April 6, 2012

Terry L. O'Clair, Director

 Division of Air Quality

North Dakota Dept of Health

918 East Divide Avenue

Bismarck, ND 58501-1947

SUBJECT: SUMMARY OF PERIODIC MEETING WITH NORTH DAKOTA DEPARTMENT OF 

HEALTH HELD ON MARCH 8, 2012

Dear Mr. O'Clair,

A periodic meeting was held with Mr. Dan Harman and you on March 8, 2012, at your offices at 

the Department of Health, Division of Air Quality in Bismarck, North Dakota. The purpose of this 

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

The NRC was represented by Dr. Janine Katanic from the Office of Federal and State Materials 

and Environmental Management Programs (FSME) and me from Region IV.

We have completed and enclosed a general meeting summary. If you or your staff determines

that our conclusions do not accurately summarize the meeting discussion, or if there are any 

additional remarks or questions regarding the meeting, please contact me at 817-200-1116 or 

by e-mail at Rachel.Browder@nrc.gov to discuss your concerns. There will be a Special MRB 

for this Periodic Meeting, which will be coordinated with you.

Sincerely,

/RA/

Rachel S. Browder, CHP

Regional State Agreements Officer

Enclosure:

North Dakota Periodic Meeting Summary 

UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION IV

1600 EAST LAMAR BLVD

ARLINGTON, TEXAS 76011-4511
Terry L. O'Clair - 2 -

cc w/enclosure:

Dan Harman, Supervisor

 Radiation Control Program

North Dakota Dept of Health

Division of Air Quality

918 East Divide Avenue

Bismarck, ND 58501-1947
Terry L. O'Clair - 3 -

Internal distribution via e-mail w/enclosure:

Roy Caniano, D:DNMS

Vivian Campbell, DD:DNMS

Brian McDermott, D:FSME/MSSA

Pam Henderson, ADD:FSME/MSSA

Duncan White, BC:FSME/MSSA

Rachel Browder, RSAO

Randy Erickson, RSAO

Lisa Dimmick, FSME

Janine Katanic, FSME

Michelle Beardsley, FSME

Karen Meyer, FSME

ML12097A460

S:\DNMS\!SAO\Periodic Meetings\2012\North Dakota\ND Periodic Meeting Summary 3-8-12.doc

ADAMS  Yes  No SUNSI Rev Complete Reviewer Initials: RSB

Publicly Available  Yes  No Sensitive:  Yes  No

RIV:RSAO

RSBrowder

 /RA/

4/ 6 /12

OFFICIAL RECORD COPY
Enclosure 1

NORTH DAKOTA PERIODIC MEETING SUMMARY

Date of Meeting: March 8, 2012

Attendees

NRC NORTH DAKOTA

Rachel Browder, RSAO Terry L. O'Clair, Director

 Division of Air Quality

Janine Katanic, Ph.D., FSME Dan Harman, Supervisor

 Radiation and Indoor Air Program

Dave Stradinger, Technical Staff

 Radiation Control Program

Lewis Vigen, Technical Staff

 Radiation Control Program

DISCUSSION:

The North Dakota Agreement State Program is administered by the Department of Health, 

Division of Air Quality (Division), Radiation Control Program. The Radiation Control Program

regulates approximately 90 specific licenses authorizing byproduct, source, and certain special 

nuclear materials (radioactive materials). The number of specific licenses has increased from 

76 licenses at the time of the IMPEP review in April 2011. The increase is due primarily to the 

increased number of radiography and well logging licenses in support of activities from the 

Bakken oil and gas formation in the state. The increase in the number of industrial licenses has 

also increased the number of inspections performed by the Radiation Control Program.

The last IMPEP review was conducted April 4-8, 2011. The review team recommended and the 

Management Review Board (MRB) agreed that a period of Heightened Oversight be initiated for 

North Dakota Agreement State Program. There were eleven recommendations which 

addressed training and staff retention, the inspection program, licensing program, and 

development of policies and procedures for incidents and allegations. The IMPEP review team 

further recommended, and the MRB agreed, that a Periodic Meeting be held within one year to 

assess the State’s progress in addressing the open recommendations, and that a follow-up 

IMPEP review take place in approximately two years, which would be April 2013. The purpose 

of this Periodic Meeting is to fulfill that requirement in order to evaluate the overall 

implementation of the Agreement State Program. 

