UNITED STATES

NUCLEAR REGULATORY COMMISSION 

REGION III 

2443 WARRENVILLE RD. SUITE 210 

LISLE, IL 60532-4352 

July 7, 2016 

Mr. Richard Hodges, Director 

Ohio Department of Health 

246 North High Street 

Columbus, OH 43215 

Dear Mr. Hodges: 

A periodic meeting with you and your staff was held on June 7, 2016. The purpose of the 

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

Nuclear Regulatory Commission (NRC) was represented by Jack Giessner 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/ 

James L. Lynch 

State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: 

As stated 
Enclosure 

AGREEMENT STATE PERIODIC MEETING SUMMARY WITH THE 

 OHIO DEPARTMENT OF HEALTH 

DATE OF MEETING: June 7, 2016 

NRC Attendees Ohio Attendees 

Jack Giessner, Division Director Richard Hodges, Director 

Jim Lynch, Regional State 

Agreements Officer 

Gene Phillips, Chief, Bureau of 

Environmental Health and 

Radiation Control 

 Rebecca Fugitt, Assistant 

Chief, Bureau of Environmental 

Health and Radiation Control 

 Mike Snee, Administrator 

 Steve James, Health Physics 

Supervisor, 

 David Lipp, Health Physics 

Supervisor, 

DISCUSSION: 

Richard Hodges was appointed by Governor John Kasich as Director of the Ohio Department 

of Health in August 2014. Ohio has approximately 600 specific licensees. The State Liaison 

Officer position is located in another agency, the Ohio Emergency Management Agency. 

The Agreement State Program is administered by the Bureau of Environmental Health and 

Radiation Protection (the Bureau), within ODH, led by Gene Phillips. The Bureau has three 

program areas, the Radiological Health and Safety Program, the X-ray Program, and the 

Agreement State Program, each led by an Administrator position. 

The State’s last IMPEP review was conducted in December 2013. The review team found 

Ohio’s performance to be satisfactory for all performance indicators reviewed. The review 

team made no recommendations and identified a good practice for the incident evaluation 

program entitled “Bureau Medical Event Review Team.” 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. 
Ohio Periodic Meeting Page 2 

Program Strengths: 

Since its Agreement in 1999, Ohio has had a very strong, competent radiation control 

program. The Bureau provides excellent support to NRC and other Agreement States with 

their thorough evaluation of proposed regulations and procedures. 

Ohio has been a leader in response to the radiological security concerns which face the 

country. 

Program Weaknesses: 

Vacancies in key management positions have resulted in increased workloads for 

supervisors and staff personnel. 

A Department-wide cutback in out-of-State travel has kept personnel from attending 

national meetings and participating in the IMPEP process. A State manager was 

scheduled to serve as an instructor for the 2016 IMPEP training class, but had to cancel 

due to travel cutbacks. Additionally, a staff member scheduled to attend the training was 

similarly recalled. The annual Organization of Agreement States and Conference of 

Radiation Control Program Directors meetings are also not being supported. 

Feedback on NRC’s Program: 

State managers 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. 

Program Reorganizations: 

In January 2015, the Ohio Department of Health, which houses the Ohio Agreement State 

Program, reorganized. The former Bureau of Radiation Protection is now part of the 

Bureau of Environmental Health and Radiation Protection. As a result of the 

reorganization, a new Division Director and Bureau Chief were named to lead the program. 

Staffing and Training: 

Ohio’s program has experienced a significant amount of turnover in recent months. The 

Agreement State Administrator position has been vacant since February 2016. The 

State plans to fill the position later this year. The Nuclear Materials Services Supervisor 

position, vacated recently, will likely be combined with the vacant Medical Supervisor 

position. Additionally, one Health Physicist position is vacant, and is currently posted. 

Materials Inspection Program: 

Ohio inspection frequencies are identical to those found in NRC’s Inspection Manual 

Chapter (IMC) 2800. According to program managers, no inspections are currently 

overdue with respect to IMC 2800 priorities. 
Ohio Periodic Meeting Page 3 

New licensees are inspected within 12 months of license issuance (usually within the 

first 6 months), regardless of whether the licensee has received radioactive material. 

Reciprocity inspections are performed in accordance with the frequencies identified in 

NRC Manual Chapter 1220. Reciprocity inspections are being performed for 

approximately 30 to 40 percent of candidate licensees, according to the program 

managers. 

Materials Licensing Program: 

Ohio does not have any significant backlog of licensing actions. Pre-licensing visits 

are performed for all applicants unless they already have an NRC or Agreement State 

license. Ohio is aware of national concerns about inappropriate issuance of materials 

licenses. 

Regulations and Legislative Changes: 

Ohio’s regulations are up-to-date and compatible with the NRC’s regulations. During 

the review period, approximately 15 regulation packages were submitted by the State 

and approved by the NRC. Two minor comments on rule packages were made by the 

NRC which have not yet been resolved. Ohio asked for one of the comments to be 

rescinded, which is currently under consideration. 

Ohio was one of the first Agreement States to adopt 10 CFR 37 equivalent regulations, 

adopting the rules in October 2014, significantly ahead of the March 2016 deadline. 

