IR 07100202/2030001: Difference between revisions

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{{Adams
{{Adams
| number = ML23278A136
| number = ML24172A032
| issue date = 11/08/2023
| issue date = 06/28/2024
| title = Panther Creek Mining, LLC - NRC Inspection Report No. 03033571/2023001
| title = U.S. Customs and Border Protection - NRC Inspection 03012771/2023001 and Notice of Violation
| author name = Krohn P
| author name = Ford M
| author affiliation = NRC/RGN-I/DRSS
| author affiliation = NRC/RGN-I/DRSS
| addressee name = Brown E
| addressee name = Bright A
| addressee affiliation = Panther Creek Mining, LLC
| addressee affiliation = US Dept of Homeland Security, Office of Human Resources Management
| docket = 03033571
| docket = 03012771
| license number = 47-25301-01
| license number = 08-17447-01
| contact person =  
| contact person =  
| case reference number = EA-23-095
| document report number = IR 2023001
| document report number = IR 2023001
| document type = Inspection Report, Letter
| document type = Letter, Notice of Violation
| page count = 1
| page count = 1
}}
}}
Line 19: Line 18:


=Text=
=Text=
{{#Wiki_filter:November 8, 2023
{{#Wiki_filter:June 28, 2024


==SUBJECT:==
==SUBJECT:==
PANTHER CREEK MINING, LLC - NRC INSPECTION REPORT 03033571/2023001
U.S. CUSTOM S AND BORDER PROTECTION - NRC INSPECTION NO. 030-12771/2023-001 AND NOTICE OF VIOLATI ON


==Dear D. Edward Brown:==
==Dear Andr ea Br ight:==
On June 28, 2023, with continued in-office review through October 6, 2023, Shawn Seeley of this office conducted a routine inspection of licensed activities of Panther Creek Mining, LLC (PCM). The inspection was an examination of your licensed activities as they relate to radiation safety and to compliance with the Commissions rules and regulations and the conditions in your license. The inspection consisted of observations by the inspector, interviews with personnel, and a selective examination of representative records. The enclosed report presents the results of this inspection. The inspector discussed the preliminary inspection findings with Neil Kennedy, proposed Radiation Safety Officer (RSO), at the conclusion of the on-site portion of the inspection. A final exit briefing was conducted (telephonically) with Neil Kennedy, Kelly Short, and Ron Charles on October 6, 2023.
This letter r efers to t he ins pection conducted by Michael Reichard on February 14 t hrough 17, 2023, in Rouses Point, N Y, Champlain, NY, Al burgh Springs, VT, Highgate Springs, VT, Derbie Line, VT, and Norton, VT ; and Apr il 10 through 14, 2023, in Baton Rouge, LA, New Orleans, LA,
Gramercy, LA, and Gulfport, LA. In-offi ce review continued thr ough June 7, 2024. This inspection examined activities conducted under y our license as t hey relate t o public health and safety, and to c onfirm c ompliance with the Commis sions rules and regulations and wit h the conditions of your license. Within these areas, th e inspection consisted of selected exam ination of p rocedures and r epresentative r ecords, observations of activities, and interviews with personnel. The r esults of the inspect ion were disc ussed during an online meeting on June 25, 2024, wit h Mickey McKeighan, CBP OSH Director; St even Tilden, CBP OSH Deputy Director; Garth Spendiff, CBP OSH Associate Director; Mark Wolfmeyer, CBP OSH Saf ety Services Branch Chief; Jas on Hart, CBP OSH Acting RSO; and Shawn Cerda, CBP OSH Health Physicist.


Based on the results of this inspection, five Apparent Violations (AVs) were identified, one of which is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The AV being considered for escalated enforcement action is related to a failure to maintain a qualified RSO on your NRC license. The AVs not being considered for escalated enforcement action involve failures to: retain records of the radiation protection program, including physical inventories; conduct required leak tests; and perform six-month shutter checks.
Based on t he results of this inspection, the NRC has determined t hat a Severity Lev el IV violation of NRC requirements occu rred. The violation was evaluated in accordance wit h the NRC Enforcement Policy. The curr ent Enforcement Policy is included on the NRCs Web site a t https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Not ice of Violation (Notice) because the violat ion was identified by the NRC.


