ML20045G764

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Responds to Constituent Ltr Re Civil Penalty Imposed on Usda as Well as Concerns About Use of Radioactive Matls Usda License & Other Facilities
ML20045G764
Person / Time
Issue date: 06/15/1993
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Hancock M
HOUSE OF REP.
Shared Package
ML20045G765 List:
References
CCS, NUDOCS 9307150143
Download: ML20045G764 (4)


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UNITED STATES 9

[ kS[I j NUCLEAR REGULATORY COMMISSION WASHINGTON, D C. 20555 0001 June 15, 1993 The Honorable Mel Hancock United States House of Representatives Washington, DC 20515-2507

Dear Congressman Hancock:

I am responding to your recent letter forwarding a letter from y0ur constituent (attached) concerning the recent civil penalty imposed on the U.S. Department of Agriculture (USDA) by NRC, as well as concern about the use of radioactive materials under the USDA license at the Columbia, Missouri, and other USDA facilities.

While the recent NRC enforcement action with regard to the USDA did involve significant violations of NRC requirements, those violations were largely related to the overall administration of the radiation safety program. The violations did not involve the misuse of radiation or radioactive materials, but demonstrated a lack of adequate control by management of activities involving licensed material. The NRC license issued to the USDA entrusts substantial responsibility for radiation safety and control of licensed activities to USDA management; therefore, the NRC expects effective oversight of all activities authorized by the license. Incumbent upon each NRC licensee is the responsibility of management to protect the public health and safety by ensuring that all requirements of the NRC license are met and that any potential violations of NRC requirements are identified and corrected expeditiously. Based on the results of our inspections of the USDA central office and a number of their laboratories and field offices, we believe that the individual USDA activities were for the most part conducted safely and in compliance with NRC regulations.

Most USDA facilities use small amounts of radioactive material as tools to study chemical and biological processes. In Columbia, Missouri, the USDA uses small sealed sources of radioactive material to measure soil density, and small amounts of radioactive material for laboratory research. The USDA was cited during the recent enforcement action for not conducting a periodic inspection at the Columbia location at the frequency required by their NRC license. Since the enforcement action, USDA has notified the NRC that the required inspection at Columbia has been completed and no safety issues were identified.

The USDA location where very small amounts of radioactive materials were discarded in the normal trash was at Albany, California, not Albany, New York. The USDA identified this loss, took appropriate corrective actions and reported the loss to the NRC. The NRC conducted an inspection at this facility after the report was received and determined that radioactive waste is presently being properly stored and labelled. The amount of radioactive material involved does not present a health hazard to the surrounding community.

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b The Honorable Mel Hancock 2

In response to the recent enforcement action, USDA has described improvements to the management of their use of radioactive materials including both the hiring of additional staff and the conduct of an extensive independent audit of their management system to identify weaknesses and plan improvements. The USDA radiation safety staff has also provided a written quarterly report of their activities for NRC review as required by the March 26, 1993, Confirmatory Order Modifying License (Effective Immediately).

l In summary, while the management of the USDA radiation safety program r.eeds to be broadened and strengthened, we believe that radioactive materials used by USDA under their NRC license are controlled adequately to protect the public health and safety. We intend to continue to provide an appropriate level of regulatory oversight of the conduct of licensed activities by USDA. We will also provide regulatory oversight of the correction of weaknesses in the management of their overall radiation safety program to ensure that licensed activities are conducted safely and in accordance with requirements, and that program enhancements are implemented and provide lasting improvements.

Sincerely, x34

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James M. Taylor Executive Director for Operations

-l Enclosure.

Constituent letter

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The Honorable Mel Hancock n

1024 Longworth Building Washington, D.C. 20510 Dear Representative Hancock My name is Robin Simmons and I am a concerned college student who has recently been made aware of an interesting if not frightening issue.

Recently, the Department of Agriculture was involved in part of an investigation that resulted in the issuance of a $10,000 fine from the Nuclear Regulatory Commit tee.

The fines were imposed after the N.R.C.

conducted several investigations in various labs.

These investigations showed that there was a great misuse ofThere radiation in experiments and radioactive materials.

has been evidence of everything from improper 1p stored mat-erials to unauthorized employees handling radioactive One case in Albany, NY showed that employees dumped waste.

j radioactive waste in a normal trash dump.

My main concern is that there is a functioning laboratory in Columbia, M0 involved in doing radiation experimentation.

Being a former resident of Columbia, I car. not. help but be concerned, and frankly, a little frightened.

I assume that much of the research is a result of the lack of knowledge as to the effects of radiation.

I would appreciate if you would support me in doing whatever possible to insure I

compliance with N.R.C. regulations and guidlines.

thank you for your support and the time you have taken to read this.

Sincerely, G1LJ)LEf0

. k [<% 2 J Robin Simmonc 2516 South Ingram Mill Road Springfield, MO 65804

p June 15, 1993 The Honorable Mel Hancock U.

In response to the recent enforcement action, USDA has described improvements to the management of their use of radioactive materials including both the hiring of additional staff and the conduct of an extensive independent audit of their management system to identify weaknesses and plan improvements. The USDA radiation safety staff has also provided a written quarterly report of their activities for NRC review as required by the March 26, 1993, Confirmatory Order Modifying License (Effective Immediately).

In summary, while the management of the USDA radiation safety program needs to be broadened and strengthened, we believe that radioactive materials used by USDA under their NRC license are controlled adequately to protect the public health ud safety. We intend to continue to provide an appropriate level of regulatory oversight of the conduct of licensed activities by USDA. We will also provide regulatory oversight of the correction of weaknesses in the management of their overall radiation safety program to ensure that licensed activities are conducted safely and in accordance with requirements, and that program enhancements are implemented and provide lasting improvements.

Sincerely, Originalsigned by Jamesii Enhuk o James M. Taylor Executive Director for Operations

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