ML20248B084
| ML20248B084 | |
| Person / Time | |
|---|---|
| Issue date: | 08/25/1983 |
| From: | Nussbaumer D NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Bradley F NEW YORK, STATE OF |
| Shared Package | |
| ML20248B055 | List: |
| References | |
| NUDOCS 8908090117 | |
| Download: ML20248B084 (6) | |
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dD jQ 1 fer, }V Francis J. Bradley, Ph.D.
Princtpal Radiophysicist Radiological Health Unit New York State Department of Labor 2 World Trade Center flew Ycrk,;;ew York 10047 i
Dear Dr. Cradley:
We have received and reviewed a preliminary copy of the report of Texas' investigation of tha shipment of Americiun-141 and assuciated equipment by EAD to Texas. The information in the report raises a j nuraber of questions relating to EAD's activitics in New York , their l status in Texas, and their plans for shipping the raaterial to Mexico.
As Joel Lubenau discussed with jou, we believe it will be beneficial to have a necting of representatives cf the Mcw York and Texas radiatian i centrol programs and hRC staff, including a representative of our '
International Prograras office to exchange infometion en this Datter. I h*ve enclosed a list of issues which we believe should be acdcrssed at the meeting (Enclosure 1). Since export of licensed catorial is regulettd by the NRC, our Of fice of International Prcgrarns pins to ensure that the itexican government is infomed of the regulatcry safett probleras that have been found with this shipment and therefore also pla9 to attend the nceting.
l 'se have scheduled the meeting for 9:30 a.m., September 13, 19L3 in Conference Roora 5035, Ai: Rights Building Ill, Bethesda, ild. Directicns are encicsed (Enclosure 2). ~We will be pleased tc pay your travc1 ud per diem costs. Please contact cur contractor, Dinansions Travel (301-986-8949) to make your flight reservations. For travel infcmetivi.
other than flight reservations please centact Ms. Carolyn Cuggans (Telephene 301-492-9870).
Sir.cerely, Donald A. MussbauN r l Assistant Directer for State Agreenents Progran Office of Statc Programs l Eaclosures:
l As stated cc: J. Dur;kleberger, hY St: e Encrgy Office, w/cncl.
R. tiiff, TX,../crcl.
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l RR* 8RP mps l
FDC
e Issues Raised by the Texas pepert on EAD (Ref. Meyer, Tx report dtd 7/22:83) o Was the decon and decomm procedure (attach. R) submitted to and approved by NYDL7
- IAm is 1x10-10 uCi/ml.
o The occupational MPCair for insoluble Assuming a resuspension f actor of 10-6 cif removable surf ace 2 could lead to airborne contam N tion in excess of 22,000 dpm/100cm 2 6
Levels up to 5x10 dpm/100.m radioactivity greater than the MPC.
This raises Questions about the adequacy cf were found by Texas.
EAD's pr: gram for controlling and evaluating exposures to airborne radioactivity, e.g.
- In the decon and decor:n procedure, full f ace respiratory protection must be worn for handling the plating both and the waste water system. Did NYDL approve a respiratory protection program for EAD?
- In the decon and decomm procedure, a continuous air monitoring system was to be maintained during deconning, consisting of 4 alpha air monitors and 6 breathing rente samples. Results were to be recorded in the " Air Monitoring Log." Has NYDL inspected these records?
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involved in the
- What biossays were performed of perscrrel (The decon and decomm procedure references decon and decomm?
records of urine samples and lung counts). !
o According to the decon and decomm procedure, all. radioactive materials were packaged in accordance with 00T 49 CFR, yet the inspections and surveys by Texas and 00T disclosed numerous violations, including improper packaging, improper labelling and Had NYDL reviewed and approveo any EAD excessive contamination.
pretedures for packaging and transporting radioactive naterials?
o iAD's decon and decomm procedure called for decontamination to specific limits. The R50's surveys of the equipment shipped to 2 Texas show removable contamination to be less than 100 dpm/100cm 6 2 Texas' surveys showed levels up to 5x10 dpm/100cm and numerous instances where .;rveys of the same item differed by two, three anc in addition, in one case, four orders of magnitude (Enclosure),
"0" but a Texas inspector the gamma radiation level was reported as What four.d 2-3 mR/hr (natural gas generator, see attachments C&S).
steps has NYDL taken to ascertain the causes of these j
discrepancies? l l
o Decon and decomm records, according to the procedure are to te stored at a location in Buff alo, NY. Has NYDL examined these records?
