July 26, 2007

Mr. Walter Medina, Program Manager

Radiation Control Bureau 

Environmental Health Division 

New Mexico Environment Department

P.O. Box 26110 

Santa Fe, NM 87502-6110

Dear Mr. Medina: 

A periodic meeting with New Mexico was held on June 28, 2007. The purpose of this meeting

was to review and discuss the status of New Mexico’s Agreement State Program. The NRC

was represented by myself and Leonard Wert from NRC’s Region IV office. 

I have completed and enclosed a general meeting summary, including any specific actions

resulting from the discussions. 

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) 860-8116 or

e-mail MLM1@NRC.GOV to discuss your concerns.

Sincerely,

/RA/

Linda McLean

Regional State Agreements Officer

Region IV

ENCLOSURE: 

 As stated 

cc w/enclosure: 

Janet Schlueter, Director

Office of Federal and State Materials and 

Environmental Management Programs (FSME)

John Parker, Chief 

 New Mexico Radiation Control Bureau

Ana Marie Ortiz, Director 

 Environmental Health Division 
-2-

bcc: (via ADAMS e-mail distribution):

Leonard Wert

Charles Cain

Randy Erickson

Aaron McCraw, FSME

Dennis Sollenberger, FSME

Duncan White, FSME

William Rautzen, FSME

ML 

SUNSI Review Completed: ADAMS: Yes No Initials: __mlm____ 

ADAMS: :Yes 9No Initials: _mlm_____ 

:Publicly Available 9Non-Publicly Available 9Sensitive :Non-Sensitive

DOC NAME: C:\FileNet\ML072070474.wpd final:s:\dnms\ ltrs-memos\

RIV:RSAO

MLMcLean

/RA/

07/26/07

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

PERIODIC MEETING SUMMARY FOR NEW MEXICO

DATE OF MEETING: June 28, 2007

ATTENDEES:

State NRC

John Parker, Bureau Chief

Walter Medina, Program Manager

Ana Marie Ortiz, Director

Daniela Bowman, Environmental Scientist

Michael Ortiz, Environmental Scientist

Santiago Rodriguez, Environmental Scientist

Margaret Roybal, Environmental Scientist

Carl Sullivan, Environmental Scientist

Edward Vigil, Environmental Scientist

Linda McLean, Regional State Agreements

Officer

Leonard Wert, Division Director

DISCUSSION: 

The following is a summary of the meeting held in Santa Fe, New Mexico, on June 28, 2007, 

between representatives of the NRC and the State of New Mexico. During the meeting, the

topics suggested in the letter dated May 3, 2007, from Mrs. McLean to Mr. Medina were

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

The New Mexico Agreement State Program is administered by the Radiation Control Bureau in

the Environmental Health Division of the New Mexico Environment Department. The Program

regulates approximately 194 specific licenses authorizing Agreement materials. 

The last Integrated Materials Performance Evaluation Program (IMPEP) Review was conducted

during the week of June 6-10, 2005. The review team found New Mexico’s performance to be

satisfactory for five of the performance indicators reviewed, and one to be satisfactory but

needs improvement (Technical Quality of Licensing Actions). Therefore, the review team

recommended and the MRB concurred, that the next full review will be in approximately four

years. Two recommendations from the IMPEP Review are described below. 

Status of State’s actions to address open previous IMPEP review findings and/or open

recommendations.

1. The review team recommended that the Program retrain its staff with regard to following

its established procedure for termination of radioactive material licenses and follow-up

actions by the inspectors regarding closeout surveys or additional documentation to

support the termination request. 

Current Status

The Program is performing decommissioning surveys and requiring Certificates of

Disposition of the material before terminating licenses. In addition, state of the art
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ENCLOSURE 

instrumentation has been purchased to conduct the surveys. It is recommended that

this item be closed at the next IMPEP Review.

2. The review team recommended that the Program develop and implement a process that

ensures an adequate evaluation of license renewal information. 

Current Status

The Program requires licensees to submit completed applications for all renewals. The

renewal frequency is every five years. It is recommended that this item be closed at the

next IMPEP Review.

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

identification of actions that could diminish weaknesses.

Strengths: The Program has an experienced and motivated staff. The State’s fee schedule

has provided the Program with greater opportunities for staff training and for public outreach. 

The fees have provided adequate money for staff training, better radiation detection equipment,

and other equipment needed for the Program. 

