DRC-2017-011534 - 0901a06880dbde6e

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 20, 2017

Lauren Kaljur
Unit A 1320 West Fillmore Street
Phoenix, AZ 85007
RE: Response to Email Dated July 13, 2017

Dear Ms. Kaljur:

Your electronic mail dated July 13, 2017 sent to the Division of Waste Management and Radiation Control’s Government Records Access Management Act (GRAMA) Specialist contained the following
request:

“Could you please confirm for me that, at the Salt Lake City White Mesa Uranium Mill permitting
meeting in June of this year, state officials confirmed that Energy Fuels’ permit does not require them to inform residents of White Mesa in the event of an accidental release of radioactive waste or other
emergencies? Or let me know who can confirm or deny this?”

The Utah Radioactive Materials License issued by the Division does not require Energy Fuels
Resources, Inc. (EFRI) to notify residents of Blanding or the residents of the White Mesa Community in the event of an accidental release of radioactive material or any emergency situation that arises. There
are specific requirements in the Utah Administrative Code that require EFRI to report radioactive
material incidents and releases of radioactive materials that meet certain criteria to the Division Director
within specified time frames. EFRI is also required to report accidental releases of radioactive materials
or other emergencies when certain conditions are met. The Utah Administrative Code also does not alleviate the licensee from complying with reporting requirements of other federal, state or local
agencies. However, the Division does not have the authority to compel compliance with the
requirements of other agencies.

Condition 9.2 of the White Mesa Uranium Mill’s Radioactive Material License (RML) requires the Mill to notify the Division in accordance with R313-15-1202 and R313-19-50 of the Utah Administrative Code. Due to the kinds and quantities of materials received and processed at the Mill, the typical
incident that may occur would require notification to the Division within 24 hours. EFRI would then be
required to file a written report with the Division regarding the incident within 30 days.
DRC-2017-005081 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone] www.deq.utah.gov Printed on 100% recycled paper

Transportation incidents are required to be reported in accordance with United States Department of
Transportation requirements which would mean the shipper is responsible for reporting the incident in
compliance with 49 CFR 171.15. The shipper is required to notify the National Response Center as
soon as possible but no later than 12 hours after the incident. Please note that the Mill is not the shipper of the materials.

If the incident requires emergency response (e.g., a fire or a chemical spill), the Mill would follow its
Emergency Response Plan and contact local emergency responders (fire department, sheriff’s
department, etc.)
Please note that the radioactive materials received and processed at the Mill are not high level
radioactive materials. The final product the Mill produces is yellowcake which must go through
conversion and enrichment at other facilities before it becomes concentrated to the point that it can be
used as fuel for a nuclear power plant. The Mill is the first step in this process and material at the Mill does not have the same level of hazards found at a nuclear power plant. The material at the Mill cannot
cause a fisson event to occur, so the emergency response requirements for power plants do not apply to
the Mill.

If you have any questions, please call Phil Goble at [phone] or Ryan Johnson at [phone].
Sincerely,

Scott T. Anderson, Director
Division of Waste Management and Radiation Control

STA/RMJ/ka