IR 015000033/2023001

NRC Non-Routine Inspection Report 15000033/2023001 (Drss) and Notice of Violation – Carbon Asset Solutions

ML23353A196
Person / Time
Site:	15000033, 015000033
Issue date:	12/20/2023
From:	Rhex Edwards NRC/RGN-III/DRSS/MIB
To:	Donner D Carbon Asset Solutions
References
IR 2023001
Download: ML23353A196 (10)

Text

SUBJECT:

NRC NON-ROUTINE INSPECTION REPORT NO. 15000033/2023001(DRSS)

AND NOTICE OF VIOLATION - CARBON ASSET SOLUTIONS

Dear Daniel Donner:

This letter refers to the inspection performed by the United States Nuclear Regulatory Commission (NRC) on November 9, 2023, at a temporary job site on the premises of United States Army Fort McCoy in Sparta, Wisconsin. The purpose of the inspection was to review activities performed under the terms of a general license in Title 10 of the Code of Federal Regulations (10 CFR) 150.20, Recognition of Agreement State licenses, also known as reciprocity, to ensure that these activities were being performed in accordance with NRC requirements and in a manner that protected public health and safety and the environment.

This letter presents the results of the inspection.

This inspection included a review of activities conducted under the general license noted above and consisted of an examination of procedures and representative records, observations of activities, and interviews with personnel. The inspector, Ryan Craffey, conducted a final exit meeting by telephone with Derek Rhea, your Radiation Safety Officer, on December 5, 2023, to discuss the inspection findings.

Based on the results of this inspection, the NRC has determined that one Severity Level IV violation of NRC requirements occurred.

The violation was evaluated in accordance with the NRC Enforcement Policy, available at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Notice of Violation (Notice) (Enclosure 1) and the circumstances surrounding it are described in detail in the subject inspection report (Enclosure 2). The violation is being cited because the inspector identified it.

You are required to respond to this letter and should follow the instructions specified in Enclosure 1 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.

December 20, 2023 In accordance with the NRCs Agency Rules of Practice and Procedure 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 Ryan Craffey of my staff if you have any questions regarding this inspection. Ryan can be reached at 630-829-9655 or ryan.craffey@nrc.gov.

Sincerely, Rhex Edwards, Chief Materials Inspection Branch Division of Radiological Safety and Security Docket No. 150-00033 License No. 33-62309-01 Enclosures:

(1) Notice of Violation (2) Inspection Report No. 15000033/2023001(DRSS)

cc (w/encl):

Derek Rhea, Radiation Safety Officer State of North Dakota Signed by Edwards, Rhex on 12/20/23 Letter to from R. Edwards dated December 20, 2023.

SUBJECT:

NRC NON-ROUTINE INSPECTION REPORT NO. 15000033/2023001(DRSS)

AND NOTICE OF VIOLATION - CARBON ASSET SOLUTIONS DISTRIBUTION w/encl:

Jack Giessner Mohammed Shuaibi David Curtis Jared Heck Diana Betancourt-Roldan Kenneth Lambert Geoffrey Edwards MIB Inspectors R4Reciprocity ADAMS Accession Number: ML23353A196 OFFICE RIII-DRSS RIII-DRSS NAME RCraffey:mc REdwards DATE 12/20/23 12/20/23 OFFICIAL RECORD COPY

Enclosure 1 NOTICE OF VIOLATION Carbon Asset Solutions License No. 33-62309-01 Minot, ND Docket No. 150-00033 During a U.S. Nuclear Regulatory Commission (NRC) inspection conducted on November 9, 2023, one violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:

Title 10 of the Code of Federal Regulations (10 CFR) Part 150.20(b)(5) requires that any person engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters under the general licenses provided in this section shall comply with all terms and conditions of the specific license issued by an Agreement State except such terms or conditions as are contrary to the requirements of this section.

Condition 12.B of North Dakota Radioactive Material License No. 33-62309-01 dated April 19, 2022, states that whenever logging activities are performed, neutron generator operators must be accompanied by at least one other qualified individual who has, at a minimum, met the training requirements of the application dated November 2, 2021, and email dated April 19, 2022. The qualified individual shall maintain constant observation of the logging operations and be capable of providing immediate assistance. Logging activities may not be performed if only one qualified individual is present.

Contrary to the above, on November 9, 2023, Carbon Asset Solutions failed to comply with all terms and conditions of the specific license issued by an Agreement State when engaging in activities in areas of exclusive Federal Jurisdiction within Agreement States.

Specifically, a neutron generator operator was not accompanied when logging activities were performed that day by at least one other qualified individual who had, at a minimum, met the applicable training requirements as required by Condition 12.B of State of North Dakota Radioactive Material License No. 33-62309-01.

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

Pursuant to the provisions of 10 CFR 2.201, Carbon Asset Solutions 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 15000033/2023001(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 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.

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 20th day of December, 2023.

Enclosure 2 U.S. Nuclear Regulatory Commission Region III Docket No.

150-00033 License No.

33-62309-01 Report No.

15000033/2023001(DRSS)

Licensee:

Carbon Asset Solutions Job Site:

United States Army Fort McCoy Sparta, WI Inspection Date:

November 9, 2023 Exit Meeting Dat:

December 5, 2023 Inspector:

Ryan Craffey, Senior Health Physicist Approved By:

Rhex Edwards, Chief Materials Inspection Branch Division of Radiological Safety and Security

EXECUTIVE SUMMARY Carbon Asset Solutions NRC Inspection Report 15000033/2023001(DRSS)

This was an announced non-routine inspection of licensed activities involving the use of byproduct material for above-ground logging activities. Carbon Asset Solutions was authorized by the general license in Title 10 of the Code of Federal Regulations (10 CFR) 150.20 to perform activities authorized by State of North Dakota Radioactive Material License No. 33-62309-01 at temporary job sites in areas of exclusive Federal jurisdiction.

