February 20, 2014 

Paul Schmidt, Manager 

Radiation Protection Section 

Division of Public Health 

Department of Health Services 

P.O. Box 2659 

Madison, Wisconsin 53701-2659 

Dear Mr. Schmidt: 

We have reviewed the Wisconsin legally binding requirements in the revised draft license 

condition received by our office on January 24, 2014. These requirements were reviewed by 

comparison to the equivalent Nuclear Regulatory Commission (NRC) rules in 10 CFR Parts 20, 

30, 32, 33, 34, 35, 36, 37, 39, 71 and the requirements of the one amendment identified in the 

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

regulations with Cheryl Rogers on February 13, 2014. 

As a result of our review, we have no comments. Please note that we have limited our review to 

the legally binding requirements required for compatibility and/or health and safety. We have 

determined the license condition as revised meets the compatibility and health and safety 

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

Management Programs (FSME) Procedure SA-200, “Compatibility Categories and Health and

Safety Identification for NRC Regulations and Other Program Elements.” 

Additionally, please note that NRC has issued certain security Orders to two Wisconsin 

licensees. We have not listed the names of the licensees in this letter because that information 

is Official Use Only and cannot be made publicly available. Because the NRC-issued Orders 

are still legally binding, they must be rescinded by NRC concurrent with Wisconsin amending 

those specific licenses with the legally binding requirements. Accordingly, close coordination is 

needed between NRC and your office to ensure there are no conflicts, duplications, or gaps 

regarding the security-related requirements for these two licensees. Please contact Adelaide 

Giantelli, Branch Chief, Source Management and Protection Branch, FSME at (301) 415-3521 

(adelaide.giantelli@nrc.gov) for information regarding the affected Wisconsin licensees and for 

coordination with rescission of the NRC-issued Orders and Wisconsin imposition of the legally 

binding requirement on these licensees. 
P. Schmidt -2- 

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 FSME website: http://nrc-stp.ornl.gov/rulemaking.html.

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 

(kathleen.schneider@nrc.gov) or Janine Katanic at (817) 200-1151 (janine.katanic@nrc.gov). 

Sincerely, 

/RA/ 

John M. Moses, Acting Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosure: 

Wisconsin SRS Data Sheet
P. Schmidt -2- 

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 FSME website: http://nrc-stp.ornl.gov/rulemaking.html.

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 

(kathleen.schneider@nrc.gov) or Janine Katanic at (817) 200-1151 (janine.katanic@nrc.gov). 

Sincerely, 

/RA/ 

John M. Moses, Acting Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials 

 and Environmental Management Programs 

Enclosure: 

Wisconsin SRS Data Sheet 

DISTRIBUTION: SP07 

Wisconsin File, 14-5 

JLynch, RIII/RSAO 

AGiantelli, MSSA 

Incoming Document: ML14028A018 

OFFICE ASPB ASPB OGC ASPB:BC MSSA:DD 

NAME JFKatanic 

via email 

KSchneider BJones ADWhite JMoses 

DATE 01/28/14 01/28/14 02/10/14 02/20/14 02/20/14 

ML14028A063 OFFICIAL RECORD COPY Package ML14028A016 
STATE REGULATION STATUS

State: Wisconsin 

 Tracking Ticket Number: 14-5 

[1 amendment(s) reviewed is identified by a * Date: February 20, 2014at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Not Required Not Required Wisconsin has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required Wisconsin has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 

1991-3 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 

01/01/1994 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980 

10/15/1994 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1992-1 Quality Management Program and 

Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 Final 08/01/02 Wisconsin has adopted Final 

Regulations equivalent to RATS ID: 2002-2. 

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 Not Applicable Not Applicable Wisconsin does not have authority 

to regulate this material under its Agreement. 

1994-1 Self-Guarantee as an Additional Financial 

Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable Wisconsin does not have authority 

to regulate this material under its Agreement. 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1995-1 Preparation, Transfer for Commercial Distribution, 

and Use of Byproduct Material for Medical Use Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

01/01/1998 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an 

Agreement State.