Performance Improvement Plan

The Radiation Control Program developed a Performance Improvement Plan (PIP) 

(ML112341233) to address each recommendation identified during the IMPEP review. The PIP 

was approved by letter dated October 3, 2011 (ML112720330). Following is a status of the 

actions to address each recommendation. These actions should be reviewed during the next 

IMPEP in order to close the respective recommendation.
- 2 -

1. The review team recommends that the State: (1) update its existing procedures and 

develop new procedures, as necessary, to memorialize the policies and practices of the 

Agreement State program and to serve as a knowledge management tool, and 

(2) examine options to increase staff retention and/or develop sufficient depth in staffing 

to effectively implement the program. (Technical Staffing and Training) 

Status: The Radiation Control Program is developing written polices and procedures to 

capture all of the necessary processes for program implementation. The overarching 

management document will outline the polices and the procedures will implement the 

program. These documents will serve as a knowledge management tool. Additional 

staff from other units have been identified to attend NRC training courses as a means to 

develop depth in staffing to support the Radiation Control Program. The Department 

has provided annual performance bonuses to assist with staff retention. In addition, the 

Department indicated that the staff may participate in the Department's mentorship 

program to further develop and enhance leadership and management training skills, 

which is an avenue to retain employees.

2. The review team recommends that the State take measures to ensure that initial 

inspections are performed at the interval prescribed in IMC 2800. (Status of Materials 

Inspection Program) 

Status: The Radiation Control Program has developed checklists and policies to 

perform initial inspections at a target date of nine months after the license is issued to 

ensure that the twelve month initial inspection requirement is met. The nine month 

target is tracked in their inspection database. The Radiation Control Program reported 

that since the IMPEP, no initial inspections have exceeded the interval prescribed in 

IMC 2800.

3. The review team recommends that the State take measures to ensure that inspection 

findings are communicated to licensees within 30 days of the date of the inspection. 

(Status of Materials Inspection Program) 

Status: The Radiation Control Program has drafted and issued a procedure that 

specifies findings should be communicated to licensees within 30 days of the date of the 

inspection. The target date for inspection report issuance is tracked by the Radiation 

Control Program in an electronic assignment tracker system.

4. The review team recommends that the State: (1) take measures to ensure that sufficient 

information pertaining to inspection observations and identified non-compliances is 

documented in inspection records and in letters to licensees and that these documents 

be appropriately reviewed by management, prior to issuance, for thoroughness and 

consistency, and (2) develop and implement a plan to address comments noted in 

Appendix C related to identified items of non-compliance that were not included in 

findings that were dispatched to licensees. (Technical Quality of Inspections) 
- 3 -

Status: The Radiation Control Program has drafted and implemented procedures to 

ensure that the identified findings are captured in the letter issued to the licensee. The 

Radiation Control Program is continuing to review and address comments associated 

with Appendix C from the last IMPEP report. To assist the Radiation Control Program in 

addressing the Appendix C comments, Dr. Katanic provided further clarification to the 

Branch Manager regarding the comments that lacked specific detail.

5. The review team recommends that the State obtain additional training (formal and onthe-job, as appropriate) for the Branch manager and members of the technical staff to 

enhance inspection skills, particularly with regards to: (1) radiation safety issues 

associated with cyclotron operations, and (2) proper operation and use of radiation 

survey and measurement instrumentation. (Technical Quality of Inspections) 

Status: Regarding item (1), the Radiation Control Program has continued to work with 

the State of Minnesota to obtain training on cyclotron inspections. The continued 

training consisted of the Radiation Control Program observing cyclotron inspections in 

the State of Minnesota and an inspector from the State of Minnesota performing an 

accompaniment of the inspector performing the cyclotron inspection in North Dakota 

jurisdiction. Regarding item (2), the staff from NRC's TTC, along with contracted 

personnel from ORISE, provided specific instrumentation training to the technical staff 

members in the State of North Dakota during the week of October 25-27, 2011. In 

addition, to further enhance the technical staff inspection skills, the Radiation Control 

Program is coordinating with the Region IV office to observe NRC inspections, and then 

will coordinate NRC accompaniments of the Radiation Control Program inspectors, in 

order to obtain NRC's evaluation and feedback.

