November 16, 2007

Julia Schmitt, Program Manager

Nebraska Department of Health & Human Services

301 Centennial Mall South

P.O. Box 95007

Lincoln, NE 68509-5007

Dear Ms. Schmitt:

We have reviewed the proposed changes to the Nebraska Regulations for Control of Radiation

180 NAC Nebraska Regulations for Radiation Control attached to your letter dated September

12, 2007. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 32, 35, 40, 70, 71 and the seven

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

discussed our review of the regulations with Trudy Hill on November 15, 2007.

As a result of our review, we have 15 comments that have been identified in the enclosure. 

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

health and safety. We have determined that if these regulations are revised, incorporating our

comments and without other significant change, they would meet the compatibility and health

and safety categories established in the Office of Federal and State Materials and

Environmental Management Programs (FSME) Procedure SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided to us for review. As requested in FSME Procedure SA-201,

“Review of State Regulatory Requirements,” please highlight the location of any changes made

by Nebraska, in response to our comments, and provide a copy to Division of Materials Safety

and State Agreements, FSME.

The SRS Data Sheet summarizes our knowledge of the status of other Nebraska 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 FSME 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 Kathleen

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or

Monica Orendi at (301) 415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By ADWhite For\

Robert Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: 

As stated
November 16, 2007

Julia Schmitt, Program Manager

Nebraska Department of Health & Human Services

301 Centennial Mall South-P.O. Box 95007

Lincoln, NE 68509-5007

Dear Ms. Schmitt:

We have reviewed the proposed changes to the Nebraska Regulations for Control of Radiation

180 NAC Nebraska Regulations for Radiation Control attached to your letter dated September

12, 2007. These regulations were reviewed by comparison to the equivalent Nuclear

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 32, 35, 40, 70, 71 and the seven

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

discussed our review of the regulations with Trudy Hill on November 15, 2007.

As a result of our review, we have 15 comments that have been identified in the enclosure. 

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

health and safety. We have determined that if these regulations are revised, incorporating our

comments and without other significant change, they would meet the compatibility and health

and safety categories established in the Office of Federal and State Materials and

Environmental Management Programs (FSME) Procedure SA-200.

We request that when you revise your regulations to address our comments, a copy of the “as

published” regulations be provided to us for review. As requested in FSME Procedure SA-201,

“Review of State Regulatory Requirements,” please highlight the location of any changes made

by Nebraska, in response to our comments, and provide a copy to Division of Materials Safety

and State Agreements, FSME. The SRS Data Sheet summarizes our knowledge of the status

of other Nebraska 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 FSME 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 Kathleen

Schneider, State Regulation Review Coordinator at (301) 415-2320 (email: kxs@nrc.gov) or

Monica Orendi at (301) 415-3938 (email: mlo1@nrc.gov).

Sincerely,

\RA By ADWhite For\

Robert Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated

Distribution:

DIR RF (7-71&72) SUNSI Review Complete

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

RErickson, RSAODsollenberger, HQ POC : Non-Sensitive G Sensitive

Wrautzen, HQ POC MOrendi [NE] File ML of Incoming Document:ML071900139

DOCUMENT NAME: C:\FileNet\ML073200002.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 SAISB SAISB OGC SAIS:BC MSSA:DD

NAME MOrendi KSchneider FXCameron DWhite RLewis

DATE 10/23/07* 10/23/07* 11/13/07* 11/16/07* 11/16/07*

ML07320002 OFFICIAL RECORD COPY PKGML07320003
COMPATIBILITY COMMENTS ON NEBRASKA PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 180 NAC 

7-002

35.2 2002-2

2006-1

B Definitions: Authorized Medical

Physicist

Nebraska regulations omit the words

“teletherapy physicist” in section (3) and

(4) of its definition. 

Nebraska needs to add “teletherapy

physicist” to the appropriate sections of

their definition in order to meet the

Compatibility Category B designation

assigned to 10 CFR 35.2, Authorized

medical physicist. 

2 180 NAC 

7-002

35.2 2002-2

2006-1

B Definitions: Authorized User

Nebraska omits “dentist or podiatrist”

from its definition of Authorized user.

Nebraska needs to add the phrase

“dentist or podiatrist” to its definition of

Authorized user in order to meet the

Compatibility Category B designation

assigned to 10 CFR 35.2, Authorized

user.

