ML23291A285
| ML23291A285 | |
| Person / Time | |
|---|---|
| Site: | 99990010 |
| Issue date: | 11/13/2023 |
| From: | Paul Krohn Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Black T Apex Companies |
| References | |
| EA-2023-094, EN 56591 IR 2023001 | |
| Download: ML23291A285 (10) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD, SUITE 102 KING OF PRUSSIA, PA 19406-1415 November 13, 2023 EA-2023-094 EN 56591 Travis Black, Division Manager Apex Companies LLC 2101 Gaither Road Suite #500 Rockville, MD 20850
SUBJECT:
APEX COMPANIES LLC - NRC INSPECTION REPORT 99990010/2023001
Dear Travis Black,
This letter refers to the reactive inspection conducted on July 5, 2023, at your Rockville, Maryland facility following the event notification you submitted on June 26, 2023, detailing the theft of your lead base paint analyzer. The inspection consisted of an examination of activities performed within the jurisdiction of the U.S. Nuclear Regulatory Commission (NRC), as they related to NRC-licensed byproduct material. Within this area, the inspection consisted of a selected examination of representative records and interviews with personnel. The preliminary inspection findings were discussed with you following the conclusion of the initial technical review on July 5, 2023. A final exit briefing was conducted telephonically with you and other Apex Companies LLCs representatives on October 16, 2023. The enclosed report presents the results of the inspection.
Based on the results of the inspection, one apparent violation was identified and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy, which can be found at the NRCs website at http://www.nrc.gov/aboutnrc/regulatory/-
enforcement/enforce-pol.html. The apparent violation, as described in the enclosed report, involves Apexs failure to file for reciprocity prior to performing licensed activities in NRC jurisdiction. Specifically, between December 21, 2022, and June 26, 2023, Apex performed licensed activities on 12 separate occasions in Washington, DC, an area within NRC jurisdiction, without having filed an initial application for reciprocity with the NRC for calendar years 2022 and 2023.
The circumstances surrounding this apparent violation, the significance of the issue, and the need for lasting and effective corrective action were discussed with you during the initial identification of the issue, at the conclusion of the subsequent extent of condition review, and at the inspection exit meeting on October 16, 2023. In a letter dated August 8, 2023, (ML23311A365) Apex committed to shipping the gauge back to the manufacturer (Thermo Fisher) for proper disposal, if the gauge is recovered. Apex also committed to not renewing their current Maryland License and no longer using radioactive materials in NRC jurisdiction.
T. Black 2
Since the NRC has not made a final determination in this matter, a Notice of Violation is not being issued for the apparent violation at this time.
Before the NRC makes its enforcement decision, we are providing you an opportunity to (1) respond to the apparent violation addressed in this inspection report in writing within 30 days of the date of this letter, or (2) request a Pre-decisional Enforcement Conference (PEC). If a PEC is held, it will be open for public observation and the NRC will issue a press release to announce the time and date of the conference.
If you decide to participate in a PEC, please contact Christopher Cahill at (610) 337-5108 or via email at Christopher.Cahill@nrc.gov within 10 days of the date of this letter. A PEC should be held within 30 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to Apparent Violation in NRC Inspection Report (99990010/2023001); EA-2023-094, and should include: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance was or will be achieved. Your response may reference or include previously docketed correspondence if the correspondence adequately addresses your response.
Additionally, your response should be sent to U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555-0001, with a copy mailed to Paul G. Krohn, Director, Division of Radiological Safety & Security, U.S. Nuclear Regulatory Commission Region I, 475 Allendale Road, Suite 102, King of Prussia, PA, 19406, and emailed to R1Enforcement@nrc.gov within 30 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision.
In lieu of providing this written response, you may choose to provide your perspective on this matter, including the significance, cause, and corrective actions, as well as any other information that you believe the NRC should take into consideration by requesting a PEC to meet with the NRC. If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision. The decision to hold a PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. This conference would be conducted to obtain information to assist the NRC in making an enforcement decision. The topics discussed during the conference may include information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned.
In addition, please be advised that the number and characterization of apparent violations described in the enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.
In accordance with Title 10 of the Code of Federal Regulations (CFR) 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Document Access and Management System (ADAMS), accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not
T. Black 3
include any personal privacy or proprietary information so that it can be made available to the public without redaction.
If you have any questions regarding this matter, please contact Christopher Cahill of my staff at (610) 337-5108 or via electronic mail at Christopher.Cahill@nrc.gov.
Thank you for your cooperation.
Sincerely, Paul G. Krohn, Director Division of Radiological Safety and Security Region I Docket No. 999-90010 License No. MD-31-358-01
Enclosure:
NRC Inspection Report 999-90010/2023001 cc w/
Enclosure:
Daniel Admasu, Senior Project Manager Ray Guevara, Radiation Safety Officer State of Maryland Paul G. Krohn Digitally signed by Paul G.
