ML18319A285

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Environmental Protection Industries, Inc. - NRC Form 591M Parts 1 & 3, Inspection Report 15000012/2018001 (DNMS)
ML18319A285
Person / Time
Site: 15000012
Issue date: 10/26/2018
From: O'Dowd D
NRC/RGN-III
To: Meilman S
Environmental Protection Industries
References
IR 2018001
Download: ML18319A285 (3)


See also: IR 015000012/2018001

Text

NRC FORM 591M PART 1

U.S. NUCLEAR REGULATORY COMMISSION

(07-2012)

10CFR2.201

SAFETY INSPECTION REPORT AND COMPLIANCE INSPECTION

1. LICENSEE/LOCATION INSPECTED:

Environmental Protection Industries, Inc.

16650 S. Canal Street

South Holland, IL 60473

REPORT NUMBER(S) 2018001

3. DOCKET NUMBER(S)

150-00012

LICENSEE:

2. NRG/REGIONAL OFFICE

Region III

U.S. Nuclear Regulatory Commission

2443 Warrenville Road, Suite 210

Lisle, IL 60532-4352

4. LICENSE NUMBER($)

5. DATE(S) OF INSPECTION

IL-02294-01

October 26, 2018

The inspection was an examination of the activities conducted under your license as they relate to radiation safety and to compliance with the Nuclear

Regulatory Commission (NRC) rules and regulations and the conditions of your license. The inspection consisted of selective examinations of

procedures and representative records, interviews with personnel, and observations by the inspector. The inspection findings are as follows:

[Z] 1.

Based on the inspection findings, no violations were identified.

[Z] 2.

Previous violation(s) closed.

D 3.

The violations(s), specifically described to you by the inspector as non-cited violations, are not being cited because they were self-identified,

non-repetitive, and corrective action was or is being taken, and the remaining criteria in the NRC Enforcement Policy, to exercise

discretion, were satisfied.

Non-cited violation(s) were discussed involving the following requirement(s):

D 4.

During this inspection, certain of your activities, as described below and/or attached, were in violation of NRC requirements and are being

cited in accordance with NRC Enforcement Policy. This form is a NOTICE OF VIOLATION, which may be subject to posting in accordance

with 10 CFR 19.11.

(Violations and Corrective Actions)

Statement of Corrective Actions

I hereby state that, within 30 days, the actions described by me to the Inspector will be taken to correct the violations identified. This statement of

corrective actions is made in accordance with the requirements of 10 CFR 2.201 (corrective steps already taken, corrective steps which will be taken,

date when full compliance will be achieved). I understand that no further written response to NRC will be required, unless specifically requested.

TITLE

PRINTED NAME

SIGNATURE

DA TE

LICENSEE'S

REPRESENTATIVE

NRC INSPECTOR

Dennis P. O'Dowd

BRANCH CHIEF

Aaron T. McCraw

NRC FORM 591M PART 1 (07-2012)

f

'

NRC FORM 591M PART 3

(07-2012)

10 CFR 2.201

U.S. NUCLEAR REGULATORY COMMISSION

Docket File Information

SAFETY INSPECTION REPORT AND COMPLIANCE INSPECTION

1. LICENSEE/LOCATION INSPECTED:

Environmental Protection Industries, Inc.

16650 S. Canal Street

South Holland, IL 60473

REPORT NUMBER(S) 2018001

3. DOCKET NUMBER($)

150-00012

6. INSPECTION PROCEDURES USED

87124

2. NRG/REGIONAL OFFICE

4. LICENSE NUMBER($)

IL-02294-0 I

Region III

U.S. Nuclear Regulatory Commission

2443 Warrenville Road, Suite 210

Lisle, IL 60532-4352

5. DATE(S) OF INSPECTION

October 26, 2018

7. INSPECTION FOCUS AREAS

03.01 - 03.07

SUPPLEMENTAL INSPECTION INFORMATION

1 . PROGRAM CODE(S)

03121

2. PRIORITY

5

D Main Office Inspection

3. LICENSEE CONTACT

4. TELEPHONE NUMBER

Sergio Meilman, Ops Director/RSO

(312) 354-0627

Next Inspection Date:

