UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

REGION I 

2100 RENAISSANCE BLVD., SUITE 100 

KING OF PRUSSIA, PA 19406-2713 

February 11, 2016 

Jack Priest, Director 

Radiation Control Program 

Massachusetts Department of 

 Public Health 

Schrafft Center, Suite 1M2A 

529 Main Street 

Charlestown, MA 02129 

Dear Mr. Priest: 

A periodic meeting with you and your staff was held on July 30, 2015. The purpose of this 

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

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

Lisa Dimmick, and me. In addition an inspection accompaniment with one of your inspectors 

was conducted on July 29, 2015. 

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

resulting from the discussions. 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) 337-5371 or via e-mail at Donna.Janda@nrc.gov to discuss your concerns. 

 Sincerely, 

 /RA/ 

 Donna M. Janda 

 Regional State Agreements Officer 

 Division of Nuclear Materials Safety 

 

Enclosure: 

Periodic Meeting Summary for Massachusetts 

 
February 11, 2016 

Jack Priest, Director 

Radiation Control Program 

Massachusetts Department of 

 Public Health 

Schrafft Center, Suite 1M2A 

529 Main Street 

Charlestown, MA 02129 

Dear Mr. Priest: 

A periodic meeting with you and your staff was held on July 30, 2015. The purpose of this 

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

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

Lisa Dimmick, and me. In addition, an inspection accompaniment with one of your inspectors 

was conducted on July 29, 2015. 

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

resulting from the discussions. 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) 337-5371 or via e-mail at Donna.Janda@nrc.gov to discuss your concerns. 

 Sincerely, 

 /RA/ 

 Donna M. Janda 

 Regional State Agreements Officer 

 Division of Nuclear Materials Safety 

 

Enclosure: 

Periodic Meeting Summary for Massachusetts 

Distribution: 

L. Dimmick, NMSS D. Collins, NMSS C. Einberg, NMSS 

P. Henderson, NMSS M. Ford, RI DNMS D. Janda, RI DNMS 

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

SUNSI Review Complete: DMJ (Reviewer’s Initials) 

\\nrc.gov\nrc\R1\Shared\State Agreement Files\Massachusetts\MA July 2015 Periodic Meeting Summary and 

Transmittal Letter corr version.docx 

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

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OFFICE DNMS/RI 

NAME DJanda/dmj 

DATE 02/11/16 

 
 

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 

MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH 

RADIATION CONTROL PROGRAM 

DATE OF MEETING: July 30, 2015 

U.S. Nuclear Regulatory 

Commission (NRC) Attendees 

Massachusetts Department of Public Health 

(Department) Attendees 

Donna Janda, State Agreements 

Officer, Region I 

Jack Priest, Director, Radiation Control Program 

Daniel Collins, Director, Division of 

Nuclear Materials Safety, Region I 

Joshua Daehler, Materials Supervisor, Radiation 

Control Program 

Lisa Dimmick, Senior Health Physicist, 

Agreement State Programs Branch, 

Office of Nuclear Material Safety and 

Safeguards 

DISCUSSION: 

During the 2014 Integrated Materials Performance Evaluation Program (IMPEP) review of the 

Massachusetts Agreement State Program (Program) conducted on July 28 - August 1, 2014, 

the review team found the Commonwealth’s performance satisfactory for four indicators and 

satisfactory, but needs improvement, for three performance indicators: Technical Quality of 

Inspections, Technical Quality of Licensing Actions, and Technical Quality of Incident and 

Allegation Activities. The review team made one recommendation to strengthen the 

Commonwealth’s incident response program. 

 

On October 24, 2014, the Management Review Board (MRB) found the Program adequate to 

protect public health and safety, but needs improvement, and compatible with the NRC’s 

program. The MRB directed NRC staff to initiate a period of Monitoring and requested that calls 

between the Massachusetts DPH staff and the NRC staff be conducted on a quarterly basis. 

The MRB also directed that a Periodic Meeting be conducted in approximately July 2015. This 

report is a summary of the periodic meeting. 

TOPICS COVERED DURING THE MEETING INCLUDED: 

Program Strengths 

• Experienced and well-trained staff who work well together 

• Good interactions between technical staff and Program managers 

• Materials supervisor conducts inspection accompaniments and provides feedback to 

inspectors 

• Program has two new technical staff with chemical engineering degrees 

• Program uses experienced inspectors as mentors to new technical staff 

 
Massachusetts Periodic Meeting Summary 2 

Program Challenges 

• Retirements and staff turnover continue to impact the Program (early retirement 

incentive program resulted in loss of two experienced technical staff members) 

• A hiring freeze is currently in effect for all agencies so the two vacant technical positions 

cannot be filled until the freeze is lifted 

• The Program has lost one qualified SS&D reviewer and is evaluating the option of 

returning the SS&D Program to NRC 

• A freeze on out-of-state travel is also in effect; however, staff are allowed to attend NRC 

sponsored courses 

Feedback on the NRC’s Program 

The Program noted that there is good communication and support from NRC. The Program 

also appreciates the training courses and opportunities provided by NRC. The Director noted 

that without NRC training courses it would be difficult to qualify technical staff in materials 

inspection and licensing activities. 

