UNITED STATES

 NUCLEAR REGULATORY COMMISSION

 REGION I

475 ALLENDALE ROAD

KING OF PRUSSIA, PENNSYLVANIA 19406-1415 

August 29, 2005

Pearce O’Kelley, Chief

Bureau of Radiological Health

Department of Health and Environmental Control

2600 Bull Street

Columbia, SC 29201

SUBJECT: PERIODIC MANAGEMENT MEETING SUMMARY

Dear Mr. O’Kelley:

A periodic meeting with the South Carolina Bureau of Radiological Health was held on August

2, 2005. The purpose of the meeting was to review and discuss the status of the South

Carolina Agreement State program. The NRC was represented by William Rautzen from the

NRC’s Office of State and Tribal Programs and me. Specific topics and issues of importance

discussed at the meeting included the Bureau’s turnover in staff and the current status of

compatibility requirements adopted as reflected in the Bureau’s State Regulation Status Data

Sheet.

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 discussions, or have

any additional remarks about the meeting in general, please contact me at (610) 337-5042 or

by e-mail at adw@nrc.gov to discuss your concerns.

Thank you for your cooperation.

Sincerely,

Original Signed By

Duncan White, CHP

Regional State Agreements Officer

Division of Nuclear Materials Safety

Enclosure: As stated

cc:

W. Rautzen, STP

H. Porter, South Carolina
P. O’Kelley 2

South Carolina Bureau of Radiological Health

DISTRIBUTION

RIDS SPO1

G. Pangburn, RI

F. Costello, RI

R. Bores, RI

S. Minnick, RI

R. Trojanowski, RII

D. Rathbun, STP

J. Zabko, STP

O. Siurano, STP

DOCUMENT NAME: 

To receive a copy of this document, indicate in the box: “C” = Copy w/o attach/encl “E” = Copy w/ attach/encl “N” = No copy

OFFICE DNMS/RI N

NAME DWhite ADW

DATE 8/29/05

OFFICIAL RECORD COPY
AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 

SOUTH CAROLINA BUREAU OF RADIOLOGICAL HEALTH

DATE OF MEETING: August 2, 2005

ATTENDEES:

Duncan White, RSAO

William Rautzen, ASPO

Pearce O’Kelley, Branch Chief

James Peterson, Division Director

Melinda Bradshaw, Section Manager

DISCUSSION:

There were no recommendations for the State from the last Integrated Materials Performance

Evaluation Program (IMPEP) review of the South Carolina program that occurred June 9-13,

2003.

The Bureau’s Division of Radioactive Materials, Licensing and Compliance has six positions for

Agreement State activities. There are currently four fully qualified license reviewers and

inspectors (staff does both licensing and inspecting), one newly hired individual (started in July

2005) and one vacant position. Prior to this year, there had been no turnover in staff for six

years. Interviews for the vacant position will start the week of August 8. The Bureau Chief

indicated that the successful candidate for the position will likely start in September or October

2005. One of the individuals who left the program was a Section Manager. The remaining

Section Manager indicated that instead of maintaining the two Radioactive Materials Sections,

the two Sections will be combined into one. This will provide staff with the opportunity to remain

current with all the inspection and licensing requirements for all uses of radioactive material

licensed by the State.

The Division Director stated that it takes about a year for an individual to be productive (limited

qualification for licensing and inspection) and fully qualified in two to three years. The Director

indicated that most individuals hired by the Bureau have limited experience with radioactive

materials.

The Bureau Chief retired in December 2004 but will continue in the position for up to five more

years under the State’s employee retention program.

Despite the loss of two experienced individuals, the Division Director stated that there have

been no overdue inspections and licensing continues to be completed in a timely manner. 

Although the Division anticipates that routine activities will continue to be done in a timely

manner, the Bureau Chief expressed concern that the Division would be challenged to maintain

current activities if the NRC requires Agreement States to rapidly implement security measures

through health and safety. The Bureau Chief indicated that realistic time frames are needed to

train staff, issue the measures, promogate regulations and conduct inspections. The Bureau

Chief also indicated that the Bureau was working to address some equipment issues through

existing resources.
South Carolina BRH Periodic Management Meeting Summary page 2

August 2, 2005

The Division Director noted that regulations are typically done as a single package once a year. 

Regulations related to waste and transportation are coordinated with the Division of Waste

Management. The Bureau currently has no overdue regulations. NRC staff noted on the State

Regulation Status (SRS) Data Sheet for South Carolina that 10 NRC amendments were only

reviewed at the proposed stage. After review of correspondence with the Section Manager, it

was determined that a number of the NRC amendments were reviewed in their final form by the

NRC. The discrepancy was due to the mislabeling by STP of a final regulation package as a

proposed regulation package. A copy of the revised SRS Data Sheet is attached.

The budget for the Bureau of Radiological Health (the Bureau) has been shrinking for the

previous four years; however, this year’s budget level has stabilized. The fees for the

Radioactive Materials Division cover approximately 50% of the costs with the balance from

general state funds. The Bureau increased its fees by 25% in 2003.

