ML23194A053
| ML23194A053 | |
| Person / Time | |
|---|---|
| Site: | 15000012 |
| Issue date: | 07/14/2023 |
| From: | Jason Draper NRC/RGN-III/DRSS/MIB |
| To: | Ahmad U NASHnal Soil Testing |
| Draper J | |
| References | |
| EN 56124, NMED 220426 IR 2022004 | |
| Download: ML23194A053 (15) | |
See also: IR 015000012/2022004
Text
July 13, 2023
NMED No. 220426
Umar Ahmad
Chairman/CEO/Radiation Safety Officer
NASHnal Soil Testing, LLC
23856 W. Andrew Road, Unit 103
Plainfield, IL 60585
SUBJECT: NRC REACTIVE INSPECTION REPORT NO. 15000012/2022004(DRSS) AND
NOTICE OF VIOLATION - NASHNAL SOIL TESTING, LLC
Dear Umar Ahmad:
This letter refers to the inspection conducted on September 29, 2022, at your Michigan City,
Indiana, job site, with continued in-office review through June 28, 2023. The purpose of the
inspection was to review the circumstances surrounding the theft of a portable moisture density
gauge from your temporary job site storage location in Michigan City, Indiana, sometime
between September 24, 2022, and September 26, 2022. This inspection also reviewed activities
performed under your general license to conduct licensed activities in non-agreement states
under 10 CFR 150.20(a)(1)(i) (reciprocity) using your State of Illinois License No. IL-02440-01.
The purpose of the in-office review was to review records that were not available at the time of
the on-site inspection. This letter presents the results of the inspection. Jason Draper of my staff
conducted a final exit meeting by telephone with you on June 28, 2023, to discuss the
inspection findings.
The event being reviewed was reported to the Headquarters Operations Center by the State of
Illinois on September 26, 2022 (Event Notification 56124). This notification was to inform the
NRC that you had reported to the State of Illinois the theft of one of your portable moisture
density gauges, a Troxler Model 3440 (Serial Number 29187) from a temporary job site storage
location in Michigan City, Indiana.
This inspection examined activities conducted under your license as they relate to public health
and safety, and to confirm compliance with the Commissions rules and regulations, and with
the conditions of your license. Within these areas, the inspection consisted of selected
examination of procedures and representative records, observations of activities, and interviews
with personnel.
Based on the results of this inspection, the NRC has determined that one Severity Level IV
violation of NRC requirements occurred concerning your failure to make a written report within
30 days after making a telephone report of the theft of licensed material, as required by
Title 10 of the Code of Federal Regulations (CFR) Part 20.2201(b)(1).
U. Ahmad 2
The violation was evaluated in accordance with the NRC Enforcement Policy. The current
Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-
nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Notice of
Violation (Notice) and the circumstances surrounding it are described in detail in the subject
narrative report. The violation is being cited in the enclosed Notice because the inspector
identified it.
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notice when preparing your response. If you have additional information that you
believe the NRC should consider, you may provide it in your response to the Notice. The NRC
will use your response, in part, to determine whether further enforcement action is necessary to
ensure compliance with regulatory requirements.
In accordance with the NRCs Rules of Practice in 10 CFR 2.390, a copy of this letter, its
enclosure, and any response you provide will be made available electronically for public
inspection in the NRCs Public Document Room or from the NRCs Agencywide Documents
Access and Management System (ADAMS), accessible from the NRCs website at
http://www.nrc.gov/reading-rm/adams.html. To the extent possible, any response should not
include any personal privacy, proprietary, or safeguards information so that it can be made
publicly available without redaction.
Please feel free to contact Jason Draper of my staff if you have any questions regarding this
inspection. Jason can be reached at 630-829-9839 or Jason.Draper@nrc.gov.
Sincerely,
Signed by Edwards, Rhex
on 07/13/23
Rhex Edwards, Chief
Materials Inspection Branch
Division of Radiological Safety and Security
Docket No. 150-00012
License No. IL-02440-01
Enclosures:
1. Notice of Violation
2. Inspection Report No. 15000012/2022004(DRSS)
cc w/encl: State of Indiana
State of Illinois
U. Ahmad 3
Letter to U. Ahmad from R. Edwards, dated July 13, 2023.