6. The review team recommends that the State: (1) take measures to ensure that the 

Branch’s review of licensing actions are adequately documented and that licensing 

actions are thorough and consistent with the regulations and appropriate licensing 

guidance, and (2) take measures to address the licensing deficiencies that were 

identified in the comments in Appendix D. (Technical Quality of Licensing Actions)

Status: The Radiation Control Program has developed written policies and procedures 

to address licensing action processes. The policies and procedures address new 

license applications, renewals, routine amendment requests, and reciprocity requests. 

In addition, appropriate licensing action checklists have been developed and are being 

used to ensure actions are completed in accordance with the appropriate NUREG-1556 

guidance. The Radiation Control Program has reviewed the casework identified in 

Appendix D and have taken measures as appropriate to address the licensing 

deficiencies that were identified in the comments. In addition, the Radiation Control 

Program has requested additional information from the license holders of the broad 

scope and cyclotron licenses, in order for the Program to review and evaluate the 

respective licensee's program.
- 4 -

7. The review team recommends that the State provide additional training to the Branch 

manager and technical staff members regarding technical review of licensing actions, 

including training to ensure that the staff acquires increased familiarity with: (1) the 

regulations under North Dakota’s equivalent to 10 CFR Parts 30 through 39, and 

(2) applicable licensing guidance documents for use authorization and license 

conditions. (Technical Quality of Licensing Actions) 

Status: The Radiation Control Program has received specific training for more 

complicated types of licensing actions by the Region IV staff during the week of 

March 5, 2012. Region IV staff has also provided informal training to Radiation Control 

Program staff based on their inquiries to specific types of licensing actions. In addition, 

the Radiation Control Program has developed checklists for each type of licensing action 

supported by the NUREG-1556 series.

8. The review team recommends that the Branch take measures to determine and 

document the basis of confidence, through consistent use of the pre-licensing checklist 

and guidance, that radioactive materials will be used as intended and as described in the 

application or amendment request, prior to authorizing the material on the license. 

(Technical Quality of Licensing Actions) 

Status: The Radiation Control Program has developed checklists to provide a basis of 

confidence that radioactive materials will be used as intended. The Radiation Control 

Program reported that they have been utilizing the checklists during the pre-licensing 

process, including performing and documenting pre-licensing visits where necessary. 

The checklists will be incorporated into the policies and procedures for performing 

licensing actions. 

9. Regarding financial assurance, the review team recommends that the State: (1) develop 

a procedure or policy to assess finance assurance requirements as part of significant 

licensing actions and during licensing renewals; (2) review all North Dakota licenses to 

determine whether licensees require financial assurance, and either request financial 

assurance for licenses that are authorized to possess the applicable quantities or revise 

the license conditions to ensure clear quantity limits that will not require provision of 

financial assurance; and (3) take measures to ensure that any financial assurance 

instruments received by the Branch are maintained and stored in accordance with State 

requirements. (Technical Quality of Licensing Actions) 

Status: The Radiation Control Program instituted use of a procedure and spreadsheet 

to determine whether applicants or existing licenses required financial assurance. The 

Radiation Control Program indicated that the licenses had been reviewed for financial 

assurance and the necessary instruments had been obtained, as required. The 

instruments were stored in accordance with the Program's policy. The Radiation Control 

Program intends to perform an annual audit of the financial assurance program to 

ensure that the requirements are being met. In addition, the Radiation Control Program 

has reviewed and modified open-ended possession limits as appropriate for applicable 

licenses. 
- 5 -

10. The review team recommends that the State strengthen its incident response program 

and take measures to ensure that: (1) reported incidents are consistently evaluated to 

determine the appropriate type and level of Branch response; (2) licensee event reports 

are reviewed by the Branch for completeness and appropriate corrective actions; and 

(3) the Branch’s evaluation of licensee events, whether based on a review of licensee 

reports, on-site reviews, or inspection follow-up, is properly documented to facilitate 

future follow-up. (Technical Quality of Incident and Allegation Activities) 

Status: The Radiation Control Program has developed a checklist to ensure that 

pertinent incident information is obtained for various types of materials incidents. The 

Radiation Control Program is developing policies and procedures to process, track and 

close the incident, as well as develop criteria to determine when to inspect, perform onsite reviews, and ensure that licensee corrective actions are documented and 

implemented appropriately. There have been no reported incidents since the IMPEP so 

the Radiation Control Program has not had the opportunity to utilize this new process.