There was one allegation referred to the State since the last IMPEP review. The NRC staff

determined that the State took appropriate action to resolve the matter. 

Since the last IMPEP review, the State reported 14 events to the NRC. One of the events was

significant in that it involved an extremity overexposure. NRC staff noted that the Division has

done a commendable job in providing followup and closure information for the events to the

Nuclear Materials Events Database.

There have been no amendment requests involving the four Sealed Source and Device (SS&D)

registration sheets issued by the State. The Division Director indicated that there is only one

active manufacturer in the State (Mahlo America) with two SS&D sheets. This licensee’s

current activities are limited to the servicing of distributed gauges. The other two sheets were

issued to manufacturers no longer in the State. With the departure of a Section Manager

earlier this year, the Division currently has only one qualified SS&D reviewer. The Division

Director indicated that a second individual will be trained for SS&D reviews.

The Bureau currently has an initiative to minimize the amount of paper generated and is moving

toward the wide spread use of electronic storage of information. To that end, the Bureau has

initiated the use of tablet personal computers for use by x-ray inspectors. The electronically

recorded information in the field can then be downloaded back at the main office. In the near

future, all Bureau inspectors will have the technology available.

The Division has licenses with three panoramic irradiator facilities. No changes in licensed

activities were reported for these facilities since the last IMPEP review except for the issuance

of security orders by the NRC. The Bureau has not signed a 274i agreement with the NRC. 

The Division has been involved with two significant decommissioning activities since the last

review. In September 2003, the Division completed licensing and inspection activities and

released a facility once used for reactor component decontamination. The Division is currently

working on the decommissioning of a nuclear laundry facility.
South Carolina BRH Periodic Management Meeting Summary page 3

August 2, 2005

The Division does not have any formal mechanism to evaluate performance. Since all licensing

and inspection information is tracked on databases and spreadsheets, the Division Director

periodically reviews the status of Division activities. There are no periodic reports to upper

management except for an annual accountability report for the State Legislature. The Division

Director reported that inspector accompaniments are being conducted annually.

NRC staff described the current status of NRC’s security initiatives involving material licensees,

status of the one Commission vacancy, management changes at the Region and

Headquarters, legislative changes for the NRC as a result of the 2005 Energy Bill, and the

status of activities involving the general licensing and two-man rules. 

The Bureau Chief and Division Director provided feedback on the NRC program for a number

of issues. 

1. Although the Bureau was pleased to see that the Commission agreed to implement

security measures through health and safety, there was concerned that an ambitious

schedule to implement requirements (training, inspection requirements, adoption of

regulations, etc.) for the States may have adverse effects on the programs. 

2. The Bureau suggested that new NRC procedures are needed to handle State input on

compatibility issues. It’s the Bureau’s experience that addressing this matter through

Management Directive 5.3 working groups is not an effective method for the States. 

3. The Bureau has experienced instances where the NRC has requested short turnaround

times for information on a specific issue or request and the State heard from multiple

NRC offices asking the same questions on the same issue.

4. Recognizing that the Commission has already made a decision on the matter, the

Bureau would like to see the NRC reinitiate support for the five-week health physics

course.

5. NMED inquiries and interactions between the NRC, its contractor and the Bureau have

improved significantly. The Bureau appreciates the effort. 

The next IMPEP review for the South Carolina program is scheduled for FY 2007. NRC staff

did not identify any performance issues necessitating a change in the current schedule.
STATE REGULATION STATUS

State: South Carolina [ amendments reviewed are identified by a i Tracking Ticket Number: at the beginning of each equivalent NRC regulation.] Date: August 2, 2005

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

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; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1⁄27/95) 1992-1 F Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F 

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 F Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 F 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 F 
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,61, 70

61 FR 24669; (6/17/99) 1996-3 F 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 P Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F 

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 P Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F 

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F 

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 P

ML020990

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 F Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3 F

ML030550

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part 39 65 FR 20337; (5/17/03) 2000-1 F

ML030550
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)Rule / ML 

1. +Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final Polic

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, 1995.

5. ADAMS ML Number

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML030550

Requirements for Certain Generally Licensed Industrial Devices Containing Byproduct Material- Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1

ML030550

Revision of the Skin Dose Limit -Part 20 67 FR 16298; 4/5/05 2002-1 F

ML051580

Medical Use of Byproduct Material-Parts 20, 32, and 35 67 FR 20249; 10/24/05 2002-2 F

ML051580

Financial Assurance for Materials Licensees – Parts 30, 40, 70 68 FR 57327; (12/3/06) 2003-1Compatibility With IAEA Transportation Safety Standards and Other Transportation SafetyAmendments – Part 71.

69 FR 3697; (10/01/07) 2004-1

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 70 FR 2001; (7/11/08) 2005-1Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 70 FR 16336; (4/29/08) 2005-2