3 180 NAC 7-

026

35.57 2002-2

2005-2

B Training for experienced Radiation

Safety Officer, teletherapy or medical

physicist, authorized user, and

nuclear pharmacist

Nebraska omits “authorized medical

physicist and authorized nuclear

pharmacist” (added to 10 CFR 35.57 in

2005 see RATS 2005-2) in 180 NAC 7-

026.01. Also Nebraska omits “dentists”

and “podiatrists” from 180 NAC 7-

026.02.

Nebraska needs to add the above to

180 NAC 7-026 in order to meet the

Compatibility Category B designation

assigned to 10 CFR 35.57.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 180 NAC 7

7-034

35.69 2002-2 H&S Labeling of vials and syringes

Nebraska has not included the following

or equivalent language: “Each syringe

shield and vial shield must also be

labeled unless the label on the syringe is

visible when shielded” in 180 NAC 7-

034.

Nebraska needs to add language

equivalent to the above text to 180 NAC

7 7-034 in order to meet the

Compatibility Category H&S designation

assigned to 10 CFR 35.69.

5 180 NAC 

7-051.01

35.390 2002-2

2005-2

2006-1

B Training for use of unsealed

byproduct material for which a

written directive is required

Nebraska states “Successfully complete

a minimum of three years of residency

training in...”. 10 CFR 35.390 places no

time constraint on the completed

residency training (see 35.390(a)(1)). 

Nebraska needs to remove the 3 year

time constraint from 180 NAC 7-051 in

order to meet the Compatibility Category

B designation assigned to 10 CFR

35.390.

6 180 NAC

7-066

35.590 2002-2

2005-2

B Training for use of sealed sources for

diagnosis

Nebraska does not include the terms

“dentist or podiatrist” after the word

physician in 180 NAC 7-066.

Nebraska needs to add the words

“dentist or podiatrist” to 180 NAC 7-066

in order to meet the Compatibility

Category B designation assigned to 10

CFR 35.590.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

7 180 NAC 3-

018

40.36 2003-1 H&S Financial Assurance and

Recordkeeping for Decommissioning

Nebraska omits this section from their

regulations.

Nebraska needs to either adopt the

essential elements of this section or add

“source material” (as defined by 10 CFR

40.36) to paragraph 1 of Nebraska

regulation 180 NAC 3-018.01 to meet

the Compatibility Category H&S

designation assigned to 10 CFR

40.36(b)(2) & (d).

8 180 NAC 3-

018

70.25 2003-1 H&S Financial Assurance and

Recordkeeping for Decommissioning

Nebraska omits this section from their

regulations.

Nebraska needs to either adopt the

essential elements of this section or add

“special nuclear material” (as defined in

10 CFR 70.25) to paragraph 1 of

Nebraska regulation 180 NAC 3-018.01

to meet the Compatibility Category H&S

designation assigned to 10 CFR

70.25(e).

9 180 NAC 13

13-005.01

71.5 2004-1 B Transportation of licensed material

Nebraska regulations state “DOT

regulations 170 through 189,

appropriate...”. The correct wording

should be “DOT regulations 107, 171

through 180, and 390 through 397,

appropriate...”.

Nebraska needs to change its

referenced DOT regulations from “170

through 189" to “107, 171 through180,

and 390 through 397" in order to meet

the Compatibility Category [B]

designation assigned to 10 CFR 71.5.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

10 180 NAC 13-

009.01

71.20 2004-1 [B] General license: DOT specification

container

Nebraska does not incorporate into their

regulations a section equivalent to 10

CFR 71.20 (e).

Nebraska needs to add a section

equivalent to 10 CFR 71.20 (e) in its

regulation 180 NAC 13 13-009 in order

to meet the Compatibility Category [B]

designation assigned to 10 CFR 71.20.

11 180 NAC 13

13-010.01

71.21 2004-1 B General license: Use of foreign

approved package

Nebraska does not address exemptions

“With respect to the quality assurance

provisions of subpart H of this part, the

licensee is exempt from design,

construction, and fabrication

considerations” in its regulation.

Nebraska needs to add these

exemptions to 180 NAC 13 13-010 in

order to meet the Compatibility Category

[B] designation assigned to 10 CFR

71.21.

