IR 015000019/2018003
| ML18295A648 | |
| Person / Time | |
|---|---|
| Site: | 15000019, 015000019 |
| Issue date: | 10/18/2018 |
| From: | Arthur Burritt NRC/RGN-I/DNMS/CRDB |
| To: | Connor P Connor Environmental Services and Engineering Assessments |
| References | |
| IR 2018003 | |
| Download: ML18295A648 (10) | |
Text
ctober 18, 2018
SUBJECT:
CONNOR ENVIRONMENTAL SERVICES AND ENGINEERING ASSESSMENTS - NRC INSPECTION NO. 15000019/2018003 AND NOTICE OF VIOLATION
Dear Mr. Connor:
This letter refers to the inspection conducted on July 31, 2018, at your Baltimore, Maryland facility with continuing in-office review through October 4, 2018. This inspection examined activities conducted under your license as they relate to public health and safety, and to confirm compliance with the Commission's 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. A telephone exit meeting was held between Michael Spangler, Operations Manager, of your staff and Steven Courtemanche of this office on October 4, 2018.
Based on the results of this inspection, the NRC has determined that a Severity Level IV violation of NRC requirements occurred. The violation was evaluated in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's Web site at https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Notice of Violation (Notice) because the violation was identified by the NRC.
The NRC has concluded that information regarding: (1) the reason for the violation; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance will be (was) achieved is already adequately addressed on the docket and include:
(1) training to their logistics coordinator and users of the X-Ray Fluorescence (XRF) devices in the requirements for reciprocity, (2) management reviews of new requests for work to determine if a reciprocity request is required, and (3) management performing a six-month reconciliation between the user log and reciprocity requests for discrepancies. Therefore, you are not required to respond to this letter unless the description herein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," 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 Steven Courtemanche of my staff at (610) 337-5075 or via electronic mail at Steven.Courtemanche@nrc.gov.
Thank you for your cooperation.
Arthur L. Burritt, Chief Commercial, Industrial, R&D, and Academic Branch Division of Nuclear Materials Safety Region I Docket No. 15000019 MD License No. 05-122-01
Enclosures:
1 . Notice of Violation 2. Inspection Report No. 15000019/2018003
REGION I==
INSPECTION REPORT Inspection No. 15000019/2018003 Docket No. 150-00019 MD License No. 05-122-01 Licensee: CONNOR Environmental Services and Engineering Assessments Address: 1421 Clarkview Road, Suite 100 Baltimore, Maryland 21209 Inspection Dates: July 31, 2018 through October 4, 2018 Inspector: <<t~c~~
Steven Courtemanche, Health Physicist iO Ii, &t 6 date Commercial, Industrial, R&D and Academic Branch Division of Nucl ar Materials Safety Approved By:
Arthur t.:. urritt, Chief Commercial, Industrial, R&D and Academic Branch Division of Nuclear Materials Safety Enclosure 2 Inspection Report No. 15000019/2018003
EXECUTIVE SUMMARY CONNOR Environmental Services and Engineering Assessments NRC Inspection Report No. 15000019/2018003 This was a special, announced inspection of CONNOR Environmental Services and Engineering Assessments (CONNOR) who is licensed by the State of Maryland to use X-Ray Fluorescence (XRF) devices at temporary job sites. CONNOR performs testing for lead content in paint in buildings being renovated. They employ four individuals to support their clients.
One apparent violation of NRC regulations was identified. The apparent violation of 10 CFR 150.20(b)(2) is for not filing an amended NRC Form 241 when the client, location of use, or days of use differed from the initial NRC Form 241 filed for Calendar Years 2017 and 2018 when the licensee performed licensed activities within exclusive Federal jurisdiction for a total of 52 days, of which, the licensee identified 29 days and submitted amended NRC Form 241s.
CONNOR implemented the following corrective actions: CONNOR has provided training to their logistics coordinator and users of the XRF devices in the requirements for reciprocity, management reviews new requests for work to determine if a reciprocity request is required, and management performs a six-month reconciliation between the user log and reciprocity requests for discrepancies.
ii Inspection Report No. 15000019/2018003
REPORT DETAILS 1. Organization and Scope of the Program 1.1 Inspection Scope The inspector reviewed the organization and scope of the activities performed under Maryland License No. 05-122-01 by interviewing licensee staff and reviewing records.
1.2 Observations and Findings CONNOR Environmental Services & Engineering Assessments (CONNOR) is licensed by the State of Maryland to use X-Ray Fluorescence (XRF) devices to analyze the lead content of paint at temporary job sites. They have four individuals authorized as users of XRF devices. They perform licensed activities in Maryland under the State of Maryland license; in the District of Columbia, in Bethel, Connecticut, and on Aberdeen Proving Ground, Maryland under reciprocity with NRC; and in Virginia under reciprocity with the Commonwealth of Virginia (See Section 2).
