ML20138H075
| ML20138H075 | |
| Person / Time | |
|---|---|
| Site: | 15000019 |
| Issue date: | 04/25/1997 |
| From: | Johansen J, Duane White NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20138H066 | List: |
| References | |
| 15000019-97-01, 15000019-97-1, NUDOCS 9705070063 | |
| Download: ML20138H075 (5) | |
See also: IR 015000019/1997001
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, U.S. NUCLEAR REGULATORY COMMISSION
REGION I
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INSPECTION REPORT
- Report No. 150-00019/97-001
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Docket No. 150-00019
Maryland License No. MD-43-007-01
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a Licensee: Haaerstown Construction Services, Inc.
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1023 Marviand Avenue ;
Haaerstown, Marviand 21740 l
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Facility Name: Haaerstown Construction Services
l Inspection At: 1023 Marviand Ayenue
j Haaerstown, Marvland
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i Mountainview Reclamation Center
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Lettsbura Road
i Greencastle, Pennsvivania
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inspection Conducted: April 17 and 18,1997
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Inspector: ecw l M '/k'/h 7
Duncan White ' date
Senior Health Physicist
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Approved By: A kW/9 ~)
pny M. J/ha 1li , Chief __ ' dats
Nuclear Mate Safety Branch 3 i
Division of Nuclear Materials Safety
insoection Summarv: Special, unannounced safety inspection conducted on April 17
and 18,1997 (Inspection Report No. 150-00019/97-001)
Areas Insoected: Conduct of licensed activities in NRC jurisdiction, use of licensed
materials and transportation.
Results: Three apparent violations were identified: Failure to file NRC Form 241 prior
to performing licensed activities in NRC jurisdiction (Section 3); use of a radioactive l
materials package in an impaired condition (Section 5); and failure to mark a transport
package with the letters "RQ" (Section 5).
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DETAILS
1. Persons Contacted
Haaerstown Construction Services
- John Herbert, Sr. - President
- Terry Murray - Senior Inspector
Rob Rohrer - Gauge User
Jeff Ryder - Radiation Safety Officer (RSO)
(by telephone on April 18,1997)
RUST Environmental
Eric Bilsky - Engineer
Marvland Department of the Environment
Douglas McAbee - Health Physicist
- denotes individuals present at exit interview
2. Backoround
Hagerstown Construction Services is licensed by the State of Maryland's
Radiological Health Program to use cesium 137 and americium 241 sealed sources
in Troxler Model 3411-B series surface moisture and density gauges for the testing i
of construction materials at temporary job sites of the licensee. )
On April 11,1997, NRC Region I staff contacted the general manager of the
Mountainview Reclamation Center in Greencastle, Pennsylvania to determine the <
name of contractors performing work at the facility with portable nuclear density l
gauges. The general manager stated that RUST Environmental and Hagerstown l
Construction Services worked at the facility with portable gauges, but only
Hagerstown was currently doing work. Region I determined that RUST has an
NRC license (License No. 48-18608-02) which authorized the use of portable
r'uclear density gauges and that Hagerstown has a similar license with the State of
On April 14,1997, Region I staff was contacted by Hagerstown's senior inspector
who requested information on reciprocity and the filing of an NRC Form 241. I
Hagerstown's call was prompted by concerns expressed by Mountainview that l
Hagerstown had not filed for reciprocity with the NRC as required. Subsequently,
Hagerstown Construction halted work at Mountainview on April 14 and submitted
an NRC Form 241 requesting reciprocity at Mountainview and other potential l
temporary job sites in Pennsylvania and West Virginia. Region I approved :
Hagerstown's reciprocity request on April 15,1997 to work in NRC jurisdiction
under a general license in accordance with 10 CFR 150.20.
Inspection Report No. 150-00019/97-001 l
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- 3. Conduct of Licensed Activities in NRC Jurisdiction
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The inspector reviewed the general licensee's available gauge utilization log sheets
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at their Hagerstown f acility for 1996 and 1997. Each of the licensee's eight i
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portable gauges heve an utilization log sheet which the user indicates the date and
job number where the gauge is used. The job number is a number sequentially ,
assigned to a project by the company. The location of a particular job was
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- obtained from either a master list or the individual client file.
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Based upon the records reviewed by the inspector, the following locations in NRC
- jurisdiction were identified where licensed material was used prior to the approval
- of the general licensee's reciprocity request on April 15,1997.
