DRC-2024-007573

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
November 18, 2024 CD-2024-236
Mr. Doug Hansen, Director Division of Waste Management and Radiation Control P.O. Box 144880 Salt Lake City, UT 84114-4880
Subject: Radioactive Materials License UT 2300249: Responses to Compliance Advisory No. 2410003 Dear Mr. Hansen:
EnergySolutions is responding to a request for information1 (Request) from the Director of the Division of Waste Management and Radiation Control (Division) concerning compliance with Condition 9.C of Radioactive Material License UT2300249 (License), and associated compliance with Part I.E.7 of Groundwater Quality Discharge Permit UGW450005 (Permit).2 To ensure a correct and comprehensive administrative record on
this issue, the Director requested that EnergySolutions provide detailed responses and the hereto attached findings from an investigation into the Director’s concerns and any associated non-compliances.
EnergySolutions disputes the non-compliance with License Condition 9.C and any
apparent violation to Condition 10 of the Permit. However, EnergySolutions values the
opportunity to improve its waste operation and facility construction processes, viewing as a best practice the staging of contaminated operating equipment at locations at which 2 feet of compacted clay has been placed in accordance with Work Element “Clay Liner Placement” in the LLRW and 11e.(2) Construction Quality Assurance / Quality Control (CQA/QC) Manual (revision 28c). EnergySolutions hereby responds individually to the
Director’s issues of concern:
Director’s Concern: On September 12, 2024, representatives of the Division conducted a compliance evaluation inspection at the Respondent’s facility. Contrary to GWQD Permit Condition 10, contamination was found by Division staff on an unapproved waste management area… [S]oil sampling by EnergySolutions confirmed contamination by as seen in response (DRC-2023-001783) in an area called the “Bone Yard.” The Bone Yard is located in the east side drainage area and used to store equipment in disrepair that was previously used in waste placement

1 Hansen, D.J. “Compliance Advisory No. 2410003: Compliance Evaluation Inspection - Radioactive
Material License Number UT 2300249” (DSHW-2024-007062) Letter from the Division of Waste Management and Radiation Control to Vern C. Rogers of EnergySolutions. November 6, 2024.
2 Anderson, J. “Groundwater Quality Discharge Permit (GWQDP) Number UGW450005 and Radioactive Material License UT 2300249: Response to East Side Rotary Project Enforcement Concerns” (CD-2022-082). Letter from EnergySolutions to Mr. Doug Hansen of the Division of Waste Management and Radiation Control. April 25, 2022.
Mr. Doug Hansen CD-2024-236 November 18, 2024 Page 2 of 4

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
and embankment construction. The Bone Yard is not an approved facility in the GWQD Permit and it is unlined.
EnergySolutions’ Response: Condition 10.A of Radioactive Material License
UT2300249 authorizes EnergySolutions to:
“The Licensee may receive, store, transload, and dispose of licensed
material at the Licensee's facility located in Section 32 of Township 1 South and Range 11 West, SLBM, Tooele County, Utah…”
In accordance with this authorization, EnergySolutions has stored or staged since
before 2007 aging equipment used in waste management and embankment
construction that is no longer in service at designated locations, commonly referred to as "Boneyards." This legacy equipment is retained for several purposes: to salvage parts for maintaining active equipment, to collect materials for future shredder resizing campaigns, and to plan for its eventual disposal once
optimal capacity needs are determined. This practice has been carried out in
coordination with the Director and in compliance with licensing requirements. It has also been regularly reported since 2008 to the Director as part of the Annual As-Built Reports, produced as required by Part I.H.6 of the Permit (as exemplified in Exhibit A).
Additionally, License Condition 22.A requires EnergySolutions to regularly survey contamination at locations within and adjacent to the Licensed Restricted Area, many of which are not situated on compacted clay liners. Recognizing the potential for contamination within the Licensed Restricted Area, these surveys—conducted in accordance with CL-RS-PR-115, Radiological Surveys—are used to
evaluate the effectiveness of EnergySolutions' Radiation Protection Program (CL-RS-PG-001) and to continuously improve the application of its ALARA Program (CL-RS-PG-002). The data from these contamination surveys also help inform adjustments to operational practices, reducing the risk of contamination spreading beyond the Restricted Area. This is further evaluated through
atmospheric dust and soil sampling in accordance with the Environmental Monitoring Plan.
Finally, contamination remediation is included in the funds that EnergySolutions secures and annually reviews as part of the surety required for the closure of the Clive Facility. Rather than attempting to prevent all contamination spread within
the Restricted Area—which would be inconsistent with License Condition 10—
the surety ensures that adequate funds are available for site decommissioning and reclamation (of areas on and not on clay liner) should EnergySolutions be unable to provide the necessary funds at the time of closure. These funds are sufficient to
Mr. Doug Hansen CD-2024-236 November 18, 2024 Page 3 of 4

