DRC-2009-003263 - 0901a0688012dbe0

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State of Utah
JON M. HUNTSMAN, JR.
Govemor
GARY HERBERT
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Acting Executive Director
DrVISlON OF RADIATION CONTROL
Dane L. Finerfrock
Director
-joai o~iio aXD la^o -11?^
CERTIFIED MAIL
(retum receipt requested)
August 5, 2009
Chuck Wentz, Environmental Department Supervisor/RSO
Rio Algom Mining L.L.C.
P.O. Box 218
Grants, NM 87020
Dear Mr. Wentz:
Subject: Rio Algom Proposed Action Limit for Ground Water Well LW-1, Dated Febraary
12, 2009 and Received by DRC on March 16, 2009, Radioactive Materials License
UT 1900481: DRC Transmittal of Draft License Amendment No. 3 and Technical
Evaluation Report
Based on the correspondence between Rio Algom and DRC conceming the establishhienre^ an
action limit for ground water well LW-1, DRC has completed review of the latest Rio Algom
submittal, dated Febraary 12, 2009 and received by DRC on March 16, 2009 (Rio Proi)Osal).
DRC accepts the proposed target action level of 0.028 mg/L for dissolved uranium at gfound
water monitoring well LW-1, and has prepared a "Draft" Amendment No. 3 of Radioactive
Materials License No. UT 1900481 including this target action level as well as other
modifications as listed below. Details ofthe DRC review can be found in the attached Technical
Evaluation Report for Amendment 3 of the Rio Algom Lisbon Operations Facility. Also attached
is a copy ofthe Draft Redline Version of License UT 1900481 Modification 3 for Rio Algom
review and comment.
The following changes are included in the Draft License Amendment No. 3:
1) The inclusion of well LW-1 as a Trend Well on TABLE 3. Condition 53.B.
2) The inclusion of a Uranium Target Action Level of 0.028 mg/L on TABLE 3.
Condition 53.B, as proposed previously by Rio Algom.
3) Table 4, Condition 53.G. was deleted. This table specified that ground water
monitoring would be done quarterly until the last quarter of 2007, and is no longer
applicable.
4) Out of compliance status (OOC), Condition 53.C. was changed to define such status as
any exceedence in any well (one sample exceedence) instead of two consecutive
168 North 1950 West • Salt Uke City, UT
Mailing Address: P.O. Box 144850 • Salt Uke City. UT 84114-4850
• Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.^oD
Printed on 100% recycled paper
Chuck Wentz
Page 2
..i
samples exceeding contaminant concentrations. This is deemed necessary to provide
timely detection of contamination, and because the facility is currently in semi-annual
' ^ monitoring and will sample annually starting in year 2012. This means that to verify
the OOC status from here forward would entail a full year (or 2 years starting 2012) if
the definition were kept the same. DRC therefore feels that it is now reasonable for
Rio Algom to initiate OOC status activities based on a single exceedence.
5) Condition 53.1. which required submission of well completion reports and the
establishment of a target action level for well LW-1 was deleted since this was
completed and closed by DRC by letter dated Febraary 15, 2007 and per this letter
respectively.
Since these License modifications provide for more stringent requirements at the Lisbon facility,
they are considered minor changes and do not require a public notice period.
DRC is requesting that Rio Algom provide any comments or concems regarding the attached
Draft License Amendment 3 within 30 calendar days of receipt of this letter. If no comments are
received then DRC will final the License amendment and send a copy to Rio Algom.
If you have questions or concems regarding this letter or the attached documents, please contact
Tom Rushing at [phone]. Thank you.
Sincerely,
UTAH RADIATION CONTROL BOARD
Dane L. Finqifirock, Executive Secretary
DLF/LM/ti
Enclosures: Technical Evaluation Report, Redline License UT 1900481, Final License
Amendment 3 UT 1900481
F:\Rio Algom - LisbonXLicense Amendment 3 - LW-1\2009 UT 1900481 -Rio Amendment Transmittal Ltr.doc
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 1 of 4
State of Utah
Division of Radiation Control
Technical Evaluation Report
For Request to Amend
Radioactive IVIaterials License
Date:
License:
Licensee:
Facility:
Amendment Request
Submittal Date:
August 5, 2009
UT1900481
Rio Algom Mining L.L.C.
