memo: supplement to 7/3/02 interim rpt - 5010# 041502 ... · non-intact or radioactively...

Statd of California Department of Health Services

M e m o r a n d u mSFUND RECORDS CTR

S~\ 2060816C Date: July 8,2002

Memo to: Dan Corrigan, Assistant Chief, Radiologic Health BranchRobert Greger, Chief, Inspection, Compliance and Enforcement SectionKathleen Kaufman, Director, Office of Radiation ManagementLos Angeles County

C: Delia Aquino, Associate HP.Inspection, Compliance and Enforcement, Granada HillsDonelle Krajewski, Associate HP.Inspection, Compliance and Enforcement, Brea

From: Barbara Hamrick, Associate HP.Inspection, Compliance and Enforcement, QA Unit

SUBJECT: INTERIM REPORT - 5010# 041502PRESERVATION AVIATION - CHINO FACILITY

This memo supplements the information contained in the Interim Report date July 3,2002 (see Attachment A).

{ » On July 3, 2002, Department of Health Services (DHS) staff joined the San BernardinoCounty District Attorney's (SBCDA) investigative staff in the service of a search warrantat the Chino Airport, Hangar 12, Building 320 in Chino, California (Hangar 12) todetermine whether Mr. Jeffery Pearson was in illegal possession of breached radiumdials; or had illegally transported either breached or in tact radium dials from his facilityat 10800 Burbank Boulevard, in North Hollywood, California.

DHS staff took radiation readings throughout the facility, took direct contaminationreadings, and obtained wipe samples that are being analyzed at DHS' Sanitation andRadiation Laboratory in Berkeley (we do not have a target date for the receipt of theresults of the analysis of those wipes).

Survey Results

Isotope Identification

Using the Bicron "Field Spec N" (see the attached list of meters and probes used duringthis site visit, labeled Attachment B), in close proximity to gauges with abovebackground radiation levels, DHS staff verified that the primary contaminant at thefacility was radium-226, as expected.

n

Preservation Aviation of 3July 8. 2002

Radiation Levels

In summary, radiation levels were measured using the Bicron "Field Spec N," andverified by a second staff member using a Ludlum 19 microR meter. Ambient arearadiation levels ranged from 22 - 700 microR/hr, with higher levels (up to 4,400microR/hr) found in close proximity to certain meters, or boxes of meters, as shown inAttachment C - Diagram 1. The documented surveys focused on the areas with higherthan average radiation levels, thus the actual average ambient levels were closer to 22- 100 microR/hr. The results in this paragraph are gross results, reported withoutsubtracting the background reading of 20 - 22 microR/hr.

Direct contamination measurements

The direct contamination measurements were taken using a Ludlum 2224-1 meter witha 43-89 100 square centimeter zinc-sulfide probe. All measurements were taken withthe probe from 0.5 - 1 .0 cm from the surface so as not to contaminate the probe.

This was not a comprehensive survey for contamination, but performed solely to identifywhether or not contamination could be of concern at this facility. The results of thesurvey measurements are in Attachment C - Diagram 2. In summary, in several areaswhere alpha contamination was identified (such as around the base of the toilet, andunder the work desk in the rear of the facility), the levels were in the range of 30 - 80cpm per 100 cm2, fixed plus removable contamination. In one cabinet in the rear of thefacility, contamination was identified at a level up to 1000 cpm per 100 cm2. Thehighest level of contamination identified during this visit was on an item that Mr.Pearson stated is used for the repair a refurbishment of dials. That item, which wasfound on the work desk in the rear of the facility, had contamination of about 9,000 cpmper its total top surface area of about 6 cm2.

In a subsequent visit, on July 5, 2002, for the purpose of allowing Mr. Pearson toremove certain non-contaminated items critical to the continuance of his business, DHSstaff identified a toolbox, in the rear of the facility, as contaminated. At that time, ameasurement was taken using the Ludlum 14C, with a 44-9 (pancake Geiger-Mueller)probe, and the level of contamination was about 1500 cpm per 15 cm2, rather uniformlydistributed throughout the toolbox, so the contamination was on the order of 10,000 cpmper 100 cm2.

