December 2, 2003

Thomas A. Conley, CHP, Chief

Radiation and Asbestos Control Section

Bureau of Air & Radiation 

Kansas Department of Health & Environment 

1000 SW Jackson, Suite 310

Topeka, KS 66612-1366

Dear Mr. Conley:

A periodic meeting with Kansas was held on November 4, 2003. The purpose of this meeting

was to review and discuss the status of Kansas’ 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 Kansas

cc w/enclosure:

Paul Lohaus, Director, OSTP
Thomas A. Conley -2-

bcc via e-mail ADAMS distribution:

E. Collins

L. McLean

V. Campbell

J. Zabko, OSTP

K. Schneider, OSTP

L. Rakovan, OSTP

W. Maier

C. Cain

DOCUMENT NAME: s:\dnms\sao\periodic meetings\2004\Kansas 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 12/02/03

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

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR KANSAS

DATE OF MEETING: November 4, 2003

ATTENDEES:

NRC

Vivian Campbell, Regional State Agreements Officer

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

John Zabko, Office of State and Tribal Programs

State of Kansas

Ronald F. Hammerschmidt, Ph.D., Director, Division of Environment

Clark Duffy, Director, Bureau of Air and Radiation

Thomas A. Conley, Section Chief, Radiation and Asbestos Control

David J. Whitfill, Unit Supervisor, X-Ray and Radioactive Material

Susan Kang, Policy Director, Department of Health & Environment

Sandy McAdam, Legal, Department of Health & Environment

James A. Harris, Radiation Control Inspector

James A. Johnson, Radiation Control Inspector

Judee M. Walden, Radiation Control Inspector

Pam Watson, Research Analyst

Stewart E. Steen, Emergency Preparedness

Scott C. Bangert, Asbestos/ Right-to-Know

DISCUSSION:

The following is a summary of the meeting held in Topeka, Kansas, on November 4, 2003,

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

suggested in the letter dated October 7, 2003, from Ms. Campbell to Mr. Conley 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 April 23 - 26, 2002. The status of the

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

and are summarized below. 

a. Recommendation: The team recommends the State ensure that the Agreement

Materials Program has adequate resources and an adequate complement of

qualified staff. (Section 3.3)
-2-

Current Status: The Bureau has resubmitted draft fee legislation for consideration

during the upcoming legislative session to the Governor’s office to establish a fee

fund. The Governor’s office is reviewing the submittal. The proposed fee schedule

is based on approximately 25 percent of NRC’s fee schedule. The proposal

stipulates that the Bureau will continue to be supported by the State general fund for

the first year after approval. The Bureau will become fully fees supported during the

second year. 

The Bureau has a cross training initiative involving the radioactive materials (RAM),

emergency preparedness, and asbestos staff. The Bureau’s long range goal is to

be able to shift resources between the programs when needed. However, because

the Bureau is financially supported by the State general fund, they still have travel

restrictions for training. Bureau management has hosted NRC courses in their office

and has discussed developing specialized contract courses. The Bureau arranged

to host NRC’s licensing and inspection courses and most of the radioactive

materials, emergency preparedness, and most of the Radiation and Asbestos

Control Section staff were able to attend. In addition, the Bureau has been

approved to offer a specialized nuclear medicine and brachytherapy course which

will be contracted with local medical physicists. Management anticipates offering the

course within the next 6 months. They plan to offer the course to all the Bureau

technical staff including the Asbestos staff. 

The Bureau filled the staff position that functionally works 25 percent in radioactive

materials and 75 percent in x-ray. However, Bureau management informed NRC

staff that just prior to the periodic meeting, another trained radiation control inspector

had resigned and taken employment in the public sector. Management hopes to

post the vacancy soon.

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

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

Kansas’ licenses to ascertain if they require financial assurance, and take

appropriate action on each affected license to ensure that all licenses meet the

State’s financial assurance requirements. (Section 3.4)

Current Status: Bureau management stated that all Kansas radioactive materials

licenses have been reviewed to determine whether financial assurance is required. 

