RADIOLOGICAL CONTROLS And HEALTH BRANCH OPNAV N455

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RADIOLOGICAL CONTROLS And HEALTH BRANCH(OPNAV
N455)

• CAPT Lino Fragoso (N455)
• LCDR Marvin Earles (N455C)

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Radiological Controls and Health Branch

• Mission
• Establish policy for Radiation Protection
  Programs that protect workers, patients, public,
  and the environment from undue exposure to
  radiation.

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Office of the Chief of Naval Operations
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Environmental Readiness Division (CNO-N45)
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Radiological Controls and Health Branch N455
Interfaces With...

• SECDEF/ SECNAV and Service Secretariats
• House and Senate via Office of Legislative
  Affairs (OLA)
• State and Local Governments
• Veterans Administration
• Environmental Protection Agency
• Nuclear Regulatory Commission
• Department of Energy via Naval Reactors

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Radiological Controls and Health Branch

• Administers Master Materials License of Broad
  Scope for NRC regulated material
• Executive Secretary, Naval Radiation Safety
  Committee
• Resource Sponsor
• Radiological Controls (Industrial/NucWeps)
• RADIAC (Detection Devices)
• Low-Level Radioactive Waste
• Policy coordination regarding all radiation
  protection issues with DoD, NRC, NNPP, and
  Weapons RADCON programs

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Naval Master Material License (NMML)

• Single license issued to a Government Agency
  only.
• Proposed by the NRC because of DoDs unique
  mission and number of individual NRC licenses.
• Allows services to act on internal proposals to
  use RAM more consistent with military schedules.
• Air Force first to be issued MML in 1985.
• Naval Radiation Safety Committee formed in 1985
• MML issued to Navy in 1987

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Master Material License

• Authorizes the Navy some self-regulatory
  responsibilities
• Licensing Naval activities to use NRC licensable
  material
• Inspection
• Investigation

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Naval Master Material License (NMML)

• Controls NRC Licensed RAM NARM
• Specifically excludes sources of radiation from
• Naval Nuclear Propulsion Program
• Medical Industrial X-Ray (BUMED/NAVSEA)
• Non-Ionizing Radiation (Lasers/Radiofrequency)
• The NRSC administers the Master Materials License
• NRSC Defined by OPNAVINST 6470.3

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Naval MML Issued to Department of the Navy Naval
Radiation Safety Committee (NRSC)
N45 Chairman, NRSC
N455 Executive Sec., NRSC
NRC HQ Region I
BUMED M342
NAVSEA 04N
HQ, USMC (SD)
NEHC Technical Support Center (Medical Sources)
RASO Technical Support Center (Industrial Sources
LLRW)
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Naval Master Material License (NMML)

• MML Issued to the Chairman, NRSC
• Executive Secretary carries out day to day
  functions of the committee issuing NRMPs and
  Inspection Reports
• Executive Secretary serves as the single point of
  contact with the NRC for policy.
• Executive Secretary responsible for notifying NRC
  of reportable events.

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Technical Support Centers

• NAVSEADET RASO and NEHC
• Execute program
• Inspections
• NRMP reviews
• Investigations

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Master Material License - NRC Oversight

• NRC maintains regulatory oversight of the Naval
  MML.
• Conduct their own independent inspections of
  Naval Permittees - accompany Navy
• Conduct their own investigations as they deem
  necessary.
• Conducts Biennial review on how the Navy runs
  their program.
• Invited to attend the NRSC Qtrly Meetings.

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Master Material License Conditions

• Comply with federal regulations as a minimum,
  unless granted an exemption or alternative method
  by NRC.
• Inspectors and NRMP reviewers must follow NRC
  standards/guidance and attend NRC applicable
  courses.
• Besides 10 CFR reportable events, Navy must
  report Level III violations to the NRC.
• Notify NRC of decommissioning facilities.

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Master Material License Conditions

• Cannot issue a NRMP that authorizes deliberate
  release of radioactivity to the environment
  without NRC approval.

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Naval Radioactive Material Permits Currently 129
NRMPs
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NRC INSPECTION OF PERMITTEES

• PERMIT AND NRC REGULATIONS
• CURRENTLY 12 PER YEAR
• SCHEDULED
• SPECIAL
• INVESTIGATION
• NAVY INSPECTION
• ALLEGATION
• UNANNOUNCED

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SEVERITY LEVELS

• I - MOST SIGNIFICANT
• II - VERY SIGNIFICANT
• III - SIGNIFICANT CONCERN
• IV - MORE THAN MINOR
• V - (MINOR CONCERN)

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SEVERITY LEVEL III EXAMPLES

• EXCEEDING DOSE LIMITS OR CONCENTRATIONS
• PERMIT WORK BY A TECHNICALLY UNQUALIFIED PERSON
• VIOLATIONS COLLECTIVELY REPRESENTING A
  POTENTIALLY SIGNIFICANT LACK OF ATTENTION OR
  CARELESSNESS TOWARD LICENSED RESPONSIBILITIES

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SEVERITY LEVEL III EXAMPLES (contd)