During the July 5, 2002 visit, Mr. Pearson was notified of the finding of contaminationaround the base of the toilet, and that such a finding suggests he may have inhaled,ingested or absorbed radioactive material. DHS staff suggested that he discuss thiswith his health physics consultant and consider having a bioassay performed todetermine the amount of his intake, if any.

o

Preservation Aviation of 3July 8, 2002

n Removable contamination samples

DHS staff also took wipe samples for gamma analysis and isotopic alpha analysis. Thelocations where the wipes were taken are described in the notes following Attachment C- Diagram 2. A total of 21 wipes were taken. Most of the wipes coincide with areaswhere direct contamination measurements were taken. Once the wipes were broughtback to the DHS Brea field office, a check with the Ludlum 14C, with a 44-9 probe didnot identify contamination above background levels, so it is unclear at this time whetherremovable contamination is of concern at this location.

Conclusions

This facility poses a potentially significant radiological health hazard to occupants of thebuilding, unless and until appropriate radiological controls are imposed. With the facilitysecured, it does not pose a significant hazard to members of the public in areasadjacent to the facility.

Please contact me if you have additional questions (at the office at 714-257-2031 or bycell phone at 714-376-2012).

1N3IAIHOV11V

Stato bf California

M e m o r a n d u mDepartment of Hoalth Services

Date: July 8, 2002

Memo to:

C:

Robert Greger, Chief, Inspection, Compliance and Enforcement SectionDelia Aquino, Associate HP.Inspection, Compliance and Enforcement, Granada Hills

Kathleen Kaufman, Director, Office of Radiation ManagementLos Angeles CountyDonelle Krajewski, Associate HP.Inspection, Compliance and Enforcement, Brea



This memo supplements the information contained in the Interim Report dated July 4,2002 (see Attachment A). In addition to the information in Attachment A, it should benoted that an order had also been issued on February 8,1999 to prohibit removal ofnon-intact or radioactively contaminated materials from the North Hollywood facility.

On July 3, 2002, Department of Health Services (DHS) staff joined the San BernardinoCounty District Attorney's (SBCDA) investigative staff in the service of a search warrantat the Chino Airport, Hangar 12, Building 320 in Chino, California (Hangar 12) todetermine whether Mr. Jeffery Pearson was in illegal possession of non-intact meters(instruments), containing radium activated luminous material; or had illegally removedand transported either non-intact or intact radium instruments from his facility at 10800Burbank Boulevard, in North Hollywood, California.

During a discussion with Mr. Pearson-on July 3, 2002, he denied having removed ortransported any instruments from the North Hollywood facility to Chino, butacknowledged that he did have non-intact instruments present at the Chino facility.

DHS staff took radiation readings throughout the facility, took direct contaminationreadings, and obtained wipe samples that are being analyzed at DHS1 Sanitation andRadiation Laboratory in Berkeley (we do not have a target date for the receipt of theresults of the analysis of those wipes).

Survey Results

Isotope Identification

• Preservation AviationPage 2 of 3July 8. 2002

nUsing the Bicron "Field Spec N" (see the attached list of meters and probes used duringthis site visit, labeled Attachment B), in close proximity to instruments with abovebackground radiation levels, DHS staff verified that the primary contaminant at thefacility was radium-226.

Radiation Levels

In summary, radiation levels were measured using the Bicron "Field Spec N," andverified by a second staff member using a Ludlum 19 microR meter. General arearadiation levels ranged from 22 - 700 microR/hr, with higher levels (up to 4,400microR/hr) found in close proximity to certain instruments, or boxes of instruments, asshown in Attachment C - Diagram 1. The documented surveys focused on the areaswith higher than average radiation levels, thus the actual average general levels werecloser to 22-100 microR/hr. The results in this paragraph are gross results, reportedwithout subtracting the background reading of 20 - 22 microR/hr. This backgroundreading appears to have been influenced by the facility itself, and additional readingsshould be taken on our next visit. Typical background readings in this area are 5 - 10microR/hr.