Lisbon Operations, San Juan County, Utah
February 12, 2009, Received by DRC March 16, 2009
I. INTRODUCTION AND BACKGROUND
Under cover letter dated Febraary 12, 2009 and received by DRC on March 16, 2009, Rio
Algom Mining submitted a proposal for establishment of a Proposed Groundwater Action
Leve] of 0.028 mg/L for dissolved uranium in monitoring well LW-1 at the Lisbon
Operations site in San Juan County, Utah. Approval ofthe proposed action level requires
revision to License Condition 53.
The February 12, 2009 submittal includes an attachment from WorleyParsons (Robert L.
Lewis P.G.) which details the statistical evaluation ofthe ground water well LW-1
background data used to generate the Proposed Action Level for uranium. The
WorleyParsons document is an updated version, in response to a February 2, 2009 DRC
Request for Additional Information, which requested the statistical evaluation of the
background data to support the Proposed Action Level.
II. DESCRIPTION OF AMENDMENT REQUEST SUMMARY AND CONCLUSIONS
1. The licensee has proposed a target action limit for dissolved uranium at
ground water well LW-1 under cover letter dated February 12, 2009 and
received by DRC on March 16, 2009. The request also includes a statistical
review of background data under cover dated March 6, 2009 by
WorleyParsons.
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 2 of 4
DRC Response
The amendment request is centered on Rio Algom development of a uranium proposed
Target Action Level for Trend Well LW-1. A timeline of the correspondence is below.
1. December 4, 2008 - the DRC received the first Rio Algom Request for a Target
Action Level at Ground Water Well LW-1, dated November 4, 2008.
2. February 2, 2009 - DRC Request for Additional Information Letter. Specifically
the DRC requesting statistical evaluation of the LW-1 background data and
development of a Target Action Level through either calculation of mean -i- 2
standard deviations or Groundwater Modeling.
3. March 16, 2009 - DRC received a Febraary 12, 2009 Rio Algom response to the
DRC Request for Additional Information including statistical evaluation of the
LW-1 background data and development of a Target Action Level using mean + 2
standard deviations. This document included a document dated March 6, 2009 by
WorleyParsons detailing the LW-1 data evaluation.
Review of Statistical Evaluation in the WorleyParsons March 6, 2009 Document
Per DRC review, WorleyParsons used the Shapiro-Wilk Test - which calculates a
statistic (W) to demonstrate normal data distribution, and calculated both the raw
statistics and natural log transformed statistics.
In the February 2, 2009 DRC letter the use of the Shapiro-Wilk test was specifically
recommended. Per these letters, DRC recommended that the July, 1992 Statistical
Analysis of Groundwater Monitoring Data at RCRA Facilities, Addendum to Interim
Filial Guidance, Office of Solid Waste, Permits and State Programs Division, U.S.
Environmental Protection Agency (hereafter EPA Guidance) be used as a guide when
administering the test. DRC review of the March 6, 2009 WorleyParsons document
confirms that the Shapiro-Wilk test of normality has been employed per the EPA
guidance.
DRC review of the statistical calculations comprised review of the data populations used,
including verification that potential outiiers and duplicate results had been culled from
the data set. DRC reviewed the data and summary for well LW-1 and it appeared that the
data set had been appropriately reviewed and culled and that 9 original background
samples were used to develop the proposed Target Action Level for uranium.
DRC confinned, through cross check calculation that the uranium value was correctiy
obtained. Specifically, DRC cross checked the following calculations using natural log
transformed data:
1. Mean and Standard Deviation values,
2. Selection of coefficients from EPA Guidance Table A-1,
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 3 of 4
3. Calculation of W Statistic,
4. Selection of critical values (Percentage Points) from EPA Guidance Table A-2
(95* Percentile was used per DRC review),
5. Confirmation that W was above the critical value indicating normal distribution
(per the In-transformed data set).
The natural log transformed data was used since WorleyParsons found that the non-
transformed data did not produce a W statistic above the test critical value. These
methods are allowed and defined in the EPA Guidance. It was noted that Worley Parsons
used an EPA computer program to analyze the data (US EPA ProUCL 4.00.02). Per
DRC findings the calculated W statistics were comparable between DRC and Rio Algom,
and in both cases, DRC and Rio Algom, the obtained W values calculated from the
transformed data were above the critical test values indicating a likelihood of normal
distribution. A copy of the DRC hand written calculations are attached to this document.