Since the NRC has not made a final determination in this matter, a Notice of Violation is not being issued at this time. Please be advised that the number and characterization of the AVs described in the enclosed inspection report may change as a result of further review. You will be advised by separate correspondence of the results of our deliberations on this matter.
The violation identified that so me loca tions in New Youk and Verm ont were not inspec ted annually as required by the letter received December 14, 2017, listed as a commitment in Condition 28.G. of the license. Du ring the inspect ion, the RSO de termined that some inspections were not c onducted due t o Covid emer gency c onstraints and staffi ng turnover. As of April 11, 2023, CBP c ompleted inspections of the missed sites in New York and Vermont.


Before the NRC makes its enforcement decision regarding the AVs, we request that you provide additional information about your corrective actions. Specifically, the NRC notes that PCM restored compliance after approving a new RSO by submitting an amendment request on August 29, 2023 (ML23251A150), to name the RSO on the license. The amendment was approved and sent to the PCM on October 18, 2023. However, the NRC requires information about the corrective actions PCM has taken and planned to prevent reoccurrence of this violation in the future, should the named RSO vacate or leave the position. In addition, please provide for each of the AVs: (1) the reason for the AVs, or if contested, the basis for disputing the AVs; (2) the corrective steps that have been taken and the results achieved; and (3) the corrective steps that will be taken. You should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violation. The guidance in the enclosed excerpt from NRC Information Notice 96-28, Suggested Guidance Relating to Development and Implementation of Corrective Action, may be helpful.
However, CBPs c orrective actions, requir ed to b e descr ibed in the r esponse to t he Not ice of Violation, should address your own review of a ll of t he radioactive material permi t holder locations to det ermine if other radioactive m aterial permit holder locations require an inspect ion to b ring them in to full compliance.


The written response should be sent to the NRC within 30 days of the date of this letter. Your response may reference or include previous docketed correspondence if the correspondence adequately addresses the required response. You should clearly mark the response as a Response to Apparent Violations in NRC Inspection Report No.
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 A. Bright 2


03033571/2023001; EA-23-095, and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy mailed to Paul G. Krohn, Director, DRSS, Region I, 475 Allendale Road, Suite 102, King of Prussia, PA 19406-1415, within 30 days of the date of this letter. If an adequate written response is not received within the time specified and an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a pre-decisional enforcement conference (PEC).
believe the NRC should consider, you may provide it in your response to the Notice. The NRC


In lieu of providing this written response, you may request a PEC to meet the NRC and provide your views in person.
review of your response to the Notice will also determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.


If you choose to request a PEC, the meeting should be held, within 30 days of the date of this letter. The conference will include an opportunity for you 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 topics discussed during the PEC 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. The PEC would be open for public observation, and the NRC would issue a press release to announce the conference time and date.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.


Please contact Chris Cahill at 610-337-5108 within 10 days of the date of this letter to notify the NRC which of the above options you choose. If you do not contact the NRC within the time specified, and an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision.
If you have any questions regarding this matter, please contact me at (610) 337-5214 or via electronic mail to Monica.Ford@nrc.gov.


In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosures, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. If you have any questions concerning this matter, please contact Shawn Seeley of my staff at 610-337-5102.
Thank you for your cooperation.


Sincerely, Digitally signed by Paul G.
Sincerely, MONICA Digitally signed by MONICA FORD FORD Date: 2024.06.28 08:02:52 -04'00'


Krohn Paul G. Krohn Date: 2023.11.08 14:21:06 -05'00'
Monica Ford, Chief Commercial, Industrial, R&D and Academic Branch Division of Radiological Safety and Security Region I
Paul G. Krohn, Director Division of Radiological Safety and Security Docket No. 03033571 License No. 47-25301-01


===Enclosures:===
Docket No. 030-12771 License No. 08-17447-01
Inspection Report 03033571/2023001 NRC Information Notice 96-28


