October 29, 2007

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 final revision to the Nevada Regulations Administrative Code NAC 459,

received by our office on August 21, 2007. These regulations were reviewed by comparison to

the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34,

35, 36, 39, 40, 70 and the requirements of the eight amendments identified in the enclosed

State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with

you on October 25, 2007.

As a result of our review, we have ten 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 Nevada, in response to our comments and provide a copy to FSME.

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 FSME website: http://www.hrsd.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

Jenny Tobin at (301) 415-2328 (email: jct1@nrc.gov).

Sincerely,

\RA By ADWhite For\

Robert J. Lewis, Deputy Director

Division of Materials Safety and State Agreements

Office of Federal and State Materials and

Environmental Management Programs

Enclosures: As stated
October 29, 2007

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 final revision to the Nevada Regulations Administrative Code NAC 459,

received by our office on August 21, 2007. These regulations were reviewed by comparison to

the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 31, 32, 34,

35, 36, 39, 40, 70 and the requirements of the eight amendments identified in the enclosed

State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with

you on October 25, 2007.

As a result of our review, we have ten 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 Nevada, in response to our comments and provide a copy to FSME.

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 FSME website: http://www.hrsd.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

Jenny Tobin at (301) 415-2328 (email: jct1@nrc.gov).

Sincerely,

\RA By ADWhite For\

Robert J. 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 (7-67) WRautzen ASPO SUNSI Review Complete

DCD (SP05) DSollenberger, ASPO : Publicly Available G Non-Publicly Available

RErickson, RSAO MOrendi : Non-Sensitive G Sensitive

DOCUMENT NAME: C:\FileNet\ML073020215.wpd ML of Incoming Document: ML072490051 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 DILR DILR SAISB OGC SAIS:BC MSSA:DD

NAME OSiurano JTobin KSchneider FCameron DWhite RLewis

DATE 10/02/07* 10/10/07* 10/02/07* 10/19/07* 10/29/07* 10/29/07*

ML073020215 OFFICIAL RECORD COPY MLPKG.073020226
COMPATIBILITY COMMENTS ON NEVADA FINAL REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 n/a 20.1003 1999-3 B Definitions: Air-purifying respirator

Nevada did not include a definition of

air-purifying respirator in their

regulations.

Nevada needs to add a definition for

air-purifying respirator to NAC 459 to

meet the Compatibility Category B

designation assigned to this definition

in 10 CFR 20.1003.

2 n/a 20.1003 1999-3 B Definitions: Disposable respirator

Nevada did not include a definition of

disposable respirator in their

regulations.

Nevada needs to add a definition for

disposable respirator to NAC 459 to

meet the Compatibility Category B

designation assigned to this definition

in 10 CFR 20.1003.

3 n/a 20.1003 1999-3 B Definitions: Filtering facepiece

Nevada did not include a definition of

filtering facepiece in their regulations.

Nevada needs to add a definition for

filtering facepiece to NAC 459 to

meet the Compatibility Category B

designation assigned to this definition

in 10 CFR 20.1003.

4 n/a 20.1003 1999-3 B Definitions: Helmet

Nevada did not include a definition of

helmet in their regulations.

Nevada needs to add a definition for

helmet to NAC 459 to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

20.1003.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 n/a 20.1003 1999-3 B Definitions: Hood

Nevada did not include a definition of

hood in their regulations.

Nevada needs to add a definition for

hood to NAC 459 to meet the

Compatibility Category B designation

assigned to this definition in 10 CFR

20.1003.

6 n/a 20.1003 1999-3 B Definitions: Loose-fitting

Facepiece 

Nevada did not include a definition of

loose-fitting facepiece in their

regulations.

Nevada needs to add a definition for

loose-fitting facepiece to NAC 459 to

meet the Compatibility Category B

designation assigned to this definition

in 10 CFR 20.1003.

7 NAC

459.218

31.6 2001-1 B Certain detecting, measuring,

gauging, or controlling devices

and certain devices for producing

light or an ionized atmosphere 

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 FSME07-087, the determination on this

provision will be held in abeyance

until such time that the NRC

completes the GL device rulemaking

initiated in August 2007.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 Sec. 62

NAC

459.300

32.72(b)(1)

&(b)(2)(ii)

2002-2 B Manufacture, preparation, or

transfer for commercial

distribution of radioactive drugs

containing byproduct material for

medical use under Part 35

Nevada has omitted the requirements

that allow an individual to prepare

radioactive drugs under the

supervision of an authorized nuclear

pharmacist. 

Nevada needs to adopt this provision

to Section 62 to meet the

Compatibility Category B designation

assigned to Sections

32.72(b)(1)&(b)(2)(ii).

9 Sec. 62

NAC

459.300

32.72(b)(2)(i) 2002-2 B Manufacture, preparation, or

transfer for commercial

distribution of radioactive drugs

containing byproduct material for

medical use under Part 35

Nevada does not allow a pharmacist,

who may not be an authorized

nuclear pharmacist but qualifies

under 35.2 to work as an authorized

nuclear pharmacist.

Nevada needs to add these

provisions to Section 62 to meet the

Compatibility Category B designation

assigned to Section 32.72(b)(2)(i) 

10 Sec. 65

NAC

459.306

32.74(a)(3) 2002-2 B Manufacture and distribution of

sources or devices containing

byproduct material for medical use

Nevada incorrectly referenced 35.57

in Section 65 instead of 35.65.

Nevada needs to change the

reference to 35.65 to meet the

Compatibility Category B designation

assigned to Section 32.74.
STATE REGULATION STATUS

State: Nevada(8 Amendments reviewed were identified by a i Tracking Ticket Number: 

at the beginning of equivalent NRC regulation.) Date: October 29, 2007

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 FML05096Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within

an 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 FML03321Deliberate 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

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

ML07249

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 

iRespiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55525

(2/2/03)

1999-3 F

ML07249

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

ML03197

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

ML07249

iRequirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

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

ML07249

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

ML07249

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

ML07249

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

ML07249

Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety 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 Poli

 and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-1

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

 legally binding requirements satisfying the requirements of NRC Order EA-05-090.7. RATS ID 2006-3 will not be considered under the Non-Common Performance Indicator “Compatibility Requirements” for IMPEP re National Source Tracking System is ready for use Revisions in the implementation date for Agreement States will be provided to the Scorrespondence and the SRS sheet will be revised as appropriate.

Amendments – Part 71.iSecurity Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1 F

ML07249

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

Minor Amendments - Parts 20, 30, 32, 35, 40, and 70 71 FR 15005 (3/27/09) 2006-1National Source Tracking System - Serialization Requirements - Part 32 with reference to Part20 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)

2006-37