DRC reviewed all tables within the March 6, 2009 WorleyParsons document to insure
that the W values reported were high and were above the Table A-2 "point values." Per
the review all W values passed the test for normal distribution.
Comparison of Proposed Target Acton Level with the State Water Quality Standard
The Rio Algom proposed target action level in the letter received on March 16, 2009 is
0.028 mg/L. This concentration was calculated in compliance with the Utah
Administrative Code R317-6-4 by generating a target level based on background -f- 2
standard deviatipns. Further, the proposed value is below the standard for uranium
(0.030 mg/L) and is supported by an adequately tested background data set.
DRC Conclusion
Since the evaluation of the background data appears to follow a normal distribution and
since the calculated target action level mean + 2 standard deviations is below the state
standard for uranium, the license will be modified to include the proposed target
background concentration at monitoring well LW-1 (0.028 mg/L).
Ill, ADDITIONAL LICENSE MODIFICATIONS
DRC noted that in association with the License modifications to include a target action
level for uranium at LW-1, a few items in the current license are no longer valid since
they have been completed or since the time-frames are no longer reasonable.
Consequently some related changes are to be made to the License. Specifically, the
following items will be modified with License Amendment 3:
1. Table 4, Condition 53.G. was deleted. This table previously specified that
ground water monitoring would be done quarterly until the last quarter of
2007.
Technical Evaluation Report RML UT 19000481 Amendment 3
Page 4 of 4
2. Out of compliance status (OOC), Condition 53.C. was changed to define such
status as any exceedence in any well (one sample exceedence) instead of two
consecutive samples exceeding contaminant concentrations. This is deemed
necessary for the following reasons:
A. At the time that OOC status was originally defined in License Amendment
2 on March 6, 2006, baseline groundwater monitoring frequency was
required on a quarteriy interval. Hence, exceedances of groundwater
Altemate Concentration Limits, Compliance Limits, or Target Action
Levels in Tables 1 thra 3 of the License, would be detected in a short
period of time, approximately 6 months. This was considered timely
detection at the time of the March 6, 2006 License Amendment.
B. Currently baseline groundwater monitoring at the facility is semi-annual
and will soon increase to annual starting in year 2012. Without this
change, verification of OOC status would entail a full year (or 2 years
starting 2012) to determine if a groundwater problem exists, if the
definition were kept the same. DRC therefore feels that it is now
reasonable to initiate all license activities in the event of OOC status based
on a single exceedence, in order that the Licensee provide a timely
response.
3. Condition 53.1. previously required submission of well completion reports for
well LW-1. This requirement was deleted since: 1) this was completed and
closed by DRC by letter dated Febraary 15, 2007 and 2) the development of a
target action level at well LW-1 is being addressed with this License
amendment.
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UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIAL LICENSE
Pursuant to Utah Code Aimotated, Title 19, Chapter 3 and the Utah Radiation Contiol Rules, Utah
Administrative Code R313, and in reliance on statements and representations heretofore made by the
licensee designated below, a license is hereby issued authorizing such Hcensee to tiansfer, receive,
possess and use the radioactive material designated below; and to use such radioactive material for
the purpose(s) and at the place(s) designated below. This Hcensee is subject to all applicable rales,
and orders now or hereafter in effect and to any conditions specified below.
LICENSEE
1. Name Rio Algom Mining, Limited
Liability Company
2. Address Rio Algom Mining LLC
POBox 218
Grants, NM 87020
3. License Number UT 1900481
Amendment 23
4. Expiration Date
Until Terminated
:|c )]c :4e 3ie ^ 9ic 3]e :te :|e o|e :)c:(: 4: :f: 3]c :1c 3|c :1c:{(3fe :)e :le 4:3|e % a)e i(e :|c :)c 3|oic:}: sle :1e
5. License Category 2-b
6. Radioactive material 7. Chemical and/or 8. Maximum quantity
(element and mass physical form licensee may possess
number) at any one time
Natural Uranium Any Unlimited
***:|c:|c*****4c*:|c!|c«:|:**4c**Hc**:|:*******Hc****:|c*iic4:*:|c*4c****:|c***********4c**:|:*************
9. Authorized place of use: The licensee's fonner uranium milling facility located in San Juan
County, Utah.