REGION I==
Enclosure:
INSPECTION REPORT Inspection No. 03033571/2023001 EA No. EA-23-095 Docket No. 03033571 License No. 47-25301-01 Licensee:  Panther Creek Mining, LLC Location:  Eskdale, WV Inspection Dates: June 28, 2023, with continued in-office review until October 6, 2023 Inspection Exit Date(s): June 28, 2023, onsite debrief October 6, 2023, final exit Digitally signed by Shawn Shawn W. W. Seeley Seeley Date: 2023.11.07 16:52:21 -05'00'
Notice of Violation
Inspector:  _______________________  ______________
Shawn Seeley  date Health Physicist Division of Radiological Safety and Security Christopher Digitally signed by Christopher G. Cahill Approved By:
G. Cahill Date: 2023.11.08
_______________________
11:10:21 -05'00'
______________
Chris Cahill, Chief  date Commercial, Industrial, R&D, and Academic Branch Division of Radiological Safety and Security Enclosure


EXECUTIVE SUMMARY Panther Creek Mining, LLC NRC Inspection Report No. 03033571/2023001 A routine, unannounced inspection was performed of the Panther Creek Mining, LLC (PCM)
cc w/ enclosure Mickey McKeighan, Director, HRM Occupational Safety and Health Steven Tilden, CBP OSH Deputy Director Garth Spendiff, CBP OSH Associate Director Mark Wolfmeyer, CBP OSH Safety Services Branch Chief Shawn Cerda, Radiation Safety Officer Jason Hart, CBP OSH Acting RSO District of Columbia A. Bright 3
radioactive materials program. The license authorizes possession and use of fixed gauging devices used for continuous level indication for controlling industrial processes. The inspection was conducted with regard to NRC radioactive materials License Number 47-25301-01 and in accordance with NRC inspection procedure 87124, Fixed and Portable Gauge Programs.


The inspection was conducted on June 28, 2023, with continued in-office review until October 6, 2023. The inspection focused on the performance of the licensees program through interviews with licensee workers, independent measurements of radiation conditions at the licensees facilities, and review of selected records. An onsite debrief meeting was held on June 28, 2023, with a final exit meeting on [[Exit meeting date::October 6, 2023]].
SUBJECT: U.S. CUSTOMS AND BORDER PROTECTION - NRC INSPECTION NO.
During the inspection, five apparent violations of NRC requirements were identified. The apparent violations involved 1) failure to maintain a qualified Radiation Safety Officer (RSO) on the NRC license, 2) failure to conduct and maintain records of physical inventories, 3) failure to conduct and maintain records of the proper operation of the on-off mechanisms (shutters),
4) failure to perform and maintain records of leak test; and 5) failure to perform an annual review of the radiation program content and implementation. The first of the previously listed apparent violations is being considered for escalated enforcement action in accordance with the NRCs Enforcement Policy. The licensee took immediate corrective actions by completing the annual audit, conducting the required semi-annual leak tests, shutter checks and inventory, and submitting an amendment to change the radiation safety officer.


REPORT DETAILS 1. Organization and Scope of the Program a. Inspection Scope The inspector reviewed the organization and scope of the licensees radioactive materials program. Information was gathered through direct observations, reviews of records, and interviews with licensee staff.
030-12771/2023-001 AND NOTICE OF VIOLATION DATED JUNE 28, 2024


b. Observations and Findings Panther Creek Mining (PCM) is a fixed gauge licensee possessing two coal analyzers, four fixed measuring gauges and a portable gauge. The companys NRC license (issued in March 2016) authorizes the use of: Americium-241 and Cesium-137 radioactive sealed sources in a portable gauge to perform moisture content and density measurements; and Cesium-137 and Californium-252 in fixed gaugesfor elemental analysis and controlling industrial processes.
DISTRIBUTION:
R1Enforcement


The inspector determined that the portable gauge has not been used since the previous inspection.
DOCUMENT NAME: [https://usnrc.sharepoint.com/teams/Region-I-CIRDA/Inspection Documentation/Issued Inspection Documentation/L08-17447-01.2023-001.docx ADAMS ACCESSION NO. ML24172A032 x SUNSI Review x Non-Sensitive Sensitive x Publicly Available Non-Publicly Available