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l 1. Mountainview Reclamation Center 31 days in 1997
i Greencastle, Pennsylvania
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4 2. Martin's Landing 1 day in 1997
Martinsburg, West Virginia 4 days in 1996 '
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3. V.A. Center Laundry Facility 6 days in 1996
] Martinsburg, West Virginia
4. Fort Detrick Building 1075 1 day in 1996
- Frederick, Maryland
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5. Whitetail Ski Resort 5 days in 1996
j Mercersburg, Pennsylvania
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[ 6. Wilson College 2 days in 1996
- Chambersburg, Pennsylvania
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10 CFR 30.3 requires that no person shall possess or use byproduct material
except as authorized by a specific or general license issued by the NRC.10 CFR
150.20(a) provides that any person who holds a specific license from an
Agreement State is granted an NRC general license to conduct the same activity in
non-Agreement S'ates subject to the provisions of 10 CFR 150.20(b). 10 CFR
150.20(b)(1) requires, in part, that any person engaging in activities in non-
Agreement States shall, at least 3 days before engaging in each such activity, file
4 copies of NRC Form 241 with the Regional Administrator of the appropriate NRC
regional office. l
Failure to file an NRC Form 241 at least 3 days prior to engaging in licensed
activities in a non-Agreement State in 1996 and 1997 is an apparent violation of
Inspection Report No. 150-00019/97-001
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! The inspector also determined that the general licensee had previously filed for ;
, reciprocity. The Vice President of Hagerstown Construction Servict,s filed for
! reciprocity with the Region I office on May 4,1993 to work at the Somerset
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Hospital in Somerset, Pennsylvania. Subsequent revisions to the initial aquest
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were submitted by the RSO on June 25 and August 13,1993. The general l
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licensee was approved for use of licensed materials in NRC jurisdiction for 39 days
in 1993. l
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During a telephone interview with the inspector, the RSO stated that for the past ,
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four years, he has been spending a significant amount of his time in the field,
i particularly at a site in Carroll County, Maryland. The RSO stated that he does not ,
schedule work and subsequently, does not known were the gauges are being used !
. on a daily basis. He further stated that he did not get involved with reciprocity
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and assumed that management was taking care of reciprocity requests to the i
d NRC. With regard to the company's reciprocity requests in 1993 in which the l
l RSO signed the June and August 1993 revisions, the RSO told the inspector he
probably was asked to sign the forms when he was in the office. The company
- president stated that he recalls filing for reciprocity in 1993 and admitted that he
- had forgotten to file the other times the company worked in NRC jurisdiction.
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4. Use of Licensed Materials l
The inspector observed the general licensee's use of a Troxler Model 3411-B
portable gauge at the Mountainview Reclamation Center in Greencastle,
Pennsylvania. The general licensee was using the gauge to make soil compaction
measurements for a new disposal cell at the landfill. Based on observations of the
inspector and discussions with the gauge user, the gauge is locked inside its
transportation case and kept in the back of the gauge user's pickup truck while
not in use. Both the gauge and the case had locks. The operator stated that he
remainc in the physical presence of the gauge when its used to take
measurements.
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The inspector noted that the operator was wearing personal dosimetry. The gauge !
user had copies of the emergency procedures, state license, sealed source
certificate and material safety sheet in his possession. The operator was involved )
in a vehicle accident last year while transporting a gauge, and consequently, was I
familiar with the company's emergency procedures. I
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No safety concerns were identified.
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Inspection Report No. 150-00019/97-001
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! 5. Transoortation
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The gauge used by the general licensee at the Mountainview facility was
a transported from their Hagerstown office in a Type A package manufactured by
Troxler to carry the Model 3411-B gauge. The inspector noted that one side of J
the case was cracked in several places and the corners were worn through.
49 CFR 173.475(b) requires that prior to each shipment of any Class 7 radioactive
materials package, the offerer must ensure by examination or appropriate test that ,
the package is in unimpaired physical condition except for superficial marks. '
Failure to ensure that a package used to transport radioactive materialis in
unimpaired physical condition is an apparent violation of 49 CFR 173.475(b).
The inspector noted that the transport package was labeled in accordance with 49
CFR 172.403 and 173.441. The inspector took radiation measurements of the
package with a Victoreen Model 410R survey meter (NRC Serial No. 036326) last l
calibrated on August 9,1996 and confirmed that the package was appropriately ;
labeled. The package was also appropriately marked with the information required
by the relevant sections of 49 CFR 172.301312. The Troxler Model 3411-B )
contains approximately 40 millicuries of americium 241 which requires that the l
package be marked with the letters "RQ". The general licensee's transport
package was not marked as required.
Failure to mark a transport container with the letters "RQ" when transporting a
reportable quantity of a hazardous materialis an apparent violation of 49 CFR l
172.324.
The inspector reviewed the shipping papers and determined that it contained the
information required in 49 CFR 172.200-204. The gauge user stated that the 'i
shipping papers are carried in the cab and are readily accessible during transport.
The inspector noted that the package was blocked and braced in the back of the
truck with ropes.
6. Exit Interview
The results of the inspection were discussed with the individuals identified in
Section 1 of the report at the conclusion of the inspection on April 17,1997. The
inspector also discussed the results of the inspection with the RSO during a
telephone conversation on April 18,1997.
Inspection Report No. 150-00019/97-001