10. The licensee is hereby authorized to possess 11 e.(2) byproduct material in the form of uranium
waste tailings and other byproduct materials generated by the licensee's milling operations, as
defined by Nuclear Regulatory Commission (NRC) Regulations, Code of Federal Regulations
(CFR), Titie 10, Part 20, Section 20.103 and the Utah Administrative Code (UAC) Section
R313-12-3.
11. The licensee shall conduct activities in accordance with statements, representations, and
conditions contained in the Licensee's NRC renewal application dated December 1982, as
modified by July 2, 1992, and December 16, 1992 submittals to the NRC, except where
superseded by modifying license conditions herein.
The Licensee shall comply with Section 6.0 ofthe license renewal application containing the
emergency procedures to be followed in the event of an accident [as modified in the
DRC-03
Page 2 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 453
supplement submitted to the NRC by letter dated May 31,1985]. Updating specific names and
telephone numbers shall not require this Utah-issued license to be amended.
[AppHcable NRC Amendments: 3, 9,15,16, 40,42, 57]
12. DELETED by NRC Amendment No. 40.
13. DELETED by NRC Amendment No. 40.
14. The Licensee shall comply with the posing requirements specifiedMthin 10 CFR 20 1902 as
incorporated by reference UAC R 313-15-902(5) luitil the final institutional contiols and
permanent markers have been erected as required by the September 2004, Draft Office of
Legacy Management Long-Term Surveillance Plan for the Lisbon VaUey, Utah (UMTRCA
Title n) Disposal Site, (DOE-LM/G-J696-2004).
[Applicable UDRC Amendment: 1] •
[Applicable NRC Amendment: No. 57]
15 The results of sampling, analyses, surveys and monitoring; the results of calibration of
equipment; reports on audits and inspections; all meetings and training courses required by this
license; and any subsequent reviews, investigations, and corrective actions, shall be
documented. Unless otherwise specifiedby the Executive Secretary, all such documentation
records shall be maintained for a period of at least five (5) years.
16. DELETED by NRC Amendment No. 40.
n. DELETED by NRC Amendment No. 40.
18. DELETED by ITORC Amendment: 1
19. D^TED by NRC AmendmentNo. 57.
20. In order-to. ensure that np: disturbance of cultural resources occurs in the fiiture, the licensee
shall have an archaeological and historical artifact survey of areas of its property, not
previously surveyed, performed prior to their disturbance, including borrow areas to be used
for reclamation coyer. These surveys must be submitted to the Executive Secretary and no
such disturbance shall occur until the licensee has received authorization from the Executive
Secretary to proceed.
In addition, all work in the immediate vicinity of any buried cultural deposits tmearfhed during
the disturbance of land shall cease until approval to proceed has been granted by the Executive
Secretary.
DRC-03
Page 3 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
21. The Hcensee shall conduct an armual survey of land use (private residences, grazing areas,
private and public potable water and agricultural wells, and non-residential stractures and uses)
in the area within five kilometers (3.1 miles) ofthe site property boundary and submit a report
of this survey to the Executive Secretary. The report shall be submitted on or before December
31 annually. This report shall indicate any differences in land use from that described in the
last report including the following: 1) providing references and/or a description of methods
utiHzed to obtain information included in the report; 2) listing all water wells, owners,
approved use, and contact information within the specified search radius; and 3) including
information on an updated land use map to be included with the report.
[Applicable UDRC Amendment: 1]
22. The results of all enviromnental monitoring required by this license shall be reported in
accordance with UAC R313-24 (10 CFR 40, Section 40.65 incorporated by reference) using
the NRC Form 484 "Sample Format for Detection Monitoring Data Report". All groundwater
monitoring will be reported in accordance with License Condition 53. The reports shall be
tiansmitted to the Executive Secretary.
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendment: 57, 66]
23. DELETED by NUC Amendment No. 40.
24. The Licensee shall comply with notification requirements of UAC R313-15 (10 CFR 20 as
incorporated by reference). Hicident and event notifications that require telephone notification
shall be made to the Executive Secretary at [phone] during normal business hours or
after hours to the DEQ Duty Officer at [phone].
