August 18, 2010 

Mr. Robert Owen, Chief 

Bureau of Radiation Protection 

Ohio Department of Health 

246 N. High Street 

P.O. Box 118 

Columbus, OH 43215 

Dear Mr. Owen: 

A periodic meeting with your program was held on August 4, 2010. The purpose of the meeting 

was to review and discuss the status of Ohio’s Agreement State Program. The Nuclear 

Regulatory Commission was represented by Aaron McCraw and me. 

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 (630) 829-9661 or 

email to james.lynch@nrc.gov to discuss your comments. 

Sincerely, 

/RA/ 

Jim Lynch 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: 

As stated 

cc w/ encl: Mike Snee, Administrator 

 Nuclear Material Safety Program 

Carol O’Claire, State Liaison Officer 

 Ohio Emergency Management Agency 
Mr. Robert Owen, Chief 

Bureau of Radiation Protection 

Ohio Department of Health 

246 N. High Street 

P.O. Box 118 

Columbus, OH 43215 

Dear Mr. Owen: 

A periodic meeting with your program was held on August 4, 2010. The purpose of the meeting 

was to review and discuss the status of Ohio’s Agreement State Program. The Nuclear 

Regulatory Commission was represented by Aaron McCraw and me. 

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 (630) 829-9661 or 

email to james.lynch@nrc.gov to discuss your comments. 

Sincerely, 

/RA/ 

Jim Lynch 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: 

As stated 

cc w/ encl: Mike Snee, Administrator 

 Nuclear Material Safety Program 

Carol O’Claire, State Liaison Officer 

 Ohio Emergency Management Agency 

DISTRIBUTION:

Aaron McCraw 

Patrick Louden 

Allan Barker 

Harral Logaras 

DOCUMENT NAME: G:\Work in progress\LTR - 2010 Ohio Periodic Meeting Summary.docx 

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To receive a copy of this document, indicate in the concurrence box "C" = Copy without attach/encl "E" = Copy with attach/encl "N" = No copy

OFFICE RIII C RIII RIII RIII 

NAME JLLynch:jc 

DATE 08/18 /10 

OFFICIAL RECORD COPY
Enclosure 

DATE OF MEETING: AUGUST 4, 2010 

DISCUSSION: 

The Agreement State Program is administered by the Bureau of Radiation Protection (the 

Bureau), within the Ohio Department of Health. The Program is divided into three sections: 

Nuclear Material Safety, Technical Support, and X-Ray. The Technical Support Section is 

responsible for regulations, training, self-assessments, Radiation Safety Officer functions, and 

emergency response. The Nuclear Material Safety Section is divided into three units: Medical, 

Industrial, and Decommissioning. 

The State’s last IMPEP review was conducted in October 2008. The review team found Ohio’s 

performance to be satisfactory for all performance indicators reviewed. The review team made 

one recommendation, discussed below. Accordingly, the review team recommended, and the 

Management Review Board agreed, that the Ohio Agreement State Program was adequate to 

protect public health and safety, and compatible with NRC’s program. This was the third 

consecutive IMPEP review in which all performance indicators were found to be fully 

satisfactory, the highest possible rating. 

The status of the recommendation from the 2008 Ohio Final IMPEP Report is summarized 

below: 

• The review team recommends that the State document and implement a training and 

qualification program that, at a minimum, contains a statement of policy, minimum 

qualifications for staff training, and supervisory verification for ensuring this policy is 

implemented. 

Status: The Bureau developed a staff training and qualification program. Bureau 

managers indicated that the program was implemented for all staff members. This 

recommendation should be verified and closed at the next IMPEP review.

Mark Light, Supervisor 

Chuck McCracken, Supervisor 
2 Enclosure

improvement. 

The Bureau’s Radmat radioactive materials database is nationally recognized and 

provides an excellent management tool. 

 

Program Weaknesses: 

Bureau managers noted that out-of-state travel for training or professional meetings is 

difficult to get approved, even if cost-free to Ohio. Department personnel are limited to 

12 days of out-of-state travel per year. 

Feedback on NRC’s Program: 

The Bureau indicated that they appreciated the good relationship and communication 

that they have with NRC Region III. They were also appreciative of NRC’s funding for 

Agreement State training. 

The Bureau also expressed a desire to improve their interactions with NRC Region II, 

which has jurisdiction over the USEC facility in Piketon. Since Ohio has emergency 

response duties in the area of the facility, Bureau managers believe that increased 

familiarity with operations will be useful. The Region III representative will work with the 

NRC’s liaison program to attempt to improve those communications. 

