DRC-2024-007433

Deq submit <[e-mail]>
Fwd: CD-2024-216: Responses to Compliance Advisory 2410002 -2024 Wastewater
Evaporation Pond Compliance Evaluation Inspection (Groundwater Inspection
Module 3)
1 message
LLRW DWMRC <[e-mail]>Tue, Nov 5, 2024 at 7:31 AM
To: Deq submit <[e-mail]>
DRC
---------- Forwarded message ---------
From: Vern C. Rogers <[e-mail]>
Date: Mon, Nov 4, 2024 at 3:39 PM
Subject: CD-2024-216: Responses to Compliance Advisory 2410002 -2024 Wastewater Evaporation Pond Compliance
Evaluation Inspection (Groundwater Inspection Module 3)
To: LLRW DWMRC <[e-mail]>
Cc: Kristina M. Garcia <[e-mail]>, Karen Kirkwood <[e-mail]>, Robert
W. Sobocinski <[e-mail]>
Dear Mr. Hansen:

EnergySolutions hereby responds to Compliance Advisory No. 2410002[1] from the Director of the Division of Waste
Management and Radiation Control (Director) concerning compliance with Radioactive Material License UT2300249 (the
License), Ground Water Quality Discharge Permit No. UGW450005 (the Permit), Utah Administrative Code (UAC) R313
(the Rules), and the Utah Radiation Control Act (the Act) at the Clive site. 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 a root cause investigation into potential non-compliances. EnergySolutions values the
opportunity to improve its infrastructure and facility construction process. EnergySolutions responds in the attached
individually to the Director’s two specific issues of concern.

In response to the Director’s concerns that signs of native soil erosion at select locations of the Restricted Area perimeter
fence line may be contrary to requirements that EnergySolutions to operate in a manner that minimizes the release of
residual radioactivity to the environment [UAC R3l3-15-406(2)] and that prevents contact water from leaving the licensed
Restricted Area, the Director instructed EnergySolutions to assess whether non-compliant conditions exist, and if so, what
actions would be necessary to correct those conditions. The Director also requested that EnergySolutions consider
improvements to licensed waste management operations. No evidence of licensed waste was observed in native soils
from the Restricted Area perimeter, exit gates, or radial locations distant from the Restricted Area perimeter.
EnergySolutions management of licensed waste is not in violation UAC R313-15-406 or Permit requirements related to
the soil erosion (as observed by staff). Analyses of root causes of non-compliances are unwarranted. Even so,
EnergySolutions appreciates the Director’s support for its commitment to continuous improvement. Included in the
attached, Condition Report CR-2024-0959 by which EnergySolutions has evaluated opportunities for enhancing the
control of contamination outlined in CL-RS-PG-002, the Radiation Protection Program, and CL-RS-PG-001, the ALARA
Program, along with the facility’s related procedures. Additionally, this analysis evaluates the implications of daily
freeboard measurements on decisions regarding the transfer of contact precipitation to the 2000 Evaporation Pond, as
well as the effects of non-contact water and native soil transfer beyond the restricted area berms and fencing.

EnergySolutions appreciates the opportunity to respond to the Director’s request for corrected information. Please contact
me at [phone] if you have questions regarding this information.

11/5/24, 8:15 AM State of Utah Mail - Fwd: CD-2024-216: Responses to Compliance Advisory 2410002 -2024 Wastewater Evaporation Pond Complia…
https://mail.google.com/mail/b/AEoRXRTmUPPYqoxUuPKPa4ZEFHjBQ-jVVCrhfmXNEZqbd_v7Zh1m/u/0/?ik=adf9d5e615&view=pt&search=all&permt…1/2
Thank you,

Vern C. Rogers | ENERGYSOLUTIONS
299 South Main Street, Suite 1700
Salt Lake City, UT 84111

PHONE: [phone]
DIRECT: 801.649.2253
MOBILE: [phone]
FACSIMILE: 801.880.2879
EMAIL: [e-mail]

CONFIDENTIALITY NOTICE: This electronic message transmission contains informaon from the firm of ENERGYSOLUTIONS, which is confidenal and privileged,
in accordance with Utah Code 63G-2-309. The informaon is intended to be for the use of the individual or enty named above. If you are not the intended
recipient, be aware that any disclosure, copying, distribuon or use of the contents of this informaon is prohibited. If you have received this electronic
transmission in error, please nofy me by telephone [phone]) or by electronic mail ([e-mail]) immediately. Nothing herein or in
the message above is intended to create a contractual relaonship.