Weaknesses: The Program usually has one vacant position due to staff turnover. Currently,

there is one vacancy, and the position has been posted. Another weakness is that the

Program’s procedures need to be updated. 

Feedback on NRC’s program as identified by the State and including identification of any action

that should be considered by NRC. 

• The Program said that the fingerprinting rule should be risked informed, have clear

procedures, and appropriate adjudication criteria. 

• NRC needs to increase the number of spaces in the increased controls training course 

for State staff. 

• The Program asked that the training course list be issued earlier in the year for budget

planning. 

Status of State Program including: 

Staffing and training; number of staff in the program and status of their training and

qualifications; program vacancies; staff turnover; adequacy of FTEs for the materials program.

• The Program is authorized for eight positions. These positions include one Program

Manager and seven Environmental Specialists. Inspectors are crossed trained in X-ray

and radioactive materials inspections. There is one inspector vacancy. The Program

may need additional staff in the future due to additional work loads being done with no

additional staff (e.g., increased controls inspections).

Materials Inspection Program: Status of the inspection program including if an inspection

backlog exists and the steps being taken to work off backlog.
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ENCLOSURE 

• The Program has no overdue inspections and no backlog in licensing actions. 

Regulations and Legislative changes: Status of State’s regulations and actions to keep

regulations up to date. The Program is working on the following two overdue regulations. In

addition, the State Regulation Status (SRS) sheet has some effective dates not listed. The

Manager said that they would update the SRS. 

• “Medical Use of Byproduct Material,” 10 CFR Parts20,32, and 35 amendment

(67 FR 20249) that became effective October 24, 2002, and is due for Agreement State

adoption by October 24, 2005.

• “Financial Assurance for Materials Licensees,” 10 CFR Parts 30, 40, and 70

(68 FR 57327) that became effective December 3, 2003, and is due for Agreement

State adoption by December 3, 2006. 

The State will need to address the following three regulations in upcoming rulemakings or by

adopting alternate legally binding requirements:

• "Compatibility with IAEA Transportation Safety Standards and Other Transportation

Safety Amendments," 10 CFR Part 71 amendment (69 FR 3697) that became effective

on October 1, 2004, and is due for Agreement State adoption by October 1, 2007.

• “Minor Amendments,” 10 CFR Parts 20, 30, 32, 35, 40 and 70 amendments

(71 FR 15005) that became effective March 27, 2006, and is due for Agreement State

adoption by March 27, 2009.

• “Medical Use of Byproduct Material - Recognition of Speciality Boards,” 10 CFR Part 35

amendment (70 FR 16336) that became effective April 29, 2005, and is due for

Agreement State adoption by April 29, 2008. 

Program reorganizations: changes in program organization including program/staff relocations

and new appointments: 

• No changes in the program’s organization are expected. 

Changes in Program budget/funding: 

• No changes are expected. 

Event Reporting, including follow-up and closure information in NMED.

• Five event reports were reported in NMED. All reports were complete and closed where

applicable. 

Response to Incidents and Allegations: Status of allegations and concerns referred by the NRC

for action; Significant events and generic implications. 
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ENCLOSURE 

• One allegation was forwarded to the Bureau. The allegation was appropriately reviewed

and closed. 

Information exchange and discussion:

• Current State initiatives: A proposal to migrate data to a more secure program was sent

to the Chief Information Officer. The changes would provide a more secure system and

would be more internet friendly for the State’s stakeholders. 

• Emerging technologies: The Program has received a license application from a

company that will provide adsorptive media to municipal water supplies for removing

radium, uranium and other contaminants from water.

• Large, complicated or unusual authorizations for use of radioactive materials: (e.g..,

major decommissioning and license termination actions): The Program is processing

the decommissioning of Thermo-Electron, Company’s radiochemistry laboratory.

• State’s mechanisms to evaluate performance: Management reviews all licenses and

inspections reports. Monthly reports are generated for the status of licensing actions

and inspections. The Program has performance measures that include licensing and

inspection timeliness and inspection frequencies. The report is sent to senior

management. Inspector accompaniments by management are conducted regularly. 

Summary: The New Mexico Radiation Control Program appears to be a strong, stable

Agreement State program. The program has a strong core of cross-trained staff and the

training level for staff members is good. There appears to be good management support for

the Program. 

Schedule for the next IMPEP review: Based on the results of the last IMPEP review, the review

team recommended and the MRB concurred, that the next full review would be in approximately

four years. Hence, the next review will be in FY 2009.