March 14, 2013 

Mr. Aubrey Godwin, Director 

Arizona Radiation Regulatory Agency 

4814 South 40th Street 

Phoenix, AZ 85040 

Dear Mr. Godwin: 

A periodic meeting with you and your staff was held on February 12, 2013. The purpose of this 

meeting was to review and discuss the status of the Arizona Agreement State Program. The 

U.S. Nuclear Regulatory Commission (NRC) was represented by Vivian Campbell and Linda 

Gersey from the Division of Nuclear Materials Safety (DNMS) in NRC Region IV, Janine Katanic 

from the Office of Federal and State Materials and Environmental Management Programs 

(FSME), and me. I have completed and enclosed a general meeting summary, including any 

specific actions resulting from the discussions. 

Since we were unable to determine the status of your regulations at the time of the meeting, we 

are requesting you provide us with the status of each overdue regulation and where it is in the 

process. Additionally, we are asking that you provide us with a timeline for regulation 

development in Arizona, including time allotted to each specific step in the process. 

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 817-200-1143 or 

email Randy.Erickson@nrc.gov to discuss your concerns. 

Sincerely, 

/RA/ 

Randy Erickson 

Regional State Agreements Officer 

Enclosure: 

Arizona Periodic Meeting Summary 

cc/w encl: Kevin R. Kinsall, Policy Advisor, 

 Natural Resources, Office of the Governor 

UNITED STATES

NUCLEAR REGULATORY COMMI SSI ON

REGION IV

1600 EAST LAMAR BLVD

ARL INGTON, TEXAS 76011-4511
Mr. Aubrey Godwin, Director 

Arizona Radiation Regulatory Agency 

4814 South 40th Street 

Phoenix, AZ 85040 

Dear Mr. Godwin: 

A periodic meeting with you and your staff was held on February 12, 2013. The purpose of this 

meeting was to review and discuss the status of the Arizona Agreement State Program. The 

U.S. Nuclear Regulatory Commission (NRC) was represented by Vivian Campbell and Linda 

Gersey from the Division of Nuclear Materials Safety (DNMS) in NRC Region IV, Janine Katanic 

from the Office of Federal and State Materials and Environmental Management Programs 

(FSME), and me. I have completed and enclosed a general meeting summary, including any 

specific actions resulting from the discussions. 

Since we were unable to determine the status of your regulations at the time of the meeting, we 

are requesting you provide us with the status of each overdue regulation and where it is in the 

process. Additionally, we are asking that you provide us with a timeline for regulation 

development in Arizona, including time allotted to each specific step in the process. 

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 817-200-1143 or 

email Randy.Erickson@nrc.gov to discuss your concerns. 

Sincerely, 

Randy Erickson 

Regional State Agreements Officer 

Enclosure: 

Arizona Periodic Meeting Summary 

cc/w encl: Kevin R. Kinsall, Policy Advisor, 

 Natural Resources, Office of the Governor 

DISTRIBUTION w/encl: 

Anton Vegel, DNMS 

Vivian Campbell, DNMS 

Brian McDermott, FSME 

Pamela Henderson, FSME 

Duncan White, FSME 

Randy Erickson, SAO 

Binesh Tharakan 

Linda Gersey 

Lisa Dimmick, FSME 

Michelle Beardsley, FSME 

Karen Meyer, FSME 

Janine Katanic, FSME 

Draft: S:\DNMS\!SAO\Periodic Meetings\2013\Arizona\ 2013 Arizona Periodic Meeting Summary.docx

Final: S:\DNMS\Ltrs-Memos\ 2013 Arizona Periodic Meeting Summary.docx

ADAMS  Yes  No  SUNSI Rev Complete Reviewer Initials: LMG 

Publicly Available  Yes  No N o n - s e n s i t i v e 

RIV: DNMS RIV: SAO 

LMGersey RRErickson 

/RRE/for /RA/ 

3/14/13 3/14/13 

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

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR THE 

ARIZONA RADIATION REGULATORY AGENCY 

DATE OF MEETING: FEBRUARY 12, 2013 

NRC Attendees Arizona Attendees 

Randy Erickson, SAO Aubrey Godwin, Director 

Vivian Campbell, RIV Brian Goretzki, Program Manager 

Linda Gersey, SAO 

Janine Katanic, FSME 

DISCUSSION: 

The Arizona Agreement State program is administered by the Arizona Radiation Regulatory 

Agency (the Agency). The Agency director reports directly to the Governor. The previous 

IMPEP review was conducted the week of March 26-30, 2012. Arizona’s performance was 

found satisfactory but needs improvement for the performance indicator, Compatibility 

Requirements and satisfactory for the remaining indicators. 

