ML20205H615
| ML20205H615 | |
| Person / Time | |
|---|---|
| Site: | 07000687 |
| Issue date: | 03/26/1987 |
| From: | Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Mcgovern J CINTICHEM, INC. |
| References | |
| EA-87-030, NUDOCS 8704010114 | |
| Download: ML20205H615 (3) | |
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, a MAR 2 01987 Docket No.70-687 License No. SNM-639 EA 87-30 Cintichem, Inc.
ATTN: Mr. James J. McGovern Plant Manager P.O. Box 324 Tuxedo, New York 10987 Gentlemen:
Subject:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC Inspection No. 87-01)
This refers to the Nuclear Regulatory Commission (NRC) inspections of activities authorized by NRC License No. SNM-639 conducted at your facility on December 15 through 19, 1986, and January 14 and 15,1987. During the inspections, violations of NRC requirements were identified, and the details involving these violations wee documented in the inspection report sent to you on February 4,1987. One of the violations occurred during the third calendar quarter of 1985 and involved an accumulated radiation exposure of 21.453 rem to the left hand of a maintenance worker who was handling equipment contaminated with radioactive material. This exposure, which is in excess of the NRC regulatory limit of 18.75, was not reported to the NRC as required. Accordingly, on February 13, 1987, an enforcement conference was held in the Region I Office with you and members of your staff during which these violations, their causes, and your corrective actions were discussed.
The majority of the accumulated exposure was received by the worker on July 2 and September 10, 1985 while he performed maintenance on mechanical manipu-lator hands after they had been removed from the hot cells for repair. The manipulator hands, which are used during the separation of byproduct material from uranium, were contaminated with a mixture of uranium and fission products.
Although a 13.946 rem exposure was received by this individual on July 2 which comprised approximately 75 percent of the regulatory limit and which was signi-ficantly higher than the 1-2 rem exposure normally encountered during this activity, this individual was nonetheless allowed to perform subsequent mainte-nance on manipulator hands without (1) an adequate evaluation having first been performed to determine the cause of this abnormally high exposure and (2) esta-blishment and implementation of appropriate corrective measures to prevent recurrence. As a result, during the performance of maintenance on a manipulator hand on September 10, the individual received a 5.824 rem exposure which resulted in the accumulated overexposure.
CERTIFIED MAIL RETURN RECEIP_T_ REQUESTED
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dCIAL RECORD COPY CP CINTICHEM - 0001.0.0 i\
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Cintichem, Inc. 2 Notwithstanding this accumulated exposure during the third calendar quarter, the worker again performed repairs of a manipulator hand on November 15, 1985 and received an exposure of 15.641 rem. Allowing this maintenance worker to perform additional work on the manipulator hands after July 2,1985, without having first identified and corrected the cause of the unusually high exposure, demonstrates a lack of attention to and control of the radiation safety program at your facility. This lack of attention and control is further evidenced by the other violations identified during the inspection, including the failure to provide these workers adequate instruction regarding (1) occupational exposure limits, (2) performance of surveys, and (3) use of survey results. These deficiencies demonstrate the need for enhanced management involvement in the radiation safety program to assure adherence to NRC requirements and the safe performance of licensed activities.
To emphasize this need for enhanced management involvement, I have been authorized, after consultation with the Director, Office of Inspection and Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Twelve Thousand Five Hundred Dollars ($12,500) for the violations set forth in the Notice. The violations are classified in the aggregate as a Severity Level III problem in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986)
(Enforcement Policy). Although Violation A could individually be classified at Severity Level III, the violations have been classified in the aggregate to focus on the underlying deficiencies. The escalation and mitigation factors in the Enforcement Policy were considered and no adjustment has been deemed appropriate because (1) you did not report the overexposure to the NRC, (2) the corrective actions were neither prompt nor comprehensive (in fact, many of the actions were not taken until after NRC issuance of a Confirmatory Action Letter on January 20, 1987), and (3) three other violations in the area of radiological controls were identified during previous inspections in 1986.
You are required to respond to the enclosed Notice and you should follow the instructions specified in the Notice in preparing your response. In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC's Public Document Room.
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l OFFICIAL RECORD COPY CP CINTICHEM - 0002.0.0 03/23/87 l l
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l Cintichem, Inc. 3
! The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required
, by the Paperwork Reduction Act of 1980, PL 96-5I1.
Sincerely, OrigInni tigne~d tiy Theca. r. Maricy.
