UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION I

2100 RENAISSANCE BLVD., SUITE 100

KING OF PRUSSIA, PA 19406-2713

May 22, 2015

Aaron Gantt, Chief

Bureau of Radiological Health

Department of Health and 

 Environmental Control

2600 Bull Street

Columbia, SC 29201

Dear Mr. Gantt:

A periodic meeting with you and your staff was held on March 19, 2015. The purpose of this 

meeting was to review and discuss the status of the South Carolina Agreement State Program. 

The U.S. Nuclear Regulatory Commission (NRC) was represented by Daniel Collins, Lisa 

Dimmick, and me.

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

resulting from the discussions. A Management Review Board (MRB) meeting to discuss the 

outcome of the periodic meeting has been scheduled for June 23, 2015 at 1:00pm. Call in 

information for the MRB will be provided in a separate transmission. 

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 (610) 337-5214 or 

via e-mail at Monica.Ford@nrc.gov to discuss your concerns.

Sincerely,

/RA/

Monica Lynn Ford

Regional State Agreements Officer

Division of Nuclear Materials Safety

U.S. NRC Region I

Enclosure: 

Periodic Meeting Summary for South Carolina

cc w/encl.: James Peterson, Director
May 22, 2015

Aaron Gantt, Chief

Bureau of Radiological Health

Department of Health and 

 Environmental Control

2600 Bull Street

Columbia, SC 29201

Dear Mr. Gantt:

A periodic meeting with you and your staff was held on March 19, 2015. The purpose of this 

meeting was to review and discuss the status of the South Carolina Agreement State Program. 

The U.S. Nuclear Regulatory Commission (NRC) was represented by Daniel Collins, Lisa 

Dimmick, and me.

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

resulting from the discussions. A Management Review Board (MRB) meeting to discuss the 

outcome of the periodic meeting has been scheduled for June 23, 2015 at 1:00pm. Call in 

information for the MRB will be provided in a separate transmission. 

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 (610) 337-5214 or 

via e-mail at Monica.Ford@nrc.gov to discuss your concerns.

Sincerely,

/RA/

Monica Lynn Ford

Regional State Agreements Officer

Division of Nuclear Materials Safety

U.S. NRC Region I

Enclosure: 

Periodic Meeting Summary for South Carolina

cc w/encl.: James Peterson, Director

Distribution:

L. Dimmick, NMSS L. Dudes, NMSS C. Einberg, NMSS

K. Meyer, NMSS P. Henderson, NMSS M. Ford, RI DNMS

D. Collins, RI DNMS J. Nick, RI DNMS D. Janda, RI DNMS

J. Piccone, NMSS

SUNSI Review Complete: MLF (Reviewer’s Initials)

\\nrc.gov\nrc\R1\Shared\State Agreement Files\South Carolina\SC BRH March 2015 Periodic Meeting Summary 

and Transmittal Letter.docx ML15142A798

After declaring this document “An Official Agency Record” it will be released to the Public.

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy 

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OFFICE DNMS/RI

NAME MFord/mlf

DATE 05/22/15
Enclosure

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR

SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL’S

BUREAU OF RADIOLOGICAL HEALTH AND 

BUREAU OF LAND AND WASTE MANAGEMENT

DATE OF MEETING: March 19, 2015

U.S. Nuclear Regulatory Commission 

(NRC) Attendees

South Carolina Department of Health and 

Environmental Control Attendees

Monica Ford, State Agreements Officer, 

Region I

Aaron Gantt, Bureau Chief, Bureau of Radiological 

Health (BRH)

Daniel Collins, Director, Division of 

Nuclear Materials Safety, Region I

Jim Peterson, Director, Division of Radioactive 

Materials

Lisa Dimmick, Senior Health Physicist, 

Agreement State Programs Branch, 

Office of Nuclear Material Safety and 

Safeguards

Leland Cave, Section Manager, Radioactive 

Materials Section

David Scaturo, Director, Division of Waste 

Management, Bureau of Land and Waste 

Management (BLWM)

Susan Jenkins, Manager, Radioactive and Infectious 

Waste Management Section

DISCUSSION:

During the 2012 Integrated Materials Performance Evaluation Program (IMPEP) review of the 

South Carolina Agreement State Program (Program), the review team found the State’s 

performance satisfactory for all eight performance indicators reviewed. The review team did not 

make any recommendations regarding program performance. On August 16, 2012, the 

Management Review Board (MRB) met to consider the proposed final IMPEP report on the 

Program. The MRB found the Program adequate to protect public health and safety and 

compatible with the NRC’s program. 