Staffing and Training: 

Staffing for the Agreement State program remains a challenge with significant budget 

issues facing the State. The Bureau has been able to fill staff positions, with only one 

vacancy in the Program at the time of the meeting. 

The Bureau Chief, Bob Owen, is planning to retire at the end of 2010. 

Program Reorganizations: 

The Bureau has not experienced any program reorganizations since the previous IMPEP 

review, and none are expected. 
3 Enclosure

overdue inspections at the time of the meeting. All inspection frequencies are the same 

as found in the NRC’s Inspection Manual Chapter (IMC) 2800. Several license 

categories identified during the last review were modified to the NRC’s frequencies. The 

Bureau is performing Increased Controls inspections in conjunction with the routine 

health and safety inspections. 

The Bureau conducted three 274i. inspections on behalf of the NRC. Reports were 

compiled and submitted to the NRC. Issues involving potential violations identified 

during the inspections were discussed during the meeting. 

The Bureau regularly performs reciprocity inspections. Ohio is meeting the inspection 

targets in IMC 1220. 

Materials Licensing Program: 

Licensing actions are kept current with no licensing backlog. License applications are 

generally completed within a few weeks of receipt. Sealed Source and Device (SS&D) 

reviews are performed in a timely manner. 

The Bureau has implemented the essential objectives of the NRC’s pre-licensing 

guidance. To meet the requirements, the Bureau hand delivers licenses to new license 

applicants that are unknown to the program. This process allows the Bureau to withhold 

the license if expectations are not met by the applicant. 

Regulations and Legislative Changes: 

The State is up to date on all regulation amendments currently required for 

compatibility. NRC comments on one proposed rule package (RATS 2007-3) remain 

unresolved; however, Bureau managers stated that the final rule addressing those 

comments would be completed in the near future. The regulation promulgation 

process in Ohio takes approximately 1 year to complete. 

The current 10 CFR Part 37 rulemaking initiative was also discussed during the 

meeting. 
4 Enclosure

The Bureau continues to be sensitive to notifications of incidents and allegations. 

Incidents are quickly reviewed for their affect on public health and safety. Twenty-five 

incidents have been reported since the last IMPEP review. Staff is dispatched to 

perform on-site investigations when necessary. The Supervisors have placed emphasis 

on maintaining an effective response to incidents and allegations. 

Status of Allegations and Concerns Referred by the NRC for Action: 

The NRC referred two allegations to Ohio since the last IMPEP review. Six 

allegations were also received directly by the State during the period. All allegations 

were thoroughly investigated in a timely fashion. Allegers’ identities were protected, 

as appropriate. 

Significant Events and Generic Implications: 

The Bureau had two abnormal occurrences since the last IMPEP review. Urology 

Center and Mercy St. Vincent Medical Center both had medical events that met the 

abnormal occurrence criteria. The Urology Center incident was reported in the Fiscal 

Year 2009 report to Congress. The Mercy St. Vincent incident will be included in the 

Fiscal Year 2010 report. Bureau managers stated that the write-up for that incident 

will be submitted to the NRC in the near future. 

Current State Initiatives: 

In December 2008, the Bureau identified a number of events involving the failure of fixed 

gauge shutter closure mechanisms. They issued an Information Notice alerting 

licensees of the generic problems identified and reminded licensees of the reporting 

requirement associated with such failures. The NRC, seeing a similar trend in NRCregulated industries, issued an Information Notice (2009-18) in September 2009 that 

was based on the Ohio document. 

Large, Complicated, or Unusual Authorizations for use of Radioactive Materials: 

Ohio’s significant decommissioning projects were discussed, including Advanced 

Medical Systems (AMS) and Shieldalloy. Significant progress has been made at the 

AMS site, in which all of the cobalt-60 contaminated equipment and debris was 

disposed of through an authorized vendor. Contaminated structures remain to be 

 
5 Enclosure

Inspectors are accompanied at least annually by their Supervisors. 

Current NRC Initiatives: 

NRC staff discussed ongoing initiatives with the Ohio representatives. These included 

pre-licensing guidance, national source tracking, and the integrated source management 

initiative. 

CONCLUSION: 

The Ohio Agreement State Program remains a very active, strong, stable program with 

excellent management support. Staffing has remained consistent since the last review 

and the training level for staff members is on target. Ohio managers indicated that they 

will continue to support the IMPEP program, NRC working groups, the Organization of 

Agreement States, and CRCPD. The Bureau has an effective self-audit program that 

enables self-identification of programmatic issues prior to their escalation to performance 

weaknesses. 

Schedule for the Next IMPEP Review: 

NRC staff recommends that the next IMPEP review to be held, as currently scheduled, 

in late 2012.