NA

D Field Office Inspection

Conducted in South Holland, IL for activities

[ZJ Temporary Job Site Inspection conducted at job sites in East Chicago, IN

PROGRAM SCOPE

This was an unannounced, special inspection of an environmental consulting, remediation, and engineering company

located in South Holland, Illinois, which had, on certain dates from the period beginning on September 25, 2018, and

ending on October 23, 2018, conducted licensed activities under reciprocity within NRC jurisdiction. Specifically, during

that period, the licensee possessed and used a portable nuclear gauge containing millicurie quantities of Cs-137 and

Am-241 for performing measurements of moisture/density of materials at various temporary job site locations at an

environmental remediation project in East Chicago, Indiana. This licensee had been subject to escalated enforcement

(EA-18-099; IR15000012/2018002), with a Notice of Violation dated September IO, 2018, (ML18254A425) and issued

a Severity Level III violation for failure to file for reciprocity with the NRC prior to possessing and using licensed

material in NRC jurisdiction (10 CFR 150.20), specifically, within the State oflndiana on several occasions between

June 11, 2018, and July 5, 2018. The licensee provided its corrective actions in letter dated August 21, 2018

(MLI 8235A265), which included immediately suspending its possession and use of licens<:?d material in Indiana upon

notification by the NRC, promptly filing for reciprocity with the NRC, providing to the NRC the listing of dates and

locations of unauthorized gauge use in Indiana, and reviewing the pertinent regulations regarding reciprocity and NRC

regulations.

PERFORMANCE OBSERVATIONS

During a telephone conversation with the licensee's RSO on October 26, 2018, the inspector was informed that the

licensee had ceased its use of the gauge at the project site in Indiana for 2018, as of October 23, 2018. This was earlier

than the licensee's expectation, and as per the direction of the environmental remediation project management. Because a

temporary job site inspection was not possible, the inspector conducted an inspection of the licensee's activities

conducted previously at the job sites in East Chicago, IN, at the licensee's corporate office located in South Holland,

Illinois. The inspector met with the RSO and discussed the licensee's methods for adequately securing the gauge while in

NRC jurisdiction using at least two independent physical controls when the gauge was unattended. The inspector

(cont'd. on next page)

NRC FORM 591 M PART 3 (07-2012)

NRC FORM 591M PART 3

(07-2012)

10CFR2.201

U.S. NUCLEAR REGULATORY COMMISSION

Docket File Information

SAFETY INSPECTION REPORT AND COMPLIANCE INSPECTION

1. LICENSEE/LOCATION INSPECTED:

2. NRG/REGIONAL OFFICE

Region III

Environmental Protection Industries, Inc.

16650 S. Canal Street

South Holland, IL 60473

U.S. Nuclear Regulatory Commission

2443 Warrenville Road, Suite 210

Lisle, IL 60532-4352

REPORT NUMBER(S) 2018001

3. DOCKET NUMBER($)

150-00012

6. INSPECTION PROCEDURES USED

87124

4. LICENSE NUMBER($)

IL-02294-01

7. INSPECTION FOCUS AREAS

03.01 - 03.07

SUPPLEMENTAL INSPECTION INFORMATION

5. DATE(S) OF INSPECTION

October 26, 2018

1. PROGRAM CODE(S)

03121

2. PRIORITY

5

3. LICENSEE CONTACT

4. TELEPHONE NUMBER

Sergio Meilman, Ops Director/RSO

(312) 354-0627

D Main Office Inspection

Next Inspection Date:

D Field Office Inspection

Conducted in South Holland, IL for activities

[ZJ Temporary Job Site Inspection conducted at job sites in East Chicago, IN

PROGRAM SCOPE

(cont'd. from previous page)

NA

also discussed the following with the RSO: gauge user training, gauge use, leak tests, gauge maintenance, and

emergency response relative to gauges while in NRC jurisdiction. Based on these discussions with the RSO, the

inspector determined that the RSO had sufficient understanding of radiation safety principles with respect to the use of

portable gauges, and of pertinent NRC regulations and requirements. The inspector reviewed written records and

documentation relative to licensed activities conducted in NRC jurisdiction, including utilization logs ( confirming dates

and locations of use in NRC jurisdiction were as stated in the licensee's reciprocity notifications), leak test records,

shipping papers, and training certificates (including DOT hazmat), and dosimetry. No issues or concerns were noted.

With respect to the enforcement follow-up aspect of this inspection, the inspector determined that corrective actions

were completed as described by the licensee in its response, and that the violation had not recurred. Based on this, the

previous violation involving 10 CFR 150.20 is considered closed.

No violations ofNRC requirements were identified during this inspection.

NRC FORM 591M PART 3 (07-2012)