UNITED STATES

NUCLEAR REGULATORY COMMISSION

R EGI ON IV

612 E. LAMAR BLVD., SUITE 400

ARLINGTON, TEXAS 76011-4125

June 14, 2010 

Mr. Gary L. Robertson, Director 

Office of Radiation Protection 

Washington Department of Health 

111 Israel Road, SE 

P.O. Box 47827 

Olympia, Washington 98504-7827 

Dear Mr. Robertson: 

A periodic meeting with you and your staff was held on May 10, 2010. The purpose of this 

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

The NRC was represented by Ms. Rachel Browder from NRC’s Region IV office and me. 

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 (817) 860-8143 or 

e-mail Randy.Erickson@nrc.gov to discuss your concerns. 

 Sincerely, 

 /RA/ 

 

 Randy Erickson 

 Regional State Agreements Officer 

Enclosure: 

Periodic Meeting Summary for Washington 
Washington Department of Health - 2 -

cc w/enclosure: 

Ms. Mary C. Selecky, Secretary 

Washington State Department of Health 

101 Israel Road, SE 

P.O. Box 47890 

Olympia, WA 98504-7890 

Mr. Terry Frazee 

Office of Radiation Protection 

Washington Department of Health 

111 Israel Road, SE 

P.O. Box 47827 

Olympia, Washington 98504-7827 
Washington Department of Health - 3 -

Internal distribution via e-mail: 

Art Howell, D:DNMS 

Charles Cain, DD:DNMS 

Robert Lewis, FSME 

Terry Reis, FSME 

James Luehman, FSME 

Duncan White, FSME 

Antonio Dias, FSME 

Rachel Browder, SAO 

Randy Erickson, SAO 

Aaron McCraw, FSME 

Janine Katanic, FSME 

Karen Meyer, FSME 

Michelle Beardsley, RI 

 ML101650762 

S:\DNMS\!SAO\Periodic Meetings\2010\Washington\2010 Washington Periodic Meeting Summary.doc 

Final: S:\DNMS\Ltrs-Memos\2010\2010 Washington Periodic Meeting Summary.doc 

ADAMS 9 Yes  No ; SUNSI Rev 

Complete 

Reviewer 

Initials: 

RRE 

Publicly Available 9 Yes  No Nonsensitive 

RIV: RSAO 

RRErickson 

 /RA/ 

6/14/10 

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

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR THE 

WASHINGTON DEPARTMENT OF HEALTH 

DATE OF MEETING: MAY 10, 2010 

NRC Attendees Washington Attendees

Randy Erickson, RSAO Gary Robertson, Director 

Rachel Browder, RSAO Terry Frazee, Western Regional Director 

 Earl Fordham, Eastern Regional Director 

 Multiple Technical and Administrative Staff 

DISCUSSION: 

The Washington Agreement State Program is administered by the Office of Radiation Protection 

(the Office) in the Division of Environmental Health. At the time of the meeting, the Washington 

Agreement State program regulated approximately 450 specific licenses authorizing the use of 

byproduct, source, and special nuclear material. 

The previous IMPEP review was conducted the week of May 5-9, 2008. At the conclusion of 

the review, the team found Washington’s performance to be satisfactory for all nine 

performance indicators and made no recommendations regarding program performance. The 

review team recommended, and the MRB agreed, that the Washington Agreement State 

Program was adequate to protect public health and safety and compatible with NRC's program. 

The review team also recommended, and the MRB agreed, that the next full IMPEP review take 

place in approximately 4 years. 

Other topics covered at the meeting included: 

Program Strengths: The Washington Program is a very busy program with a highly 

motivated, well trained, and dedicated staff who works well together. Management has 

placed a high level of trust in the staff and actively encourages staff to speak out for the 

betterment of the program. Since the last IMPEP review, the Office experienced minimal 

staff loss but has been successful in filing those positions with talented individuals, 

bolstering the Program’s already broad knowledge base. Several staff members have 

been, and others currently are, involved in NRC working groups. Some staff members 

are also active participants on IMPEP teams. The Office Director recently announced 

his retirement in late 2010 and they are actively engaged in succession planning. 