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
cover the removal of contamination, treatment and/or disposal of all contaminated equipment, structures, and soils (excluding those located on the liner), placement of waste material into the appropriate disposal embankments, closure of the
embankments, and performance of post-closure monitoring, inspections, and
long-term surveillance.
EnergySolutions believes that the recent decision to require complete avoidance of contamination within all areas of the Licensed Restricted Area may not align with the requirements for surety fund calculation, the conditions of the License, or
longstanding compliance practices. We respectfully disagree with any suggestion of non-compliance with License Condition 9.C and Condition 10 of the Permit.
Director’s Instruction: Please submit as soon as possible plans to move contaminated equipment to an approved waste handling facility. Please add this new approved area to the GWQD Permit as an approved area for waste
management. In addition, since the soil contamination and groundwater contamination for this Bone Yard area is currently unknown, please submit plans to remediate the Bone Yard area as soon as possible.
EnergySolutions’ Response: EnergySolutions does not consider its well-established practice of staging spent equipment in unlined areas within the
Licensed Restricted Area to be non-compliant. However, the company recognizes
the value of improving its practices and considers it a best practice to relocate such equipment to a more advanced Boneyard. This Boneyard will include a minimum of two feet of compacted clay, constructed according to the "Clay Liner Placement" Work Element in the LLRW and 11e.(2) Construction Quality
Assurance / Quality Control (CQA/QC) Manual (revision 28c). The following
steps outline the plan for remediating and improving the staging area:
1) Removal of Equipment from the Current Boneyard: EnergySolutions has initiated the relocation of equipment currently stored in the Boneyard north of the 1997 Evaporation Pond. The equipment is being relocated to
the Shredder Facility concrete containment pad, which is an approved BAT waste management facility, for temporary storage until a new Boneyard is constructed and approved for use. Barring any unforeseen complications and/or inclement weather, the transfer will be completed by December 24th, 2024. The “Site Boneyards Map” included with the annual
as-built reports will be updated to show the temporary Boneyard.
Mr. Doug Hansen CD-2024-236 November 18, 2024 Page 4 of 4

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
2) Initial Remediation Action: Within 30 days of completing the removal of salvaged equipment and weather permitting, EnergySolutions will remove the surface materials, within the bermed footprint of the current Boneyard
(leaving the berms and radiation postings in place), to a depth of approximately 12 inches. All removed material will be handled and managed as waste in the Class A West disposal embankment. At that point, remediation activities will be suspended until a more detailed remediation plan is approved by the Division.
3) New Boneyard Plans and Remediation Plan: Concurrent with Steps 1
and 2, EnergySolutions will prepare and submit remediation plans for the current Boneyard and construction plans for a new Boneyard facility. Both plans will be submitted to the Director no later than December 24, 2024 for review and approval. Additional remediation of the current Boneyard
and construction of a new Boneyard will not occur until approval to proceed is provided by the Directors. The schedule for remediation and construction will be dependent upon Director approval, but it is EnergySolutions intent to complete both by August 31, 2025.
4) As-Built Report: An As-Built report documenting the current Boneyard
remediation and new Boneyard construction will be submitted to the
Director, in accordance with License Condition 48.C. This report will also include a request to modify the Permit to recognize the new Boneyard as an approved area for waste management, once Director approval is received
EnergySolutions appreciates the Director’s continued support for enhancing waste management practices and the opportunity to provide corrected information for the Facility’s official records. Should you have any questions regarding this response, please feel free to contact me at [phone].
Sincerely,
Vern C. Rogers
Director of Regulatory Affairs enclosure

Vern C.
Rogers
Digitally signed by Vern C. Rogers
DN: cn=Vern C. Rogers, o=EnergySolutions, ou=Waste Management Division, email=vcrogers@energysolutions.c
om, c=US
Date: 2024.11.18 11:48:59 -07'00'

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
EXHIBIT A 2021 Site Boneyards Example Engineering Drawing 21004-V01 (submitted to the Director on December 1, 2023 via CD-2021-145)
11/30/2021