2. Review of Licensed Activities a. Inspection Scope The inspector performed an unannounced routine inspection utilizing NRC Inspection Procedure 87124, Fixed and Portable Gauge Programs to conduct the inspection.
OFFICE RI:DRSS RI:DRSS NAME EUllrich MFord DATE 06/26/2024 06/28/2024 OFFICIAL RECORD COPY NOTICE OF VIOLATION


Information was gathered through interviews with cognizant personnel, direct observation of licensed activities, review of records, tours of the facilities, and through the performance of independent radiation surveys.
Customs and Border Protection Docket No. 030-12771 Washington, DC License No. 08-17447-01


b. Direct Observations/Interviews The inspector reviewed the use of the gauges and the environmental conditions in which the gauges were being used. The inspector interviewed the RSO to ascertain his level of knowledge of the gauges and radiation safety protocols.
During an NRC inspection conducted February 14, 2023, through June 7, 2023, one violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:


Independent Radiation Measurements The inspector performed independent radiation surveys at the facility using a Ludlum Model 2401-P. The radiological surveys were taken of the accessible areas around the gauges while they were in use and all results were within applicable regulatory limits and licensee postings.
Condition 28 of NRC License No. 08-17447-01 requires, in part, that the licensee shall conduct its program in accordance with statements, representations, and procedures contained in the letter received December 14, 2017 (ML17362A185).


Program Oversight On June 28, 2023, the NRC arrived at the licensees facility and requested to meet with the individual listed on the NRC license as the RSO in order to conduct a routine inspection.
The letter received December 14, 2017, included CBP Directive No. 5290-01, Section 6.8 Inspections which requires in part, that the licensee conduct a comprehensive regulatory compliance inspection for all large-scale NII systems and radioactive material permit holders at least annually.


The individual at the gate informed the NRC that the RSO was no longer employed at PCM and to contact another individual who had taken over the duties as RSO. During the inspection, it was determined that PCM had been without an RSO for the NRC license
Contrary to the above, during the period of 2020-2023, the licensee did not conduct its program in accordance with the procedure contained in the letter dated December 14, 2017. Specifically, the licensee did not conduct regulatory compliance inspections for all radioactive material permit holders at least annually. During inspections at New York and Vermont locations, many of the inspection reports were not readily available, and only some of the missing inspection reports were able to be provided by the Radiation Safety Officer, who explained that lapses occurred during that time due to COVID emergency constraints and staffing turnover. Although regulatory compliance inspections have been completed for those New York and Vermont locations since the NRC site inspections in 2023, it is not known yet if the required regulatory compliance inspections were performed annually for all radioactive permit holders at all sites where radioactive materials permit holders are located.


since January 2020. The licensee thought that an amendment request was submitted to add a new RSO. A search of ADAMS revealed that the licensee did in fact submit a letter, dated April 26, 2022, but had sent the letter to the General License program at HQ rather than the NRC RI office.
This is a Severity Level IV violation (Enforcement Policy Section 6.3.


The new RSO stated that the individual named as the RSO on the PCM license retired in January 2020. He was asked to become RSO in April 2022, but left the company shortly thereafter. He was rehired in November 2022 when requested by the plant manager. The inspector explained that the NRC requires licensees to continuously maintain the services of a qualified RSO who has been approved by the NRC and listed on the NRC license. Not having an RSO is an apparent violation of License Condition 13 of NRC License Number 47-25301-01.
Pursuant to the provisions of 10 CFR 2.201, U.S. Customs and Border Protection is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region I, 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 and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the 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 will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response.


The inspector reviewed annual audits, authorized user training, leak test, shutter tests, and available physical inventory records. The inspector determined that an annual audit had not been conducted nor had leak tests, shutter checks, and inventories been conducted at the required intervals since the previous inspection in June 2018. Therefore, there were only a few records retrievable for review.
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 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.


c. Conclusions During this inspection, five apparent violation of NRC requirements were identified. One apparent violation is being considered for escalated enforcement action in accordance with the NRCs Enforcement Policy. The apparent violation being considered for escalated enforcement is as follows:
Enclosure If you contest this enforcement action, you should also provide a copy o f your r esponse to t he Director, Office of En forcement, Unit ed St ates Nuclear Regulat ory Comm ission, Washington, DC 20555-0001. Under the authority o f Section 182 of the Ac t, 42 U. S.C. 2232, any r esponse which contests an enf orcement action shall be submitted under oath o r a ffirmation.
1. License Condition 13 of NRC License No. 47-25301-01, dated March 14, 2016, authorizes a specific individual to fulfill the duties and responsibilities of the Radiation Safety Officer (RSO) for the license.