Program Weaknesses: The Office noted that the only out-of-state training they can 

attend is training paid for by outside entities such as NRC; otherwise, out-of-state travel 

has been put on hold. While these rules have been a problem for them, they have been 

able to manage staff training successfully. They also noted that the competition for 

seats in NRC’s training classes has often limited their opportunities to attend classes. 
Washington Periodic Meeting Summary - 2 - 

ENCLOSURE 

Feedback on NRC’s Program

As indicated above, the Office noted problems with getting their staff into training. They 

believe that, due to the depth of their program, their staff is frequently placed at a lower 

priority and that, coupled with a limited of number classes, makes it difficult to get newer 

staff through the required training. 

The staff indicated their concern with NRC’s requests for feedback on NRC initiatives. 

The Office puts significant time into developing responses, but is concerned that those 

responses are not necessarily considered seriously. They base this on the fact that their 

comments are not necessarily integrated into the final product. 

The Office would like NRC to improve the NRC website. They do not find it easy to 

navigate and information is sometimes very difficult to locate. The search feature is not 

good at taking the user to the requested documents. The Office held out the EPA 

website as a good example of an easy to navigate website. 

The Office requested that NRC provide summary feedback to the States regarding 

NRC’s request for NSTS feedback from the States. 

Staffing and Training

The Office is managed by the Office Director and two Regional Directors. The Office is 

comprised of seven sections split between the two Regions. The Western Regional 

Director is located in the Olympia Office and is responsible for the operations of three 

sections: the Radioactive Materials Section (the Materials Section), the X-ray Section, 

and the Information Management and Process Development Section. 

The Eastern Regional Director is located in the Richland Office and is responsible for the 

operations of four sections: the Radioactive Air Emissions Section, the Environmental 

Radiation Monitoring and Assessment Section, the Radiological Emergency 

Preparedness Section, and the Waste Management Section (the Waste Section). The 

Agreement State program is primarily administered by the Materials Section and the 

Waste Section, with the other sections providing various degrees of support. 

At the time of the meeting, the Materials Section employed eight technical staff members 

and an administrative staff member. The technical staff members perform licensing, 

inspection, and emergency response activities. The Materials Section, currently headed 

by the Materials Section Supervisor, is recently vacant. Another senior staff member is 

currently acting in that position. Additionally, three senior staff members act as Program 

Managers for three major licensee groups: medical, industrial, and laboratory use. 

At the time of the meeting, the Waste Section employed six technical staff members and 

an administrative staff member. The technical staff members perform licensing, 

inspection, and emergency response activities. Additionally, three senior staff members 

act as Program Managers for three major licensee groups: uranium mills, low-level 

radioactive waste, and radioactive waste processing. 
Washington Periodic Meeting Summary - 3 - 

ENCLOSURE 

Overall, the Office reports they are sufficiently staffed to meet their program mission, 

although there are a few areas where additional staff would be helpful. In the Materials 

Section, the only activity where additional staff would be of transitory help is reviewing 

decommissioning funding plans. One large industrial licensee has submitted many 

requests for decommissioning individual buildings and several reviews had not been 

completed at the time of the NRC review. In addition, another licensee’s 

decommissioning funding plan had been in process for 3 years. The complicating 

factors have been delays because licensees do not always submit plans in a timely 

manner and often have difficulties understanding the standards in NUREG 1757. The 

Waste Section has one complex license (radioactive waste processor) that has been in 

timely renewal since June 10, 2008. 

Program Reorganizations

 The Office has not experienced any program reorganizations since the previous IMPEP 

review. With the impending departure of the Office Director, the Office was directed by 

Department management to look at potential reorganization options. If reorganization is 

implemented, it is expected that the basic organizational structure (Director, Regional 

Directors, and defined technical sections) would remain intact. 