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0 EAD's license also authorized the possession of Cm, Pu and Gd.
If so, how werr they Were any of these materials possessed by EAD? l disposed of?
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What was EAD's compliance history? (Dates of inspections, findings, adequacy of responses, repeats, orders?)
o Attachment 5 (Haygood's 6/28/83 letter) reports that Bradley
" at EAD f informed Texas thtt the RSO was told by " upper management not ta olacard the trailers. This suggests that NYDL has infome -ion indicative of a willful violation of DOT requirements f
(which are referenced in Code 38 (38.39)] and thus opening a l possibility for a criminal penalty. What action was NYDL taken on i this matter?
o Code 38.29, " Vacating Premises" requires licensees to decon to Table 5 levels; supply copies of the final survey to NYDL and to the landlord, owner or successor occupant; and cannot vacate, sell or transfer the premises until the survey has been verified and accepted by NYDL. What is the status of EAD's compliance with 38.29? i j
- o. What is the condition of the drain lines from the plant? Have they l been surveyed for radioactivity? I o
Has NYDL inspected and surveyed the vacated EAD oremises? If so, aN t were the'results?
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aers soti samples taken arc surveys c+ tre ene rcr", mede l '. *re .
faciltty?
o Is there a possibility that excess equipmerit from EAD has been recycled into the private sector? Is it possible that " midnight requisitions" have been made? Has NYDL examined these possibilities?
o Has NYDL coordinated with NYDEC (which has issued a permit to EAD) and with NYDH (which investigated a complaint of unlawful burial at EAD)?
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Comparison of EAD and Texas Survey Results 1
Tx Survey Result , '
EAD Survey Result 2 Removable dpm 100/cm'
.m EAD Decon Requirement Removable dom /100cm 1060; 2460; 5390 76;24
- ve Boxes Decon externally below spec limit * ,
4280 !
18 ears Decon to lowest l possible level 2890; 6210; Syste" Decon internally and I6;21 63,700; 96,100; te Water 377;000; 384,000; externally below spec limit 5,280,000 f
7790; 80,800 Decon externally TT
.aum eaner below specific limits, i
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Spec limits" are not specifically defined in the procedure 33 av9 but rage reference a-: is ma' WOL Code 38 Tab {e 5 which provides limits for rgmovable alpha:
ax, mum dpm/100cm DOT limits are 2200 dem/100cm' or 22,000 dpm/100 cm if -
mipment is exclwsive use vehicle.- 20 dem/100 cm' (" Guidelines
" December, 19751 for Decontam
- elease 'cr Unrestricted Use or Termination Licenses. .
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% I July 13, 1989 The Honorable John J. LaFalce Room 1304 Federal Building 111 West Huron Street Buffalo, New York 14202
Dear Congressman LaFalce:
This is in response to your letter dated June 22, 1989, regarding the i
EAD Metallurgical Inc. facility located in Tonawanda, New York. I would like to note that New York is an Agreement State having entered into an agreement in 1964 with the Nuclear Regulatory Commission (NRC) pursuar.t I to the Atomic Energy Act of 1954, as amended. Under the agreement the State has the authority to regulate certain radioactive materials within its State boundary. Therefore, the State of New York has the regulatory jurisdiction over the EAD Metallurgical Inc. facility. The New York State licensing contact person is:
Dr. F. J. Bradley Principal Radiophysicist Radiological Health Unit Division of Safety & Health State Department of Labor Ore Main Street, Room 813 Brooklyn, New York 11201 (718) 797 7641 Enclosed are the reports and correspondence that the NRC has issued relating to the EAD Metallurgical Inc. license termination and subsequent facility decontamination. That information is a result of periodic review of actions taken by New York and their technical assistance requests to us. An index of the enclosures is also provided. We hope this information will be of assistance to your constituent; however, if you have further questions, please do not
, hesitate to contact ne.
Sincerely,[
W Dennis K. Rathbun, Director Congressional Affairs !
q90 y o Q f[Tib Office of Governmental and Public Affairs f
Enclosures:
As stated Enclosu es: Distribution:
As sta ed 5A RF NYD0L File DIR RF SLITP.401 DMackenzie f
^See previous concurrence.
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NAME :DMackenzie :VMillerj annerqr{ .: Sc wartz :HR ton :JCBradburne :
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DATE :7/7/89* :7//O/89
- 7/ /d/ 89 ' :7/IO/89 :7/ O /89 0FFICIAL RECORD COPY
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