Contrary to the above, from January 2020 to April 26, 2022, the individual authorized in Condition 13 of the license did not fulfill the duties and responsibilities of RSO for the license.
Your r esponse will be placed in the NRC Public Document Room (P DR) and on the NRC Web site. To t he extent possible, it should, therefore, n ot include any per sonal privacy, proprietary, or safeguards inf ormation so t hat it can be made publicly available without r edaction. Howeve r, if you find it necessary t o i nclude such information, you s hould clearly indicate the specific information that you desire no t to be placed in the PDR and provide the legal basis to support your request for wit hholding the information from the public.


Specifically, the RSO named on the license left the employment of the licensee in January 2020, and Panther Creek Mining did not submit an amendment request to name a new RSO until April 26, 2022.
In ac cordance wit h 10 C FR 19.11, you m ay be r equired to post this Notice wit hin two wor king days of receipt.


2. 10 CFR 20.1101(c) states, in part, that the licensee shall periodically (at least annually)
Dated This 28 day of June 2024
review the radiation protection program content and implementation.


Contrary to the above, since 2018, the licensee had not periodically (at least annually)
2
reviewed the radiation protection program content and implementation.
 
3. License Condition 14.A. of NRC License No. 47-25301-01, Amendment 14, dated March 4, 2016, requires that sealed sources shall be tested for leakage and/or contamination at intervals not to exceed six months or at the intervals specified in the certificate of registration issued by the U.S. Nuclear Regulatory Commission under 10 CFR 32.210 or under equivalent regulations of an Agreement State.
 
Contrary to the above, since 2018, the licensee did not test its sealed sources for leakage and/or contamination at intervals not to exceed six months or at the intervals specified in the certificate of registration issued by the U.S. Nuclear Regulatory Commission under 10 CFR 32.210 or under equivalent regulations of an Agreement State.
 
4. License Condition 16 of License No. NRC License No. 47-25301-01, Amendment 14, dated March 4, 2016, requires the licensee shall conduct a physical inventory every six months, or at other intervals approved by the U.S. Nuclear Regulatory Commission, to account for all sources and/or devices received and possessed under the license.
 
Contrary to the above, since 2020, the licensee did not conduct physical inventories every six months, or at other intervals approved by the U.S. Nuclear Regulatory Commission, to account for all sources and/or devices received and possessed under the license.
 
5. License Condition Number 17.A. of NRC License No. 47-25301-01, Amendment 14, dated March 4, 2016, requires, in part, that each fixed gauge shall test the operation of the on-off mechanism (shutter) at intervals not to exceed six months or at such longer intervals specified in the certificate of registration issued by the U.S. Nuclear Regulatory Commission under 10 CFR 32.210 or under equivalent regulations of an Agreement State.
 
Contrary to the above, the licensee had not conducted their shutter checks at intervals not to exceed six months or at such longer intervals as specified in the certificate of registration issued by the U.S. Nuclear Regulatory Commission under 10 CFR 32.210 or under equivalent regulations of an Agreement State. Specifically, the devices were checked January 2019, January 2020, August 2020, May 2022 and were overdue on the date of the inspection. A time frame greater than six months with no longer period of time approved.
 
This is a Severity Level III problem. (Enforcement Policy Section 6.3)
Corrective actions taken by the licensee to restore compliance included:
1. Conducting the annual audit immediately following the inspection; 2. Conducting the semi-annual inventory, leak test, and shutter checks on July 10, 2023; and 3. Submitting an amendment request to name a new radiation safety officer on August 29, 2023 (ML23251A150). The amended license was received via email on October 18, 2023.
 