11. The review team recommends that the State strengthen its allegation program and take 

measures to ensure that: (1) allegations are promptly evaluated to determine the 

appropriate type and level of Branch response; (2) the Branch’s evaluation of allegations 

and any actions taken in response to allegations is properly documented to facilitate 

future follow-up; and (3) processes are in place to provide a response to allegers as 

appropriate. (Technical Quality of Incident and Allegation Activities) 

Status: The Radiation Control Program has developed a checklist to ensure that 

pertinent information for the allegation is obtained. The Radiation Control Program is 

developing policies and procedures to address how to process, track and close 

allegations. In addition, the Program indicated that they are developing criteria to 

determine when to inspect, perform on-site reviews, and ensure the allegation is 

properly documented. The Radiation Control Program expressed that they provide the 

results of the investigation into the allegation to the concerned individual at the 

conclusion of the investigation, either by email or formal correspondence. 

Program Strengths 

During the last IMPEP review period there were significant turnovers within the Radiation 

Control Program, which impacted the program and contributed to the number of 

recommendations identified by the IMPEP review team. Over the past year since the last 

IMPEP review, there has been stability in the staffing of the Radiation Control Program

positions. The two technical staff members have completed most of the required training 

courses and some of the specialized training courses necessary to support the program. The 

Director indicated that the staff are very competent and have gained significant confidence in 

implementing the program requirements. The Director indicated that as the staff gain more 

experience and confidence then it will greatly enhance the program. The Director indicated that 

another strength of the program is that the budget is well funded overall in state programs and 

therefore does not impact program resources.
- 6 -

Program Weaknesses 

The Radiation Control Program went through a cycle of significant turnover during the last 

IMPEP review period. The Radiation Control Program is fully staffed with two technical staff 

members and one supervisor to support a growing radiation control program. The Director 

indicated that minimum staffing levels could potentially be a weakness, in the event the program 

experiences any turnover. As a result, additional personnel in the Air Quality Division are being 

trained to support the Agreement State Program and provide the additional man-power support 

in areas, such as limited medical inspections.

Feedback on NRC’s Program

The Radiation Control Program indicated that the IMPEP process was a very beneficial program 

and the review team provided good recommendations that focused the Radiation Control 

Program on areas of improvement. The IMPEP process guided the Radiation Control Program

to develop policies and procedures to promote knowledge management transfer and minimize 

the impacts from any future, potential turnover in personnel.

Staffing and Training

The Radiation Control Program experienced a number of turnovers during the last IMPEP 

review period. However, during the past two years, there has been stability in staff supporting 

the program, which includes one supervisor and two staff members. One of the technical staff 

members is qualified to perform all program type inspections, and the second staff member is 

qualified to perform fixed and portable gauge inspections. The second staff member is working 

towards completing his inspection qualification journal for all program types. The Radiation 

Control Program follows the guidance in IMC 1246, "Formal Qualification Programs in the 

Nuclear Material Safety and Safeguards Program Area" by generating qualification journals to 

support the qualification of each technical staff member.

Both technical staff members work independently as well as collaboratively to ensure that 

licensing actions address all health and safety issues and reflect the licensing guidance in 

NUREG-1556 series. The licensing actions are reviewed by the Supervisor and signed by the 

Division Director.

As part of the cross-training initiative, the Radiation Control Program is training two additional 

staff members from other units to support the Radiation Control Program, by sending them to 

the NRC-sponsored core training courses. This effort should lessen any future impacts as a 

result of turnovers or retirements. 

The Radiation Control Program indicated that they have been able to obtain the training classes 

necessary to support the inspection and licensing qualification program.