On September 13 and October 5, 2010, the MRB reviewed and endorsed the recommendations 

of the IMPEP Self-Assessment Working Group report dated August 17, 2010. 

Recommendation 3 of the Working Group’s report recommends that consistently high 

performing organizations that have two consecutive IMPEP reviews with findings of satisfactory 

on all performance indicators are recognized for its achievements. During the 2012 MRB, South 

Carolina was identified by the MRB as meeting the high standard for sustained performance. 

The MRB determined that the next IMPEP review should be held in approximately five years 

with a periodic meeting held during the midpoint of the review period. 

As directed by the MRB a periodic meeting was held, approximately two and a half years after 

the IMPEP review, on March 19, 2015. This summary is a reflection of that periodic meeting.
South Carolina Periodic Meeting Summary 2

TOPICS COVERED DURING THE MEETING INCLUDED:

Program Strength(s)

BRH: Experienced staff 

BLWM: 1) Experienced staff. 2) In the past succession planning due to staff longevity was a 

challenge for BLWM. BLWM struggled with how to hire staff, to train and transfer 

knowledge to, when no vacancy existed. BLWM was able to hire an individual in 

2013 and allocate fifty percent of their time to infectious waste and fifty percent of 

their time to radioactive waste. This allows the more experienced staff to be able to 

transfer their knowledge to a new staff person before they retire. 

Program Challenge(s)

BRH: Database weaknesses exist for tracking licensing and inspection actions. There is also 

very little information technology support for the current system. BRH would like to transition to 

NRC’s web based licensing (WBL) however; BRH does not believe that the Department would 

allow them to use the system. If the Department approved BRH to use WBL, BRH believes that 

the Department would require them to maintain both databases (the current system and WBL).

BLWM: New staff retention

Feedback on the NRC’s Program

Both BRH and BLWM commented on the positive working relationship and good 

communications with the NRC. The Program was also appreciative of NRC funded training 

courses.

Organization

The Division of Radioactive Material is located in the BRH. BRH is located in Health 

Regulation, which is a part of Public Health in the Department of Health and Environmental 

Control. The Division of Waste Management is located in the BLWM, which is a part of 

Environmental Affairs, in the Department of Health and Environmental Control.

Program Budget/Funding

BRH: This portion of the Program is supported by fees and by money received from the general 

fund. 

BLWM: This portion of the Program is completely fee funded and does not receive support from 

the general fund. Fees received are enough to support this portion of the program.

Technical Staffing and Training (2012 IMPEP: Satisfactory)

BRH is composed of four technical staff, one section manager, one division director, and a 

bureau chief. At the time of the periodic meeting there was one vacancy at the technical staff 

level. An individual left the program in February 2015. BRH is in the process of hiring to fill the 

vacant position. BRH has three employees who are very close to being retirement eligible. 
South Carolina Periodic Meeting Summary 3

BRH management is working to be able to back-fill those positions in advance of retirements to 

ensure knowledge transfer. BRH management stated that upper management is open minded 

to this idea and BRH will discuss the subject when an individual announces their intent to retire.

Changes to Inspection Manual Chapter (IMC) 1248 were discussed. BRH committed to 

reviewing its training procedure to ensure that the procedure contains the essential elements of 

the NRC’s IMC 1248.