Direct contamination measurements

/*"""> The direct contamination measurements were taken using a Ludlum 2224-1 meter witha model 43-89, 100 square centimeter zinc-sulfid.e probe (alpha detector). Allmeasurements were taken with the probe from 0.5 - 1.0 cm from the surface so as notto contaminate the probe.

This was not a comprehensive survey for contamination, but performed solely to identifywhether or not contamination could be of concern at this facility. The results of thesurvey measurements are in Attachment C - Diagram 2. In summary, in several areaswhere alpha contamination was identified (such as around the base of the toilet, andunder the work desk in the rear of the facility), the levels were in the range of 30 - 80cpm per 100 cm2, fixed plus removable contamination. In one cabinet in the rear of thefacility, contamination was identified at a level up to 1000 cpm per 100 cm2. Thehighest level of contamination identified during this visit was on an item that Mr.Pearson stated is used for the repair and refurbishment of instruments. That item,which was found on the work desk in the rear of the facility, had contamination of about9,000 cpm over its total top surface area of about 6 cm2.

In a subsequent visit, on July 5, 2002, for the purpose of allowing Mr. Pearson toremove certain non-contaminated items critical to the continuance of his business, DHSstaff identified a toolbox, in the rear of the facility, as contaminated. At that time, ameasurement was taken using the Ludlum 14C, with a 44-9 probe (pancake Geiger-Mueller), and the level of contamination was about 1500 cpm per 15 cm2, rather

/""s, uniformly distributed throughout the toolbox, so the contamination v/as on the order of^ 10.000 cpm per 100 cm2.

Preservation AviationPage 3 of 3July 8. 2002

During the July 5, 2002 visit, Mr. Pearson was notified of the finding of contaminationaround the base of the toilet, and that such a finding suggests he may have inhaled,ingested or absorbed radioactive material. DHS staff suggested that he discuss thiswith his health physics consultant and consider having a bioassay performed todetermine the amount of his intake, if any.

Removable contamination samples

DHS staff also took wipe samples for gamma analysis and isotopic alpha analysis. Thelocations where the wipes were taken are described in the notes following Attachment C- Diagram 2. A total of 21 wipes were taken. Most of the wipes coincide with areaswhere direct contamination measurements were taken. Once the wipes were broughtback to the DHS Brea field office, a check with the Ludlum 14C, with a 44-9 probe didnot identify contamination above background levels, so it is unclear at this time whetherremovable contamination is of concern at this location.

Conclusions

This,facility poses a potentially significant radiological health hazard to occupants of thebuilding, unless and until appropriate radiological controls are imposed. With the facilitysecured, it does not pose a significant hazard to members of the public in areasadjacent to the facility.


n

ATTACHMENT A

p

Stato of California Department of Health Services

M e m o r a n d u m

' ' Date: July 4. 2002

Memo to: Dan Corrigan, Assistant Chief, Radiologic Health BranchRobert Greger, Chief, Inspection, Compliance and Enforcement SectionKathleen Kaufman, Director, Office of Radiation ManagementLos Angeles County



On July 3, 2002, Department of Health Services (DHS) staff joined the San BernardinoCounty District Attorney's (SBCDA) investigative staff in the service of a search warrantat the Chino Airport, Hangar 12, Building 320 in Chino, California to determine whetherMr. Jeffery Pearson was in illegal possession of breached radium dials; or had illegallytranported either breached or in tact radium dials from his facility at 10800 BurbankBoulevard, in North Hollywood, California.

--* History - North Hollywood Facility

Mr. Pearson has been under order (issued by DHS) since February 2, 2001 to not enterthe North Hollywood facility nor to remove any equipment or inventory from that facility.That order resulted from an investigation, which found Mr. Pearson was in possessionof several hundred thousand to one million aircraft dials and other gauges,approximately 30% of which contained radium, with approximately 10% of thosebreached, leading to:

1. High radon levels (approximately 3 rem per year based on a 1.5 hour perday occupancy);

2. Alpha contamination (both fixed and removable); and3. Radiation levels exceeding the 2 millirem in any one hour limit in an

unrestricted area (as that term is defined in 10 CFR 20.2003).