2. Reciprocity Safety Inspection 2.1 Inspection Scope The inspector performed a review of the licensee's radiation safety program using NRC Inspection Manual Chapter (IMC) 1220, "Processing of NRC Form 241, 'Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, and Offshore Waters,' and Inspection of Agreement State Licensees Operating Under 10 CFR 150.20" and Inspection Procedure {IP) 87126, "Industrial/Academic/Research Programs." Information was gathered through reviews of records, interviews with cognizant personnel, and observations of demonstrations of how XRF devices are transported to and used at temporary job sites.
2.2 Observations and Findings XRF devices were stored in a locked storage area inside the licensee's facility located in Baltimore, Maryland as authorized by the Maryland State License. The licensee demonstrated how devices were secured with a minimum of two tangible barriers to prevent unauthorized access and removal at temporary job sites. The inspector interviewed licensee personnel regarding the events leading up to the licensee's discovery that requests for work in areas of exclusive Federal jurisdiction had not been made to the NRC. The licensee representative indicated that management had made it a policy to use a battery-operated XRF when doing work in exclusive Federal jurisdiction. There was a change-over in personnel, the new logistics coordinator found the initial request to the NRC for reciprocity, and began dispatching the XRFs with radioactive sources to jobsites. Management, during its six-month audit of the program, discovered the use of the XRFs in exclusive Federal jurisdiction and submitted amended NRC Form 241 s to the NRC for past and future work in NRC jurisdiction.
The inspector reviewed the licensee's use logs, leak test records, and HAZMAT training records and determined that they were well-kept and contained the required information.
The inspector determined that the licensee did not submit a request to the NRC for
Inspection Report No. 15000019/2018003
reciprocity for additional dates in the District of Columbia; Bethel, Connecticut; and Aberdeen Proving Ground, Maryland. This represents an apparent violation of 1O CFR 150.20(b)(2) for not filing a request for reciprocity when the client, location of use, date(s) of use, or licensed materials changed from the initial NRC Form 241 filed for that Calendar Year.
2.3 Conclusions 10 CFR 150.20(a) states, in part, that any person that holds a specific license from an Agreement State is granted an NRC general license to conduct the same activity in areas of exclusive Federal jurisdiction, provided that the provisions of 10 CFR 150.20(b)
have been met.
10 CFR 150 .20(b )(2) requires that any person engaging in activities in areas of exclusive Federal jurisdiction, shall file an amended NRC Form 241 or letter with the Regional Administrator to request approval for changes in work locations, radioactive material, or work activities different from information contained on the initial NRC Form 241.
Contrary to the above, between March 10, 2017, and July 31, 2018, CONNOR Environmental Services and Engineering Assessments (CONNOR), a licensee of the State of Maryland, engaged in activities in areas of exclusive Federal jurisdiction, without filing a submittal containing an amended NRC Form 241, a total of 52 days. Specifically, CONNOR self-identified and filed amended NRC Form 241 s after they determined that licensed activities were performed in Washington, D.C., an area of exclusive Federal jurisdiction, between May 22, 2018 and June 29, 2018, a total of 29 days. CONNOR submitted an amended NRC Form 241 which was not received by the Region I office until resubmitted on August 1, 2018, and licensed activities were performed in Washington D.C. between July 19 and 31, 2018, a total of 9 days. The inspector identified that licensed activities were performed in Aberdeen Proving Ground, Maryland, an area of exclusive Federal jurisdiction, between March 10, 2017, and July 18, 2017, a total of 10 days; in Bethel, Connecticut, a non-Agreement State, on April 25, 2018; and in Washington, D.C., an area of exclusive Federal jurisdiction, on May 15, 17, and 18, 2018; without the filing of an amended NRC Form 241.
CONNOR's preventive actions include: (1) increased oversight by management whereby management reviews new requests for the potential need for filing a reciprocity request, (2) reconciliation by management of the use log of the XRF devices and requests for reciprocity on a six-month basis to identify any use of licensed material in areas of exclusive Federal jurisdiction not covered by the requests, and (3) training to the logistics coordinator and to the users of the XRF device so that they would be more familiar with the regulations regarding reciprocity.
3.0 Exit Meeting The inspector conducted a telephonic exit meeting with the Operations Manager on October 4, 2018. Licensee representatives acknowledged the inspector's findings.
Inspection Report No. 15000019/2018003
PARTIAL LIST OF PERSONS CONTACTED
- Michael Spangler, Operations Manager (Exit Meeting by telephone October 4, 2018)
- Patrick Connor, President/Radiation Safety Officer Rebecca Piercy, Logistics Coordinator Alan W. Goldy, Health Physics Supervisor, Maryland Department of the Environment
- Present at Entrance Meeting
- Present at Exit Meeting INSPECTION PROCEDURES USED IMC 1220 Processing of NRC Form 241, Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, and Offshore Waters IP 87126 Industrial/Academic/Research Programs LIST OF ACRONYMS AND ABBREVIATIONS USED CFR Code of Federal Regulations IP Inspection Procedures IMC Inspection Manual Chapter CONNOR CONNOR Environmental Services & Engineering Assessments
Inspection Report No. 15000019/2018003