Based on the results of this inspection, one Severity Level IV violation of 10 CFR 150.20(b)(5)

was identified for failure to comply with the conditions of the specific license issued by the State of North Dakota, an Agreement State.

The circumstances of this violation are discussed in detail in the following report.

REPORT DETAILS

Program Overview and Inspection History Carbon Asset Solutions (the licensee) was a Canadian company authorized by the State of North Dakota to possess a Troxler 3400 series moisture density gauge containing sealed sources of byproduct material for measuring the physical properties of material, and a Thermo Scientific P320 neutron generator for above-ground logging activities. The licensee was authorized to store these devices at a field office in Minot, North Dakota, and to use them at temporary job sites anywhere in the State of North Dakota except in areas of exclusive federal jurisdiction. The licensee was approved in February 2023 to perform these activities in areas of exclusive federal jurisdiction for the remainder of the calendar year under the terms of the general license in Title 10 of the Code of Federal Regulations (10 CFR) 150.20.

The licensee used these devices to measure the content of sequestered carbon in agricultural and other soils in-situ. At the time of the inspection, the licensee was using a Thermo Scientific P320 neutron generator containing approximately 2.2 curies of tritium and mounted inside a shielded trailer to obtain baseline carbon measurements across several large areas of United States Army Fort McCoy in Sparta, Wisconsin. The licensee no longer used its Troxler 3400 series gauge for confirmatory spot measurements.

The NRC has not previously inspected Carbon Asset Solutions. The companys North Dakota Radioactive Material License was issued in April 2022, and calendar year 2023 was the first in which the company filed with NRC for recognition of this license under reciprocity.

Observation of Licensed Activities 2.1 Inspection Scope The inspector visited the job site on the premises of Fort McCoy, interviewed personnel, and reviewed relevant records to evaluate the conduct of licensed activities.

2.2 Observations and Findings A. Physical Presence Requirements Upon arrival at the job site, the inspector learned that only one individual was present at the job site operating the licensees neutron generator. A second individual had been present at the job site and had accompanied the first individual during prior operation of the neutron generator. However, the second individual returned to Canada the day prior to the inspection, leaving the first individual unaccompanied.

Title 10 of the Code of Federal Regulations (10 CFR) Part 150.20(b)(5) requires that any person engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters under the general licenses provided in this section shall comply with all terms and conditions of the specific license issued by an Agreement State except such terms or conditions as are contrary to the requirements of this section.

Condition 12.B of North Dakota Radioactive Material License No. 33-62309-01 dated April 19, 2022, states that whenever logging activities are performed, neutron generator operators must be accompanied by at least one other qualified individual who has, at a minimum, met the training requirements of the application dated November 2, 2021, and email dated April 19, 2022. The qualified individual shall maintain constant observation of the logging operations and be capable of providing immediate assistance. Logging activities may not be performed if only one qualified individual is present.

The licensees failure to ensure that two qualified individuals were present during logging operations on November 9, 2023, is a violation of 10 CFR 150.20(b)(5).

The remaining individual was adequately trained and was knowledgeable of relevant radiation protection principles and licensee procedures. They operated the generator safely and in accordance with operating procedures throughout the inspection.

Radiological risks of logging operations to members of the public were considered low (see Section 2.2.B, below). Therefore, the NRC considered this failure to adhere to additional requirements imposed via Agreement State license condition a Severity Level IV violation.

B. Other Observations The inspector accompanied the licensee for several hours of logging activities.

Neutron generator safety features and interlocks - including audible signals, warning lights, emergency stop button, and a proximity alert system to detect any individuals entering the exclusion zone around the trailer - were confirmed to be functional.

Gamma dose rates measured by NRC and licensee instrumentation were noted to be at or near background throughout the inspection, including on contact with the trailer following operation. Neutron dose rates measured by licensee instrumentation were noted to be less than or equal to 0.8 millirem per hour in the cab of the all-terrain vehicle which drove the trailer. Neutron dose rates at the perimeter of the exclusion zone were at or near background in all directions while the generator was in operation. These readings suggested that the neutron and gamma shielding used by the licensee inside the trailer, in conjunction with the safety features and interlocks, was adequate to ensure that doses to members of the public were not likely to exceed regulatory limits under normal and foreseeable abnormal conditions.

The inspector also reviewed a selection of available records, including the licensees operating and emergency procedures, records of authorized user training, instrument calibration certificates, shipping papers, and a copy the licensees most recent NRC Form 241, filed on October 11, 2023. The inspector noted that at the time of the inspection, the licensee had yet to file a revised NRC Form 241 to reflect the change of actual work dates at Fort McCoy (from October 16-20, 2023, to November 6-11, 2023). The licensees RSO stated that they would submit a revised NRC Form 241 to reflect these changes before the end of the calendar year.

2.3 Conclusions The NRC identified a Severity Level IV violation 10 CFR 150.20(b)(5).

Exit Meeting Summary The NRC inspector presented preliminary inspection findings following the onsite inspection, and again during the final exit meeting on December 5, 2023. The licensee acknowledged the findings presented and committed to develop lasting and effective corrective actions.

LIST OF INDIVIDUALS CONTACTED James Bracht - Authorized User Daniel Donner - Director

Derek Rhea - Radiation Safety Officer (RAD PROS)

David Stradinger - Manager, Radiation & Indoor Air Quality Control Program (State of North Dakota)

Attended exit meeting on December 5, 2023.

INSPECTION PROCEDURES USED IP 87139 - Portable Nuclear Gauge Programs

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