SUBJECT: NRC INSPECTION REPORT NO. 15000012/2022004(DRSS) - NASHNAL SOIL
TESTING, LLC
DISTRIBUTION w/encl:
MIB Inspectors
ADAMS Accession Number: ML23194A053
OFFICE RIII-DRSS RIII-DRSS
NAME JDraper REdwards
DATE 7/13/2023 7/13/2023
OFFICIAL RECORD COPY
NOTICE OF VIOLATION
NASHnal Soil Testing, LLC License No. IL-02440-01
Plainfield, IL Docket No. 150-00012
During a U.S. Nuclear Regulatory Commission (NRC) inspection conducted on
September 29, 2022, with continued in-office review through June 28, 2023, one violation of
NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation
is listed below:
A. Title 10 of the Code of Federal Regulations (10 CFR) Part 20.2201(b)(1) requires, in
part, that each licensee required to make a report under paragraph (a) of this section
shall, within 30 days after making the telephone report, make a written report setting
forth certain information described in 20.2201(b)(1)(i) through (b)(1)(vi).
Contrary to the above, on September 26, 2022, the licensee was required to make a
telephone report under paragraph (a)(1)(i) of this section for the theft of a portable
nuclear gauge and failed to make a written report within 30 days of the telephone report.
Specifically, after it became known to the licensee on September 26, 2022, that a Troxler
3400 portable nuclear gauge (SN 29187) containing 8 millicuries of cesium-137 and 40
millicuries of americium-241:beryllium had been stolen, the licensee made a phone
report to the State of Illinois on September 26, 2022, but did not make a written report to
the NRC within 30 days that contained the information required by paragraphs (b)(1)(i)
through (b)(1)(vi).
This is a Severity Level IV violation. (Enforcement Policy 6.9.d.2)
Pursuant to the provisions of 10 CFR 2.201, NASHnal Soil Testing, LLC is hereby required to
submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555-0001, with a copy to the Regional
Administrator, Region III, within 30 days of the date of the letter transmitting this Notice of
Violation (Notice). This reply should be clearly marked as a Reply to a Notice of Violation, IR
15000012/2022004(DRSS) and should include: (1) the reason for the violation, or, if contested,
the basis for disputing the violation or its severity level, (2) the corrective steps that have been
taken and the results achieved, (3) the corrective steps that will be taken, and (4) the date when
full compliance will be achieved. Your response may reference or include previously docketed
correspondence if the correspondence adequately addresses the required response. If an
adequate reply is not received within the time specified in this Notice, an order or a Demand for
Information may be issued as to why the general license should not be modified, suspended, or
revoked, or why such other action as may be proper should not be taken. Where good cause is
shown, consideration will be given to extending the response time.
Your response will be made available electronically for public inspection in the NRC Public
Document Room or from the NRC Agencywide Documents Access and Management System
(ADAMS), accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html.
Therefore, to the extent possible, the response should not include any personal privacy,
proprietary, or safeguards information so that it can be made available to the Public without
redaction.
Enclosure 1
If you contest this enforcement action, you should also provide a copy of your response, with
the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working
days of receipt.
Dated this 13 day of July 2023.
2
U.S. Nuclear Regulatory Commission
Region III
Docket No. 150-00012
License No. IL-02440-01
Report No. 15000012/2022004(DRSS)
NMED No. 220426
Licensee: NASHnal Soil Testing, LLC
Facility: 23856 W. Andrew Road, Unit 103
Plainfield, IL
Job Site: Northern Indiana Commuter Transportation District,
Michigan City, IN
Inspection Dates: September 29, 2022 - June 28, 2023
Exit Meeting Date: June 28, 2023
Inspector: Jason Draper, Health Physicist
Approved By: Rhex Edwards, Chief
Materials Inspection Branch
Division of Radiological Safety and Security
Enclosure 2
EXECUTIVE SUMMARY
NASHnal Soil Testing, LLC
NRC Inspection Report 15000012/2022004(DRSS)
This was a reactive inspection of a State of Illinois portable gauge licensee operating under
reciprocity in Michigan City, Indiana. The licensee was authorized to use and store portable
nuclear gauges containing cesium-137 (Cs-137) and americium-241:beryllium (Am-241:Be)
sources at a Northern Indiana Commuter Transportation District (NICTD) job site in northern
On September 26, 2022, the licensee reported to the State of Illinois, who then reported to the
NRC (EN 56124), that sometime between September 24, 2022, and September 26, 2022, a
Troxler 3440 portable moisture density gauge (SN 29187) containing 8 millicuries (mCi) Cs-137
and 40 mCi Am-241:Be was stolen from the job site storage location along with other non-
licensed equipment owned by the licensee and other contractors who stored equipment at that
location. The license had notified local law enforcement and a police report was filed.