Thomas E. Murley Regional Administrator 4
Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty cc w/ enc 1:
Public Document Room (PDR)
Nuclear Safety Information Center (NSIC)
State of New York bec w/ encl:
Region I Docket Room (w/ concurrences)
! SECY Congressional Affairs
. J. Taylor, IE B. Beach, IE T. Murley, RI O. Holody, RI J. Lieberman, 0GC
! J. Zerbe, DED/ROGR I Enforcement Directors, RII-III
- Enforcement Officers, RIV-V 1 F. Ingram, PA J. Crooks, AE00 B. Hayes, 0I l S. Connelly, OIA 1 E. Flack, IE i~
V. Miller, NMSS D. Nussbaumer, OSP IE/ES File IE/EA File EDO Rdg Fil RI:ES gf %9* h RI:DRS 0.on RI:DRSS RI DRSS RI:RC RA I:RA DCS Holody/gcb Shanbaky Bellamy M rtin is z A an )Hurle 2/h87 2/I/87 2/I/87 2/t&/87 2/'36 87 2/),h87 2/} 87 l IE:ES RA:R V OGC ES:DD IE:D i EFlack TMurley JLieberman ABeach JTaylor 3/ /87 J/ /87 3/ /87 3/ /87 3/ /87 /
P M F CI M - 0003.0.0 1
03/23/87 i ga I f h Te 3/JWy l
i NOTICE OF VIOLATIO'N AND PROPOSED IMPOSITION OF CIVIL PENALTY Cintichem, Inc. Docket No.70-687 Tuxedo, New York 10987 License No. SNM-639 4 EA 87-30 t
l During Nuclear Regulatory Commission (NRC) inspections conducted on December 15 through 19, 1986, and January 14 and 15, 1987, violations of NRC requirements I were identified. In accordance with the " General Statement of Policy and J Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1984, as amended (Act), 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205. The particular violations and the associated civil penalty are set forth below.
A. 10 CFR 20.101(a) limits the total occupational radiation exposure to the hands of an individual in a restricted area to 18.75 rem per calendar quarter.
Contrary to the above, during the third calendar quarter of 1985, a maintenance worker received a cumulative exposure to the left hand of 1 21.453 rem while performing repairs on mechanical manipulator hands in the Radiopharmaceutical Laboratory, a restricted area.
B. 10 CFR 20.405(a) requires that each licensee shall notify the NRC in writing within 30 days of an exposure of an individual to radiation in
- excess of the applicable limits set forth in 10 CFR 20.101.
l Contrary to the above, during the third calendar quarter of 1985, a
- maintenance worker performing repairs on mechanical manipulator hands in the Radiopharmaceutical Laboratory, a restricted area, received a cumula-l tive exposure to the left hand of 21.453 rem, an amount in excess of the limit set forth in 20.101, and the NRC was not notified of the exposure.
C. 10 CFR 20.202(a)(1) requires that each licensee shall supply and require the use of appropriate monitoring equipment by each individual who enters i
a restricted area under such circumstances that he receives, or is likely to receive, a dose in any calendar quarter in excess of 25 percent of the applicable value specified in 20.101(a).
Contrary to the above, on several occasions during 1985 and 1986, an
! individual entered the Radiopharmaceutical Laboratory, a restricted area, i where he was likely to receive a radiation exposure to the hands in :
j excess of 25 percent of the limits set forth in 20.101(a) during the '
performance of maintenance on highly contaminated manipulator hands,
. OFFICIAL RECORD COPY CP CINTICHEM - 0005.1.0 h h / h-/.2,C _. p g 03/23/87 i'
Notice of Violation 2 and the individual was not required to use appropriate personnel monitoring equipment (TLD rings) on the hands to measure the radiation received from this activity.
D. 10 CFR 20.201(b) requires that each licensee make such surveys as may be necessary to comply with the regulations in Part 20 and are reasonable to evaluate the extent of radiation hazards that may be present. 10 CFR 20.201(a) defines " survey" as an evaluation of the radiation hazards incident to the production, use, release, disposal, and presence of radioactive materials.
Contrary to the above, adequate surveys or evaluations to assure compliance with the regulations were not performed to evaluate the radiological hazards associated with and the radiation exposure received from operations invol-ving the repair of manipulator hands. Specifically, although the ring badge of a maintenance worker performing repairs of manipulator hands on July 2, September 10, and November 15, 1985 indicated radiation exposures of 13.9 rem, 5.8 rem, and 15.6 rem, respectively, to the hands, amounts significantly in excess of amounts normally received, a subsequent timely, in-depth survey was not performed to evaluate the work practices associated with this activity and its associated radiation hazards. Furthermore, a timely evaluation was not performed to determine the actual dose to the worker's hand or to identify the cause of the increase in exposure, in order to prevent subsequent overexposures and to assure compliance with the limits of 10 CFR 20.101.