3. Exit Meeting On June 28, 2023, the inspector conducted an onsite inspection debrief meeting with the licensee. The apparent violations were discussed during the meeting and the licensee acknowledged the inspection findings. A subsequent exit meeting was conducted via telephone on October 6, 2023. The representatives acknowledged the inspection findings.
 
ATTACHMENT PARTIAL LIST OF PERSONS CONTACTED
*#Neil Kennedy, Radiation Safety Officer
# Kelly Short, Engineering Manager
# Ron Charles, Plant Manager
* Present at Entrance Meeting and Debrief
# Present at Entrance and Exit Meetings INSPECTION PROCEDURES USED IP 87124, Fixed and Portable Gauge Programs LIST OF ACRONYMS USED ADAMS Agency wide Documents Access and Management System AV  Apparent Violation CFR Code of Federal Regulations EA  Enforcement Action PEC Pre-decisional Enforcement Conference PCM Panther Creek Mining, LLC RSO Radiation Safety Officer 6
}}
}}

Revision as of 06:03, 28 August 2024

U.S. Customs and Border Protection - NRC Inspection 03012771/2023001 and Notice of Violation
ML24172A032
Person / Time
Site: 07100202, 03033571
Issue date: 06/28/2024
From: Monica Ford
Decommissioning, ISFSI, and Reactor Health Physics Branch
To: Bright A
US Dept of Homeland Security, Office of Human Resources Management
References
IR 2023001
Download: ML24172A032 (1)
v • d • e


Text

June 28, 2024

SUBJECT:

U.S. CUSTOM S AND BORDER PROTECTION - NRC INSPECTION NO. 030-12771/2023-001 AND NOTICE OF VIOLATI ON

Dear Andr ea Br ight:

This letter r efers to t he ins pection conducted by Michael Reichard on February 14 t hrough 17, 2023, in Rouses Point, N Y, Champlain, NY, Al burgh Springs, VT, Highgate Springs, VT, Derbie Line, VT, and Norton, VT ; and Apr il 10 through 14, 2023, in Baton Rouge, LA, New Orleans, LA,

Gramercy, LA, and Gulfport, LA. In-offi ce review continued thr ough June 7, 2024. This inspection examined activities conducted under y our license as t hey relate t o public health and safety, and to c onfirm c ompliance with the Commis sions rules and regulations and wit h the conditions of your license. Within these areas, th e inspection consisted of selected exam ination of p rocedures and r epresentative r ecords, observations of activities, and interviews with personnel. The r esults of the inspect ion were disc ussed during an online meeting on June 25, 2024, wit h Mickey McKeighan, CBP OSH Director; St even Tilden, CBP OSH Deputy Director; Garth Spendiff, CBP OSH Associate Director; Mark Wolfmeyer, CBP OSH Saf ety Services Branch Chief; Jas on Hart, CBP OSH Acting RSO; and Shawn Cerda, CBP OSH Health Physicist.

Based on t he results of this inspection, the NRC has determined t hat a Severity Lev el IV violation of NRC requirements occu rred. The violation was evaluated in accordance wit h the NRC Enforcement Policy. The curr ent Enforcement Policy is included on the NRCs Web site a t https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Not ice of Violation (Notice) because the violat ion was identified by the NRC.

The violation identified that so me loca tions in New Youk and Verm ont were not inspec ted annually as required by the letter received December 14, 2017, listed as a commitment in Condition 28.G. of the license. Du ring the inspect ion, the RSO de termined that some inspections were not c onducted due t o Covid emer gency c onstraints and staffi ng turnover. As of April 11, 2023, CBP c ompleted inspections of the missed sites in New York and Vermont.

However, CBPs c orrective actions, requir ed to b e descr ibed in the r esponse to t he Not ice of Violation, should address your own review of a ll of t he radioactive material permi t holder locations to det ermine if other radioactive m aterial permit holder locations require an inspect ion to b ring them in to full compliance.

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 A. Bright 2

believe the NRC should consider, you may provide it in your response to the Notice. The NRC

review of your response to the Notice will also determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

If you have any questions regarding this matter, please contact me at (610) 337-5214 or via electronic mail to Monica.Ford@nrc.gov.

