ML22320A534

a & M Engineering and Environmental Services, Inc. - NRC Inspection Report 15000035/2022001

ML22320A534
Person / Time
Site:	15000035
Issue date:	11/17/2022
From:	Mary Muessle NRC Region 4
To:	Joel Jenkins A & M Engineering & Environmental Services
References
EA-22-092 IR 2022001
Download: ML22320A534 (9)

See also: IR 015000035/2022001

Text

November 17, 2022

EA-22-092

Jeffrey L. Jenkins

Corporate Safety and Health Officer

A & M Engineering and Environmental Services, Inc.

10010 East 16th Street

Tulsa, OK 74128

SUBJECT: A & M ENGINEERING AND ENVIRONMENTAL SERVICES, INC - NRC

INSPECTION REPORT 150-00035/2022-001

Dear Jeffrey Jenkins:

This letter refers to the in-office review conducted from June 7 through September 16, 2022.

The purpose of the review was to evaluate your request for U.S. Nuclear Regulatory

Commission (NRC) approval to perform licensed activities in a Non-Agreement State for

calendar year 2022. The enclosed report presents the results of this review. The preliminary

results of the review were discussed with your staff at the conclusion of the in-office review. A

final exit briefing was conducted telephonically with you, Jeff S. Wormser, Director of Civil and

Remediation Services, and Emelia Brooks-Sisco, Senior Project Manager on November 10,

2022.

Based on the results of this review, one apparent violation was identified and is being

considered for escalated enforcement action 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 apparent violation involved the failure to

obtain NRC approval to work in a Non-Agreement State prior to conducting licensed activities in

Missouri, as required by Title 10 of the Code of Federal Regulations (10 CFR) 150.20. The

circumstances surrounding this apparent violation, the significance of the issues, and the need

for lasting and effective corrective action were discussed with you at the inspection exit meeting

on November 10, 2022.

In addition, since you identified the violation and your facility has not been the subject of

escalated enforcement actions within the last two inspections, and based on our understanding

of your corrective action, a civil penalty may not be warranted in accordance with Section 2.3.4

of the Enforcement Policy. The final decision will be based on you confirming on the license

docket that the corrective actions previously described to the NRC staff have been or are being

taken.

Before the NRC makes its enforcement decision, we are providing you an opportunity to

(1) respond in writing to the apparent violation addressed in this inspection report within 30 days

of the date of this letter, or (2) request a predecisional enforcement conference (PEC). If a PEC

is held, it will be open for public observation and the NRC may issue a press release to

J. Jenkins 2

announce the time and date of the conference. Please contact Neil OKeefe at 817-200-1156

within 10 days of the date of this letter to notify the NRC of your intended response to either

provide a written response or participate in a PEC. 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 An

Apparent Violation in NRC Inspection Report 150-00035/2022-001; EA-22-092 and should

include for the apparent violation: (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; and (4) the date when full

compliance will be (or has been) achieved. Your response may reference or include previously

docketed correspondence if the correspondence adequately addresses the required response.

Additionally, your written response, should you choose to provide one, should be sent to the

U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington,

DC 20555-0001, with identical copies mailed to Mary Muessle, Director, Radiological Safety and

Security, Region IV, 1600 East Lamar Boulevard, Arlington, TX 76011, and emailed to

R4Enforcement@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 or schedule a PEC.

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 presenting your corrective action, you should be

aware that the promptness and comprehensiveness of your actions will be considered in

assessing any civil penalty for the apparent violations. The guidance in NRC Information Notice 96-28, Suggested Guidance Relating to Development and Implementation of Corrective

Action, may be helpful in preparing your response, Agencywide Documents Access and

Management System (ADAMS) Accession No. ML061240509.

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 10 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 or in

the NRCs ADAMS, accessible from the NRCs website at http://www.nrc.gov/reading-

rm/adams.html. To the extent possible, your response should not include any personal privacy

or proprietary information so that it can be made available to the public without redaction.

J. Jenkins 3

If you have any questions concerning this matter, please contact Neil OKeefe of my staff

at 817-200-1156.

Sincerely,

Signed by Muessle, Mary

on 11/17/22

Mary C. Muessle, Director

Division of Radiological Safety and Security

Docket No. 150-00035

License No. General License

pursuant to 10 CFR 150.20

Enclosure:

NRC Inspection Report 150-00035/2022-001

cc w/Enclosure:

Michael Broderick

Environmental Program Manager II

Oklahoma Environmental Agency

ML22320A534

SUNSI Review: ADAMS: Non-Publicly Available Non-Sensitive Keyword:

By: CCA Yes No Publicly Available Sensitive NRC-002

OFFICE HP:MLB C:MLB TL:ACES RC:ORA D:DRSS

NAME CAlldredge NOKeefe JGroom DCylkowski MMuessle

SIGNATURE /RA/ E /RA/ E /RA/ E /RA/ E /RA/

DATE 10/25/22 10/27/22 10/21/22 10/26/22 11/17/2022

U.S. NUCLEAR REGULATORY COMMISSION

REGION IV

Docket No.: 150-00035

License No.: General License pursuant to 10 CFR 150.20

Inspection Report No.: 150-00035/2022-001

EA No: EA-22-092

Licensee: A & M Engineering and Environmental Services, Inc.

