August 31, 2006

Mr. Paul S. Schmidt, Chief

Radiation Protection Section

Division of Public Health

Department of Health and Family Services

P.O. Box 2659

Madison, WI 53701-2659

Dear Mr. Schmidt:

By letter dated April 4, 2002, we sent you the results of our review of the proposed changes to

the Wisconsin regulations which were submitted to the NRC by letter dated December 30, 2003. 

These regulations were reviewed by comparison to the equivalent Nuclear Regulatory

Commission (NRC) rules in 10 CFR Parts 30, 31, and 32, and the requirements of the General

License (GL) amendment identified in the enclosed State Regulation Status (SRS) Data Sheet. 

The review we conducted omitted a specific review of Sections 10 CFR Parts 31.5 and 31.6. 

The text of these sections was not revised by the GL amendment, but the compatibility

designations were changed from Compatibility Categories C and D respectively, to Category B. 

As noted in All Agreement States letter STP-05-072, dated September 28, 2005, NRC staff will

continue to review Agreement State GL Device proposed and final rules but will hold in

abeyance any determination on those rules and compatibility of those rules, if the Agreement

State has the essential elements of the NRC’s rule and is more restrictive than the NRC’s rule.

For Agreement States without a GL Device rule or a GL Device rule less restrictive than the

NRC rules, the staff will factor this determination into results of the NRC’s review of the State’s

proposed and final rules and the compatibility findings during Integrated Materials Performance

Evaluation Program (IMPEP) reviews.

We discussed our review of the GL Amendment with Cheryl Rogers on August 21, 2006. 

Although we had only 5 comments for the 2001-1 amendment stated in the April 4, 2002 letter,

as a result of our re-review against the Compatibility Category B designation, we have 10

comments that have been identified in the enclosure. Comment 8 indicates that the State’s

regulation is more restrictive than the NRC’s regulation, and there is no corrective action

required for this comment at this point. However, Comments 1 to 7 and 9 thru 10 indicate that

the State’s regulations are less restrictive than the NRC’s regulations, and they need to be

addressed in the State’s future rulemaking process. We request that when a final amended

version of Wisconsin regulations is adopted and published in response to our comments, that a

copy of the “as published” regulations be provided to us for review as requested in STP

Procedure SA-201, Review of State Regulatory Requirements.

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 the status of other

Wisconsin 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.hsrd.ornl.gov/nrc/rulemaking.htm.
Robert E. Owen, Chief -2- August 31, 2006

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 Ms. Jennifer

Tobin at (301) 415-2328 or by e-mail at JCT1@nrc.gov.

Sincerely,

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated 
Paul S. Schmidt -2- August 31, 2006

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 Ms. Jennifer

Tobin at (301) 415-2328 or by e-mail at JCT1@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution: SUNSI Review Complete

DIR RF(6-16) DCD (SP07) : Publicly Available G Non-Publicly Available

PDR (YES_T) : Non-Sensitive G Sensitive

JLynch , RSAO; LBolling, ASPO; SLai; BUsilton; Wisconsin File

Document Name:C:\FileNet\ML062410002.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 SLai STreby KNSchneider for DKRathbun

DATE 7/31/06* 8/11/06* 8/31/06*

ML062270211 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON WISCONSIN FINAL REGULATIONS

STATE

SECTION

NRC

SECTION

RATS

ID

CATE

GORY

SUBJECT and COMMENTS

1 HFS

157.11(2)(b)3

.b.

31.5(c)(2) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin does not require testing for leakage,

testing of on-off mechanisms, or testing of

indicators if a device contains only Krypton. The

NRC only excludes Krypton-containing devices

from the leak testing requirements.

Wisconsin needs to require testing of the on-off

mechanism and indicators of Krypton-containing

devices to meet the Compatibility Category B

designation assigned to 10 CFR 31.5(c)(2).

2 157.11(2)(b)3

.c. 

31.5(c)(3) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the reference to 10 CFR

31.5(c)(2) regarding the devices that are tested

for leakage.

Wisconsin needs to add the reference to HFS

157.11(2)(b)3.c. to meet the Compatibility

Category B designation assigned to 10 CFR

31.5(c)(3). 

3 N/A 31.5(c)(7) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the provision of 10 CFR

31.5(c)(7) regarding the export of the device

containing byproduct material. Omitting this

provision also caused a missing reference to 10

CFR 31.5(c)(7) in HFS157.11(2)(b)3. 