Thank you for your cooperation.

Sincerely, MONICA Digitally signed by MONICA FORD FORD Date: 2024.06.28 08:02:52 -04'00'

Monica Ford, Chief Commercial, Industrial, R&D and Academic Branch Division of Radiological Safety and Security Region I

Docket No. 030-12771 License No. 08-17447-01

Enclosure:

Notice of Violation

cc w/ enclosure Mickey McKeighan, Director, HRM Occupational Safety and Health Steven Tilden, CBP OSH Deputy Director Garth Spendiff, CBP OSH Associate Director Mark Wolfmeyer, CBP OSH Safety Services Branch Chief Shawn Cerda, Radiation Safety Officer Jason Hart, CBP OSH Acting RSO District of Columbia A. Bright 3

SUBJECT: U.S. CUSTOMS AND BORDER PROTECTION - NRC INSPECTION NO.

030-12771/2023-001 AND NOTICE OF VIOLATION DATED JUNE 28, 2024

DISTRIBUTION:

R1Enforcement

DOCUMENT NAME: [https://usnrc.sharepoint.com/teams/Region-I-CIRDA/Inspection Documentation/Issued Inspection Documentation/L08-17447-01.2023-001.docx ADAMS ACCESSION NO. ML24172A032 x SUNSI Review x Non-Sensitive Sensitive x Publicly Available Non-Publicly Available

OFFICE RI:DRSS RI:DRSS NAME EUllrich MFord DATE 06/26/2024 06/28/2024 OFFICIAL RECORD COPY NOTICE OF VIOLATION

Customs and Border Protection Docket No. 030-12771 Washington, DC License No. 08-17447-01

During an NRC inspection conducted February 14, 2023, through June 7, 2023, one violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:

Condition 28 of NRC License No. 08-17447-01 requires, in part, that the licensee shall conduct its program in accordance with statements, representations, and procedures contained in the letter received December 14, 2017 (ML17362A185).

The letter received December 14, 2017, included CBP Directive No. 5290-01, Section 6.8 Inspections which requires in part, that the licensee conduct a comprehensive regulatory compliance inspection for all large-scale NII systems and radioactive material permit holders at least annually.

Contrary to the above, during the period of 2020-2023, the licensee did not conduct its program in accordance with the procedure contained in the letter dated December 14, 2017. Specifically, the licensee did not conduct regulatory compliance inspections for all radioactive material permit holders at least annually. During inspections at New York and Vermont locations, many of the inspection reports were not readily available, and only some of the missing inspection reports were able to be provided by the Radiation Safety Officer, who explained that lapses occurred during that time due to COVID emergency constraints and staffing turnover. Although regulatory compliance inspections have been completed for those New York and Vermont locations since the NRC site inspections in 2023, it is not known yet if the required regulatory compliance inspections were performed annually for all radioactive permit holders at all sites where radioactive materials permit holders are located.

This is a Severity Level IV violation (Enforcement Policy Section 6.3.

Pursuant to the provisions of 10 CFR 2.201, U.S. Customs and Border Protection is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region I, 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 and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the 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 will be achieved. Your response may reference or include previous 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 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.

Enclosure If you contest this enforcement action, you should also provide a copy o f your r esponse to t he Director, Office of En forcement, Unit ed St ates Nuclear Regulat ory Comm ission, Washington, DC 20555-0001. Under the authority o f Section 182 of the Ac t, 42 U. S.C. 2232, any r esponse which contests an enf orcement action shall be submitted under oath o r a ffirmation.

Your r esponse will be placed in the NRC Public Document Room (P DR) and on the NRC Web site. To t he extent possible, it should, therefore, n ot include any per sonal privacy, proprietary, or safeguards inf ormation so t hat it can be made publicly available without r edaction. Howeve r, if you find it necessary t o i nclude such information, you s hould clearly indicate the specific information that you desire no t to be placed in the PDR and provide the legal basis to support your request for wit hholding the information from the public.

In ac cordance wit h 10 C FR 19.11, you m ay be r equired to post this Notice wit hin two wor king days of receipt.

Dated This 28 day of June 2024

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