The extensive co-mingling of radioactive and non-radioactive dials, and in tact andbreached dials made it impossible to readily segregate the illegally possessed materialsfrom those legally possessed, without a comprehensive characterization andsegregation plan, requiring DHS review to ensure the quality of the proposed plan, thehealth and safety of the workers involved in implementing the plan, and the complianceof the plan with requirements respecting surveys, evaluations, transfer of material,tranportation of material, disposal, et al.

P

.Preservation AviationPage 2 of 5July 4. 2002

Subsequent to the February 2, 2001 order, issued jointly to Mr. Pearson and theproperty owners, a consultant was hired to prepare the plan, which was submitted toDHS on November 27, 2001. The plan v/as deficient in numerous significant ways, andDHS issued a deficiency letter via the Los Angeles County Office of RadiationManagement (the lead office for this facility) on April 9, 2002. To date, no response tothe April 9, 2002 letter has been received.

History at Chino Facility

On or about April 15, 2002, DHS received an allegation via the San Bernardino CountyHazMat office that the U.S. Environmental Protection Agency (EPA) had taken a callfrom an anonymous complainant stating that Mr. Pearson was entering the NorthHollywood facility, removing gauges, and transporting them to a hangar at ChinoAirport.

After discussion with the San Bernardino County HazMat staff, we were referred to theSBCDA's Supervising Investigator, Mr. Bill Sellers (909-891-3334), who, after conferringwith Mr. Glen Yabuno, Deputy DA, agreed to escort DHS staff to survey the exterior ofMr. Pearson's hangar at Chino Airport, if we could identify it.

This visit was accomplished on May 31, 2002. With the help of the Chino AirportManager's office, we were able to narrow down Mr. Pearson's hangar to Hangar 12,Building 320. The external survey indicated up to 10 microR per hour (uR/hr), and up to42,000 cpm above backgrounds of 5 uR/hr and 13,000 cpm, respectively. The resultsof these surveys are documented in a memo to Mr. Sellers from DHS, dated June 3,2002.

On June 5, 2002, staff from the Los Angeles County Office of Radiation Managementvisited the North Hollywood facility to try and determine whether gauges had beenremoved since the issuance of the February 2, 2001 order was issued. That officeprovided an interim report on June 19, 2002 stating there was photographic evidencethat products had been removed from part of the facility.

Based on the complainant's allegations, the confirmation that there were elevatedradiation levels at a hangar at Chino Airport alleged to be controlled by Mr. Pearson,and based on Mr. Pearson's history at the North Hollywood facility, Mr. Sellers drafted asearch warrant. On July 1 , 2002, DHS staff and Mr. Sellers again visited the ChinoAirport to confirm the radiation levels were still elevated, and they were. Hesubsequently had the search warrant signed, and it was executed at about 10:00 am,July 3, 2002.

Findings

Upon arrival on July 3, 2002, there was no one in Hangar 12. The facility appeared tocontain tens of thousands of gauges. Ambient radiation levels were 25-100 uR/hr, withdose-rates peaking at about 4.5 millirem per hour (mr/hr) at the surface of certain dials.

Presprvation AviationPago 3 of 5July 4, 2002

Alpha contamination was identified in a cabinet in the rear of the facility at levels ofapproximately 1 ,000 cpm per 100 cm2, and other areas were identified with levelsranging from 30-100 cpm per 100 cm2. The complete results of surveys performed willbe provided in a later report.

Several dials, confirmed to contain radium, were found with broken face plates. Otherfaceplates, confirmed to contain radium, were found separated from their gaugecasings, on work benches and desks.

These findings were adequate to determine that Mr. Pearson was in possession ofradioactive material requiring a specific license, in violation of California Health andSafety Code, section 1 15165, and that there were significant health and safetyconcerns, given the lack of radiological controls over the materials. In addition, the factthat Mr. Pearson has been on notice since at least February 8, 1999, that it is illegal topossess breached radium dials, and yet failed to notify DHS of his possession of thesedials in Chino, indicates that he may have willfully violated the laws and regulationsgoverning the use and possession'of radioactive material and may be willing to continueto violate these laws in the future.

