UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

REGION IV 

611 RYAN PLAZA DRIVE, SUITE 400 

ARLINGTON. TEXAS 7601 1-8064 

September 14, 2004 

Terry L. OClair, Director 

Division of Air Quality 

Department of Health 

1200 Missouri Avenue, Room 304 

P.O. Box 5520 

Bismarck, North Dakota 58506-5520 

Dear Mr. O'Clair: 

A periodic meeting with North Dakota was held on August 17, 2004. The purpose of this 

meeting was to review and discuss the status of North Dakota's Agreement State Program. 

The NRC was represented by Charles Cain and myself from NRC's Region IV office, and 

Cardelia Maupin from the Office of State and Tribal Programs (by telephone). 

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) 860-81 16 or 

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

I 

Sincerely, 

Linda McLean 

Regional State Agreements Officer 

Enclosure: 

As stated 

cc w/encl 

Paul Lohaus, Director, STP 

Kenneth W. Wangler 

Radiation Control Program 

North Dakota Department of Health 

1200 Missouri Avenue, Box 5520 

Bismarck, North Dakota 58506-5520 
PERIODIC MEETING SUMMARY FOR NORTH DAKOTA 

DATE OF MEETING: AUGUST 17,2004 

ATTENDEES: 

STATE 

Kenneth Wangler, Manager, Radiation Control Program 

James Killingbeck, Environmental Scientist, RAM Licensing and Control 

Justin Griffin, Environmental Engineer, RAM Licensing and Control 

David Glatt, Chief, Environmental Health Section (at exit meeting) 

Charles L. Cain, Senior Materials Analyst, Region IV 

Linda McLean, Regional State Agreements Officer, Region IV 

Cardelia Maupin, Agreement State Project Officer, Office of State and Tribal Programs (by 

telephone) 

DISCUSSION: 

The North Dakota Agreement State program is administered by the Radiation and Indoor Air 

Health. The Department is the designated radiation control agency. The North Dakota 

Agreement State program regulates 60 specific licenses authorizing Agreement materials. The 

last IMPEP Review of the program was conducted April 23-25,2003. All indicators were found 

satisfactory and no recommendations were made. 

Branch, Division of Air Quality, Environmental Health Section, North Dakota Department of I 

Program items discussed: 

1. Strengths and/or weaknesses of the State program as identified by the State or NRC 

including identification of actions that could diminish weaknesses. 

a. Strenaths: The program has an experienced and motivated staff. Other strengths 

include: excellent working relationship with the staff; good senior management support 

for the program; good rapport with licensees; and good technical support from the 

State’s information technology staff. 

b. Weaknesses: The program has limited out-of-state travel authorization which has 

affected staff’s supplemental training. Another weakness is the State’s salary structure. 

Feedback on NRC‘s Droaram as identified bv the State and includina identification of 

any action that should be considered bv NRC: The State suggested that the NRC use 

more distance education (Le. video training) similar to the FDA and EPA programs. 

Also discussed was the likelihood of the proposed change to the AEA authorizing the 

NRC to regulate NARM. 

2. 
PERIODIC MEETING SUMMARY FOR NORTH DAKOTA 

3. Status of State Proaram includinq: 

a. Staffina and Training: The program has two radioactive materials inspectors. The 

inspectors have completed core training courses needed for their program. As 

mentioned above the State has restrictions on out-of-state travel which limits the 

program’s ability to send staff to supplemental training courses. One staff member is 

currently enrolled in an on-line health physics course which meets or exceeds the 

training received from the five week course. , 

b. Materials Inspection Proaram: The program regulates 60 specific licenses. No 

inspections are overdue by 25%. Attached is a sample of their inspection tracking 

report. 

c. Reaulations and Leaislative chanaes: Regulations are all current, including Part 35. 

The program will update the State Regulation Status database and send it to STP. 

