December 23, 2003

Gary W. Baughman, Director

Hazardous Materials & Waste 

 Management Division

Department of Public Health 

 and Environment

4300 Cherry Creek Drive South

Denver, Colorado 80246-1530

Dear Mr. Baughman :

A periodic meeting with Colorado was held on December 9, 2003. The purpose of this meeting

was to review and discuss the status of Colorado’s Agreement State Program. I have

completed and enclosed a general meeting summary, including any specific actions that will be

taken as a result of the meeting.

If you feel that our conclusions do not accurately summarize the meeting discussion, or have

any additional remarks about the meeting in general, please contact me at (817) 860-8143 or

e-mail VHC@NRC.GOV to discuss your concerns.

Sincerely,

/RA/

Vivian H. Campbell

Regional State Agreements Officer

Enclosure:

Agreement State Periodic Meeting

 Summary for Colorado

cc w/enclosure:

Paul Lohaus, Director, OSTP
Gary W. Baughman -2-

bcc via e-mail ADAMS distribution:

E. Collins

L. McLean

V. Campbell

T. Brock, OSTP

K. Schneider, OSTP

L. Rakovan, OSTP

W. Maier

C. Cain

DOCUMENT NAME: s:\dnms\sao\periodic meetings\2004\Colorado summary.wpd final: s:\dnms\ltrs-memos\ 

To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

OFFICE RIV:RSAO

NAME VHCampbell

/RA/

DATE 12/23/03

OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax
Enclosure 1 

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR COLORADO

DATE OF MEETING: December 9, 2003

ATTENDEES:

NRC

Vivian Campbell, Regional State Agreements Officer

Elmo Collins, Director, Division of Nuclear Materials Safety, Region IV

Terry Brock, Office of State and Tribal Programs

State of Colorado

Gary Baughman, Director, Hazardous Materials & Waste Management Division

Policy/Regulations & Radiation Program

Pam Harley, Program Manager

Ken Weaver, Radiation Regulations & Special Projects

Radiation Management Unit

Steve Tarlton, Unit Leader

Tim Bonzer

Tom Pentecost

Jerry Goad, Colorado Attorney General’s Office

DISCUSSION:

The following is a summary of the meeting held in Denver, Colorado, on December 9, 2003,

between representatives of the NRC and the State of Colorado. During the meeting, the topics

suggested in the letter dated October 7, 2003, from Ms. Campbell to Mr. Eugene W. Potter

were discussed. The discussion pertaining to each topic is summarized below.

1. Action on Previous IMPEP Review Findings

The previous Integrated Materials Performance Evaluation Program (IMPEP) review

was conducted during the period February 5-9, 2001. The status of the

recommendations outlined in Section 5.0 of the final IMPEP report were discussed at

the periodic meeting conducted August 7, 2002. The current status is summarized

below.

a. Recommendation: The team recommends the Program develop and document a

training and qualification program which address the training requirements in the

NRC/Organization of Agreement States Training Working Group Report or

 IMC 1246. (Section 3.3)
-2-

Current Status: The Program has developed and implemented a formalized training

and qualification program. However, staff indicated that the training program now

needs minor revision. Management acknowledged the importance of training staff

and affirmed their support. At the August 7, 2002, periodic meeting, it was

recommended that this item be closed at the next IMPEP review.

b. Recommendation: The review team recommends that the Program report all

significant events to the NRC Emergency Operations Center in accordance with 

 STP Procedure SA-300, “Reporting Material Events.” (Section 3.5)

Current Status: The Program appears to be continuing to report all significant

events to the NRC’s Operations Center. The Program appears to be updating the

event information in the nuclear materials events database (NMED), as appropriate.

It is recommended that this item be reviewed at the next IMPEP review.

c. Recommendation: The review team recommends that the uranium recovery

program consistently provide written results of inspections and site visits to all

licensees within 45 days of the completion of the inspection. (Section 4.4.1)

 Current Status: The Program is continuing to provide written results of inspections

and site visits to the uranium mill licensees. At the August 7, 2002, periodic

meeting, it was recommended that this item be closed at the next IMPEP review.