E. 10 CFR 20.401(b) requires each licensee to maintain records showing the results of surveys required by 10 CFR 20.201(b).
Contrary to the above, records were not maintained of surveys of manipu-lator hands removed from the hot cells during the third and fourth calen-dar quarters of 1985.
F. 10 CFR 19.12 requires in part that all individuals working in or frequenting any portion of a restricted area shall be instructed in precautions and procedures to minimize exposure, in the purposes and function of protective devices employed, and in the applicable provisions of Commission regulations and licenses for the protection of personnel.
Contrary to the above, during the third and fourth calendar quarters of 1985, two individuals performed repair activities of radioactively con-taminated manipulator hands in the Radiopharmaceutical Laboratory, a restricted area, without having been adequately instructed in (1) procedures for performing surveys of radioactive material, as well as instruments and technique to be used; and (2) appropriate criteria and actions to be taken in response to the results of survey measurements; and (3) NRC extremity dose limits in Part 20.
OFFICIAL RECORD COPY CP CINTICHEM - 0005.3.0 03/23/87
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! Notice of Violation 3 G. 10 CFR 20.202(b)(3) defines a "High radiation area" as any area accessible l to personnel in which there exists radiation originating in whole or in l' part within licensed material at such levels that a major portion of the body could receive in any one hour a dose in excess of 100 millirem.
- 10 CFR 20,203(c)(1) requires that each high radiation area shall be i conspicuously posted with a sign or signs bearing the radiation caution symbol and the words " Caution (or Danger) - High Radiation' Area."
Contrary to the above, I 1. On December 16, 1986, a high-radiation area existed in the yard area outside the Waste Storage Building in which a B-25 shipping container filled with radioactive waste was located, and the " Caution - High Radiation Area" sign was posted inside the 100 mR/hr boundary and thus was not serving as a warning to anyone approaching the boundary.
- 2. On January 15, 1987, a high radiation area existed inside the hot cell conveyor station within Building 2, and neither the upper hatch nor lower door access to the conveyor station were posted with a
! " Caution - High Radiation Area" sign. Radiation levels in the general area of the conveyor station were as high as 900 mR/hr.
j H. 10 CFR 20.203(c)(2)(iii) requires that each entrance or access point to a high-radiation area shall be maintained locked except during periods when access to the area is required, with positive control over each indi-vidual entry.
Contrary to the above, on January 15, 1987, a high radiation area existed inside the hot cell conveyor station within Building 2, and neither the upper hatch nor lower door access to the hot cell conveyor station was locked or guarded.
I Collectively, these violations have been classified as a Severity Level III problem (Supplements IV and VI)
Cumulative Civil Penalty - $12,500 - assessed equally among the violations.
Pursuant to the provisions of 10 CFR 2.201, Cintichem, Inc. is hereby required j~ to submit to the Director, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission Region I, 631 Park Avenue, 3
King of Prussia, Pennsylvania 19406, within 30 days of the date of this Notice, l a written statement or explanation in reply, including for each alleged violation:
(1) admission or dental of the alleged violation, (2) the reasons for the vio-
, lation if admitted, (3) the corrective steps that have been taken and the l results achieved, (4) tne corrective steps that will be taken to avoid future j violations, and (5) the date when full compliance will be achieved. If an l
J OFFICIAL RECORD COPY CP CINTICHEM - 0006.0.0 03/23/87 i .
1 Notice of Violation 4 I l
adequate reply is not received within the time specified in this Notice, the Director, Office of Inspection and Enforcement, may issue an order to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, Cintichem, Inc. may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money order payable to the Treasurer of the United States in the cumulative amount of Twelve Thousand Five Hundred Dollars ($12,500) or may protest impost-tion of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Inspection and Enforcement. Should Cintichem, Inc. fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalty in the amount proposed above. Should Cintichem, Inc. elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may: (1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1986) should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of Cintichem, Inc. is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due, which has been subsequently deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.
FOR THE NUCLEAR REGULATORY COMMISSION OrTgTnni BIgno3 by Thomas E.1.!urley Thomas E. Murley Regional Administrator Dated at King of Prussia, Pennsylvania, this day of March 1987 0FFICIAL RECORD COPY CP CINTICHEM - 0007.0.0 03/23/87
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