Changes in Program Budget/Funding

 The Office has not experienced any problems with budgeting or funding. The Office is fee 

funded. The only issue that will affect the program irrespective of their funding level is the 

overriding requirement that all state government offices be subjected to 10 furlough days 

per year beginning July 1, 2010. 

Materials and Waste Section Inspection Programs

The Office reported that they currently have no overdue inspections. Routine inspections 

are generally performed by the due date, but certainly within the +25 percent window. 

Initial inspections are typically performed within 12 months of issuance. The staff 

continues to keep up with reciprocity inspections. 

All initial IC inspections have been completed and IC follow up inspections are now 

performed at the time of the health and safety inspection. NSTS inventories are being 

reviewed for those affected licensees, and prelicensing site visits are being performed on 

all new licenses being issued. 

Regulations and Legislative Changes

The Office reported that they are mostly up-to-date with the regulation development. One 

regulatory package is making its way through the system and will be final in July 2010. 

This will make three overdue regulatory packages current and leave only two other 

regulatory packages to be completed. 
Washington Periodic Meeting Summary - 4 - 

ENCLOSURE 

Event Reporting, Including Follow-Up and Closure Information in NMED

The Office had reported 19 events to NMED since the 2008 IMPEP review with 7 still 

open. The Office continues to monitor these events and is closing them as information 

becomes available. 

Response to Incidents and Allegations

The Office 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. 

Status of Allegations and Concerns Referred by the NRC for Action

No allegations were formally referred by NRC during the review period. 

Significant Events and Generic Implications

The Office noted that they are involved with a generic training issue for the Seattle Cancer 

Care Alliance involving HDR treatment planning software problems. 

Current State Initiatives

The Office noted that the X-ray Program is adding cyclotrons and accelerators to the work 

they oversee. They also noted that desk manuals are being developed for key positions 

within the program. 

Emerging Technologies

The Office is working with a Washington based licensee who has an application in to NRC 

for moly-99 production using low enriched uranium. 

Large, Complicated, or Unusual Authorizations for Use of Radioactive Materials

 The Office identified the ongoing decommissioning work at Dawn Mining Company and 

the 40 acres of US Ecology trenches being covered as examples of nonstandard projects 

they are working on. Staff continues to do confirmatory surveys in these locations. 

 The Office also identified decommissioning activities at Boeing and at Washington State 

University, which is decommissioning two entire buildings. 

State’s Mechanisms to Evaluate Performance

The Office utilizes many measures to evaluate program performance. The Waste Section 

performs full self-audits every 2 years; the Materials Section evaluates their performance 

in meeting requirements for inspection timeliness including the performance of inspections 

at a frequency that is one year less than NRC’s inspection frequency. 
Washington Periodic Meeting Summary - 5 - 

ENCLOSURE 

Annual supervisor accompaniments are performed. Additionally, the senior staff 

accompanies each other every 2 years. Licensing staff in both the Materials and Waste 

sections use QA sheets for all licensing activities to ensure consistency. 

The Materials Section Supervisor randomly reviews 10 percent of all licensing QA sheets 

and 10 percent of all inspection reports. If an individual is not fully qualified, a senior 

inspector signs off on each piece of work they perform, including both licensing and 

inspection activities. The Materials Section also uses computer tracking to evaluate 

records and audits, 100 percent of those each quarter. The Waste Section Supervisor 

reviews 100 percent of all licensing actions and inspection reports. 

Current NRC Initiatives

NRC staff discussed ongoing initiatives with the Office. This included prelicensing 

guidance, fingerprint orders, national source tracking, web based licensing, generally 

licensed devices, and Part 37. 

Schedule for the Next IMPEP Review

 It is recommended that the next IMPEP review be held on schedule in 2 years.