Krohn Date: 2023.11.13 20:16:29 -05'00'
T. Black 4
SUBJECT:
APEX COMPANIES LLC - NRC INSPECTION REPORT 99990010/2023001 NOVEMBER 13, 2023 Distribution:
OEMAIL D Pelton, OE S Lewman, OE RIDSOEMAILCENTER J Peralta, OE N Hasan, OE P Snyder, OE K Williams, NMSS RIDSNMSSOD RESOURCE M Burgess, NMSS Enforcement Coordinators RII, RIII, RIV (M Kowal; D Betancourt-Roldan; J. Groom)
H Harrington, OPA RIDSOPAMAILCENTER R Feitel, OIG RIDSOIGMAILCENTER D DAbate, OCFO RIDSOCFOMAILCENTER P Krohn, DRSS, RI R1DRSSMAILRESOURCE J Quichocho, DRSS, RI J Zimmerman, DRSS, RI C Cahill, DRSS, RI M Wutkowski, RI D Screnci, PAO-RI N Sheehan, PAO-RI F Gaskins, SAO-RI M Ford, SAO-RI B Klukan, ORA, RI J Nick, ORA, RI R1Enforcement.Resource https://usnrc.sharepoint.com/teams/Region-I-CIRDA/Inspection Documentation/Inspection Documentation -
Draft/RMD-31-358-01.2023001 2023-10-16.docx ADAMS ACCESSION NUMBER: ML23291A285 OFFICAL RECORD COPY SUNSI Review:
Non-Publicly Available Non-Sensitive Keyword:
By: MJW Yes No Publicly Available Sensitive OFFICE RI:DRSS RI:DRSS RI:ORA OE NMSS RI:DRSS NAME MWutkowski CCahill CCrisden PSnyder MBurgress PKrohn DATE 10/17/2023 10/17/2023 10/20/2023 10/31/2023 10/27/2023 11/13/2023
Enclosure U.S. NUCLEAR REGULATORY COMMISSION REGION I Docket:
999-90010 License:
MD-31-358-01 Report:
2023-001 EA No.:
EA-2023-094 Licensee:
Apex Companies LLC Locations Inspected: 2101 Gaither Road Suite #500 Rockville, MD 20850 Inspection Dates:
July 5, 2023, through October 16, 2023 Inspector:
_________________________________/for/_____
Michael Wutkowski, Health Physicist Commercial, Industrial, R&D and Academic Branch Division of Radiological Safety and Security Approved By:
Christopher G. Cahill, Chief Commercial, Industrial, R&D and Academic Branch Division of Radiological Safety and Security
Attachment:
Supplemental Inspection Information Michael C.
Reichard Digitally signed by Michael C. Reichard Date: 2023.11.13 10:22:35 -05'00' Christopher G. Cahill Digitally signed by Christopher G. Cahill Date: 2023.11.13 10:50:42 -05'00'
2 EXECUTIVE
SUMMARY
Apex Companies LLC NRC Inspection Report 999-90010/2023-001 Program Overview Apex Companies, LLC was an environmental consulting firm company that operated in the State of Maryland. The company utilized an X-ray Fluorescence (XRF) Lead Paint Analyzer for measuring lead in situ under a State of Maryland License. Apex never applied for and received approval to perform the same licensed activities within NRC jurisdiction under the NRCs reciprocity program and the provisions in Title 10 of the Code of Federal Regulations Part 150.20 Recognition of Agreement State Licenses. (Section 1 of this report)
Inspection Findings One apparent violation was identified through a non-routine, unplanned, and reactive inspection of the activities performed by Apex and its performance of these activities within NRC jurisdiction. This review was initiated when Apex reported an event of their XRF device being stolen in NRC jurisdiction after prior use of the device in NRC jurisdiction.
Specifically, on December 21, 2022, and through June 26, 2023, Apex performed licensed activities within NRC jurisdiction without having filed an initial application for reciprocity with the NRC for calendar years 2022 and 2023. In total, 12 instances were identified where Apex performed licensed activities on days that were not submitted to or approved by the NRC via an initial or amended NRC Form 241 or equivalent. (Section 2 of this report)
Corrective Actions Following initial identification, Apex Companies LLC determined that it would commit to shipping the gauge back to the manufacturer (Thermo Fisher) and having the gauge properly disposed if the gauge is recovered. Apex also committed to not renewing their current Maryland License and no longer using radioactive materials in NRC jurisdiction. This is confirmed through the letter dated August 8, 2023, and the phone conversation dated October 16, 2023, therefore, preventing the apparent violations from occurring in the future. (Section 3 of this report)
3 REPORT DETAILS
- 1.
Program Overview 1.1 Scope Apex Companies, LLC was an environmental consulting firm company that operated in the State of Maryland. The company utilized an X-ray Fluorescence (XRF) Lead Paint Analyzer for measuring lead in situ under a State of Maryland License. Apex never applied for and received approval to perform the same licensed activities within NRC jurisdiction under the NRCs reciprocity program and the provisions in Title 10 of the Code of Federal Regulations Part 150.20 Recognition of Agreement State Licenses.
Apex was never approved for reciprocity and did not have a history of performing licensed activity in NRC jurisdictions.
- 2.
Observations and Findings 2.1.