[AppHcable UDRC Amendment: 1 ]
[AppHcable NRC Amendment: 57]
25. Pursuant to UAC R313-24-3, before any license renewal, major amendment, or prior to
engaging in any activity not previously assessed in the license appHcation, subsequent
approvals, amendments, or as modified by this license, the Licensee shall prepare and record an
environmental analysis of such activity(s), describing the proposed action, a statement of its
purposes and the environment affected. The environmental report shall present a discussion of
the following: (a) an assessment ofthe radiological and nonradiological impacts to the public
health from the activities to be conducted pursuant to the license or amendment; (b) an
assessment of any impact on waterways and groundwater resulting from the. activities
conducted pursuant to the license or amendment; (c) consideration of altematives, including
altemative sites and engineering methods, to the activities to be conducted pursuant to the
license or amendment; and (d) consideration of the long-term impacts including
decommissioning, decontamination, and reclamation impacts, associated with activities to be
DRC-03
Page 4 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 423
conducted. The licensee shall obtain Executive Secretary-approval in the form of a license
amendment.
[Applicable UDRC Amendment: 1]
26. DELETED by NRC Amendment No. 40.
27. The licensee shall have 30 days from the signatory date of this license to submit financial
surety documents for Executive Secretary approval consistehtwith UAC R313-24-4 (10 CFR
40, Appendix A, Criterion 9 and 10 incorporated by reference), adequate to cover the
estimated costs, if accomplished by a third party, forcompletion of the Executive Secretary-
approved reclamation/decommissioning plan?'' including; deWmmissioning and
decontamination ofthe mill and mill site, reclamation ofany tailings or waste^isposal areas,
ground-water restoration as warranted, and theloi^g-term sittyeillance fee. \^tmii 3 months of
Executive Secretary-approval of a revised reclairiatipii/decorhmissioning pljm, the licensee
shall submit for Executive Secretary review and appfoy!^., a proposed revision to the financial
surety arrangement if estimated costs in the newly apprdve^plan exceed the amount covered in
the existing financial surety. The revised surety shall theii be in effect v^dthin 3 months of
written Executive Secretary approval. , A
Annual updates to the surety amounl, required by UAC R313-24 (10 CFR 40, Appendix A,
Criteria 9 and 10, as incorporated by reference), shall be submitted to the Executive Secretary
by June 30 of each year. '^Ipng with each.proposed revision or annual update, the licensee
shall submit supporting documentation showing a breakdown ofthe costs and the basis for the
cost estimates wiil; adjustrnerits for inflation, maintenance of a minimum 15 percent
contingency fee, changes in engirieeimg.plans, activities performed, and any other conditions
affecting estimated costs for site closurelfThe basis for the cost estimate is the Executive
Secretary approved reclamation/decommissioning plan or Executive Secretary approved
revisions to the plan;
The licensee's approved surety, Irrevocable Letter of Credit issued by the Imperial Bank of
ComiridtGe, New York fiiranch, in favor of the Executive Secretary, shall be continuously
maintained in an amount no less than $2,214,366 for the purpose of complying with UAC
R313-24, uritii?a replacSnent is authorized by the Executive Secretary.
[Applicable UDRC Amendment: 1]
[Applicable NRC Amendments: 18, 22, 26, 33, 38, 45,49, 51, 52, 54, 56, 58, 60, 62, 63, 64,
66]
28. Prior to termination of this license, the licensee shall provide for tiansfer of title to byproduct
material and land, including any interests therein (other than land owned by the United States
DRC-03
Page 5 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
or the State of Utah), which is used for the disposal of such byproduct material or is essential
to ensure the long term stability of such disposal site to the United States or the State of Utah.
29. DELETED by NRC Amendment No. 61.
30. DELETED by NRC Amendment No. 57.
31. DELETED by NRC Amendment No. 40.
32. DELETED by NRC Amendment No. 40.
33. Written operating procedures shall be established for activities involving radioactive materials
and will include monitoring, bioassay analyses, instrument calibrations, and emergency
response. All written procedures required by this Condition shall be reviewed and approved in
writing by the Radiation Safefy Officer (RSO) before implementation and whenever a change
in procedure is proposed to ensure that proper radiation protection principles are being apphed.