2. Strengths and Weaknesses of the Program

Program strengths: 

Although the Program was reorganized into another Division within the Department of

Public Health and Environment in February 2003, the Program continues to have

qualified, experienced staff. In addition, the Program continues to have stable funding. 

Program weaknesses: 

With the reorganization, a new manager was assigned to oversee the Radiation

Management Unit. Program management acknowledged that a weakness had resulted

from the turnover of management. However, Division and Program management

emphasized their strong focus on program development, staff management and

transition planning. The new Program manager does not view potential staff retirements

as a weakness, but as an opportunity for growth and expansion of the Program.

3. State Feedback on NRC’s Program

Program management requested an update on the status of the Colorado-OAS petition

for rulemaking (PRM-40-27) regarding risks of materials used by exempt persons. The

Program was informed of the Commissions’ decision in SECY-02-0196 dated

November 17, 2003. 
-3-

The State suggested that NRC consider establishing a joint OAS/NRC committee to

review and determine regulation compatibility categories to be recommended to the

Commission for approval.

NRC discussed with Program management the timing of the grant program and the next

phase for the Gateway site. It was agreed to coordinate a teleconference with the

appropriate parties to further discuss the status of Colorado’s grant proposal for the

characterization and remediation of the Gateway site. 

In addition, program management stated their view that additional security measures

should be part of the routine Agreement framework for protecting health and safety. 

4. Recent or Pending State Program Changes

There are no pending State program changes with regard to budget. The Program has

experienced stable funding over the period and is almost exclusively fee supported. 

However, there has been significant organizational changes since the last periodic

meeting. In February 2003, the Radiation Services Program was relocated from the

Laboratory and Radiation Services Division into the Hazardous Materials and Waste

Management Division. The Radiation Services Program was split into three program

areas within the Hazardous Materials and Waste Management Division. The materials

licensing and inspection activities were assigned to the Radiation Management Unit

within the Compliance Program. Regulation development, the Radon Program, and the

X-ray/Mammography Program were assigned to the Policy/Regulations and Radiation

Program. Responsibilities for uranium mill tailings closure were assigned to the

Remediation Program. Program management provided an updated organization chart,

copy attached. Program management stated that regardless of the organization

structure within the Division, staff will continue to work collaboratively in order to

complete projects.

The Attorney General’s representative discussed the additional requirements specified

in a newly passed Statute (HB-03-1358) for facilities authorized to dispose of radioactive

wastes by burial in soil. The Bill includes provisions for public involvement and time

limitations on the Department for processing renewals and amendments for these

licensees. In addition, the Bill includes a requirement for an environmental assessment.

 5. NRC Program or Policy Changes That Could Impact Agreement States

Ms. Campbell, Mr. Collins, and Mr. Brock discussed the Region IV organization, security

issues and NRC rulemaking and guidance development, specifically Part 35 and

IMC 2800. 

6. Internal Program Audits or Self Assessments

After the reorganization and as a part of the transition, a partial audit of the staffing and

training was conducted. The staff’s training is generally complete with the exception of

a formal course in Incident Investigation and Root Cause Analysis. Program

management expressed their desire to host NRC’s course in their Denver facility in
-4-

calendar year 2004. The NRC staff agreed to facilitate discussions with the appropriate

NRC training coordinators.

7. Status of Allegations Referred by NRC to the State

Three allegations were referred to the State by Region IV during the period. Although a

case file review was not conducted, it appears that they have responded to the 

allegations in a timely and thorough manner. 

8. Compatibility of Colorado Rules and Regulations

Colorado’s rules and regulations are for the most part up to date. Two regulations were

past due and the status of one was unknown. Colorado has a plan to address the two

identified past due regulations and are looking into the status of the one unknown. 

Colorado was made aware of two additional regulations coming due in early 2004.

9. Nuclear Material Events Database (NMED)

The State appears to be reporting significant events to NRC’s Operations Center and

providing updated information to NMED according to procedure. The Program has

installed and used the latest version of the NMED software. No problems were

reported.

10. Schedule for next IMPEP Review

The next IMPEP is scheduled for fiscal year 2004. Program management requested

that NRC consider scheduling the next IMPEP in the June - August 2005 time frame. 

The management expects a significant resource impact related to renewing a major

license.