12 180 NAC 13

13-015

71.87 2004-1 B Routine Determinations

Nebraska proposed regulations did not

include the phrase: “...ensure that the

package with its contents satisfies the

applicable requirements of this part and

of the license”. Also Nebraska omits an

equivalent section to 10 CFR 71.87(g).

Nebraska needs to add “ ensure that the

package with its contents satisfies the

applicable requirements of this part and

of the license” and a section equivalent

to 10 CFR 71.87(g) in order to meet the

Compatibility Category [B] designation

assigned to 10 CFR 71.87.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

13 180 NAC 13

13-020.01

71.97 2004-1 B Advance notification of shipment of

irradiated reactor fuel and nuclear

waste

Nebraska proposed regulations do not

require notification to NRC’s Office of

Nuclear Security and Incident Response

as stated in 10 CFR 71.97(c)(1). Also

Nebraska requires records retention of 1

year instead of the 3 years stated in 10

CFR 71.97(c)(4).

Nebraska needs to make the above

changes in order to meet the

Compatibility Category B designation

assigned to 10 CFR 71.97.

14 N/A 71.127

71.129

71.131

71.133

71.135

71.137

2004-1 C Quality Assurance Organization

Nebraska has omitted these sections

from their regulations.

Nebraska needs to adopt the essential

elements of 10 CFR 71.127, 71.129,

71.131, 71.133, 71.135, and 71.137 in

order to meet the Compatibility Category

C designation assigned to 10 CFR

71.127, 71.129, 71.131, 71.133, 71.135,

and 71.137.

15 180 NAC 3-

014.12

32.74 2006-1 B Manufacture and distribution of

sources or devices containing

byproduct material for medical use

Nebraska omits “transmission source”

from its regulations.

Nebraska needs to add “transmission

source” in order to meet the

Compatibility Category B designation

assigned to 10 CFR 32.74.
STATE REGULATION STATUS

State: Nebraska Tracking Ticket N[7 Amendments were reviewed & identified by a i Date: November 

at the beginning of the equivalent NRC requirement. ] 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) ML #5

NRC Review Y, N2 / Date /

LicenseCondition (LML #4

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 F 10/7/97 

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 fromManufacturer's Instructions-Parts 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

ML022800655

N 10/18/02ML022960258

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F

ML022800655

N 10/18/02ML022960258

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 Requirementsto 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

ML022800655

N 10/18/02ML022960258

Preparation, Transfer for Commercial Distribution, and Use ofByproduct Material for Medical Use-Parts 30, 32, 35

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

1995-1 F

ML022800655

N 10/18/02ML022960258

Frequency of Medical Examinations for Use of RespiratoryProtection Equipment-Part 20 

60 FR 7900; (3/13/98) 1995-2 F N

5/19/99
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) ML #5

NRC Review Y, N2 / Date /

LicenseCondition (LML #4

Low-Level Waste Shipment Manifest Information and ReportingParts 20, 61 60 FR 15649; 60 FR 25983 (3/1/98) 1995-3 F N5/19/99 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F

ML003763184

N 2/1/01ML010330318

Radiation Protection Requirements: Amended Definitions andCriteria-Parts 19, 20 

60 FR 36038; (8/14/98) 1995-5 F N

5/19/99

Clarification of Decommissioning Funding Requirements-Parts 30,40, 70

60 FR 38235; (11/24/98) 1995-6 F

ML022800566

N 10/18/02ML022960258

Medical Administration of Radiation and Radioactive MaterialsParts 20, 35 60 FR 48623; (10/20/98) 1995-7 FML022800655 N 10/18/02 ML022960258 

10 CFR Part 71: Compatibility with the International Atomic EnergyAgency-Part 71

60 FR 50248; 61 FR 28724(4/1/99)

1996-1 F

ML003763184

N 2/1/01ML010330318

One Time Extension of Certain Byproduct, Source and SpecialNuclear Materials Licenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: RecordkeepingRequirements-Parts 20, 30, 40, 61, 70

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

ML022800655

N 10/18/02ML022960258

Resolution of Dual Regulation of Airborne Effluents of RadioactiveMaterials; Clean Air Act-Part 20

61 FR 65120; (1/9/00) 1997-1 F

ML003763184

N 2/1/01ML010330318

Recognition of Agreement State Licenses in Areas Under ExclusiveFederal Jurisdiction Within an Agreement State-Part 150