Organization 

The Commonwealth has a new governor, new Commissioner and a new Acting Associate 

Commissioner. The Program has not been reorganized since the 2014 IMPEP review. The 

Massachusetts Agreement State Program is administered by the Radiation Control Program, 

which is part of the Center for Environmental Health within the Department. The Program is 

managed by the Program Director and the Radioactive Materials Unit Supervisor. The Program 

also has one licensing supervisor and one inspection supervisor. 

Program Budget/Funding 

Program funds are placed into a retained revenue fund which is dedicated for Program use. 

The most recent fee increase was in 2004 and at the time of this meeting, the Program did not 

anticipate any fee increases under the new Administration. The Program has not had any 

budget cuts since the 2014 IMPEP review. 

Technical Staffing and Training (2014 IMPEP: Satisfactory) 

At the time of the periodic meeting, the Program devoted seven full-time technical staff, 

including the licensing and inspection supervisors, and one full-time Unit Supervisor, to the 

radioactive materials program. Two of the technical staff positions in the Program are currently 

vacant. One technical staff position in the Non-Ionizing Radiation/Industrial Unit is also vacant. 

The individual in this position performed radioactive materials inspections prior to resigning from 

the position. Two technical staff members have been hired since the 2014 IMPEP review and 

are currently undergoing qualification training. In addition, one individual in the Non-Ionizing 

Radiation/Industrial Unit is undergoing qualification training and will be devoting 0.5 FTE to the 

materials program. 

As mentioned previously in this report, at the time of the periodic meeting, the Commonwealth 

had a hiring freeze and was unable to fill the vacant positions. These positions have been 

designated as critical hires and, as such, will have priority to be filled when allowed. The 

Program Director noted that the current staff has been completing licensing and inspection 
Massachusetts Periodic Meeting Summary 3 

activities on a timely basis but the level of effort to maintain timeliness has increased. The 

Program is in the process of hiring a recently retired technical staff member to return to work on 

a 120-day contract to support Program activities. 

The Unit Supervisor developed a staffing plan and determined that the Program would benefit 

from an additional two technical staff members. This staffing plan was still under consideration 

at the time of this periodic meeting. Program managers are reviewing options to increase 

efficiency. Considering the potential retirements and other possible future vacancies due to 

attrition, the Program is concerned about knowledge management and succession planning and 

is working on options to address potential staff vacancies. 

Status of Materials Inspection Program (2014 IMPEP: Satisfactory) 

The Program reported it has conducted 152 inspections, including 45 Priority 1, 2, and 3 

inspections, since the 2014 IMPEP review. None of these inspections were completed overdue. 

No inspections are currently overdue. The Program has completed 19 initial inspections since 

the 2014 IMPEP review, none of which were completed overdue. In addition, the Program has 

conducted 4 reciprocity inspections out of 14 candidate licensees in calendar year 2014 and 4 

reciprocity inspections out of 9 candidate licensees in calendar year 2015. 

Technical Quality of Inspections (2014 IMPEP: Satisfactory, but Needs Improvement) 

The Program Director reported that all qualified inspectors are involved with mentoring less 

experienced staff. One experienced inspector provided training to other Program inspectors on 

conducting effective inspections. After completing the NRC nuclear medicine course, the two 

newest inspectors provided training on patient release criteria to other Program inspectors. The 

Unit Supervisor holds staff meetings with the inspection staff approximately every two months to 

discuss inspection findings and inspection-related issues. 

The Program Director and Unit Supervisor have increased the number of supervisory 

accompaniments on materials inspections. Since September 2014, Program managers have 

performed 13 accompaniments of 7 inspectors. The managers debrief the inspectors at the 

conclusion of the inspection and provide feedback on any focus areas which need improvement. 

The Program’s goal is to perform a minimum of two supervisory accompaniments per inspector 

each calendar year. 

The Program uses inspection procedures that are consistent with the inspection guidance 

outlined in IMC 2800. The inspection supervisor reviews and signs off on inspection reports to 

ensure that required information is documented in the report. Inspection findings are routinely 

sent to licensees within 30 days of completing an inspection. 

During the week of May 12-16, 2014, as part of the 2014 IMPEP review, the review team 

accompanied four Program inspectors on four routine safety/security inspections. The review 

team found that three inspectors did not identify some items important to health and safety or 

security with respect to completeness and thoroughness of the inspection and technical quality. 