[1] Hansen, D.J. “Compliance Advisory No. 2410002 - 2024 Wastewater Evaporation Pond Compliance Evaluation
Inspection, Groundwater Module 3 Inspection Ground Water Quality Discharge Permit (Permit) No. UGW450005
Radioactive Material License UT2300249” (DRC-2024-006932) Letter from the Division of Waste Management and
Radiation Control to Jonathn Anderson of EnergySolutions. October 7, 2024.
CR-2024-0959.pdf
405K
11/5/24, 8:15 AM State of Utah Mail - Fwd: CD-2024-216: Responses to Compliance Advisory 2410002 -2024 Wastewater Evaporation Pond Complia…
https://mail.google.com/mail/b/AEoRXRTmUPPYqoxUuPKPa4ZEFHjBQ-jVVCrhfmXNEZqbd_v7Zh1m/u/0/?ik=adf9d5e615&view=pt&search=all&permt…2/2
DRC-2024-006932 Groundwater Quality Discharge
Source: Assessment Report Number: DRC-2024-006932
Owning Organization: Waste Management Project/Site: Clive Functional Area: Regulatory Affairs/Licensing
Description:
Compliance advisory No. 2410002 was sent from DWMRC which identified the following
1. Utah Admin. Code R3l3-15-406(2) states: "Licensees shall, to the extent practical, conduct operations to minimize the introduction of
residual radioactivity into the site, including the subsurface, in accordance with the existing radiation protection requirements in Utah
Admin. Code R313-15-101 and radiological criteria for license termination in Utah Admin. Code R3l3-15-1401 through Utah Admin. Code
R3l3-15-1406."
2. Ground Water Quality Discharge Permit No. UGW450005 Part 1.E.14.c states: “All contact water (storm water or operational) shall not
leave the restricted area within Section 32.”
While conducting the 2024 Wastewater Evaporation Pond Compliance Evaluation Inspection on September 5, 2024, Division staff observed
several erosional features on the surrounding area of the 2000 Evaporation Pond. Upon inspection, the erosional features observed
indicated the movement of storm water and soil from inside the restricted area within Section 32 through the fence line to an unrestricted
area. Additionally, inspectors observed that the spillway of the 2000 pond, in the event of an overflow, is designed to discharge through the
fence to the same unrestricted area. As a result of these findings, Division staff made a subsequent visit to the Clive site to further
investigate the management of potential uncontrolled releases of material around the perimeter of the restricted area within Section 32. On
September 20, 2024, inspectors identified additional areas where erosional features within the restricted area of Section 32 appeared to
indicate the movement of material through the fence line to unrestricted areas of the Site, including but not limited to: the southern haul
road adjacent to the Mixed Waste facilities and LARW embankment, and the northwest corner of the Northwest Corner Pond.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each compliance
issue and associated corrective actions to the Director:
a. a root cause analysis of each compliance issue;
b. the specific corrective actions taken, results achieved, and applicable dates;
c. if future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate
milestones, as applicable; and
d. how the corrective actions will prevent similar compliance issues from recurring.
Originator: Jonathan Christopher Anderson Date Identified: 10/7/2024 Initiated On: 10/9/2024
Originators Questions Answer Notes
Were there any immediate actions taken?No N/A
Is there anyone else that might be able to provide
additional information?No N/A
Externally Identified?Yes N/A
Customer or Regulatory Agency: Regulatory Agency
Regulator Agency: DWMRC (Utah)
Initiate Completed By: Anderson, Jonathan on 10/09/2024
Completion Due Date: 3/8/2025
Significance Level: SL 2
Designation: CAQ
Causal Analysis Type: Apparent Cause Analysis (ACA)
Responsible Manager: Vern Child Rogers
Screen Completed By: Watkins, Shauna on 10/09/2024
Ops Review Task Skipped
CR-2024-0959
1 of 3 (CR-2024-0959)
Screening Question Answer Notes Person Notified Date Notified
Is information in CR adequate?Yes N/A N/A
Does Issue meet criteria for CR?Yes N/A N/A
Are any Interim Actions needed?No N/A N/A
10 CFR 21 Potentially Reportable?No N/A N/A
10 CFR 71 or 10 CFR 72 Potentially
Reportable?No N/A N/A
PAAA Applicable? (DOE only)No N/A N/A
Require Causal Analysis Yes N/A N/A
Require an Action Plan Yes N/A N/A
Require Extent of Condition Review No N/A N/A
Require CARB Review No N/A N/A
Action Plan
CRA01-2024-1606 Current Task: Pending Action Plan Approval
Due Date: 12/20/2024
Title: Corrective Action
Description:
EnergySolutions will move/ re-post the Radioactive Materials Area (RMA) boundary to the outer fences to the west and south of the
pond. The current non-restricted area between the fences will be managed and monitored as a non-contaminated restricted area in the
same manner as the current non-contaminated restricted areas within the RMA.
Action Type: Corrective Action
Owning Organization: Waste
Management Project/Site: Clive Functional Area: Regulatory
Affairs/Licensing
Action Owner: David F Booth
CRA01-2024-1608 Current Task: Pending Action Plan Approval
Due Date: 3/8/2025
Title: Corrective Action
Description:
Regarding the Northwest Corner Evaporation Pond, EnergySolutions will regrade the area and or construct earth berms to direct
stormwater runoff away from the RMA fence. This will also include the relocation of a small portion of the RMA fence line north of the
Northwest Corner Evaporation Pond. EnergySolutions will determine the areas of concern, the scope of work and the schedule for
completing the improvements.
Action Type: Corrective Action
Owning Organization: Waste
Management Project/Site: Clive Functional Area: Operations
Action Owner: Brennon L Dick
CRA01-2024-1609 Current Task: Pending Action Plan Approval
Due Date: 3/8/2025
Title: Corrective Action
Detailed Evaluation In Progress
Evaluator: Nicholas M Clarke
RM Review Completed By: Rogers, Vern on 10/09/2024
CR-2024-0959
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Description:
RMA Fence Line along the western side of Section 32; EnergySolutions will determine areas of concern along the fenceline, develope a
scope of work, and schedule for the completion of the improvements.
Action Type: Corrective Action
Owning Organization: Waste
Management Project/Site: Clive Functional Area: Engineering
Action Owner: Garrett Quayle Dutson
CRA01-2024-1610 Current Task: Pending Action Plan Approval
Due Date: 3/1/2025
Title: Corrective Action
Description:
Update the LLRW Surety accordingly during the next scheduled revision.
Action Type: Corrective Action
Owning Organization: Waste
Management Project/Site: Clive Functional Area: Regulatory
Affairs/Licensing
Action Owner: Steve D Gurr
CR-2024-0959
3 of 3 (CR-2024-0959)