1995-3 Low-Level Waste Shipment Manifest Information 

and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1995-4 Performance Requirements for Radiography 

Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 Not Required Not Required Wisconsin has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 Final 08/01/02 Wisconsin has adopted Final 

Regulations equivalent to RATS IDs: 2002-2 and 2005-2. 

1996-1 Compatibility with the International Atomic Energy 

Agency Part 71 

04/01/1999 Final 08/01/02 Wisconsin has adopted Final 

Regulations equivalent to RATS ID: 2004-1. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

1996-2 One Time Extension of Certain Byproduct, Source 

and Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1996-3 Termination or Transfer of Licensed Activities: 

Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1997-1 Resolution of Dual Regulation of Airborne Effluents 

of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1997-2 Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 

02/27/2000 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Final 08/01/02 Wisconsin has adopted Final 

Regulations equivalent to RATS ID: 2004-1. (See STP-97-078) 

1997-5 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography 

06/27/2000 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

Operations Parts 30, 34, 71, 150 62 FR 28947 

application to become an Agreement State. 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1997-7 Exempt Distribution of a Radioactive Drug 

Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an 

Agreement State.

1998-2 Self-Guarantee of Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. (See STP-98-074) Wisconsin has adopted Final Regulations equivalent to RATS ID: 2002-2. 

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic Operations Part 34 

07/09/2001 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

63 FR 37059 

1998-5 Minor Corrections, Clarifying Changes, and a Minor 

Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 

10/26/2001 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable Wisconsin does not have authority 

to regulate this material under its Agreement. 

1999-2 Requirements for Those Who Possess Certain 

Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These regulation changes are not 

required to be adopted for purposes of Compatibility. 

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an Agreement State. 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 08/01/02 Regulations adopted with the 

package including Wisconsin’s application to become an 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes Agreement State. 

2001-1 Requirements for Certain Generally Licensed 

Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML063120323 

No Comments 01/09/2007 ML070090076 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML070530037 

No Comments 03/13/2007 ML070720431 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML063120323 

No Comments 01/09/2007 ML070090076 

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 70 FR 2001 

07/11/2008 Final 

ML063120323 

No Comments 01/09/2007 ML070090076 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition 

ML052560315 

No Comments 09/14/2005 ML052580010 

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 Final 

ML101400048 

No Comments 07/14/2010 ML101580437

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 Final 

ML101400048 License Condition ML082600587 

No Comments 07/14/2010 ML101580437 No Comments 09/29/2008 ML082620071 

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 

11/30/2010 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

72 FR 55864 

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License Condition 

ML081080577 ML081230699 

No Comments 05/02/2008 ML081221031 

2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 Final 

ML101400048 

No Comments 07/14/2010 ML101580437 

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification Part 35 74 FR 33901 

09/28/2012 Final 

ML101400048 

Comments 07/14/2010 ML101580437 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 

2011-2 Licenses, Certifications, and Approvals for Materials 

Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 

11/14/2014 

2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 

(See RATS ID: 2001-1 for Rule text) 77 FR 3640 

01/25/2015 

2012-2 Advance Notification to Native American Tribes of 

Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 

08/10/2015 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package Outgoing 

Package 

Notes 

2012-3 Technical Corrections 

Part 30, 34, 40 and 70 77 FR 39899 

08/06/2015 

2012-4 Requirements for Distribution of Byproduct Material 

Parts 30, 31, 32, 40 and 70 77 FR 43666 

10/23/2015 

*2013-1 Physical Protection of Byproduct Material, 10 CFR 

Parts 20, 30, 32, 33, 34, 35, 36, 37, 39, and 71 78 FR 16922 

03/19/2016 License Condition 

ML14028A018 

No Comments 02/20/2014 ML14028A016 

2013-2 Distribution of Source Material to Exempt Persons 

and to General Licensees and Revision of General License and Exemptions, 10 CFR Parts 30, 40, and 70 78 FR 32310 

08/27/2016 

1 R Means proposed revisions to a final rule