At the conclusion of the review, the review team recommended, and the MRB agreed that 

Arizona’s Agreement State program was adequate to protect public heath and safety and 

compatible with the NRC’s program. The review team made no recommendations in regard to 

the program performance by the Arizona Agreement State Program during the review. 

Program Strengths: The Arizona program has four health physicists on staff that are 

trained to perform inspections and conduct licensing actions. This cross training allows 

staff to be diverted to respond to incidents and have qualified staff as backup. The 

Agency noted that all four staff members have the necessary initial training and the 

Agency has no problems being accepted into the NRC training classes. These four staff 

members also perform emergency response duties as required. 

Program Weaknesses: The Agency noted three areas of program weakness. Although 

the four staff members can perform inspections and licensing, the small number of staff 

would make completion of work difficult if one staff member were to leave. At this time, 

one staff member is planning to retire and the Agency is looking at options for filling this 

position. The director has stated that there may be three x-ray positions being added, 

and there is a possibility that one position may be added to the materials program. 

Arizona is also working on improving their web-based licensing database. The Agency 

has been working with the NRC to resolve some of the hardware and software issues. 

While a moratorium is still in effect for new regulations, the Agency can adopt new 

regulations if they can show they are required to meet federal requirements. The 

Agency has found it helpful to provide the governor’s office with NRC letters reminding 

them of their responsibilities under the agreement with the NRC. In the mean time, the 

Agency is using license conditions when necessary to ensure compatibility with NRC 

regulations.
Arizona Periodic Meeting Summary - 2 - 

Feedback on NRC’s Program: The Agency has stated that they have had no issues 

being accepted into the NRC training class when needed. They praised the technical 

support they receive from NRC headquarters and the NRC State Agreements Officer. 

One problem concerns the access to the National Source Tracking System (NSTS). 

This was identified as a non-NRC related IT problem within the State IT system and it 

will be resolved by having the contractor provide a password instead of using a card 

reader for access. Even though they cannot get access to NSTS directly, the NSTS help 

desk has been providing the program staff with requested information. 

Staffing and Training: There are still eight staff members contributing to the program 

totaling approximately 4.5 full-time-equivalents, with no staff turnover. One staff member 

may retire soon and the Agency is looking at how to back fill this position, possibly using 

one position slated for the x-ray program. The current staffing is acceptable to complete 

inspections and licensing actions, although if and when the one individual leaves, it will 

be difficult to replace that person’s experience. 

The Agency has four health physicists trained to perform inspection and licensing duties. 

All initial training classes for these individuals have been completed. There is no 

concern about acceptance into the NRC training classes when required. 

Materials Inspection and Licensing Program: The Agency currently has 362 materials 

licenses. This is a change from 371 licenses at the time of the 2012 IMPEP. One 

reason for the decrease in licenses was the consolidation of several licenses into one 

license by several entities. The Agency reported that no inspections or licensing actions 

were over due at this time. The Agency performs pre-licensing visits for all licensees. 

Upon an acceptable pre-licensing visit, the Agency gives the license to the licensee 

while onsite. The Agency reported that they were performing inspector accompaniments 

by management twice annually. 

Sealed Source and Device Program: During the 2012 IMPEP review, it was noted that 

one license that had authorized distribution of devices to persons generally licensed and 

specifically licensed was terminated without addressing the inactivation or transfer of 

four sealed source and device (SS&D) registrations made part of the license and issued 

by the Agency. The Program Manager committed to the review team that the Agency 

will address the inactivation of the four SS&D registrations in the near future. Following 

the onsite review, the Agency received a letter from the licensee that indicated the 

devices are still being actively distributed under the licensee’s Georgia license and that 

the State of Georgia will amend the SS&D registrations after the Commonwealth of 

Massachusetts completes its review of a new source capsule that will be used in the 

devices. The Agency stated that Massachusetts had completed its review and Georgia 

had amended the SS&D in December 2012. This action has been closed by the 

Agency. No SS&D reviews have been conducted since 2007, and there are none 

planned at this time. 

Regulations and Legislative Changes:

The Agency has one staff member who spends approximately 10 percent of their time 

reviewing and updating regulations and is the only person who can speak to the status 

of the regulations. That staff member was not available for the meeting. The Director 

 
Arizona Periodic Meeting Summary - 3 - 

committed to having this individual provide the NRC with a status of the regulations, as 

well as providing the NRC with the steps required for Arizona to promulgate rules and an 

approximate time line of how these actions occur. 

