^REG<^

UNITED STATES

NUCLEAR REGULATORY COMMISSION

REGION IV

1600 E. LAMAR BLVD.

ARLINGTON, TX 76011-4511

July 22, 2015

Santiago Rodriguez, Acting Chief

Radiation Control Bureau

New Mexico Department of Environment

P.O. Box 5469

Santa Fe, New Mexico 87502-5469

Dear Mr. Rodriguez:

A periodic meeting with you and your staff was held on June 25, 2015. The purpose of this

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

The U.S. Nuclear Regulatory Commission (NRC) was represented by Mark Shaffer, Duncan

White, 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 August 3, 2015 at 1:00pm (EST). 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 (817) 200-1143 or

via e-mail at Randv.Erickson@nrc.gov to discuss your concerns.

Sincerely,

Randy Erickson

State Agreements Officer

Division of Nuclear Materials Safety

Enclosure:

Periodic Meeting Summary for New Mexico
Santiago Rodriguez, Acting Chief

Radiation Control Bureau

New Mexico Department of Environment

P.O. Box 5469

Santa Fe, New Mexico 87502-5469

Dear Mr. Rodriguez:

A periodic meeting with you and your staff was held on June 25, 2015. The purpose of this

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

The U.S. Nuclear Regulatory Commission (NRC) was represented by Mark Shaffer, Duncan

White, 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 August 3, 2015 at V.OOpm (EST). 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 (817) 200-1143 or

via e-mail at Randv.Erickson@nrc.aov to discuss your concerns.

Sincerely,

Randy Erickson

State Agreements Officer

Division of Nuclear Materials Safety

Enclosure:

Periodic Meeting Summary for New Mexico

DISTRIBUTION:

M. Shaffer, D:DNMS

J. Piccone, NMSS

R. Erickson, SAG

M. Beardsley, NMSS

L. Howell, DD:DNMS

P. Henderson, NMSS

B. Tharakan, SAG

D. White, NMSS

V. Campbell, TA:DNMS

C. Einberg, NMSS

L. Dimmick, NMSS

S:\DNMS\!SAO\Periodic Meetings\2015\New MexicoVNew Mexico June 2015 Periodic Meeting Summary and Transmittal

Letter.docx

XSUNSI Review

By: RRE

ADAMS

X Yes D

No

X Publicly Available

D Non-Publicly

Available

X Non-Sensitive

D Sensitive

Keyword:

OFFICE RIV:SAO

NAME RR^kson

SIGNATURE ^.

DATE 07/22/15

OFFICIAL RECORD COPY
AGREEMENT STATE PERIODIC MEETING SUMMARY FOR

NEW MEXICO'S ENVIRONMENT DEPARTMENT

RADIATION CONTROL BUREAU

DATE OF MEETING: JUNE 25, 2015

U.S. Nuclear Regulatory

Commission (NRC) Attendees

Oregon Radiation Protection Services

Attendees

Randy Erickson, State Agreements

Officer, Region IV

Santiago Rodriguez, Acting Chief, Radiation Control

Bureau

Mark Shaffer, Director, Division of

Nuclear Materials Safety, RegionJV_

Michael Ortiz, Environmental Scientist

Duncan White, Senior Health Physicist,

Agreement State Programs Branch,

Office of Nuclear Material Safety and

Safeguards

Victor Diaz, Environmental Scientist

DISCUSSION:

During the 2013 Integrated Materials Performance Evaluation Program (IMPEP) review of the

New Mexico Agreement State Program (Program), the review team found the State's

performance satisfactory for the indicators Status of Materials Inspection Program, Technical

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

Allegation Activities and Compatibility Requirements; and satisfactory, but needs improvement,

for the indicator Technical Staffing and Training. The review team made one recommendation

for the Program and closed one recommendation from the 2009 IMPEP review.

The review team also recommended, and the Management Review Board (MRB) agreed, that

the New Mexico Agreement State Program was adequate to protect public health and safety

and was compatible with the NRC's program. The MRB also agreed that the next IMPEP review

take place in approximately four years.

TOPICS COVERED DURING THE MEETING INCLUDED:

Program Strengths

1. Improved Ability to Attract and Recruit Qualified Individuals

. The Program previously required a bachelor's of science degree for employment

irrespective of an individual's background or work experience. This requirement

has been removed and sufficient work experience can now be substituted for a

degree. This has made it easier for the Program to attract, recruit and retain

qualified individuals.

