May 2, 2006

Karen Beckley, Supervisor

Bureau of Health Protection Services

Nevada State Health Division

1179 Fairview Drive, Suite 201

Carson City, NV 89701-5405

Dear Ms. Beckley:

We have reviewed the proposed Nevada Regulations Administrative Code NAC 459, received

by our office on March 7, 2006. These regulations were reviewed by comparison to the

equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, and

35, and the requirements of the seven amendments identified in the enclosed State Regulation

Status (SRS) Data Sheet. Please note that we did not review the requested amendment RATS

ID # 1992-2 because it is not required for compatibility. We discussed our review of the

regulations with Larry Boschult on March 23, 2006.

Except as noted below, 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. We

have determined that the regulations, as proposed, meet the compatibility and health and safety

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

We request that when the proposed regulations are adopted and published as final regulations,

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 highlight any final

changes and provide a copy to STP. 

The Nevada proposed General License (GL) amendments were reviewed and we have one

comment where Neveda’s regulation is more restrictive than the NRC’s rule. As noted in the

September 28, 2005 All Agreement States letter STP-05-072, 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.

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 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. 
Supervisor Karen Beckley -2- May 2, 2006

If you have any questions regarding the review, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Sandra Lai 

at 301-415-4012 or by e-mail at SXL5@nrc.gov.

Sincerely,

\RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Supervisor Karen Beckley -2- May 2, 2006

If you have any questions regarding the review, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or Sandra Lai 

at 301-415-4012 or by e-mail at SXL5@nrc.gov.

Sincerely,

RA By KNSchneider For\

Dennis K. Rathbun, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

DIR RF [6-66] SUNSI Review Complete

DCD (SP08) : Publicly Available G Non-Publicly Available

LMcLean, RSAO : Non-Sensitive G Sensitive

JZabko, ASPO SSalomon Nevada File Incoming Document:ML060670335

DOCUMENT NAME: E:\Filenet\ML061220113.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 SLai STreby KNSchneider for DRathbun

DATE 3/28/06* 3/28/06* 05/02/06* 05/02/06*

ML061220113 OFFICIAL RECORD COPY
COMPATIBILITY COMMENTS ON NEVADA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 NAC

459.210(4)

31.6 2001-1 B General license to install devices

generally licensed in § 31.5

The State places a 30 day reporting

requirement in their equivalent rule to

31.6. This requirement does not

appear in 31.6 (a) - (c)

Nevada’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. 
STATE REGULATION STATUS

State: Nevada(Seven amendment reviewed identified by a i Tracking Ticket Numbeat the beginning of equivalent NRC regulation.) Date: May 2, 2006

NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / LiConditio(LC) ML 

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 

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  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 
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / LiConditio(LC) ML 

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 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 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 F

ML03321
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / LiConditio(LC) ML 

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

*Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 PML06067

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 PML06067

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

ML03197

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2 F

ML05290

*Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material

- Parts 30, 31, 32

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

ML06067

*Revision of the Skin Dose Limit -Part 20 67 FR 16298; (4/5/05) 2002-1 P

ML06067

*Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2 PML06067*Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1 PML06067

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

69 FR 3697; (10/01/07) 2004-1
NRC Chronology Identification FR Notice

(Date Due For StateImplementation)

RATS ID Propose

/ Final (F

Rule / LiConditio(LC) ML 

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 Policy St

 and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, M5. ADAMS ML Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were given 9 legally binding requirements satisfying the requirements of NRC Order EA-05-090.

*Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 PML06067

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

(4/29/08)

2005-2

Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090)6 70 FR 72128; (12/1/05) 2005-3 LC

ML05313