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

ML003763184

N 2/1/01ML010330318

Criteria for the Release of Individuals Administered RadioactiveMaterial-Parts 20, 35

62 FR 4120; (5/29/00) 1997-3 F

ML022800655

N 10/18/02ML022960258

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

Licenses for Industrial Radiography and Radiation SafetyRequirements for Industrial Radiography Operations-Parts 30, 34,71, 150

62 FR 28947; (6/27/00) 1997-5 F

ML003763184

N 2/1/01ML010330318

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F

ML011130396

N 7/20/01ML012010439

Exempt Distribution of a Radioactive Drug Containing OneMicrocurie of Carbon-14 Urea-Part 30 

62 FR 63634; (1/02/01) 1997-7 F

ML003763184

N 2/1/01ML010330318
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) ML #5

NRC Review Y, N2 / Date /

LicenseCondition (LML #4

Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70,71, 150

63 FR 1890; 63 FR 13773(2/12/01)

1998-1 F

ML031500771

N 6/09/03ML031610005

Self-Guarantee of Decommissioning Funding by Nonprofit and NonBond-Issuing Licensees- Parts 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 SafetyRequirements for Industrial Radiographic Operations-Part 34

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

ML003763184

N 2/1/01ML010330318

 Minor Corrections, Clarifying Changes, and a Minor Policy ChangeParts 20, 35, 36 63 FR 39477; 63 FR 45393 (10/26/01) 1998-5 FML031500771 N 6/09/03 ML031610005 

Transfer for Disposal and Manifests: Minor Technical ConformingAmendment-Part 20

63 FR 50127; (11/20/01) 1998-6 F

ML022800655

N 10/18/02ML022960258

Radiological Criteria for License Termination of Uranium RecoveryFacilities-Part 40

64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial DevicesContaining Byproduct Material to Provide Requested InformationPart 31

64 FR 42269; (none) 1999-2 

 Respiratory Protection and Controls to Restrict Internal ExposurePart 20 64 FR 54543; 64 FR 55524 (2/2/03) 1999-3 FML031500771 N 6/09/03 ML031610005 

 Energy Compensation Sources for Well Logging and OtherRegulatory Clarifications-Part 39

65 FR 20337; (5/17/03) 2000-1 F

ML031500771

N 6/09/03ML031610005

 New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML031500771

N 6/09/03ML031610005

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

65 FR 79162; (2/16/04) 2001-1 F7

ML031500771

Y 8/31/06ML062400266

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

ML072670112

N 11/16/07ML073200002

iMedical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; (4/24/05) 2002-2 P

ML072670112

Y 11/16/07ML073200002

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

ML072670112

Y 11/16/07ML073200002
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID Proposed (P) 

Final (F)1

Rule /LicenseCondition(LC) ML #5

NRC Review Y, N2 / Date /

LicenseCondition (LML #4

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 Number6. By letter dated September 2, 2005, from Paul H. Lohaus, Director, Office of State and Tribal Programs, Agreement States were 

legally binding requirements satisfying the requirements of NRC Order EA-05-090.

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

letter STP 05-072.

8. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPE

as the National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be p

under separate correspondence and the SRS sheet will be revised as appropriate.

iCompatibility With IAEA Transportation Safety Standards andOther Transportation Safety Amendments – Part 71

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

ML072670112

Y 11/16/07ML073200002

iSecurity Requirements for Portable Gauges Containing ByproductMaterial - Part 30

70 FR 2001; (7/11/08) 2005-1 P

ML072670112

N 11/16/07ML07320002

iMedical Use of Byproduct Material - Recognition of SpecialtyBoards - Part 35

70 FR 16336; 71 FR 1926(4/29/08)

2005-2 P

ML072670112

Y 11/16/07ML07320002

Increased Controls for Risk-Significant Radioactive Sources (NRCOrder EA-05-090)6

70 FR 72128; (12/1/05) 2005-3 LC

ML053060118 

N 11/3/05ML053070551

iMinor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1 P

ML072670112

Y 11/16/07ML07320002

National Source Tracking System - Serialization Requirements -Part 32 with reference to Part 20 Appendix E

71 FR 65685 (2/6/07) 2006-2

National Source Tracking System - Part 20 71 FR 65865 (11/15/07) &

(11/30/07)

2006-38