ML18305B286

Letter to P. Schmidt Wisconsin Final Regulations to Rats Ids 2011-1, 2011-2, 2012-1, 2012-2, 2012-3, 2012-4, 2013-1, 2013-2, 2015-3, 2015-4, and 2015-5

ML18305B286
Person / Time
Issue date:	11/08/2018
From:	Kevin Williams NRC/NMSS/DMSST
To:	Schmidt P State of WI
Beardsley M
References
Download: ML18305B286 (18)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 8, 2018 Mr. Paul Schmidt Chief, Radiation Protection Section Wisconsin Division of Public Health 1 Wilson Street PO Box 2659 Madison, WI 53701-2659

Dear Mr. Schmidt:

We have reviewed the final revisions to the Wisconsin regulations, Wisconsin DHS 157 Radiation Protection, received by our office on September 13, 2018. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and Regulation Amendment Tracking System Identification Numbers (RATS IDs) 2011-1, 2011-2, 2012-1, 2012-2, 2012-3, 2012-4, 2013-1, 2013-2, 2015-3, 2015-4, and 2015-5 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with Mark Paulson of your staff on November 6, 2018.

As a result of our review, we have no comments that are related to compatibility; however we have noted two editorial comments in the attached table. 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 adopted, meet the compatibility and health and safety categories established in the Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.

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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html.

P. Schmidt If you have any questions regarding the review results, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator, at (301) 415-0275, (Michelle.Beardsley@nrc.gov), or Darren Piccirilo at (630) 829-9661 (Darren.Piccirillo@nrc.gov).

Sincerely,

/RA Paul Michalak for/

Kevin Williams, Deputy Director Division of Materials Safety, Security, State and Tribal Programs Office of Nuclear Material and Safeguards

Enclosures:

1. Editorial comments

2. Wisconsin SRS Data Sheet

SUBJECT:

WISCONSIN FINAL REGULATIONS TO RATS IDS 2011-1, 2011-2, 2012-1, 2012-2, 2012-3, 2012-4, 2013-1, 2013-2, 2015-3, 2015-4, AND 2015-5 DISTRIBUTION: SP 07 DPiccarillo, RSAO WI File OFFICE RIII ASPB OGC ASPB:BC MSTR:DD NAME DPiccarillo MBeardsley APessin NLO via PMichalak PMichalakfor:

email KWilliams DATE 10/29/18 10/30/18 11/05/18 11/8/18 11/8/18 ML18305B286 OFFICIAL RECORD COPY Package ML18262A201

EDITORIAL COMMENTS STATE SECTION NRC SECTION RATS ID CATEGORY COMMENTS 1 157.09(2) NA NA NA For clarity, sections 157.09(2)(e)(4)

(e)(4) and 157.09(2)(g)(3) should be revised to read as follows:

157.09(2)

(g)(3) Any person who desires to manufacture, process, or produce gas and aerosol detectors containing byproduct material, or to initially transfer such products for use according to subd. 1., shall apply to the NRC for a license issued by the NRC according to in accordance with 10 CFR 32.26 and a certificate of registration issued in accordance with 10 CFR 32.210., The application for the certificate which shall states that the product may be transferred by the licensee to persons exempt from this subchapter in accordance with according to subd. 1. or equivalent regulations of the NRC or an agreement state.

Deleted text Added text 2 157.09(2)(g) NA NA NA In the heading for DHS 157.09(2)(g),

there is a typo: the word disturbed (marked in green) should be replaced with distributed.

Enclosure 1

STATE REGULATION STATUS State: Wisconsin Tracking Ticket Number:

Date: 11/08/2018

[ # amendment(s) reviewed identified by a

• at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1991-1 Safety Requirements for Radiographic Equipment 01/10/1994 Not Required Not Required Wisconsin has adopted Final Part 34 Regulations equivalent to RATS ID:

55 FR 843 1997-5.

(Superceded by 1997-5) 1991-2 ASNT Certification of Radiographers none Not Required Not Required Wisconsin has adopted Final Part 34 Regulations equivalent to RATS ID:

56 FR 11504 1997-5.

(Superceded by 1997-5) 1991-3 Standards for Protection Against Radiation 01/01/1994 Final 08/01/02 Regulations adopted with the Part 20 package including Wisconsins 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR application to become an 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183 Agreement State.

1991-4 Notification of Incidents 10/15/1994 Final 08/01/02 Regulations adopted with the Parts 20, 30, 31, 34, 39, 40 and 70 package including Wisconsins 56 FR 64980 application to become an Agreement State.

