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DRC-2018-003236 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone (801) 536-0200 • Fax (801) 536-0222 • T.D.D. (801) 536-4284 www.deq.utah.gov Printed on 100% recycled paper
State of Utah
GARY R. HERBERT Governor SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director
July 25, 2018
Vern Rogers, Manager
Compliance and Permitting EnergySolutions, LLC 299 South Main Street, Suite 1700 Salt Lake City, Utah 84111
RE: Self-Identified Noncompliance with Condition 27 ES CD17-0285 Letter, December 20, 2017 Notice of Enforcement Discretion Radioactive Material License No. UT2300249
Dear Mr. Rogers: The Division of Waste Management and Radiation Control (Division) has completed its review of EnergySolutions’ letter dated December 20, 2017 (CD17-0285) describing a self-identified
noncompliance of Radioactive Material License UT2300249, License Condition 27. An investigation of
the matter conducted by the Division confirmed the violation of Condition 27 of Radioactive Material License UT2300249 and 49 CFR 173.421(b). RML2300249 L.C. 27 states: “Vehicles, containers, facilities, materials, equipment or other items for
unrestricted use shall not be released from the Licensee's control if contamination exceeds the limits
found in Table 27-A. When not released from Licensee’s control for unrestricted use, conveyances
released for commercial transport of radioactive waste or materials shall comply with the requirements and applicable contamination limits set forth in 49 CFR 173 and the requirements of 10 CFR 71.5.” 49 CFR 173.421(b) states: “The radiation level at any point on the external surface of the package does not exceed 0.005 mSv/h (0.5 mrem/h);” This requirement refers to packages shipped in accordance with
49 CFR 173.428, ‘Empty Class 7 (radioactive) materials packaging.’ Contrary to above requirements, it was noted that on December 19, 2017, EnergySolutions received notice from a generator that an external contact dose rate of 5 mR/hr was observed on Intermodal ESSU100657. This package was surveyed and released from the EnergySolutions Clive facility on
December 15, 2017. The noncompliance was self-identified by EnergySolutions. (Over)
195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone (801) 536-0200 • Fax (801) 536-0222 • T.D.D. (801) 536-4414 www.deq.utah.gov Printed on 100% recycled paper
This letter constitutes a Notice of Enforcement Discretion (NOED) in this matter in accordance with
R313-14 of the Utah Administrative Code in consideration of its minimal public health and environmental safety significance. You are hereby requested to submit to this office within 30 days of receipt of this NOED a written summary of actions taken to address this violation and to prevent its recurrence.
If you have any questions, please call Kevin Carney at (801) 536-0084. Sincerely,
Scott T. Anderson, Director Division of Waste Management and Radiation Control
STA/KJC/km
c: Tom Brown, Site RSO Jeff Coombs, EHS, Health Officer, Tooele County Health Department Bryan Slade, Environmental Health Director, Tooele County Health Department