The following regulations have not been submitted to the NRC for review: 

• “Decommissioning Recordkeeping and License Termination: documentation Additions 

[Restricted areas and spill sites],” 10 CFR Parts 30, 40 (58 FR 39628), that was due for 

Agreement State adoption by October 25, 1996. 

• “Frequency of Medical Examinations for Use of Respiratory Protection Equipment,” 

10 CFR Part 20 (60 FR 7900), that was due for Agreement State adoption by 

March 13, 1998. 

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

amendment (70 FR 16336 and 71 FR 1926), that was due for Agreement State adoption 

by April 29, 2008. 

 

• “Minor Amendments,” 10 CFR Parts 20, 30, 32, 35, 40, and 70 amendments (71 FR 15005), 

that was due for Agreement State adoption by March 27, 2009. 

• “Medical Use of Byproduct Material – Minor Corrections and Clarifications,” 10 CFR 

Parts 32 and 35 amendments (72 FR 45147, 72 FR 54207), that was due for Agreement 

State adoption by October 29, 2010. 

• “Requirements for Expanded Definition of Byproduct Material,” 10 CFR Parts 20, 30, 31, 

32, 33, 35, 61, and 150 amendments (72 FR 55864), that was due for Agreement State 

adoption by November 30, 2010. 

 

• “Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent,” 

10 CFR Parts 19, 20 (72 FR 68043, that was due for Agreement State adoption by 

February 15, 2011. 

• “Medical Use of Byproduct Material – Authorized User Clarification,” 10 CFR Part 35 

amendment (74 FR 33901), that is due for Agreement State adoption by 

September 28, 2012. 

The following regulations were adopted by Arizona as final, although the NRC had 

comments. The NRC is awaiting resolution of NRC comments. 

• “Medical Use of Byproduct Material,” 10 CFR Parts 20, 32, and 35 amendments (67 FR 

20249), that was due for Agreement State adoption by October 24, 2005. 

• “Compatibility with IAEA Transportation Safety Standards and other Transportation 

Safety Amendments,” 10 CFR Part 71 (69 FR 3697), that was due for Agreement State 

adoption by October 10, 2007. 

• “Exemptions from Licensing, General Licenses, and Distribution of Byproduct Material: 

Licensing and Reporting Requirements,” 10 CFR Parts 30, 31, 32, 150 amendments 

(72 FR 58473), that was due for Agreement State adoption by December 17, 2010. 
Arizona Periodic Meeting Summary - 4 - 

The following are regulation changes and adoptions that will be needed in the 

future: 

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

39, 40, 70, and 150 amendments (76 FR 56591), that is due for Agreement State 

adoption by November 14, 2014. 

• “Change of Compatibility of 10 CFR 31.5 and 31.6 (See RATS ID: 2001-1 for Rule 

Text),” 10 CFR Part 31 amendment (77 FR 3640), that is due for Agreement State 

adoption by January 25, 2015. 

• “Advance Notification to Native American Tribes of Transportation of Certain Types of 

Nuclear Waste,” 10 CFR Part 71 amendment (77 FR 34194), that is due for Agreement 

State adoption by August 10, 2015. 

• “Technical Corrections,” 10 CFR Parts 30, 34, 40, and 70 amendments (77 FR 39899), 

that is due for Agreement State adoption by August 6, 2015. 

• “Requirements for Distribution of Byproduct Material,” 10 CFR Parts 30, 31, 32, 40, and 

70 amendments (77 FR 43666), that is due for Agreement State adoption by 

October 23, 2015. 

Changes in Program budget/funding: There have been no changes to the program 

budget/funding since the 2012 IMPEP. 

Event Reporting, including follow-up and closure information in NMED: Since the 2012 

IMPEP, there were nine events reported to NMED, and two were pending closure. One 

open event was pending the final report which was due to be issued by February 15, 2013, 

and the second open event has just occurred and follow-up was still occurring. 

Response to Incidents and Allegations: Since the 2012 IMPEP, no allegations had been 

referred to Arizona by the NRC. No new significant events with generic implications had 

occurred. 

Emerging Technologies or Unusual Authorization for Use of Radioactive Material: The 

Agency stated that there was no emerging technologies or unusual authorizations for use 

of radioactive materials. They discussed several licensees that increased possession 

limits that required financial assurance and these were being handled accordingly. 

Schedule for the next IMPEP review: It is recommended that another Periodic Meeting 

occur in approximately 18 months and that the next IMPEP review occurs as scheduled 

in 2015.