1992-1 Quality Management Program and 01/27/1995 Final 08/01/02 Wisconsin has adopted Final Misadministrations Regulations equivalent to RATS ID:

Part 35 2002-2.

56 FR 34104 (Superceded by 2002-2)

Enclosure 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1992-2 Eliminating the Recordkeeping Requirements none Not Required Not Required These regulation changes are not for Departures from Manufacturer's Instructions required to be adopted for purposes Parts 30 and 35 of Compatibility.

57 FR 45566 1993-1 Decommissioning Recordkeeping and License 10/25/1996 Final 08/01/02 Regulations adopted with the Termination: Documentation Additions [Restricted package including Wisconsins areas and spill sites] application to become an Parts 30 and 40 Agreement State.

58 FR 39628 1993-2 Licensing and Radiation Safety Requirements for 07/01/1996 Final 08/01/02 Regulations adopted with the Irradiators package including Wisconsins Part 36 application to become an 58 FR 7715 Agreement State.

1993-3 Definition of Land Disposal and Waste Site QA 07/22/1996 Not Applicable Not Applicable Wisconsin does not have authority Program to regulate this material under its Part 61 Agreement.

58 FR 33886 1994-1 Self-Guarantee as an Additional Financial none Not Required Not Required These regulation changes are not Mechanism required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

58 FR 68726; 59 FR 1618 1994-2 Uranium Mill Tailings Regulations: Conforming 07/01/1997 Not Applicable Not Applicable Wisconsin does not have authority NRC Requirements to EPA Standards to regulate this material under its Part 40 Agreement.

59 FR 28220 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1994-3 Timeliness in Decommissioning Material Facilities 08/15/1997 Final 08/01/02 Regulations adopted with the Parts 30, 40 and 70 package including Wisconsins 59 FR 36026 application to become an Agreement State.

1995-1 Preparation, Transfer for Commercial Distribution, 01/01/1998 Final 08/01/02 Regulations adopted with the and Use of Byproduct Material for Medical Use package including Wisconsins Parts 30, 32 and 35 application to become an 59 FR 61767; 59 FR 65243; 60 FR 322 Agreement State.

1995-2 Frequency of Medical Examinations for Use of 03/13/1998 Final 08/01/02 Regulations adopted with the Respiratory Protection Equipment package including Wisconsins Part 20 application to become an 60 FR 7900 Agreement State.

1995-3 Low-Level Waste Shipment Manifest Information 03/01/1998 Final 08/01/02 Regulations adopted with the and Reporting package including Wisconsins Parts 20 and 61 application to become an 60 FR 15649; 60 FR 25983 Agreement State.

1995-4 Performance Requirements for Radiography 06/30/1998 Not Required Not Required Wisconsin has adopted Final Equipment Regulations equivalent to RATS ID:

Part 34 1997-5.

60 FR 28323 (Superceded by 1997-5) 1995-5 Radiation Protection Requirements: Amended 08/14/1998 Final 08/01/02 Regulations adopted with the Definitions and Criteria package including Wisconsins Parts 19 and 20 application to become an 60 FR 36038 Agreement State.

3

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1995-6 Clarification of Decommissioning Funding 11/24/1998 Final 08/01/02 Regulations adopted with the Requirements package including Wisconsins Parts 30, 40 and 70 application to become an 60 FR 38235 Agreement State.

1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 Final 08/01/02 Wisconsin has adopted Final Materials Regulations equivalent to RATS Parts 20 and 35 IDs: 2002-2 and 2005-2.

60 FR 48623 (Superceded by 2002-2 and 2005-2) 1996-1 Compatibility with the International Atomic Energy 04/01/1999 Final 08/01/02 Wisconsin has adopted Final Agency Regulations equivalent to RATS ID:

Part 71 2004-1.

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 1996-2 One Time Extension of Certain Byproduct, Source 02/15/1999 Not Required Not Required These regulation changes are not and Special Nuclear Materials Licenses required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

61 FR 1109 1996-3 Termination or Transfer of Licensed Activities: 06/17/1999 Final 08/01/02 Regulations adopted with the Recordkeeping Requirements package including Wisconsins Parts 20, 30, 40, 61 and 70 application to become an 61 FR 24669 Agreement State.

1997-1 Resolution of Dual Regulation of Airborne Effluents 01/9/2000 Final 08/01/02 Regulations adopted with the of Radioactive Materials; Clean Air Act package including Wisconsins Part 20 application to become an 61 FR 65120 Agreement State.

4

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1997-2 Recognition of Agreement State Licenses in Areas 02/27/2000 Final 08/01/02 Regulations adopted with the Under Exclusive Federal Jurisdiction Within an package including Wisconsins Agreement State application to become an Part 150 Agreement State.