Enclosure
-2

2. Well Trained Staff

. The Program has not experienced problems getting into NRC training classes

and has taken full advantage of those offerings. They also take advantage of

local training, Webinars (e.g. EPA MARSSIMS) and also hold topical

meetings (e.g. CRCPD AAMP training on medical therapy) to assist the

staff. Several of their staff have been long term employees of the Program and

are fully qualified to perform all types of inspections.

3. Supportive Management

. Management support to the Program is outstanding at all levels, and access to

senior management is unencumbered. Senior Department managers work

closely with Program management to ensure that needs are met and that the

Program has the ability to meet their mission.

4. Competitive Salaries

. Salaries have remained competitive which has allowed the Program to attract

and retain qualified individuals.

Program Challenges

1. Meeting the Requirements for Completing Reciprocity Inspections

. Geographically New Mexico is a large state. Santa Fe is in the northern region of

the State and of much of their reciprocity work is in the southeast portion of the

state where oil and gas drilling is ongoing. Getting to those locations in a timely

manner has been a challenge. Often when they go, the licensees have

completed their work and have left the jobsite; or the Program doesn't receive

reciprocity notifications in a timely manner. The Program is also challenged by

companies coming into the oil and gas fields to work but then don't file for

reciprocity as required. The Program continues to work towards meeting the

goal of inspecting 20 percent of all reciprocity notifications each calendar year in

accordance with Inspection Manual Chapter 1220.

2. Regulations

. Due to their small size, and the complexity of initiating rule revisions, the

Program has often found it difficult to keep up with rule development. At the time

of the meeting two amendments, RATS ID 2011-2 and RATS ID 2012-1 were

overdue for adoption. RATS ID 2011-2 currently applies to one irradiator and

11 well logging licensees and has been implemented by legally binding

requirements. RATS ID 2012-1 which refers to RATS ID 2001-1 was completed

on 8/23/2005, is currently in place in New Mexico's rules, and will be sent to NRC

for approval with RATS ID 2012-2 and RATS ID 2012-3 which come due in

August 2015.
-3

Feedback on the NRC's Program

The Program was appreciative for the letter of support received following the 2013 IMPEP

review. It helped management understand the necessity of filling positions that had been left

open for long periods of time. They also wanted to extend their appreciation for how easy it's

been to get into training classes. Specifically they wanted to call out the efforts of Marcia Casby

for her help in making this happen. The Program also expressed concerns that they had heard

about the possibility of cuts to training funds in the future as this would have a grave impact on

the training of new staff.

Organization

The New Mexico Radiation Control Program is administered by the Radiation Control Bureau

which is located within the Environmental Protection Division. The Division is a part of the New

Mexico Environmental Department.

Only one change occurred in the Program since the 2013 IMPEP review. The Bureau Chief

stepped down from that position and took a position as an Environmental Scientist within the

Program. The Program Manager is currently acting in the Bureau Chief position.

Program Budaet/Fundina

The Program's budget is stable. The Program operates on a $1.25M budget in a dedicated

fund with the ability to roll unused funds forward. Approximately 90 percent of their funding is

from direct fees and approximately 10 percent is from general revenue. The general revenue

portion of the Program's funding continues to be reduced in each budget year.

Technical Staffing and Training (2013 IMPEP: Satisfactory but needs ImDrovement)

At the time of the Periodic Meeting, the Program had 8 staff positions, 2 management positions

and one contractor position in the materials program. At the time of the meeting 6 of the staff

positions are filled and 2 were currently open. One of the vacancies was advertised and is now

closed. Interviews are to begin on that position. The Bureau Chief position is currently being

filled temporarily by the Program Manager. Once the Department makes a permanent selection

for the Program Chief position, the Program Manager position can be filled.

At the time of the 2013 IMPEP review the review team noted that the Program had lived with

significant turnover and position vacancy issues for several years. Four staff members had left

the materials program, and four staff members were hired to replace them. The Bureau Chief

and Program Manager positions had been vacant for 10 months and 9 months respectively

through 2010-2011. And at the time of the 2013 IMPEP review 4 technical positions were

vacant and had been so for various lengths of time. Because of this, NRC managers held a

meeting with Division management to discuss the long standing vacancy issue. A letter of

support was provided by NRC which helped Department managers understand the importance

of maintaining a viable program. Positions soon began to be filled and the Program was even

expanded by two positons.
-4-

The 2013 IMPEP review team made one recommendation for the indicator Technical Staffing

and Training. The recommendation and its status is listed below.

Recommendation: The review team recommends that Program management continue to

aggressively pursue the filling of the current vacancies in order to ensure the program's

continued adequacy and compatibility.