(Updates have been sent to STP since the review, and STP has updated the database.) 

d. Proaram reoraanizations: There are no pending reorganization changes. 

e. Chanaes in Proaram budaevfunding: There are no pending State program changes. 

4. Event Reportina. includinq follow-up and closure information in NMED: All reportable 

incidents are entered into the NMED database. All NMED events for North Dakota are 

closed and completed 

5. Response to Incidents and Alleaations: The NRC has not referred any allegations to 

North Dakota during the period. The State referred one allegation to the NRC. The 

state discussed two recent events: The recovery of an abandoned nuclear gauge and 

the administration of Tc-99m to a hospital staff at one their medical licensees. 

6. Information exchanae and discussion: 

a. Current State initiatives: The program may be interested in participating in the 

IMPEP reviews. 

b. Emeraina technoloaies: The State licensed its first PET cyclotron. The radioactive 

material produced by the cyclotron will be used for research only. 

c. State’s mechanisms to evaluate performance: While the State does not conductformal audits or self-assessments, program management and staff maintain a 

continuous awareness of the status of the program using the computerized tracking 

system. The program is evaluated on an on-going basis; corrective actions or 

improvements are implemented as needed. Program management accompanies staff 

on 10 percent of the inspections performed and reviews 100 percent of the licenses 

issued . 
PERIODIC MEETING SUMMARY FOR NORTH DAKOTA 

7. Schedule for the next IMPEP review: Program management requested that the next 

IMPEP review be scheduled in March, April, or May 2007 because of other 

commitments impacting the State. 

8. Other topics discussed: 

Manual Chapter 2800 changes: Changes in NRC inspection frequencies and how they 

may affect the State’s inspection program were discussed. 

A copy of the Region IV organization chart was provided to the Section. 

Security inspections and the 274(i) agreement change: Currently North Dakota does 

not have any licensees that meet the initial category requirements for security 

inspections. 

The interim Data Base and the NMMSS data base were discussed. The Program 

indicated that the licensee collection form was long, confusing, and difficult to fill out. 

The Program Manager stated that the entire process has been confusing for states due 

to long delays between correspondence, failure to clearly distinguish between 

applicability of tables and lack of clarity in the instructions. The Program recommends 

that the form be simplified and that NRC send the information in a manner that is 

consolidated, complete and clear. 
Terry L. O’Clair, Director 

bcc: (via ADAMS e-mail distribution): 

MSatorius 

CCain 

VCa mp be I I 

JCook 

KSchneider, STP 

AMcCraw, STP 

CMaupin, STP 

BMaier 

ADAMS: Byes No Initials: -mlm 

DOCUMENT NAME: S:\DNMS\SAO\Periodic Meetings\2004\North Dakota\Rev. 1 summary.wpd final 

Publicly Available 0 Non-Publicly Available 0 Sensitive Non-Sensitive 

-. 

OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax 
Lrv 

Radiation Control Program 

Ken 2 

Jim 12 

Justin 13 

Proposed Inspection Schedule 

11.8 

70.6 

76.5 

Sorted by: Due Date 

E r 

.I c 1 3 LICENSE# TYPE LICENSEE CITY DUEBY PRI COMMENTS 4 M c, c-, 

I vlvlv 

I VALLEY CITY I Multiple I N/A I Special Oversight I I vlvlv 

N/A I N/A HEALTH CARE INCINERATORS FARGO I Multiple I N/A I Special Oversighr I I 

N/A I N/A ISURE- WAY SYSTEMS, INC. 

Average = 1.42 Required Inspections per Month 

(From 8/10/2004 to 8/10/2005) 

*As of 08/10/04 

Scheduled Inspections: 

Total Inspections Due in One Year: 

Core Inspections are 

25% Overdue Inspections are 

Non-Routine Inspections are 

Reciprocity Inspections are 

E No Trip Grouping * Trip Grouping 

Inspections Due in One Year Prepared by: Justin M. Griffin on 8/10/2004