62 FR 1662 1997-3 Criteria for the Release of Individuals Administered 05/29/2000 Final 08/01/02 Regulations adopted with the Radioactive Material package including Wisconsins Parts 20 and 35 application to become an 62 FR 4120 Agreement State.

1997-4 Fissile Material Shipments and Exemptions 02/10/2000 Final 08/01/02 Wisconsin has adopted Final Part 71 Regulations equivalent to RATS ID:

62 FR 5907 2004-1. (See STP-97-078)

(Superceded by 2004-1) 1997-5 Licenses for Industrial Radiography and Radiation 06/27/2000 Final 08/01/02 Regulations adopted with the Safety Requirements for Industrial Radiography package including Wisconsins Operations application to become an Parts 30, 34, 71 and 150 Agreement State.

62 FR 28947 1997-6 Radiological Criteria for License Termination 08/20/2000 Final 08/01/02 Regulations adopted with the Parts 20, 30, 40 and 70 package including Wisconsins 62 FR 39057 application to become an Agreement State.

1997-7 Exempt Distribution of a Radioactive Drug 01/02/2001 Final 08/01/02 Regulations adopted with the Containing One Microcurie of Carbon-14 Urea package including Wisconsins Part 30 application to become an 62 FR 63634 Agreement State.

5

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1998-1 Deliberate Misconduct by Unlicensed Persons 02/12/2001 Final 08/01/02 Regulations adopted with the Parts 30, 40, 61, 70, 71 and 150 package including Wisconsins 63 FR 1890; 63 FR 13773 application to become an Agreement State.

1998-2 Self-Guarantee of Decommissioning Funding by 07/01/2001 Not Required Not Required These regulation changes are not Nonprofit and Non-Bond-Issuing Licensees required to be adopted for purposes Parts 30, 40 and 70 of Compatibility.

63 FR 29535 1998-3 License Term for Medical Use Licenses 07/10/2001 Not Required Not Required These regulation changes are not Part 35 required to be adopted for purposes 63 FR 31604 of Compatibility. (See STP-98-074)

(Superceded by 2002-2) Wisconsin has adopted Final Regulations equivalent to RATS ID:

2002-2.

1998-4 Licenses for Industrial Radiography and Radiation 07/09/2001 Final 08/01/02 Regulations adopted with the Safety Requirements for Industrial Radiographic package including Wisconsins Operations application to become an Part 34 Agreement State.

63 FR 37059 1998-5 Minor Corrections, Clarifying Changes, and a Minor 10/26/2001 Final 08/01/02 Regulations adopted with the Policy Change package including Wisconsins Parts 20, 32, 35, 36 and 39 application to become an 63 FR 39477; 63 FR 45393 Agreement State.

6

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1998-6 Transfer for Disposal and Manifests: Minor 11/20/2001 Final 08/01/02 Regulations adopted with the Technical Conforming Amendment package including Wisconsins Part 20 application to become an 63 FR 50127 Agreement State.

1999-1 Radiological Criteria for License Termination of 06/11/2002 Not Applicable Not Applicable Wisconsin does not have authority Uranium Recovery Facilities to regulate this material under its Part 40 Agreement.

64 FR 17506 1999-2 Requirements for Those Who Possess Certain 10/04/2002 Not Required Not Required These regulation changes are not Industrial Devices Containing Byproduct Material to required to be adopted for purposes Provide Requested Information of Compatibility.

Part 31 64 FR 42269 1999-3 Respiratory Protection and Controls to Restrict 02/02/2003 Final 08/01/02 Regulations adopted with the Internal Exposure package including Wisconsins Part 20 application to become an 64 FR 54543; 64 FR 55524 Agreement State.

2000-1 Energy Compensation Sources for Well Logging 05/17/2003 Final 08/01/02 Regulations adopted with the and Other Regulatory Clarifications package including Wisconsins Part 39 application to become an 65 FR 20337 Agreement State.

2000-2 New Dosimetry Technology 01/08/2004 Final 08/01/02 Regulations adopted with the Parts 34, 36 and 39 package including Wisconsins 65 FR 63750 application to become an Agreement State.

7

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2001-1 Requirements for Certain Generally Licensed 02/16/2004 Final No Comments Industrial Devices Containing Byproduct Material ML101400048 07/14/2010 Parts 30, 31 and 32 ML101580437 65 FR 79162 2002-1 Revision of the Skin Dose Limit 04/05/2005 Final No Comments Part 20 ML063120323 01/09/2007 67 FR 16298 ML070090076 8