Wisconsin needs to adopt the provision and add

the equivalent reference to HFS157.11(2)(b)3.g.

to meet the Compatibility Category B designation

assigned to 10 CFR 31.5(c)(7) and 10 CFR

31.5(c)(8). 
STATE

SECTION

NRC

SECTION

RATS

ID

CATE

GORY

SUBJECT and COMMENTS

4 HFS 157.11

(2)(b)3.h. 

10 CFR

31.5(c)(9)(i)

2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the serial number of the

device and phone number of the responsible

individual identified by the transferee. 

Wisconsin needs to add the two missing

elements to HFS 157.11(2)(b)3.h. to meet the

Compatibility Category B designation assigned to

10 CFR 31.5(c)(9)(i).

5 157.12(3) 31.5(c)(11) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the 30 calendar days

requirement in 10 CFR 31.5(c)(11) for providing

information relating to the general license. 

Wisconsin needs to add the 30 days requirement

to 157.12(3) to meet the Compatibility Category

B designation assigned to 10 CFR 31.5(c)(11). 

6 N/A 31.5(c)(12) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the requirement in 10

CFR 31.5(c)(12) regarding the appointment of an

individual being responsible for having

knowledge of the appropriate regulations.

Omitting this requirement cause a missing

reference in HFS 157.11(2)(b)3.h., which is

equivalent to 10 CFR 31.5(c)(9)(i)(D).

Wisconsin needs to add the requirement and the

reference to meet the Compatibility Category B

designation assigned to 10 CFR 31.5(c)(12).
STATE

SECTION

NRC

SECTION

RATS

ID

CATE

GORY

SUBJECT and COMMENTS

7 HFS 157.12

(1), (5)

31.5(c)(13) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the bankruptcy

notification requirement.

 

Wisconsin needs to adopt the requirement to to

157.12 to meet the Compatibility Category B

designation assigned to 10 CFR 31.5(c)(13).

8 N/A 31.5(c)(13) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin does not exclude the registration

requirements for devices used in areas subject to

NRC jurisdiction for less that 180 days. 

Wisconsin’s rule has the essential elements of

the NRC, but is more restrictive than the NRC’s

GL rule. 

As noted in the September 28, 2005 All

Agreement States Letter STP-05-072, the

determination on this provision will be held in

abeyance until such time that the NRC

completes its review and response to the

Organization of Agreement State petition and

State of Florida’s request on compatibility

changes for the GL rule.

9 N/A 31.5(c)(15) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the provision of 10 CFR

31.5(c)(15) regarding the devices that are not in

use for longer than 2 years. 

Wisconsin needs to adopt the requirement to

meet the Compatibility Category B designation

assigned to 10 CFR 31.5(c)(15).
STATE

SECTION

NRC

SECTION

RATS

ID

CATE

GORY

SUBJECT and COMMENTS

10 HFS

157.11(2)(b)4

31.5(d) 2001-1 B Certain detecting, measuring, gauging, or

controlling devices and certain devices for

producing light or an ionized atmosphere

Wisconsin has omitted the import requirement of

10 CFR 31.5(d) in HFS 157.11(2)(b)4.

Wisconsin needs to adopt the requirements to

meet the Compatibility Category B designation

assigned to 10 CFR 31.5(d). 
STATE REGULATION STATUS

State: Wisconsin [1 Amendment reviewed identified by a i at the beginning of the equivalent NRC requirement.] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

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

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) 1992-1 Eliminating 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) 1994-3 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;60 FR 322; (1/1/98)

1995-1

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1 

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 

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 Withinan Agreement State-Part 150

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

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 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 28947; (6/27/00) 1997-5

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea-Part 30 62 FR 63634; (1/02/01) 1997-7 Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 

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 

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393;

(10/26/01)

1998-5
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 Requirements 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 55524;

(2/2/03)

1999-3 

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 iRequirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material- Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P8

ML012770

Revision of the Skin Dose Limit-Part 20 67 FR 1629; (4/5/05) 2002-1 P

ML060740

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (10/24/05) 2002-2 P

ML060740

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

ML060740

Compatibility with IAEA Transportation Safety Standards and Other Transportation SafetyAmendments - Part 71

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

ML060740

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 P

ML060740

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; 71 FR 1926

(4/29/08)

2005-2 P

ML060740

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)7 70 FR 72128; (12/1/05) 2005-3 LC

ML052560

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1
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 the regulation. See: “Final Policy Stateme

Agreement State Programs,” III.1.Time From For Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995.

5. ADAMS ML Number.6. Wisconsin became an Agreement State effective 08/11/03. The State incorporated NRC regulations 08/01/02 and these regulations were f

7. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 90 da

8. A re-review was completed on this item due to the change in compatibility category of 31.5 and 31.6. More information can be found in the A

STP 05-072.