DRC-2017-011543 - 0901a06880dbde7d

State of Utah
GARY R. HERBERT
Govemor
SPENCER J. COX
Lieutenant Govemor
IN THE MATTER OF:
Department of
Environmental Quality
Alan Matheson
Executive Director
DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Scott T. Anderson
Director
November 2, 2017
Renewal of 11e.(2) By Product License No. UT 1900479
Renewal of the Groundwater Quality Discharge Permit No. UGW370004
Energy Fuels Resources, Inc.
White Mesa Uranium Mill
San Juan County, Utah
NOTICE REGARDING SUBMISSION OF SUR-REPLY COMMENTS
TO: UTE MOUNTAIN UTE TRIBE
GRAND CANYON TRUST
URANIUM WATCH
FRIENDS OF CEDAR MESA
MARK KERR
In the above-referenced matter, the Division of Waste Management and Radiation Control has received
detailed comments from a variety of sources. These comments are available on the Division's website
on the page referenced below. Some of these comments are especially detailed and several commenting
parties have submitted supplemental information with their comments. This notice relates specifically to
the comments submitted by the parties listed above. These comments include those submitted by the
Ute Mountain Ute Tribe, the Grand Canyon Trust, Uranium Watch, Friends of Cedar Mesa and
Mark Kerr (the "Comments").
While the public comment period for this matter is now closed, the procedural provisions governing the
permit review process set forth in the Utah Code anticipate that UDEQ division directors may solicit
supplemental information in response to public comments. See Utah Code Section 19-1-
301.5(9)(b)(vii). The statute does not afford the right to any person to unilaterally supplement the
record, only in response to a request made by a division director. If the director then designates such
requested information as the basis for the decision on any given permit order, it will become part of the
official administrative record. Id.
DRC-2017-008542 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 I 00% recycled paper
Notice Regarding Submission
of Sur-Reply Comments
Page2
To assist the Division in its review of the Comments and to help create a more balanced administrative
record, the Director has solicited the submission of reply comments from Energy Fuels Resources
pursuant to a request dated October 2, 2017, addressing the following specific Comments:
Ute Mountain Ute Tribe
Part 1 Comment 1-111-D Regarding Sec. 9.7 Cultural Resources Protections: The Tribe requests
that procedures be implemented by the State of Utah at the White Mesa Mill for repatriation of
human remains and related artifacts in the same manner as the Native American Graves
Repatriation Act (NAGPRA).
Part 1 Comment 1-III-E: The Tribe would like the Tribal Historical Preservation Officer to be
added to the Memorandum of Agreement and have the Tribe provide comments and amendments
to the current MOA.
Part 1 Comment 1-111-Q: The Tribe requests that the Emergency Preparedness Plan be amended
to include notification procedures to the White Mesa Community and Ute Mountain Ute Tribal
officials. In addition, there are no specific procedures in the Emergency Response nor
Environmental Monitoring Handbook for trucks delivering specifically delivering ISL Material;
these need to be developed.
Part 3 (all of section 6)
Mark Kerr
All
Uranium Watch
Section 4.10 (including 4.1 0.1 through 4.1 0.5)
Grand Canyon Trust
Focus on Rec Plan 5.1 with specific attention paid to milestones, sequencing of closure and Cell
1 Liner (Sections III(B), (C) and (G))
In compliance with this request, Energy Fuels Resources has submitted reply comments that are
currently under review and consideration. These reply comments are available online at the following
address: https://deq.utah.gov/businesses!E/energyfuels/noticesswman.htm#efr
Given the complexity of the issues relating to this matter, at this time, the Director would like to provide
an opportunity for the original commenting parties referenced above to submit sur-reply comments as to
reply comments, on or before November 17, 2017. This request is optional and the submission of sur-
reply comments is not required and failure to do so will have no impact on the Division's consideration
of the Comments and will in no way implicate the legal principles of estoppel, waiver or similar
doctrines.
Notice Regarding Submission
of Sur-Reply Comments
Page 3
If submitted, sur-reply comments must be strictly limited to the scope of the reply comments or they will
not be considered by the Director and will not become part of the administrative record.
The Director's intent is to create a more complete and balanced administrative record for review and to
serve the interests of due process. The Division does not intend to respond directly to either reply or
sur-reply comments. Rather, it is the Director's intent to have this information in the record so that it
may be considered prior to the time that the Director reaches a final decision in this matter. The
Division also believes that reply and sur-reply comments will help others who may be asked to review
the administrative record and the Division's permitting orders. Thus, this extended review process
should serve the interests of transparency and efficiency on all levels.
If you have any questions, please call Bret Randall, Assistant Attorney General, at [phone].
Scott T. Anderson, Director
Division of Waste Management and Radiation Control
STNal
c: Bret Randall, Assistant Attorney General, Attorney General's Office