Inspection Scope The inspection was an examination of activities conducted within the jurisdiction of the NRC, as they related to NRC-licensed byproduct material. Within this area, the inspection consisted of a selected examination of representative records and interviews with personnel.
2.2.
Observations and Findings On June 26, 2023, the Apexs Radiation Safety Officer (RSO) reported an event to the Maryland Department of Environment (NMED Item Number 230272). The RSO stated Apex was working at Howard University in Washington DC when a Niton XLp 300 was stolen from a companys vehicle. Apex performed lead paint analyses within Howard University Graduate School and the WHUT Howard University Television station.
Additional work was to be performed at the Howard University CB, Powell building but was not completed. The licensee explained that between 8am - 10:45am on June 26, 2023, their vehicle was broken into, and the vehicles windows of the passenger seat and the trunk were shattered. The licensee reported that personal items and the XRF device were stolen and have not been recovered as of this reports date.
The inspector conducted a reactive inspection on July 5, 2023. A review of records related to the event revealed that the licensee conducted work within NRC jurisdiction on multiple occasions without filing reciprocity. The records indicated that between December 2022, and June 2023, Apex analyzed lead paint using the XRF on 12 separate occasions in Washington, DC, NRC jurisdiction. The inspector interviewed Apex staff regarding reciprocity and work activities and confirmed that no reciprocity filings were filed.
Interviews with the authorized user (AU) confirmed that the AU and the RSO (also an AU) interchangeably operated the XRF for projects in and out of NRC jurisdiction. The operations in and out of NRC jurisdiction were also confirmed by conversations with the Project Manager.
4 2.3.
Apparent Violation One apparent violation of NRC requirements was identified. The apparent violation involved the failure to file an initial reciprocity application with the NRC prior to the performance of licensed activities within NRC jurisdiction for the first time in calendar years 2022, and 2023 or, alternatively, to possess a specific license with the NRC authorizing the same activity. The apparent violation (999-90010/2023-001/01) is described below:
10 CFR 30.3 requires, in part, that except for persons exempt as provided in this part and Part 150 of this chapter, no person shall manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct material except as authorized in a specific or general license issued pursuant to the regulations in 10 CFR 30.
10 CFR 150.20(a) states, in part, 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 States 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 a submittal containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States, a copy of its Agreement State specific license, and the appropriate fee, with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, between December 21, 2022, to June 26, 2023, Apex Companies, LLC., which is authorized for possession and use of radioactive material under a Maryland Agreement State license, used byproduct material within NRC jurisdiction, on numerous occasions without a specific license issued by the NRC and without submitting Form 241 and the required fee for calendar years 2022-2023 with the Regional Administrator of the appropriate NRC regional office.
2.4.
Conclusions The NRC inspection identified one apparent violation, concerning the filing and request for approval of reciprocity with NRC Form 241. The apparent violation concerned the performance of licensed activities without having filed an initial NRC Form 241.
- 3.
Corrective Actions During the NRCs review of the extent of the violations Apex determined that they would no longer pursue the use of XRF devices with Radioactive Material. The Project Managers response dated August 8, 2023, and subsequent telephone conversation dated October 16, 2023, confirmed this intent. Should the XRF device be recovered Apex has already reached out to the supplier ThermoFisher for disposal requirements.
Furthermore, Apex also confirmed that they are no longer pursuing a license renewal for the State of Maryland and will no longer be operating with any radioactive material in the future. Apex also confirmed that through these means they will no longer use any radioactive material in NRC jurisdiction. Thereby, through these means Apex is eliminating the possibility of re-occurrence of the apparent violation described above in Section 2.3.
5
- 4.
Exit Meeting Summary On October 16, 2023, a final telephonic exit briefing was conducted with the RSO, Division Manager, and Project Manager present. The conversation was a review of the findings presented in this report. Licensee representatives acknowledged the findings and reiterated their commitments to the corrective actions stated in this report. The licensee detailed further adherence to the corrective actions by confirming that an XRF device that does not require the use of radioactive materials has been purchased. The licensee has also informed the inspector that communication has been made with the State of Maryland to terminate their radioactive materials license. No new information regarding the recovery of the device was available at the time of this report.
Attachment SUPPLEMENTAL INSPECTION INFORMATION LIST OF PERSONS CONTACTED Licensee Travis Black, Division Manager Daniel Admasu, Project Manager Ray Guevara, Radiation Safety Officer INSPECTION PROCEDURES USED 87139 - Portable Nuclear Gauge Programs ITEMS OPENED, CLOSED, AND DISCUSSED Opened 999-90010/2023-001 AV Failure to either apply for and receive an NRC specific license (10 CFR 30.3) or apply for and receive initial approval for reciprocity (10 CFR 150.20(b))
Closed None Discussed None LIST OF ACRONYMS ADAMS Agencywide Documents Access and Management System APEX Apex Companies LLC AU Authorized User AV Apparent Violation CFR Code of Federal Regulations NRC Nuclear Regulatory Commission PEC Pre-decisional Enforcement Conference XRF X-Ray Fluorescence