Program Reorganizations

There has not been a program reorganization since the IMPEP review.
- 7 -

Changes in Program Budget/Funding

North Dakota state programs, including the Radiation Control Program, have not been impacted 

by the recession or a reduction in revenue as a number of other state economies have 

experienced. The state is poised to continue to successfully meet their budget obligations 

based on the strong state economy as a result of the oil and gas industry and fiscally 

conservative agenda in the state programs. The Radiation Control Program evaluated their fee 

structure and set up a six-year program which automatically increased fees by fourteen percent 

annually. After the sixth year, the fee structure will be adjusted automatically based on the 

Consumer Price Index (CPI). The year 2013 will be the third year in the six-year program. 

Even with the increase in fees, the North Dakota fee structure is approximately 20-40 percent of 

the NRC fee structure.

Materials Inspection Program 

The number of licenses in the Radiation Control Program has increased by approximately 

20 percent over the last year, to approximately 90 specific licenses total. The majority of new 

licenses issued are radiography and well logging to support the oil and gas industry in the state. 

The inspection interval for a radiography license with temporary jobsite authorization is every 

year and the interval is three years for well logging license. At the time of this periodic meeting, 

the Radiation Control Program reported that there were no overdue inspections. The security 

inspections were being performed in conjunction with the health and safety inspections. The 

Radiation Control Program schedules the initial inspection for new licenses within nine months 

to ensure the inspection is completed within the first year. The Radiation Control Program

follows IMC 2800 for the inspection priority codes assigned to the respective program code. 

Reciprocity activities are tracked in a database to ensure inspections of licensed activities are 

performed when possible to meet the inspection criteria in IMC 2800. The Radiation Control 

Program has faced challenges in performing routine and reciprocity inspections of licensed 

activities involving the oil and gas industry due to lodging shortages in the geographic area and 

the extensive driving distances involved to reach the work locations. 

Materials Licensing Program

As already indicated, there was an increase in the number of new licenses issued during this 

review period. The Radiation Control Program indicated that they were performing pre-licensing 

visits in accordance with the risk significant radioactive material (RSRM) guidance and 

performing the pre-licensing security inspections as required by IMC 2800. The Radiation 

Control Program indicated that their expectation was to complete licensing actions within 

30-days, once the technical staff had received the completed application or amendment request 

and all supporting documentation. The Radiation Control Program indicated that they do not 

have a backlog of licensing actions. Since the last IMPEP review, the Radiation Control 

Program has reviewed all licenses for financial assurance and ensured that the required 

instruments were submitted. The financial assurance instruments were controlled in 

accordance with the Division's policy. 

Regulations and Legislative Changes

The State is up to date on the submittal of regulatory amendments currently required for 

compatibility, and they have a process in place to address the comments which were identified

in the final rule packages for (RATS ID 2006-2) and (RATS ID 2007-3). The state did not have 
- 8 -

any comments for (RATS ID 2001-1), which concerns generally licensed devices (GLDs). This 

regulation review has been held in abeyance as a result of the proposed rule on GLDs. 

However, as discussed during the periodic meeting and as documented in FSME letter 12-016, 

there was a change in compatibility of 10 CFR 31.5 and 31.6, as well as the withdrawal of the 

proposed rule and closure of Petition For Rulemaking: Organization of Agreement States and 

Florida Department of Health, Bureau of Radiation Control. The NRC will review 

(RATS ID 2001-1) and (RATS ID 2012-1) and self initiate changes to North Dakota's State 

Regulation Status (SRS) Data Sheet and close the review by letter. Therefore, the State will not 

be required to submit a package for (RATS ID 2012-1). The State indicated that they didn't 

have any plans to modify this section of the regulations. 

The following amendments will need to be addressed by the Radiation Control Program in 

future rulemakings or by adopting alternate generic legally binding requirements: 

• “Decommissioning Planning,” 10 CFR Parts 20, 30, 40, and 70 amendment 

(76 FR 35512) that is due for Agreement State adoption by December 17, 2015

• "Licenses, Certifications, and Approvals for Materials Licensees," 10 CFR Parts 30, 

36, 40, 70, and 150 (76 FR 56951) that is due for Agreement State adoption by 

November 14, 2014

Event Reporting, Including Follow-up and Closure Information in NMED

At the time of the periodic meeting, the Radiation Control Program did not have any events 

reported in the Nuclear Material Events Database (NMED) since the April 2011 IMPEP review. 