In addition, the RSO shall perform a documented review of all existing operating procedures
at least annually.
[Applicable UDRC Amendment: 1]
[AppHcable NRC Amendments: 40]
34. DELETED by NRC Amendment No. 40.
35. DELETED by NRC Amendment No. 40.
36. DELETED by NRC Amendment No. 40.
37. DELETED by NRC Amendment No. 40.
38. The licensee shall be required to use a Radiation Work Permit (RWP) issued by the RSO or
designee for work or nonroutine maintenance jobs where the potential for exposure to
radioactive material exists and for which no written procedures exist. The RWP shall at least
describe the following:
A. The scope ofthe work to be performed.
B. Any precautions necessary to reduce exposure to uranium and its daughters.
C. The supplemental radiological monitoring and sampling necessary before, during, and
following completion ofthe work.
DRC-03
Page 6 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 433
39. To ensure continued good radiation safety practices, the RSO or designee shall conduct
monthly documented inspections of all active work areas in accordance with the program
elements specified in Section 5.1.3 ofthe renewal application.
[AppHcable NRC Amendments: 9, 15,40]
40. The licensee shall submit a copy ofthe report documenting an annual ALARA audit committed
to in Section 5.1.4 of the renewal appHcation as modified by letter dated November 20,1987.
Submittals required by this condition shall be submitted to <the Executive Secretary vdthin one
month of completion of the report.
[ApplicableNRC Amendments: 15,40] ., - •^< ^-Bv
41. All workers shall be provided on-the-job training on the radiation safety aspects of the job to be
perfonned prior to begirming work activitieslihSilainually thereafter. The on^i^jbb tiainitig,
as well as all other fraining committed to in Sectipri^5.3pftiie renewal appHcation, shall be
documented. A'.A.
[AppHcable NRC Amendments: 40] ^'^
42. DELETED by NRC Amendment No. 57.
43. The licensee shall perform and document fimction checkS:^fihQ alpha survey meters prior to
their use.
44. DELETED by UDRC Amendment: 1
45. The licensee shall comply with the following:,
A. DELETED by NRC Amendment Np; 24.
B. A spillway channel shall be constracted in the left abutment ofthe lower tailings dam, as
located in the HcfEusee's April 10, 1992, submittal. The spillway shaU have a 30-foot
Hcjttpm width, 2Hf;iy side slopes and a crest elevation of 6645 feet.
C. DELETEp by NRC^ Amendment No. 37.
D. DELETED by NRC Amendment No. 30.
E. DELETED by NRC Amendment No. 24.
F. DELETED by NRC Amendment No. 57.
DRC-03
Page 7 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
G. Runoff from the upper tailings shall be diverted into the diversion ditch according to the
methods described in the Hcensee's October 11,1991, submittal. COMPLETE
[AppHcable UDRC Amendment: 1]
H. The evaporation pond on the upper impoundment shall be operated with a minimum
freeboard of 2 feet in accordance with the Hcensee's August 15, 1990, submittal.
COMPLETE
[AppHcable UDRC Amendment: 1]
I. The evaporation pond on the lower tailings pond shall be constracted in accordance wdth
the licensee's Febraary 3, and April 16, 1992, and Febraary 24, 1993, submittals. The
lower evaporation pond shall be operated with a minimum freeboard of 2 feet in
accordance with the Hcensee's Febraary 3, 1992, submittal. COMPLETE
[Applicable UDRC Amendment: 1]
J. DELETED by NRC Amendment No. 53.
K. A constmction report for the lower evaporation pond and as-built drawings of the upper
and lower evaporation ponds shall be submitted to NRC within 3 months of completion
of constmction ofthe lower evaporation pond. COMPLETE
[Applicable UDRC Amendment: 1 ]
[ApplicableNRC Amendments: 13, 14, 17, 21, 24, 25, 28, 30, 37, 43, 46, 50, 53, 57].
