ML21193A104

Letter to P. Schmidt Re Wisconsin Legally Binding Requirements I.E. License Conditions to Rats Ids 2018-1, 2018-2, and 2018-3

ML21193A104
Person / Time
Issue date:	07/14/2021
From:	Brian Anderson NRC/NMSS/DMSST/ASPB
To:	Schmidt P State of WI, Dept of Public Health
Beardsley M
Shared Package
ML21161A012	List: ML21193A104
References
Download: ML21193A104 (16)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 14, 2021 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 Wisconsin legally binding requirements, i.e., license conditions to address changes to 10 CPR 35 and other miscellaneous corrections, received by our office on June 7, 2021 These requirements were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and the requirements of Regulation Amendment Tracking System Identification Numbers (RATS IDs) 2018-1, 2018-2, and 2018-3 as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the legally binding requirements with Mark Paulson on July 1, 2021.

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 legally binding requirements, as proposed, 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 comments, 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 Stephen Poy at (301) 415-7135 (stephen.poy@nrc.gov).

Sincerely, Flannery, Cynthia signing on behalf of Anderson, Brian on 07/14/21 Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosure:

Wisconsin SRS Data Sheet

ML21161A012 pkg and ML21193A104 Letter OFFICE SALB SALB OGC SALB:BC SPoy MBeardsley NA BCAnderson/

NAME CFlannery for DATE 07/01/2021 07/01/2021 7/14 /2021 STATE REGULATION STATUS State: Wisconsin Tracking Ticket Number: 21-31 Date: July 14, 2021

[ # 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) 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

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 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 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.

2

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 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.

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) 3

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 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 Record keeping Requirements package including Wisconsins Parts 20, 30, 40, 61 and70 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.

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) 4

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 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 Micro curie of Carbon-14 Urea package including Wisconsins Part 30 application to become an 62 FR 63634 Agreement State.

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.

5

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 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.

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.

6

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 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.

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 2002-2 Medical Use of Byproduct Material 10/24/2005 Final No Comments Parts 20, 32 and 35 ML070530037 03/13/2007 67 FR 20249 ML070720431 2003-1 Financial Assurance for Materials Licensees 12/03/2006 Final No Comments Parts 30, 40 and 70 ML063120323 01/09/2007 68 FR 57327 ML070090076 2004-1 Compatibility With IAEA Transportation Safety 10/01/2007 Final No Comments Standards and Other Transportation Safety ML101400048 07/14/2010 Amendments ML101580437 Part 71 69 FR 3697 2005-1 Security Requirements for Portable Gauges 07/11/2008 Final No Comments Containing Byproduct Material ML063120323 01/09/2007 Part 30 ML070090076 70 FR 2001 7

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2005-2 Medical Use of Byproduct Material - Recognition of 04/29/2008 Final No Comments Specialty Boards ML101400048 07/14/2010 Part 35 ML101580437 70 FR 16336; 71 FR 1926 License Condition No Comments 2005-3 Increased Controls for Risk-Significant Radioactive 12/01/2005 ML052560315 09/14/2005 Sources (NRC Order EA-05-090) ML052580010 70 FR 72128 2006-1 Minor Amendments 03/27/2009 Final No Comments Parts 20, 30, 32, 35, 40 and 70 ML101400048 07/14/2010 71 FR 15005 ML101580437 2006-2 National Source Tracking System - Serialization 02/06/2007 Final No Comments Requirements ML101400048 07/14/2010 Part 32 with reference to Part 20 Appendix E ML101580437 71 FR 65685 2006-3 National Source Tracking System 01/31/2009 Final No Comments Part 20 ML101400048 07/14/2010 71 FR 65685, 72 FR 59162 ML101580437 License Condition No Comments ML082600587 09/29/2008 ML082620071 2007-1 Medical Use of Byproduct Material - Minor 10/29/2010 Final No Comments Corrections and Clarifications ML101400048 07/14/2010 Parts 32 and 35 ML101580437 72 FR 45147, 54207 2007-2 Exemptions From Licensing, General Licenses, and 12/17/2010 Final No Comments Distribution of Byproduct Material: Licensing and ML101400048 07/14/2010 Reporting Requirements ML101580437 Parts 30, 31, 32 and 150 72 FR 58473 8

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2007-3 Requirements for Expanded Definition of Byproduct 11/30/2010 Final No Comments Material ML101400048 07/14/2010 Parts 20, 30, 31, 32, 33, 35, 61 and 150 ML101580437 72 FR 55864 2007-4 Order Imposing Fingerprinting Requirements and 06/05/2008 License Condition No Comments Criminal History Records Check Requirements for ML081080577 05/02/2008 Unescorted Access to Certain Radioactive Material ML081230699 ML081221031 NRC Order EA-07-305 72 FR 70901 2008-1 Occupational Dose Records, Labeling Containers, 02/15/2011 Final No Comments and Total Effective Dose Equivalent ML101400048 07/14/2010 Parts 19 and 20 ML101580437 72 FR 68043 2009-1 Medical Use of Byproduct Material - Authorized 09/28/2012 Final Comments User Clarification ML101400048 07/14/2010 Part 35 ML101580437 74 FR 33901 Revised Final No Comments ML16357A322 02/14/2017 ML16357A306 2011-1 Decommissioning Planning 12/17/2015 Proposed No Comments Parts 20, 30, 40 and 70 ML16357A322 02/14/2017 76 FR 35512 ML16357A306 Final No Comments ML18262A221 11/08/2018 ML18262A201 9