Location Inspected: In-Office Review

In-Office Review Dates: June 7 through September 16, 2022

Exit Meeting Date: November 10, 2022

License Reviewer: Casey Alldredge, Health Physicist

Latischa Hanson, Health Physicist

Materials Licensing Branch

Division of Radiological Safety and Security, Region IV

Approved By: Neil OKeefe, Chief

Materials Licensing Branch

Division of Radiological Safety & Security, Region IV

Attachment: Supplemental Inspection Information

Enclosure

EXECUTIVE SUMMARY

A & M Engineering and Environmental Services, Inc.

NRC Inspection Report 150-00035/2022-001

On June 7, 2022, the U.S. Nuclear Regulatory Commission (NRC) Region IV office received

from A & M Engineering and Environmental Services, Inc (A & M or licensee) an initial NRC

Form 241 dated May 18, 2022, and the application fee for proposed activities in NRC jurisdiction

under the authority of the general license pursuant to Title 10 of the Code of Federal

Regulations (10 CFR) 150.20. The NRC reviewed the purposed request from June 7, 2022

through September 16, 2022. This report details the findings of this review.

Program Overview

A & M is authorized under State of Oklahoma License OK-27445-01 to possess and use

byproduct material, including cesium-137 and americium-241, for use in portable gauging

devices for measuring physical properties of materials. (Section 1)

Inspection Findings

As a result of this in-office review, one apparent violation was identified concerning the

failure to request prior NRC approval for reciprocity for performing licensed activities in the

Non-Agreement State of Missouri for calendar year 2022 in accordance with

10 CFR 150.20(b)(1). (Section 3)

Corrective Actions

Upon identification by the licensee that they needed to apply for reciprocity, A & M submitted an

initial NRC Form 241 dated May 18, 2022, the application fee, and a copy of the agreement

state license. Long term corrective actions include the addition of information regarding

reciprocity to annual training required for applicable A & M staff. (Section 4)

2

REPORT DETAILS

1 Program Overview (Inspection Procedure 87121)

1.1 Program Scope

A & M is authorized under State of Oklahoma License OK-27445-01 to possess and use

byproduct material, including cesium-137 and americium-241, for use in portable

gauging devices for measuring physical properties of materials. The licensee was

working in the State of Missouri and applied for a reciprocal agreement authorized by a

general license pursuant to 10 CFR 150.20 to perform licensed activities at temporary

job sites in a Non-Agreement State.

1.2 Inspection Scope

The purpose of this in-office review was to evaluate the request submitted by A & M to

perform activities in a Non-Agreement State in calendar year 2022.

2 Background

On May 18, 2022, A & M filed an NRC Form 241 describing an initial notification of

planned work activities in Missouri, a Non-Agreement State. Upon reviewing the

information submitted by the licensee, the Region IV license reviewer determined that

A & M worked in Missouri on multiple dates prior to submitting an initial NRC Form 241

application, a copy of the agreement state license, and the appropriate fee for the work

to be performed in calendar year 2022. After further discussion with the licensee, the

license reviewer was informed that licensed material had arrived in a Non-Agreement

State and was stored there beginning on January 31, 2022.

3 Observations and Findings

During this review, one apparent violation of NRC requirements was identified as

follows:

Title 10 CFR 150.20(a)(1) requires, in part, that any person who holds a specific license

from an Agreement State is granted a general NRC license to conduct the same activity

in Non-Agreement States subject to the provisions of 10 CFR 150.20(b).

Title 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 activity for the first

time in a calendar year, 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, from January 31, 2022, through May 18, 2022, A & M, a

licensee of the State of Oklahoma, engaged in activities in a Non-Agreement State

without filing 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 NRC Regional Office at least 3

days before engaging in each activity for the first time in a calendar year. Specifically,

3

A & M performed work with a portable gauge in two locations in Missouri, a

Non-Agreement State, and began storing material in the same Non-Agreement State on

January 31, 2022, but did not submit an NRC Form 241, a copy of its Agreement State

radioactive materials license, and the appropriate fee until May 18, 2022. Since the

material was stored in a Non-Agreement State beginning on January 31, 2022, the

licensee was required to provide this information to the NRC by January 28, 2022.

(150-00035/2022-001-01)

4 Corrective Actions

Upon identification by licensee personnel that they were required to apply for reciprocity,

A & M submitted an initial NRC Form 241 dated May 18, 2022, and the application fee,

and a copy of the agreement state license. Long-term corrective actions include the

addition of information regarding reciprocity requirements to annual training required for

applicable A & M staff.

5 Exit Meeting Summary

On November 10, 2022, the NRC held an exit meeting summary with you, Jeff S.

Wormser, Director of Civil and Remediation Services, and Emelia Brooks-Sisco, Senior

Project Manager. The licensee acknowledged the inspection findings and did not dispute

any of the details presented during the call.

4

Supplemental Inspection Information

PARTIAL LIST OF PERSONS CONTACTED

Jeffrey Jenkins, Radiation Safety Officer

ITEMS OPENED, CLOSED, AND DISCUSSED

Opened

150-00035/2022-001-01 AV Failure to file for reciprocity (10 CFR 150.20(b)(1))

Closed

None.

Discussed

None.

LIST OF ACRONYMS USED

10 CFR Title 10 of the Code of Federal Regulations

ADAMS Agencywide Documents Access and Management System

AV Apparent Violation

A&M A & M Engineering and Environmental Services, Inc.

NRC U.S. Nuclear Regulatory Commission

PEC Predecisional Enforcement Conference

Attachment