The Radiation Control Program has developed procedures to track and investigate events. The 

procedure follows the guidance in FSME procedure, SA-300, "Reporting Material Events."

Response to Incidents and Allegations

The Radiation Control Program continues to be responsive to notifications of incidents and 

allegations. The Radiation Control Program responded to several allegations received during 

the review period. There were not any events during the review period. The Radiation Control 

Program recognizes the importance of having a regulatory presence in the field to respond to 

events and allegations, as well as the importance and impact that the regulatory presence and 

availability of the technical staff in the field can provide to the licensee.

The Department performs outreach to the North Dakota Petroleum Council (NDPC). The NDPC 

is a trade association that provides government relations support to approximately 

325 companies involved in all aspects of the oil and gas industry in the State. The Department 

works with the Council for solutions to minimize wastes, reduce the number of spills, or 

minimize the amount of NORM generated. The Division indicated that they would reach out to 

the NDPC to also make them aware of the different uses of radioactive materials in the oil and 

gas industry. The Division indicated that this is another opportunity to communicate safe uses 

of radioactive materials and facilitate the message that it is the licensee's primary responsibility 

to safely handle and secure radioactive materials, while it is the Radiation Control Program's 

responsibility to regulate the licensee and provide independent oversight through its inspection 

and assessment processes.
- 9 -

Status of Allegations and Concerns Referred by the NRC for Action

NRC referred three allegations to the Radiation Control Program during the review period. 

Two of the allegations involved licensed radioactive materials and the third allegation involved 

technically enhanced naturally occurring radioactive materials (TENORM), which is not 

regulated under the NRC regulations and is not a matter of compatibility under the 274i 

Agreement of the Atomic Energy Act, as amended, and is therefore not reviewed under the 

IMPEP process. The Radiation Control Program indicated that they investigate allegations in 

accordance with their procedures and policies, as required. One of the allegations is continuing 

to be investigated. At the conclusion of the investigation into the allegation, the Radiation 

Control Program indicated that they communicate the results of their investigation to the 

concerned individual. The communication is typically performed by either email or formal 

correspondence. 

Emerging Technologies

The Radiation Control Program did not have any emerging technologies during the review 

period.

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

The Radiation Control Program is reviewing a cyclotron license which was split from an 

academic broad scope license. The license is complicated because the cyclotron has been 

operational under the academic broad scope license and the licensee is now required to 

develop their own policies and procedures under their specific license.

Current State Initiatives

The Radiation Control Program is cross-training two technical staff members from another unit 

to support the Radiation Control Program. The two technical staff members have expertise in 

X-ray licensing and inspections and will generate a qualification journal to support the crosstraining effort by the Radiation Control Program.

State’s Mechanisms to Evaluate Performance

The Radiation Control Program uses management review of inspection reports and licensing 

actions to ensure the quality of regulatory products. The Radiation Control Program holds a 

meeting every two weeks to track metrics and ensure communications are sufficient for any 

large or complicated actions. The Radiation Control Program Supervisor performs 

accompaniments of the technical staff members during inspections.

Current NRC Initiatives

NRC staff discussed ongoing Office of Federal and State Materials and Environmental 

Management Programs (FSME) initiatives with the North Dakota representatives. This included 

a review of strategic FSME and RCPD letters, as well as proposed rulemaking and Regulatory 

Issues Summaries.
- 10 -

CONCLUSION

The North Dakota Agreement State Program remains an active program with excellent 

management support. The Radiation Control Program experienced a number of staff turnovers 

during the last IMPEP review period; however, during the past two years there appears to be a 

stable work force. The Radiation Control Program has continued to address the 

recommendations identified during the last IMPEP review through tracking the resolutions using 

the Performance Improvement Plan.

Schedule for the Next IMPEP Review

The period of Heightened Oversight will continue and be evaluated during the next IMPEP 

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

April 2013.