Status of Materials Inspection Program (2012 IMPEP: Satisfactory); Technical Quality of 

Inspections (2012 IMPEP: Satisfactory)

BRH has conducted one inspection overdue since the May 2012 IMPEP review. This inspection 

was completed 17 days overdue due to an employee input error. The employee keeps track of 

their assigned inspections on their own personal spreadsheet and when importing the 

inspection data, transcribed the due date incorrectly. BRH has completed 29 initial inspections 

within one year of license issuance and one initial inspection one day past the one year since 

license issuance date due to a scheduling conflict with the licensee. 

 

BRH uses inspection procedures that are consistent with the inspection guidance outlined in 

IMC 2800. The majority of routine inspections are documented with the issuance of a 

BRH-Form 591, “Field Compliance Form,” and left with the licensee at the completion of the onsite inspection. These are issued for inspections with no findings or minor violations. Other 

inspection findings are routinely sent to licensees on a Form BRH-592, “Notice of NonCompliance” within 30 days of completing an inspection. 

BRH issued 10 reciprocity permits in calendar year (CY) 2013, four reciprocity permits in CY 

2014, and 10 reciprocity permits (to date) in CY 2015. Of the permits issued BRH inspected 

four licensees in CY 2013, one in CY 2014, and two (to date) in CY 2015.

BRH has a policy to accompany all staff performing radioactive materials inspections on an 

annual basis. All inspector accompaniments were performed in CY 2013 (4), 2014 (4), and 

2015 (3).

Technical Quality of Licensing Actions (2012 IMPEP: Satisfactory)

BRH has approximately 378 specific licensees. All licensing actions are worked on in a timely 

manner. BRH receives approximately 30 licensing actions per month. BRH has a work load of 

30 actions in house. Twenty nine actions have been in process less than six months. One 

licensing action (a renewal) has been in process for approximately one year. BRH’s licenses 

are on a 10 year renewal cycle.

• Complicated/ Unusual use of radioactive material: BRH received a presentation from a 

potential licensee on a mobile cyclotron. The device would be on an 18 wheeler making 

it transportable from place to place. The potential licensee has not yet come back to 

BRH with an application for licensing, however if BRH does receive an application they 

may request the NRC’s assistance on licensing and guidance document creation for this 

type of device.
South Carolina Periodic Meeting Summary 4

Technical Quality of Incidents and Allegations (2012 IMPEP: Satisfactory)

The Program is aware of the need to maintain an effective response to incidents and 

allegations. The Program has reported nine events since the last IMPEP review. BRH reported 

seven events and BLWM reported two events. All reportable events were conveyed to the NRC 

in the correct manner and appropriate follow-up through NMED has occurred. The Program 

uses the NRC’s allegation procedures for processing allegations. BRH has received one 

allegation and BLWM has not received any allegations since the last IMPEP review. 

Regulations and Legislative Changes (2012 IMPEP: Satisfactory)

The current effective statutory authority is contained in the 1969 Code of Laws of South 

Carolina, the Atomic Energy and Radiation Control Act, the Radioactive Waste and 

Transportation Act, and Environmental Fees. No legislative changes affecting the Program 

have occurred since the last IMPEP review. The Program has no regulations overdue for 

adoption. The Program implemented regulations equivalent to the NRC’s Part 37 regulations in 

October 2014. Regulations impacting the Program are not subject to sunset requirements. 

BRH and BLWM split the work associated with adoption of equivalent NRC regulations. 

Typically the regulation adoption process takes six months from development stage to final 

regulation adoption.

Sealed Source and Device (SS&D) Evaluation Program (2012 IMPEP: Satisfactory)

• Technical Staffing and Training

BRH has two qualified SS&D reviewers, each with full signature authority. Each of the

reviewers has over 20 years of experience, a Bachelor’s degree, and each has attended 

NRC’s SS&D workshop. BRH has one staff member working towards full SS&D 

qualification. BRH has documented qualification criteria for SS&D Reviewers which is a 

part of the BRH training manual. BRH is hoping to have this individual attend the next 

offering of the NRC’s SS&D training workshop.

• Technical Quality of the Product Evaluation Program

Since the last IMPEP review, BRH has processed one SS&D action. This action was an 

amendment to an existing registry. 