Mr. Pearson arrived onsite during the search. He did not deny that he knew there werebreached radium dials in the facility. He indicated that he was also receiving gaugesand dials at his home in Anaheim, Ca (at 5308 Pamela Kay Lane), and DHS probablyneeds to pursue an investigation at that location as well.

The SBCDA and DHS staff explained to Mr. Pearson that he was in illegal possessionof the breached radium dials, and that he was ordered, pursuant to the California Healthand Safety Code, Section 115185 to cease to occupy the property at 700 MerrillAvenue, Building 320, Hangar 12, Chino Airport, Chino, California, and not permitted toremove items from the property without the express concurrence of DHS and SBCDA.He was told that a written order to that effect would be provided Friday, July 5, 2002.He said he understood and intended to comply. He requested to remove certainspecific items from the hangar and SBCDA and DHS staff agreed he could removethem. He removed:

1 . Airplane - without survey;1

2. Motorcycle - without survey;3. Motorcycle helmet - surveyed;2

4. Approximately 15 gauges - surveyed;5. One fax machine - surveyed; and6. One credit card authorization device - surveyed.

n 1 The airplane and motorcycle were not in contact with any of the gauges stacked around the facility.2 Those items that were surveyed were found to be essentially at background levels, using a Geiger-Mueller pancake probe and detector.

Preservation AviationPage 4 of 5July 4. 2002

SBCDA and DHS staff agreed to return on July 5, 2002 at 10:00 am to allow Mr.Pearson to retrieve approximately 20 packaged gauges received from another vendor,for re-shipment to customers, after a survey of the packages by DHS staff. DHS willprovide Mr. Pearson a copy of the written order to cease to occupy the premises at thattime.

The SBCDA had the facility's locks changed at the expense of DHS (who had previouslyagreed to pay for this service), and the SBCDA retains the only keys at this point. TheSBCDA has not made any decision as to whether or not Mr. Pearson might beprosecuted for his violations of the law. The facility is currently secured, posted with a"Caution, Radioactive Materials,"- sign, and a DHS "Impound" sign.

Health and Safety during the Search

The primary contaminant at this site is radium-226 and its daughters. This wasconfirmed by a portable gamma spectroscopy unit during the search. While radon is asignificant contributor to dose at facilities such as these, that hazard was mitigated byopening the large front hangar door during the conduct of the search, thus providingadequate ventilation to reduce or even eliminate the radon hazard during our presence.

At the North Hollywood facility, a radon dose of up to 3 rem per year, based on a 1.5hour per day occupancy, was calculated. Possession at this facility is 1 - 10% of that inNorth Hollywood, thus the dose is reduced by at least a factor of 1 0. Occupancy duringthis operation did not exceed 5 hours, so the maximum radon dose was approximately 4mrem.

That is with no allowance for the extensive ventilation, which substantially reduced, orpossibly even eliminated the radon hazard.

The ambient external dose rates varied from 25-100 uR/hr, so, under the worst ofcircumstances, on might expect an additional 0.5 millirem external dose.

The total dose then, would be no more than about 5 millirem.

All personnel were provided gloves and shoe covers, which were retained by DHS to beevaluated for disposal as radioactive waste. A cursory survey of this waste indicatedlevels of contamination at about twice the normal background levels.

P

Preservation AviationPage 5 of 5July 4, 2002

Conclusions

The anonymous allegations received through the San Bernardino County HazMat officeand EPA were partially borne out, in that Mr. Pearson did illegally possess breachedradium dials at a hangar at the Chino Airport. We were unable to establish that he wasalso illegally transporting gauges from North Hollywood to Chino.

DHS should take the following immediate actions:

1. Issue the written order to Mr. Pearson and the property owner to cease tooccupy the property at 7000 Merrill Avenue, Building 320, Hangar 12,Chino Airport, Chino, California, and to provide DHS a plan for thecharacterization and segregation of contamination and contaminatedarticles and other illegally possessed radioactive materials. As analternative, Mr. Pearson can seek licensure of his operations by RHB,which would include a radiation safety program for the safe use of theradioactive materials in his possession.

2. Investigate actions necessary to investigate the potential for contaminationor illegally possessed radioactive material at Mr. Pearson's home inAnaheim.