Appropriate licensing actions have been processed to ensure that State financial

assurance requirements are met. In addition, the State’s licensing database now

includes a financial assurance tracking module to assist in this effort.

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

c. Recommendation: The team recommends that, when the Bureau uses legally

binding requirements as alternates to rules, it submit the text of the requirements to

NRC for review. (Section 4.1.1)
-3-

Current Status: The Department’s major revision of radioactive materials and x-ray

regulation is in various stages of the rule promulgation process. The NRC staff

discussed our knowledge of Kansas regulations as summarized in the SRS Data

Sheet and noted that many of the amendments were significantly overdue. The

2002 IMPEP review team had confirmed that the Department had used license

conditions for most of the regulations that were not adopted within the 3-year time

frame. At the time of the IMPEP review, the Department believed that the revised

regulations would become effective by December 2002. Because of the delay in

promulgating the regulation revisions, the NRC staff suggested that the Bureau

submit their license conditions or other legally binding requirements for NRC review

and Bureau management agreed.

.

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

d. Recommendation: The review team recommends the Bureau adopt the regulation

“Timeliness in Decommissioning of Materials Facilities,” and “Preparation, Transfer

for Commercial Distribution, and Use of Byproduct Material for Medical Use,” or

adopt generally applicable legally binding alternatives to the regulations. 

(Section 4.1.1)

Current Status: The Bureau management stated that these amendments were

included in their proposed regulations undergoing administrative and legal review.

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

2. Strengths and Weaknesses of the Program

Program strengths: 

Bureau management identified their licensing and inspection database as a strength of

the program. While the program is understaffed, the current staff is experienced and

well trained. Management attributes their success in managing the program to the

dedication of the staff and the effective and efficient use of the database tool. The

Bureau has recently developed a database for tracking generally licensed devices.

Program weaknesses: 

The Program funding and staffing continue to challenge the Bureau. The Bureau is

expecting an additional 5 percent budget cut for fiscal year 2005. Bureau management

stated that a fee fund would give some relief, but not immediately since full

implementation would not be expected until fiscal year 2006. 

Bureau management discussed the effect of the recent reclassification of inspection

staff to non-exempt status. Non-exempt employees are limited to working only 40 hours

per week except when approved by management. Extra time is accrued as

compensatory time earned and is limited to a total cap of 120 hours. Because of

reduced staffing level of the program, inspection staff have routinely worked in excess of
-4-

40 hours per week in order to keep inspections timely. Bureau management expressed

concern about being able to continue to maintain the program.

3. State Feedback on NRC’s Program

Bureau management expressed concern about the impacts of expected State

participation in activities related to Homeland Security, and based on the Department’s

current financial situation, the potential for being overburdened by unfunded NRC

mandates. 

4. Recent or Pending State Program Changes

There are no pending State program changes with regard to reorganization and

distribution of responsibilities. The inspectors were reclassified as non-exempt

employees. As discussed earlier, Bureau funding continues to be a challenge. 

However, the State could not identify any areas where health and safety were

compromised. 

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

Ms. Campbell, Mr. Collins, and Mr. Zabko 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

Bureau management assesses the status of the program on a routine basis through

management reports generated from the licensing and inspection database. The

Bureau currently has no backlogs in inspection or licensing. Management periodically

performs inspector accompaniments and reviews all licensing and compliance actions. 

7. Status of Allegations Referred by NRC to the State

No allegations were referred to the State by Region IV during the period. 

8. Compatibility of Kansas Rules and Regulations

The Bureau is presently revising its regulations to incorporate all currently required

amendments to the CFR. A teleconference has been schedule for December 3, 2003,

to discuss the process of sending the revised regulations into the NRC for review to

facilitate an efficient review. 

9. Nuclear Material Events Database (NMED)

The Bureau is using the NMED database system for submitting events to INEEL. The

State reports significant events to NRC’s Operations Center. There have been no

significant issues with the NMED system. The State’s process appears to be effective

for reporting events. 
Thomas A. Conley -5-

10. Schedule for next IMPEP Review

The next IMPEP is scheduled for fiscal year 2006.