAMS\Cache\ML0513902750.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 JZabko WRautzen STreby KNS for PLohaus

DATE 04 /15/05* 05 /03/05* 05/16/05* 05/19/05*

 ML051390275 OFFICIAL RECORD COPY
Compatibility Comments on the State of Nevada’s Regulations

NRC

Section

State

Section

Compatibility

Category

RATS ID Comment

30.35

(g)(3)

459.195

5.10

H&S 1993-1 Financial assurance and

recordkeeping for

decommissioning

Nevada does not have the twoyear record update requirement

found in 30.35 (g)(3).

Nevada needs to adopt the

essential objectives of the

requirement that licensees

update their records every two

years to meet the Category H&S

designation assigned to Section

30.35 (g)(3).
STATE REGULATION STATUS

State: Nevada [Three amendments reviewed are identified Tracking Ticket Numbeby a i at the beginning of each equivalent NRC regulation.] Date: May 19, 2005

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 FR 57877;58 FR 67657; 59 FR 41641;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) 1992-1

Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 

i Decommissioning Recordkeeping and License Termination: Documentation Additions

[Restricted areas and spill sites]-Parts 30, 40 

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

ML05096

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

ML05096

Preparation, 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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / M

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 Licenses-Parts30, 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

i Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 FML05096

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

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

ML03321

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

ML03321

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 F

ML03321

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

ML03321

Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea-Part 30 62 FR 63634; (1/02/01) 1997-7 F

ML03321

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML03321

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 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 F

ML03321
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 P

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 1995.

5. ADAMS ML Number

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 P

ML03321

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

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

ML03321

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) 2002-2Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1

Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

69 FR 3697; (10/01/07) 2004-1

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2