DRC-2012-003661 - 0901a068808221ab

" State of Utah
GARY R. HERBERT
Governor
GREC BELL
Lieutenant Governor
i.purt*"nt of
Environmental Quality
Amanda Smith
Executive Director
DTVISION OF RADIATION CONTROL
Rusty Lundberg
Director
Aprll16,2012
CERTIFIED MAIL
(Return Receipt Requested)
Jo Ann Tischler, Director, Compliance and Permitting
Denison Mines (USA) Corp.
1050 Seventeenth St. Suite 950
Denver, Colorado, 80265
Subject: Denison Mines.USA Corp. (DUSA) March 26,2012 Response to DRC I't Quarter, 2}ll,2"d
Quarter, and 3'" Quarter, 2011 Groundwater Monitoring Reports RFI and NOED: DRC
Findings, Approval to Return Monitoring Well MW-l1 to Baseline Monitoring for THF
and Request for Information
Dear Ms. Tischler:
The Division of Radiation Control (DRC) has reviewed the March 26,2012 DUSA response (and
attachments) to the February 7 , 2072 DRC Findings/Advisories, Notice of Enforcement Discretion
CNOED) and Request for Information (RFI) Letter regarding DRC review of the 1", 2nd , and 3'd Quarter201i Groundwater Monitonng Reports for the White Mesa Uranium Mill.
Summary of DRC/DUSA April5,2010 Conference Call Regarding Out-of-Compliance (OOC)
Reporting and Monitoring Acceleration
DUSA states in the March 26,2012 response that based on an agreement made between DRC and DUSA
during a telephone conference call on April 5, 20i0, DUSA is not required to implement accelerated
monitoring untll"the monthfollowing the submission of the Exceedence Noticefor a specified quarter."
Based on DRC review of notes taken during the April 5,2010 telephone conference (Loren Morton
415170,0900), DUSA verbally requested to wait until the end of the quarter to send in the notice of out-of
compliance status - but within 30 days of the last lab report that DUSA receives.
The Groundwater Permit,Part I.G.1.b. requires accelerated monitoring to begin immediately following
the date of receipt of the data showing the GWCL exceedence. This was the basis of the DRC February
7,2072 NOED which noted that accelerated monitoring should have started during April, 2011. Also, the
Groundwater Permit Part I.G.4.c. requires the submission of a plan and time schedule for assessment of
the sources of the GWCL exceedences within 30 days of detection of the out of compliance status but
does not state that the 30 day clock begins upon receipt of the last analytical report for the sample batch.
195 North 1950 West . Salt Lake Ciry, UT
Mailing Address: P.O. Box 144850 . Salt lake City, UT 84114-4850
Telephone [phone]. Fax [phone] . T.D.D. (801) 5364414
ww.deq.ulah.gov
Printed on I 00% recycled paper
Jo Ann Tischler
Page2
Therefore, DRC notes that the procedures discussed during the April 5, 2010 telephone discussion do not
agree with the current permit requirements.
In order to formalize the April 5, 2010 discussion items related to out-of-compliance reporting and
sampling, please provide a written request for a groundwater permit modification (groundwater permit,
out-of-compliance notification and accelerated monitoring requirements) for Executive Secretary review
and approval. Note that the DRC will review accelerated monitoring actions by DUSA according to the
currently approved groundwater permit as of the date of DUSA receipt of this letter.
Also, DRC notes that there is currently no specified maximum time limit for the contract laboratory to
deliver the analytical report to DUSA. Per review of the 4s Quarter 2011 White Mesa Ground Water
Monitoring Report, dated February 28,2012, DRC noted that per Table 1, most of the samples were
collected in early October (October 3,4,5,6,ll,12 of 2011) but the laboratory analytical package was
not received by DUSA until late December (December 22 and 27 , 2011). This is a turnaround time of
approximately I I weeks which seems unreasonably long.
In order to insure timely data submission, review and acceleration of monitoring frequencies for OOC
parameters, please include a maximum time period for analytical report receipt from the laboratory of 30
days from sample receipt by the contract laboratory.
Approval to return Monitoring Well MW-ll to Baseline Monitoring for Tetrahydrofuran (TIIF)
DRC acknowledges the DUSA response to the January 25,2011 DRC RFI regarding confirmation as to
whether TIIF is stored at and,/or used in the White Mesa Mill operations with the March 26,2012letter.
Per the response DUSA states"Denison has never purchased, stored or used THF as a reagent, solvent
or additive to the Mill's processes."
Based on the recent monitoring data for THF and well MW-I1 (21 consecutive sampling results for TIIF
below the GWCL of I1.5 pglL), the Executive Secretary approves the March 26,2012 DUSA request to
retum monitoring well MW-l I to baseline quarterly ground water monitoring for THF,
Request for Information, DUSA White Mesa Milt QAP Revision 7:
Based on DRC review of the redline revised QAP, Revision 7, DRC has the following cornments.
Table qf Contents - Add QAP Attachments and Appendices to the table of contents
General Inclusion - DRC notes that there is no requirement for a maximum time period for the laboratory
to deliver an analytic report to DUSA in the current QAP. In order to insure timely data submission,
review and potential acceleration of monitoring frequencies, please include a maximum time period for
analytical report receipt from the laboratory of 30 days from lample submission.
Section 43.2, Attachment 2-5 Eguinrnent Rinsate Samoles - DRC notes that the QAP specifies a rinsate
sample to be taken at the beginning of the day and after decontamination. This implies that a rinsate
sample will be collected after each sampling location. The DRC believes it would be appropriate to
collect equipment rinsate samples for one per every 20 samples collected.
Section 7.3 Record Keeping - Add a requirement that copies of the current contract laboratory
certifications and Utah Bureau of Laboratory Improvement approved parameters and methods will be
kept at the White Mesa Mill.
Jo Ann Tischler' Page3
Auachment I-2 - Update the date of preparation and revision number on the field sheet
Appendix 8.2. - Add wells TWN-6 and TWN-16 to the list of Nitrate Wells to be maintained for depth to
water measurements.
Please update the QAP and provide a redline copy and final within 30 calendar days of receipt of this
letter for review and approval.
If you have questions regarding this letter please contact Tom Rushing at [phone].
UTAH WATER QUALITY BOARDWW(l
Rusty Lundberg v U
Co-Executive Secretarv
RL:TR:tr
F:\DUSA\Groundwater Reports90l l Groundwater ReportsV0l I lst,2nd and 3rd Qtr Review\DUSA Response to NOED\DRC Response Letter
RFl.docx