, 3. Communicate all findings to Mr. Sellers with the SBCDA's office.


P

p

ATTACHMENT B

P

p

p Individuals: Barbara Hamrick, Delia Aquino, and Donellc Krajevvski

Organizations: State of CA-DHS-RHB-Brea and LA County DHS

Date: 7-3-02 Contact Number: 714-257-2031

List of Meter(s) & Probes

MeterCode

MeterManufacturer

MeterModel

SerialNumber

Probe(s) ProbeModel

ProbeSerial #

CalibrationDate

Background Checksource

A12

Ludlum 14C 159431 yes44-9 PR163588

-

4-23-02

B12

Ludlum 19 148138 No 4-28-02

C1

r^2

Eberline RO-2 3948 No 7-24-01

D12

Ludlum 14C 149173 Yes44-9 PR1 53733

4-1-02

E12

Bicron FieldSpecN 0283/760 No 2-27-02

100 cpm

20jiR/hr

<0.1m!Uhr

50 cpm

22uR/hr

yes

DK

yes•

DK

yes

L DA

yes

BH

yes

DA

F

12

Ludlum 2224-1 154943 Yes

43-89 PR159851

3-12-02 0 cpm/houralpha

yes

BH

DK/Meter list foraV4-3-02

P

p

ATTACHMENT C

p

Wooden C

Benchwithdiallaceh

188uR/lir-"• o 7 •>' "

Work Bench

"S, «~.£i- 'V,

:440»

Gas Tank

Sink-

Fridge

Racks containing dials

254 uR/hr '

fcU95>:uRyKr,:r^feiss^ss

170uR/hr

Car

A35

llR/hr| Car

M

Misc Items

pi-/UiUK/nr^ift7,M.V*v-,,/',-v~i»y4!li i S^ l 'IC'; ffS5tiaKJ*ssspsj

i^VC-Es.

* *^ ***,'i,vj J"y j

iSi sSS^

HBoxes containing dials

83 uR/iirr

Car

oToilet

Containingdials

Sink

50uR/hr

Rack containing dials

45uR/hr


uR.hr


73'uR/hr


Racks containing dials

Boxes containine dials

Chino Airport (Hangar #12)7/3/02 - Diagram 1

Wooden.rf7 //16

Pencilvithlialaces

#8#4

#14 #13 //ISWork Bench

Car

A

\J

#20

Gas Tank

B)#10 ffll (drain)

Sink

Fridge

Racks containing dials Misc Items

Car

nBoxes containing dials

Car Airplane

Boxes containinc dials

Racks containing dialsChino Airport (Hangar #12)7/3/02 - Diagram 2

O--kRack

Jbontaining'

Sink

Toilet #18

dials

Rack containing dials #12


Rack containing dialstni


DeskBookcase

X^ Motorcycle S

Drawers

Wipes taken on 7/3/02 at Chino Airport (Hangar #12)Wipe Number

23•1567891011121314151617181920

2122--

Location

Floor (around the desk)Floor (around the desk)Floor (around the desk)Floor (around the desk)Floor (around the desk)Floor (around the desk)Floor (around the desk)Floor (around the desk)Sink surfaceSink drainageBox labeled 1426 (3ru shelf from top)Desk (middle top)Desk (octagonal piece on the desk)Desk (leftside top)Inside Rear cabinetInside Rear cabinetAround base of toiletBendix Airspeed indicator (in tact)Air Equipment altitude indicator • •(broken)Small temperature indicator (broken)Pioneer altitude indicator (broken)Open dial face on work bench againsteast wall

Direct alpha contamination readingCpm/100 square centimeters (except as noted)Above backgroundAbove backgroundAbove backgroundAbove background30 (30 second count)Above backgroundAbove background35 (30 second count)ZeroZeroNot takenNot taken9,000 (total area about 6 square centimeters)500 (over open dial face on desk)8001,00078 (30 second count)Not takenNot taken

. Not takenNot taken3,000 (over open dial face)

memo: supplement to 7/3/02 interim rpt - 5010# 041502 ... · non-intact or radioactively...

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