On September 29, 2022, the inspector performed a reactive inspection at the temporary job site
storage location to assess the security measures the licensee had in place at the time of the
theft and to review other aspects of the licensees temporary job site use and storage under
reciprocity. Following the onsite reactive inspection, the inspector continued the inspection in-
office to review records that were not available at the temporary job site storage location,
including gauge use logs, training records, and dosimetry records.
During this in-office review, the inspector identified that the licensee did not make a written
report within 30 days of the telephone report as required by 10 CFR 20.2201(b)(1). On January
25, 2023, the inspector reminded the licensee about the requirement for a written report and
that specific information was required to be included in this report. On February 27, 2023, the
licensee submitted a report to the inspector; however, this report did not include the information
required by 10 CFR 20.2201(b)(1)(i) through (vi). Specifically, the report did not include
exposures of individuals to radiation, circumstances under which the exposure occurred, and
the possible total effective dose equivalent to persons in unrestricted areas (iv), actions that
have been take, or will be taken, to recover the material (v), or procedures or measure that have
been, or will be, adopted to ensure against a recurrence of the loss or theft of licensed material
(vi). The inspector responded to the licensee with a request for this information but did not
receive any additional response from the licensee.
As of the date of this report, the gauge had not been recovered.
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REPORT DETAILS
1 Program Overview and Inspection History
NASHnal Soil Testing, LLC, was authorized to use and store portable gauges at a
temporary job site in Michigan City, Indiana, under reciprocity using its State of Illinois
License No. IL-02440-01, in accordance with its report of proposed activities in non-
agreement states dated March 8, 2022. The licensee had worked under reciprocity in
NRC jurisdiction previously in 2020 and 2021 at a different job site in Indiana but had not
been previously inspected by the NRC.
2 Theft of Portable Gauge
2.1 Inspection Scope
On September 29, 2022, the inspector performed a reactive inspection to follow up on
the theft of a gauge reported in Event Notification (EN) 56124. The inspector toured the
job site storage location in Michigan City, Indiana, with the licensees Radiation Safety
Officer (RSO) and interviewed the RSO regarding the sequence of events, the measures
the licensee took to secure the gauge, the actions the licensee had taken and planned to
take to recover the gauge, and the actions the licensee had taken and planned to take to
prevent theft of gauges in the future. The inspector also reviewed the police report the
licensee filed with the Northern Indiana Commuter Transit District (NICTD) Transit Police
Department.
2.2 Observations and Findings
The inspector found that the licensee had one gauge stored at the temporary job site
storage location at the time of the theft and had appropriately secured the gauge inside a
Conex box using two padlocks which comprised two independent physical controls that
formed tangible barriers. This was apparent because the hasps that the padlocks were
attached to had been cut to defeat the locks and gain access to the gauge. Following the
theft, on September 29, 2022, the licensee transported a different gauge to the job site
and secured it inside a job box in the Conex box with two padlocks. The licensee also
considered installing one or more hidden shackle padlocks on the Conex box door to
attempt to better secure the gauge since the existing hasps had been damaged.
The inspector identified that although the licensee did not make the required telephone
notification to the NRC as required by 10 CFR 20.2201(a)(1)(i), the licensee did make
the report to the State of Illinois, who then reported it to the NRC in a timely manner.