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2011-2 Licenses, Certifications, and Approvals for Materials 11/14/2014 Proposed No Comments Licensees ML16357A322 02/14/2017 Parts 30, 36, 39, 40, 70 and 150 ML16357A306 76 FR 56951 Final No Comments ML18262A221 11/08/2018 ML18262A201 2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 01/25/2015 Proposed No Comments (See RATS ID: 2001-1 for Rule text) ML16357A322 02/14/2017 77 FR 3640 ML16357A306 Final No Comments ML18262A221 11/08/2018 ML18262A201 2012-2 Advance Notification to Native American Tribes of 08/10/2015 Proposed Comments Transportation of Certain Types of Nuclear Waste ML16358A462 01/27/2017 Part 71 ML16358A452 77 FR 34194 Final No Comments ML18262A221 11/08/2018 ML18262A201 2012-3 Technical Corrections 08/06/2015 Proposed Comments Parts 30, 34, 40 and 71 ML16358A462 01/27/2017 77 FR 39899 ML16358A452 Final No Comments ML18262A221 11/08/2018 ML18262A201 10

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2012-4 Requirements for Distribution of Byproduct Material 10/23/2015 Proposed Comments Parts 30, 31, 32, 40 and 70 ML16358A462 01/27/2017 77 FR 43666 ML16358A452 Final No Comments ML18262A221 11/08/2018 ML18262A201 2013-1 Physical Protection of Byproduct Material, 03/19/2016 License Condition No Comments Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 ML14028A018 02/20/2014 78 FR 16922 ML14028A016 Proposed Comments ML16358A568 02/02/2017 ML16358A451 Final No Comments ML18262A221 11/08/2018 ML18262A201 2013-2 Distribution of Source Material to Exempt Persons 08/27/2016 License Condition Comments and to General Licensees and Revision of General ML16153A311 6/27/2016 License and Exemptions, ML16153A228 Parts 30, 40 and 70 78 FR 32310 Revised License No Comments Condition 08/15/2016 ML16221A414 ML16222A345 Proposed Comments ML16358A462 01/27/2017 ML16358A452 Final No Comments ML18262A221 11/08/2018 ML18262A201 11

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2015-1 Domestic Licensing of Special Nuclear Material - 01/26/2018 Proposed No Comments Written Reports and Clarifying Amendments ML16358A568 02/02/2017 Part 70 ML16358A451 79 FR 57721, 80 FR 143 2015-2 Safeguards Information - Modified Handling 01/28/2018 Proposed No Comments Categorization, Change for Materials Facilities ML16358A568 02/02/2017 Parts 30, 37, 73 and 150 ML16358A451 79 FR 58664, 80 FR 3865 2015-3 Revisions to Transportation Safety Requirements 07/13/2018 Proposed Comments and Harmonization with International Atomic *extended to ML16358A462 01/27/2017 Energy Agency Transportation Requirements 08/15/2020 ML16358A452 Part 71 See STC 17-060 80 FR 33987 Final No Comments ML18262A221 11/08/2018 ML18262A201 2015-4 Miscellaneous Corrections, 09/02/2018 Proposed No Comments Parts 37 and 40 ML16358A568 02/02/2017 80 FR 45841 ML16358A451 Final No Comments ML18262A221 11/08/2018 ML18262A201 2015-5 Miscellaneous Corrections, 12/31/2018 Proposed Comments Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150 ML16358A568 02/02/2017 80 FR 74974 ML16358A451 Final No Comments ML18262A221 11/08/2018 ML18262A201

• 2018-1 Medical Use of Byproduct Material - Medical Event 01/14/2022 License condition No Comments Definitions, Training and Experience, and Clarifying ML21161A114 07/14/2021 Amendments, 10 CFR Parts 30, 32 and 35 ML21161A012 12

P. Schmidt RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package

• 2018-2 Miscellaneous Corrections - 12/21/2021 License condition No Comments Organizational Changes ML21161A114 07/14/2021 10 CFR Parts 37, 40. 70 and 71 ML21161A012

• 2018-3 Miscellaneous Corrections 07/30/2022 License condition No Comments 10 CFR Parts 1, 2, 34, 37, 50, 71, 73, and 140 ML21161A114 07/14/2021 ML21161A012 2019-1 Miscellaneous Corrections 12/18/2022 10 CFR Parts 2, 21, 37, 50, 52, 73, and 110 2019-2 Organizational Changes and Conforming 12/30/2022 Amendments 10 CFR Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 2020-1 Individual Monitoring Devices 06/16/2023 10 CFR Parts 34, 36, and 39 2020-2 Social Security Number Fraud Prevention 08/17/2023 10 CFR Parts 9 and 35 2020-3 Miscellaneous Corrections 11/16/2023 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140 1 R Means proposed revisions to a final rule 13