46. DELETED by NRC Amendment No. 40.
47. DELETED by NRC Amendment No. 40.
48. DELETED by NRC Amendment No. 40.
49. DELETED by NRC Amendment No. 40.
50. DELETED by UDRC Amendment: 1
51. DELETED by NRC Amendment No. 57.
52. The licensee shall reclaim the tailings disposal area in accordance with the June 16,1989, and
March 4, 1992, submittals as revised by submittals dated August 16, 1989, March 13, 1992,
August 14, 1992, November 17, 1992, November 18, 1992, November 20, 1992, April 1,
1993, and April 2, 1993, with the following exceptions:
A. The Hcensee shall submit for NRC 'review and approval,, the settlement data that
demonstiatethat 90 percent ofthe expected settlement is complete. COMPLETE
DRC-03
Page 8 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 423
[Applicable UDRC Amendment: 1]
B. The licensee shall submit for Executive Secretary review and approval, data that confirm
that the average depth ofthe stabilization layer below the evaporation ponds is equal to
or greater than the average stabiHzation depth used in the modeling before constracting
the remaining barrier.
C. The licensee shall submit to the NRC by January 1, 1994, a plan to verify that the in
place cover has not experienced excessive erosion or defects after it has been
demonstiated that settlement is complete and before the radon barrier is considered final.
The proposed plan must include a field testing^rogram which -cpntains a method to
ensure that the appropriate minimum depthspTclayand silt are in pl|g€.over the disposal
area. COMPLETE ^^' ., •&
[Applicable UDRC Amendmenti 1] ^l';: %..
D. The Hcensee shaU provide an analysis of the'resulfs of the testing program required in
Section C above to verify the design conditions with respect to radon attenuation. The
analysis shall be provided for Executive Secretary reyiew and approval.
E. DELETED by NRC Amendmeht^NoSSfiA,;, ^;v; i
F. The Hcensee shall implement the%rosion:||t6tl?tipn design submitted to the NRC on
September 3, 2002, supplements dated^'March if iti04, and in accordance with the
•-V • j: :*>• .fe"
following conditions:::; "^ "
(1) DELETED by NRG Amendment No. 67.
(2) DELETED;by NRGAinendment m. 67.
(3) DELETED by NRC Amendrii^t No. 67.
(4) DELETED by NRC Amendment No. 67.
(5) DELETED by NRC Amendment No. 67.
(6) DELETED hj^MRC Amendment No. 67.
(7) DELETED by NRC Amendment No. 67.
(8) DELETED by NRC Amendment No. 67.
(9) DELETED by NRC Amendment No. 67.
(10) The licensee shall perform rock durability and gradation testing at the frequency
recommended in the NRC issued guidance NUREG-1623, Design of Erosion
Protection for Long-Term Stabilization, as amended, with the exception that if rock
DRC-03
Page 9 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
quantities for any size riprap are 5000 cubic yards or less, two gradation tests at the
1/3 and 2/3 points of placement are acceptable.
(11) The licensee shall perform tests to verify that the bedrock formation in the lower
dam spillway and diversion channels is sufficiently competent to resist erosion.
Erosion resistant bedrock shall be determined by refusal of a power augur drilling
vertically, using a carbide steel bit. Tests will be performed on a maximum of 20-
foot centers. Altematively, if the licensee can document that the bedrock is
massive and relatively uniform, testing on 50-f6ot centers shall be acceptable.
(12) The licensee shall provide a program for inspecting the filter and riprap layers to
assure proper sizing and gradation. The program shall include a procedure for
measuring the thicknesses ofthe inplace rock on a minimum 50-foot grid system
and at any and all locations that do not appear to meet the specifications.
G. All ofthe reclamation plan requfrements shall be hicorporated into a single document and
provided to the Executive Secretary no later than 3 months after Executive Secretary
approval ofthe erosion protection design. This document shall contain only the plans
and specifications that will be used to constract the reclamation plan.
. , • ' I
H. A completion report including as-built drawings, verifying that reclamation of the site
has been performed according to the approved plan, must be provided within 6 months of
the completion of constmction. The report must also include summaries of results ofthe
quahfy assurance and epnfrol testing to demonstiate that the approved specifications
were met. The completion report and drawings shall be certified by a Utah-licensed
Professional Engiheer. •
[AppHcable UDRC Amendment: 1]
[AppHcable NRC Amendments: 4, 6, 7, 8,44,47, 53, 55, and 67]
53. The licensee shall implement a ground water compliance monitoring program containing the
following:
A. Monitor background wells MW-5 and MW-13; frend wells EF-6,RL-l,RL-3,EF-8,ML-
1, H-63, and LW-1; point of compliance (POC) wells EF-3A and OW-UT-9; and point of
exposure (POE) wells RL-4, RL-5, and RL-6 for uranium, molybdenum, selenium,
arsenic, pH, total dissolved solids, chloride, sulfate, bicarbonate, and water levels (depth
to groundwater and groundwater elevation). Monitoring will occur in accordance with
the monitoring schedule in 53.G.