On January 24, 2023, while the inspector was reviewing information related to the
reciprocity inspection, the inspector identified that the licensee had not made a written
report within 30 days as required by 10 CFR 20.2201(b)(1). The inspector contacted the
licensee via email reminding the licensee of the required written report, referencing the
regulation, and reminding them that there is certain information required to be included
in the report. The licensee was non-responsive to this email and the inspectors
February 2, 2023, follow-up email, so the inspector called the licensee on February 17,
2023, and discussed with the RSO the requirement for this written report. The RSO
committed to providing the report by February 21, 2023, but did not provide the report.
On February 24, 2023, the inspector emailed the licensee again asking for the status of
the report, and the licensee provided a written report to the inspector via email on
February 27, 2023 (ML23101A011).
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After the inspector reviewed the report submitted by the licensee, the inspector identified
that the report failed to include several of the pieces of information required by 10 CFR
20.2201(b)(1)(i) through (vi). Specifically, the written report only included information that
it was a Troxler 3440 portable gauge, that it was stolen, and that the licensee filed a
report with the NICTD transit police. While this information touched on the criteria in (i)
through (iii), it failed to address the information required by (iv) through (vi). Additionally,
the report was emailed to the inspector instead of sent to the Regional Administrator as
required by 10 CFR 20.2201(b)(2)(ii).
The inspector again emailed the licensee on April 25, 2023, informing the licensee of the
information that was missing and reminding the licensee of the proper method of
submitting the report to the NRC. The inspector did not receive any revised report or
response from the licensee.
2.3 Conclusions
The inspector identified one Severity Level IV violation of 10 CFR 20.2201(b)(1) for the
licensees failure to submit a written report within 30 days of the telephone report.
3 Reciprocity Temporary Job Site Inspection
3.1 Inspection Scope
On September 29, 2022, in addition to the reactive inspection, the inspector performed a
non-routine reciprocity inspection of the licensees activities at the Michigan City,
Indiana, temporary job site with in-office review through June 28, 2023. This inspection
included a tour of the licensees temporary job site storage location, interviews with the
RSO and a gauge user, and a review of records including gauge use logs, leak test
records, and training records.
3.2 Observations and Findings
During the inspection, the inspector found through interviews with licensee staff and
review of the licensees gauge use logs that two gauge users had used and stored two
different gauges at this temporary job site. Occasionally these gauges were stored
onsite between uses, but other times the gauges were transported by the gauge users to
their residences in Illinois between uses. The inspector found that the licensee stored
the gauges appropriately using two barriers. The inspector interviewed the RSO, who
demonstrated how the gauges were transported to and from the job site. The inspector
found that the licensees method of securing the gauges during transport met the
requirement for two barriers and blocking and bracing of the gauges and that the
licensee maintained the appropriate shipping papers.
The inspector interviewed licensee staff and reviewed dosimetry records and identified
that gauge users wore dosimetry when using the gauges, though the inspector did
identify that one of the gauge users had used the RSOs assigned dosimeter because
the gauge user had not received his yet and the RSO had not performed any gauge
work during the wear period. The inspector identified that the dosimetry reading was less
than the minimum detectable dose, so there was no need to correct any dose record for
the employees. The inspector discussed with the licensee the importance of only
wearing dosimetry assigned to the individual.
4
The inspector also determined that all gauges used at the job site had been leak tested
within the required period and that gauge users that used gauges in NRC jurisdiction
had received gauge user training and hazmat training as required.
3.3 Conclusions
No violations of NRC requirements were identified with respect to the licensees use of
portable gauges under reciprocity at the Michigan City, Indiana, temporary job site.
4 Exit Meeting Summary
The NRC inspector presented preliminary inspection findings following the onsite
inspection on June 28, 2023. The licensee did not identify any documents or processes
reviewed by the inspector as proprietary. The licensee acknowledged the findings
presented.
LIST OF PERSONNEL CONTACTED
- Umar Ahmad, Chairman/CEO and RSO
Jeyanthi Logoraj, Office Manager
Gabriel Jeronimo, Gauge Technician
- Attended exit meeting on June 28, 2023.
INSPECTION PROCEDURES USED
IP 87139 - Portable Nuclear Gauge Programs
IP 87103 - Inspection of Materials Licensees Involved in an Incident or Bankruptcy Filing
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