United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19406

Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-97-161 December 22, 1997

Contact: Diane Screnci (610/337-5330) FOR IMMEDIATE RELEASE

Neil A. Sheehan (610/337-5331)

NRC PROPOSES $4,400 CIVIL PENALTY FOR STROH BREWERY COMPANY

FOR UNAUTHORIZED DISPOSAL OF GAUGES HOLDING RADIOACTIVE MATERIAL

The Nuclear Regulatory Commission staff has proposed a

$4,400 fine for the Stroh Brewery Company for a violation of

agency requirements at the firm’s Fogelsville, Pa., plant. The

violation stems from the unauthorized disposal of generally

licensed radioactive material contained in measuring devices used

at the brewery.

While a significant regulatory concern to the NRC, the

unauthorized disposal was at no time a threat to the safety of

beer manufacturer’s customers. The radioactive material,

americium-241, was contained in fill-level gauges designed to

check the level of beer in cans, bottles and kegs.

Stroh was also cited, but not fined, for a second

violation: a failure to perform required leak tests of its filllevel gauges at the required interval -- every six months -- from

1981 to July 1997.

A predecisional enforcement conference to discuss the

violations was held at the NRC Region 1 office in King of

Prussia, Pa., on November 12.

That meeting was prompted by the discovery that on July

28, the plant, during a cleanup effort, inadvertently disposed of

at least one of the gauges. The device, holding 100 millicuries

of americium-241, was transferred to a recycling firm not

licensed to accept it. The scrap metal hauler, in turn,

delivered the device to a recycling facility, Royal Green Metal

Recyclers in Temple, Pa., where it was mistakenly placed into a

shredder and damaged. That resulted in isolated contamination of

surrounding scrap material, though 100 millicuries of americium241 had the potential for much more significant contamination.

The material was then shipped to a Michigan recycling

company, where it caused a radiation monitor to alarm, after

which it was sent back to Royal Green.
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A second identical gauge that also was removed during the

cleanup remains unaccounted for, with Stroh continuing to search

for it.

“The first violation is of very significant regulatory

concern because it not only resulted in (radioactive) material

being uncontrolled in the public domain, but also, as a result of

the shredding of the material, it could pose a threat to

individuals if ingested or inhaled,” NRC Region 1 Administrator

Hubert J. Miller wrote in a letter to Stroh announcing the

enforcement action.

“The NRC recognizes,” Mr. Miller continued, “that the

resulting americium-241 contamination was not likely to be

ingested or inhaled because there was no evidence of the spread

of contamination at the Royal Green facility beyond the shredded

non-ferrous residue. Nonetheless, this violation could have had

high potential impact on the public, such as workers handling the

material at the Royal Green facility after it was shredded, as

well as workers at the Michigan facility had the material been

accepted there.”

Stroh has 30 days to pay the fine or to request in writing

that all or part of the penalty be withdrawn.

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