On July 29, 2015, the NRC Region I RSAO accompanied one Program inspector during a 

routine safety/security inspection. The inspector was well prepared for the inspection and 

conducted a thorough audit of the licensee’s radiation safety program. The inspector conducted 

interviews with appropriate personnel, observed licensee operations, conducted confirmatory 

measurements and utilized good health physics practices. The RSAO determined that the 
Massachusetts Periodic Meeting Summary 4 

inspection was adequate to assess radiological health, safety and security at the licensed 

facility. 

Technical Quality of Licensing Actions (2014 IMPEP: Satisfactory, but Needs Improvement) 

At the time of the periodic meeting, the Program reported having 433 specific licensees. The 

Program reported a backlog in licensing renewal actions, a few of which are greater than one 

year. The licensing supervisor reviews each renewal application for prioritization purposes. The 

Program prioritizes licensing actions by giving precedence to new licenses and amendments 

before addressing renewal actions. The Program is considering extending licenses from the 

current term of 5 years to a new term of 10 years. The Program Director signs all licensing 

actions. 

The Program Director noted that the issues that were identified for this indicator during the 2014 

IMPEP review have been addressed. The specific areas that needed to be addressed included: 

maximum possession limits on licenses, use of license conditions for certain devices, review of 

enforcement and inspection history during renewals, use of superceded licensing guidance, and 

use of a non-NRC approved legally binding requirement. 

Technical Quality of Incidents and Allegation Activities (2014 IMPEP: Satisfactory, but Needs 

Improvement) 

One recommendation was made in this indicator during the 2014 IMPEP review: 

Recommendation: The review team recommends that the Commonwealth strengthen its 

incident response program and take measures to ensure that the Program’s evaluation of 

events is thorough, complete, properly documented to facilitate future follow-up, and undergoes 

appropriate management review prior to closeout. 

Status: The Program has implemented the use of a challenge board for their evaluation of 

follow up actions on complex events. After implementation of use of the challenge board, the 

first few events were discussed during a team review with the Program Director as chair. 

Currently the inspector assigned to an event will work with the inspection supervisor and Unit 

supervisor to ensure follow up actions are complete, thorough, and properly documented. The 

Program Director reviews the event documentation to ensure completeness. 

At the time of this meeting, the Program had reported 14 events to NRC since the 2014 IMPEP 

review. The Program has completed several actions related to event follow up activities. The 

Program provided refresher training on medical events during staff meetings. Program staff 

participated in the NRC medical webinar on identification of medical events during inspection. 

The Program has issued two information notices to medical licensees and registrants in the 

Commonwealth of Massachusetts, one on written reports of medical events and one on medical 

events to non-treatment site(s). In addition, the Program plans to utilize the expertise of 

technical staff in the Mammography/Healing Arts Unit when appropriate. 

The Program uses procedures equivalent to the NRC’s allegation procedures for processing 

allegations. The Program received and responded to four allegations since the last IMPEP 

review, including one allegation that was transferred by NRC. 

 
Massachusetts Periodic Meeting Summary 5 

Compatibility Requirements (2014 IMPEP: Satisfactory) 

At the time of this meeting, the Program had no legislative changes that affected the Program 

and no regulation amendments that were overdue for adoption. The Program Director reported 

that currently the Commonwealth has placed a freeze on regulation changes. The Program is in 

the process of completing the proposed version of Massachusetts’ equivalent regulation to 

10 CFR Part 37 and other regulation changes. If the freeze is not lifted in sufficient time for 

Massachusetts to adopt their equivalent Part 37 regulations by March 19, 2016, then 

Massachusetts plans to use an approved license condition to meet the implementation date. 

Sealed Source and Device Evaluation Program (2014 IMPEP: Satisfactory) 

The Program currently has three qualified SS&D reviewers, one of whom is not actively involved 

in SS&D reviews. One other reviewer who recently retired will return to the Program for a 

limited time as a contractor to perform SS&D reviews and to train new reviewers. The Program 

is training the two newest materials inspectors, both engineers, to become qualified SS&D 

reviewers. The new employees have reviewed greater than 20 actions under the direct 

supervision of a qualified SS&D reviewer. The Program is using IMC 1248 to qualify the new 

SS&D reviewers. 

The Program has 55 active SS&D registrations and 5 pending new registrations. Four of the 

pending registrations are from an out-of-state manufacturer/distributor which plans to move their 

licensed activities to Massachusetts in the near future. The Program anticipates receipt of 

10 additional registrations from this manufacturer. 

CONCLUSIONS: 

The Massachusetts Agreement State Program continues to be an effective, well maintained 

program. There were three staff level vacancies at the time of the periodic meeting. The 

Program continues to address the one recommendation made during the 2014 IMPEP review. 

The Program is effectively managing its licensing and inspection activities and responds to 

incidents and allegations as appropriate. 

NRC staff recommends that a periodic meeting be held in one year and that the next IMPEP 

review be conducted as scheduled in July 2018.