Status: As previously noted in this report, following the 2013 IMPEP review a meeting was held

between senior NRC and Department managers and a letter of support from NRC was then

provided. This helped Department managers better understand what was needed to maintain

their agreement with NRC. The Department responded in a positive manner. Positions were

filled and the Program has been expanded by two staff positions. At the time of the Periodic

Meeting, only two staff positions were currently open, one was being advertised and one was

going before management for approval.

At the time of the 2013 IMPEP review, the Program had a documented training plan consistent

with NRC's Inspection Manual Chapter (IMC) 1246, "Formal Qualification Programs in the

Nuclear Material Safety and Safeguards Program Area." They still follow that plan but were

advised during the meeting that IMC 1246 had been superseded by IMC 1248, "Qualification

Programs for Federal and State Materials and Environmental Management Programs," and a

discussion was held to point out the differences between the former and current guidance and

to ensure the Program continued forward using IMC 1248.

Status of Materials Inspection Program (2013 IMPEP: Satisfactory)

Technical Quality of Inspections (2013 IMPEP: Satisfactory)

The Program had conducted 264 Priority 1, 2, and 3 inspections since the last IMPEP review.

None were conducted overdue. Following the 2013 IMPEP review, the Program was only able

to perform 10 percent of all reciprocity notifications received for the rest of that year. This was

primarily due to the lack of staffing identified during the review. The staffing shortage continued

for a period of time past the end date of the 2013 IMPEP review. But in 2014, the Program met

the 20 percent goal and they are on track in 2015 to exceed the 20 percent goal. Supervisory

accompaniments of inspectors are being performed by the former Bureau Chief.

Technical Quality of Licensing Actions (2013 IMPEP: Satisfactory)

The Program reported they have 204 specific licensees with 6 new licenses pending. All

licensing actions are worked on in a timely manner. The Program has received 300 licensing

actions since the last IMPEP review. They have a goal of processing most licensing actions

within 60 days, but will extend that up to 90 days if necessary. Signature authority is performed

by the Program Manager and the Bureau Chief. The guidance used by the Program is

equivalent to the NRC's NUREG 1556 Series guidance.

The 2013 IMPEP review team identified a weakness concerning the licensing actions for

selected HDR license authorizations. At the time the review team noted that the Program

licensed HDR units with possession limits that exceeded medical use limitations on respective

Sealed Source and Device Registry (SSD) sheets and also existing licensing guidance. The

team discussed this matter with the Program Manager at the time who directed staff to promptly
-5-

amend all of the medical licenses that authorized HDR use, to ensure a high technical quality

and adherence to existing licensing guidance. This was completed while the review team was

on site. Once corrected the Program continues to ensure that they do not authorize limits in

excess of the limitations on the SSD review sheets.

The Program continues to follow the revised pre-licensing guidance and hand delivers new

licenses to each new licensee.

Technical Quality of Incidents and Allegations C2013 IMPEP: Satisfactory)

The Program continues to be sensitive to notifications of incidents and allegations. Incidents are

quickly reviewed for their effect on public health and safety. Staff is dispatched to perform onsite

investigations when necessary. The Office has placed a high emphasis on maintaining an

effective response to incidents and allegations.

Since the 2013 IMPEP review, the Program has reported 8 events to the NMED database. At

the time of the meeting, only 2 of those events were still open and being followed.

Regulations and Legislative Changes f2013 IMPEP: Satisfactory)

The current statutory authority for the New Mexico Program is contained in the Radiation

Protection Act, Title 20 Environmental Protection, Chapter 3, Radiation Protection. The Bureau

is designated as the State's radiation control agency. No legislative changes affecting the

Program have occurred since the 2013 IMPEP review.

At the time of the 2013 IMPEP review only one amendment was found to be overdue. The

Program had previously adopted the amendment but had not sent it to NRC for a compatibility

review. At the time of the 2015 Periodic Meeting, the Program had two other amendments,

RATS ID 2011-2 and RATS ID 2012-1 that were overdue for adoption. The requirements are

currently implemented by the use of legally binding requirements and apply to 12 licensees.

The Program will send the license condition to NRC for a compatibility review. They are in the

process of taking care of that now. New Mexico's equivalent to Part 37 will also be

implemented through the use of a legally binding requirement. The Program anticipates

implementation by March 19, 2016.

CONCLUSIONS:

The Program continues to be an effective, well maintained Agreement State program. There

are presently two staff level vacancies. The Program has addressed the open recommendation

from the 2013 IMPEP review and continues to build on demonstrating sustained performance in

timely recruiting, hiring and retaining of Program staff. The Program is effectively managing its

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

appropriate and only has two overdue regulation amendments.

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