The Program provided excellent leadership for other Agreement States, sharing 

checklists and other tools developed during outreach to Ohio licensees. 

Response to Incidents and Allegations: 

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

Incidents are quickly reviewed for their effect on public health and safety. 

Approximately 30 NRC reportable incidents were reported since the last IMPEP 

review. Staff is dispatched to perform on-site investigations when necessary. All of 

the events were reported to the NRC, and were entered into, and updated, within 

NMED. Several reportable incidents were recently reported late to the NRC 

Headquarters Operations Center. Program managers explained that the late reports 

were due to a heavy workload and a misunderstanding of reporting requirements. The 

NRC representatives emphasized the 24-hour reporting requirement identified in 

SA-300 “Reporting Material Events.” 

Very good communication with Region III was noted during event response. The 

program managers have placed emphasis on maintaining an effective response to 

incidents and allegations. 

The OAS proposed reactive inspection teams comprised of staff from both Agreement 

States and the NRC for event response was discussed. The RSAO indicated to the 

State that this issue is currently being discussed by OAS and NMSS. More information 

will be coming to the Agreement States in 2016. 
Ohio Periodic Meeting Page 4 

During the 2013 IMPEP review, the team identified a good practice for the State’s 

“Bureau Medical Event Review Team (BMERT).” This team involves managers from 

the Nuclear Materials Safety, Technical Support, and X-Ray Sections. BMERT 

evaluates incidents and allegations involving medical events or other potential 

exposure events. Participation by both radioactive material and x-ray program 

representatives allows the Bureau a comprehensive view of radiation uses in the State. 

The process has resulted in the identification of crosscutting issues amongst the 

represented sections who regulate the same licensees, but different activities such as 

linear accelerators and brachytherapy. The BMERT also tracks escalated 

enforcement and allegation cases. 

The NRC referred four allegations to Ohio since the last IMPEP review. All of the 

allegations were promptly investigated and closed. 

Significant Events and Generic Implications: 

The Bureau responded to a significant contamination incident and two abnormal 

occurrences (AOs) since the last IMPEP review. 

In February 2016, scrap material was received at several Ohio recycling facilities 

which contained damaged radium sources and resulting contamination. The 

handling of the material caused personnel contamination and significant facility 

contamination. Ohio issued orders to the owner of the facilities, coordinated with 

State and Federal agencies, and performed extensive surveys of businesses, homes, 

vehicles and workers. The Bureau did an outstanding job of identifying potential 

radiation hazards and aggressively investigated the incident to protect public health 

and safety. 

In January 2014, a medical event occurred at the Cleveland Clinic Foundation. The 

patient was treated with yttrium-90 microspheres for colorectal cancer. Shunting 

caused an unplanned dose to the patient’s duodenum. The incident was included in the 

Fiscal Year 2014 AO report. 

In July 2015, a medical event occurred at University Hospitals of Cleveland. The patient 

was treated with yttrium-90 microspheres for liver cancer. The microspheres were 

instead delivered to the patient’s small bowel. The incident was included in the Fiscal 

Year 2015 AO report. 

In each instance described above, the response performed by the State was 

comprehensive in its scope and aggressive in its response time. 

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

Ohio continues with the decommissioning of a former cobalt-60 manufacturing 

facility, Advanced Medical Systems. The facility has extensive contamination and is 

prohibited from releasing untested water into the municipal water treatment system. 

The Bureau’s efforts over the last two decades has resulted in the disposal of 

sources that had been stored in the facility with a significant reduction in source term. 

The State is working with the U.S. Environmental Protection Agency to see if the
Ohio Periodic Meeting Page 5 

Federal government can assist with the decommissioning of this facility. (Note: 

Since this Periodic Meeting, the Bureau reported that vandalism at the AMS facility 

has resulted in a major response to ensure that contamination is not released from 

the facility.) 

Sealed Sources and Devices: 

Ohio has an active SS&D program, with no backlogs noted. The Medical 

Supervisor, the primary SS&D reviewer, recently left the program. Additional staff 

members are being trained to ensure that adequate expertise is maintained for 

SS&D evaluation. 

Current State Initiatives: 

The Republican National Convention is scheduled for July 2016 in Cleveland. The 

Bureau will provide security technical support to law enforcement agencies. 

Out-of-State travel is an issue for the program. Program managers stated that 

out-of-State travel, even if paid for by the NRC, is closely monitored and may not be 

done depending on Bureau travel prioritization, unless it is required. Training 

courses, needed for qualification of staff, are being allowed. NRC was encouraged 

to promote more online communications so that travel is not necessary. 

Current NRC Initiatives: 

NRC’s effort to analyze historical uses of radium sources was discussed with 

Bureau managers. NRC plans to provide specific information about the project to 

Agreement States in July 2016. 

CONCLUSION: 

The Ohio Agreement State Program remains a very strong radiation control program. 

Recent losses in key management positions have challenged the entire program. The 

training level for staff members is on target. 

The NRC representatives expressed concern that Ohio, a leader in the National Materials 

Program, has not been prioritizing some efforts that require out-of-State travel. Ohio 

managers acknowledged the concern and will evaluate the Department’s position on 

out-of-State travel. 

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

late 2018.