Low Level Radioactive Waste (LLRW) Program (2012 IMPEP: Satisfactory)

• Technical Staffing and Training 

BLWM has a division director, a section manger, and five technical staff (four full time

and one part time equaling 4.5 full time equivalents for the technical staff). The technical 

staff person assigned to the Program part time was tactically placed there by 

management for succession planning purposes. One of the technical staff is assigned to 

the Barnwell LLRW disposal facility as the resident inspector. Since the last IMPEP, 

BLWM had a technical staff person retire in December 2013 creating a vacancy. BLWM 

filled that vacancy in February 2014. Then, that newly hired person left the position in 

December 2014 leaving the position vacant again. BLWM was able to fill the vacancy in 

March 2015. As of the periodic meeting BLWM is fully staffed.
South Carolina Periodic Meeting Summary 5

• Status of Low-level Radioactive Waste Disposal Inspection Program 

BLWM’s inspection frequencies are more frequent that the NRC’s inspection 

frequencies. If the NRC inspects a licensee at one year, two years, or three years; 

BLWM will inspect the same licensee at six months, one year, and two years 

respectively. BLWM has performed 28 inspections since the last IMPEP review. None 

of these inspections were performed overdue. BLWM communicates inspection findings 

at the inspection’s closeout meeting and their goal is to provide these inspection findings 

in writing to the licensee within 30 days. Of the 28 inspections completed, four 

inspection findings were issued beyond 30 days (issue dates: 32 days, 32 days, 55 

days, and 58 days after the completion of the inspection). Most of the inspections 

performed by BLWM are team inspections consisting of at least two technical staff. 

Inspectors receive supervisory accompaniments annually. 

• Technical Quality of Licensing Actions 

All licensing actions processed by BLWM are done so in a timely manner. The section 

manager reviews all licensing actions and then the Division director signs the action 

before distribution.

• Barnwell

The LLRW disposal program is administered by the Department under regulatory 

authority derived from the South Carolina Atomic Energy and Radiation Control Act, 

Section 13-7-40, 1976, S.C. Code of Laws (as amended). 

The Barnwell LLRW disposal facility is regulated by BLWM under a license which was 

last approved for renewal in 2004. In 2008, the Barnwell LLRW disposal facility closed to 

generators outside the Atlantic Compact. The license authorizes the receipt, storage, 

and disposal of Class A, B, and C LLRW to States within the compact (CT, NJ, and SC). 

The 2004 renewal amendment was challenged by environmental stakeholders. In 2005, 

the South Carolina Administrative Law Court ruled in favor of the approval of the

renewal. Stakeholders appealed the ruling and the South Carolina Supreme Court ruled 

that the case should be transferred to the South Carolina Court of Appeals. The Court of 

Appeals affirmed the Administrative Law Court’s ruling, but remanded the case back to 

the Administrative Law Court for a ruling on whether the licensee is in compliance with 

Sections 7.11, 7.23.6, and 7.10.5 through 7.10.10 of South Carolina Regulation 61-63. 

Specifically the appeal was looking at the migration of rainfall in and out of the trenches. 

In August 2014 the Court of Appeals granted a stay that was filed by Energy Solutions. 

As of the periodic meeting the stay had not been lifted. Once the stay is lifted Energy 

Solutions/ BLWM will have 90 days to provide the court with a compliance plan that 

shows how the site is in compliance with the regulations. Since BLWM is a codefendant in this case they are seeking a third party or possibly the NRC to review the 

plan before it is provided to the court. A discussion was had regarding the NRC’s 

technical assistance request program. A copy of management directive 5.7 “Technical 

Assistance to Agreement States” was provided to BLWM after the periodic meeting.
South Carolina Periodic Meeting Summary 6

CONCLUSIONS:

The Program continues to be an effective well maintained Agreement State program with an 

experienced and well-trained staff in both the BRH and BLWM. There is one vacancy in the 

BRH and no vacancies in the BLWM at this time. The Program is effectively managing its 

licensing and inspection activities. The Program is responding to incidents and allegations as 

appropriate and has no regulations overdue for adoption.

NRC staff recommends that the next IMPEP review be conducted as scheduled in May 2017.