• SIGNIFICANT FAILURE TO CONTROL (INCLUDING
  DISPOSAL) LICENSED MATERIALS
• UNAUTHORIZED USE OF MATERIAL ON HUMANS
• FAILURE DURING RADIOGRAPHY TO USE REQUIRED SURVEY
  INSTRUMENTS AND DOSIMETERS

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PREDECISIONAL ENFORCEMENT CONFERENCE

• ACHIEVE COMMON UNDERSTANDING OF
• FACTS, ROOT CAUSES, MISSED OPPORTUNITIES
• CORRECTIVE ACTIONS TAKEN OR PLANNED
• SIGNIFICANCE OF ISSUES AND NEED FOR LASTING
  CORRECTIVE ACTION

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SEVERITY LEVEL ESCALATING FACTORS

• PROGRAMMATIC BREAKDOWN
• REPETITIVENESS
• WILLFULNESS - DELIBERATE INTENT TO VIOLATE OR
  FALSIFY, CARELESS DISREGARD FOR REQUIREMENTS
• TIMELINESS OF REPORTING

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NRC ENFORCEMENT ACTIONS

• NOTICE OF VIOLATION (NOV)
• CIVIL PENALTY
• LICENSING ORDER
• SUSPENDING
• REVOKING
• MODIFYING

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NRC CIVIL PENALTY

• SEVERITY LEVELS I, II, III
• SEVERITY LEVELS IV IF REPETITIVE
• ANY WILLFUL VIOLATION

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EXERCISE OF DISCRETION(ESCALATION)

• TO ENSURE THAT ENFORCEMENT REFLECTS THE
  SIGNIFICANCE OF CIRCUMSTANCES AND CONVEYS THE
  APPROPRIATE REGULATORY MESSAGE

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EXERCISE OF DISCRETIONESCALATION EXAMPLES

• GROSS OVEREXPOSURES OR RELEASES
• PREVIOUS POOR PERFORMANCE
• WILLFULNESS
• REPEAT VIOLATION OR POOR HISTORY
• EXCESSIVE DURATION OF PROBLEM
• LOSS OF A SOURCE

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EXERCISE OF DISCRETION(MITIGATION)

• LESS THAN LEVEL I OR II
• SELF IDENTIFIED
• PROMPTLY REPORTED
• FIXED FAST AND WELL
• NOT WILLFUL BY SENIORS
• DIFFERENT VIOLATION
• OVERALL PERFORMANCE
• CURRENT STATE OF THE PROGRAM

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PERSONAL ACTIONS

• SEVERITY LEVEL I OR II
• DELIBERATE MISCONDUCT
• SUBMISSION OF INCOMPLETE OR INACCURATE
  INFORMATION
• FAILURE TO CORRECT
• NO REASONABLE ASSURANCE THAT PERSON WILL CAUSE
  COMPLIANCE

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NAVYs RECORD

• 1989 - CONFERENCE, SL IV - FAILURE TO PERFORM
  SURVEYS (dosimetry)
• 1990 - NO CONFERENCE, SL III INACCURATE RECORDS
  (falsification)
• 1991 - CONFERENCE, SL III - UNAUTHORIZED USE
  (human testing)

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NAVYS RECORD

• 1992 - CONFERENCE DECLINED, SL III - LOSS OF
  CONTROL (disposed in trash).
• 1994 - CONFERENCE DECLINED, SL III - QMP LEAD
  TO MISADMINISTRATION (no verifier).
• 1995 - NONELECTION OF CONFERENCE, SL III - QMP
  DID NOT ENSURE COMPLIANCE WITH DIRECTIVE (no
  verifier instructions) - CIVIL PENALTY -
  2500.00

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NAVYs RECORD

• 1997, SL III, PACKAGE SHIPPING INTEGRITY AND
  SURFACE CONTAMINATION.
• 1997, SL III, SUBSTANTIAL FAILURE TO IMPLEMENT
  THE QMP.
• 1999, SL III, GAMMA RADIOGRAPHY LACK OF
  MANAGEMENT OVERSIGHT
• 2000, SL III, LOSS OF CONTROL OF MATERIAL AND
  LACK OF MANAGEMENT OVERSIGHT

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NAVYs RECORD

• 2001, SL III, FAILURE TO WEAR PROPER DOSIMETRY.
• 2002, SL III, CONGLOMERATE OF FINDINGS, LACK OF
  MANAGEMENT INVOLVEMENT.
• 2004, SL III, MATERIAL LEFT UNATTENDED ON LOADING
  DOCK.
• 2005, SL III, UNSATISFACTORY INVENTORY CONTROL
  AND LACK OF MANAGEMENT OVERSIGHT.

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NAVYs RECORD

• 2005, SL III, MATERIAL LEFT UNATTENDED IN
  T-SHED.
• 2006, SL III, FAILURE TO MAINTAIN EXPOSURES ALARA
  AND FAILURE TO WEAR PROPER DOSIMETRY.
• 2006, SL III, FAILURE OF RSO TO MAINTAIN CONTROL
  OF PROGRAM.

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QUESTIONS?