I
1. The north aquifer background concenfrations (in mg/L) for MW-5 are: arsenic = 0.05,
molybdenum = 0.07, selenium = 0.01; and uranium = 0.01.
DRC-03
Page 10 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 423
The south aquifer background concenfrations (in mg/L) for MW-13 are: arsenic = 0.066,
molybdenum = 0.05, selenium = 0.01, and uranium = 0.02.
[Applicable NRC Amendments: 59, 66]
B. Protect ground water quality at the facility for at least 200 years (thra year 2205) by
maintaining contaminant concenfrations in each well equal tp or below the maximum
concenfrations specified in Tables 1, 2, and 3 of this License; except as provided imder
License Condition 53.C. -
EF-3A
OW-UT-9
Selenium ^t) 9?
Arsenic = 3.06
Molybdenum = 58 43
Selenium = 0 10
: ^Arsenic = 2.63
96.87
101.58
^••^^^•'^•ij^l^-^IPM-ifjPo^^llsg^fi^ :
• • ••J^-{- ,i Welli^ifS^y'*^
RL-4
RL-5 i
RL-6
1:!it^;!!L5=Si55lii&S'*?lIfiamitoCoiii^^ (nigiii):';!":i.;Vv. • .;;2£ I.. •'-..
t.- ,-> '/.a^2t>'
OM'
0":32'
v.y4.-^i -Went ••.'M-v-|'--v:v^:r •f^.'"-«.^^;tJraniil "
EF-6
EF^B
ML-1
RL-1
RL-3
H-63
LW-
3.9'
0.30'
0.26'
42.1"
37.3'
0.06'
0.028'
ACLs represent ^he'95-percent upper confidence limit of historical sampling data from 1990 through 2003, with the
exception of seleniiuiiiii 5W-UT-9, which is based on the Health Risk Concentration Limit (see page 60 of Response
to Request for Additional Information (RAI) (Komex, October 13, 2003)). These values only apply to wells located in
the area of greatest impact (EF-3 A and OW-UT-9).
Compliance Limits are based on contaminant transport model predictions, as found in the February 2004 dose
assessment used to support the ACL Application (Application for Altemate Concentration Limits Source Materials
License SUA-1119, RAMC Lisbon Facility, La Sal, Utah, Lewis Water Consultants, Inc., March 1, 2001). These
levels apply to POE wells that are projected to become impacted in the future (RL-4, RL-5, and RL-6).
DRC-03
Page 11 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
Target Action Levels are based on the contaminant transport model predictions, as found in the Best Estimate
Concentration Curve in 200 years as presented on Figures 2-10 in the Long-Term Groundwater Monitoring Plan
(Komex, February 19, 2004) for wells with increasing predicted uranium concentration trends in 200 years (EF-6, EF-
8, and ML-1). !
Target Action Levels are based on contaminant transport model predictions as represented by the Best Estimate
Concentration Curve as presented on Figures 2-10 in the Long-Terrn Groundwater Monitoring Plan (Komex, February
19, 2004) for wells with decreasing predicted uraniurh concentration trends in 200 years (RL-1, RL-3, and H-63).
Wells predicted by Licensee to have a decreasing contaminant concentration frend with time.
Wells predicted by Licensee to have an increasing contaminant concenfration trend timij; with the exception of well H-
63 which was predicted to have an increasing trend, followed by a decreasing concenfraticm.
Target Action Level for ground water well LW-1 is based on the Proposed Action Limit Letter from Rio Algom to
DRC dated February 12. 2009 and received bv DRC on March 16. 2009. The letter includes an attactonertt from
Worley Parsons which provides the statistical analvsis of 9 badcground monitoring results (Shapiro-Wtlk Normality
Test and development ofthe target action level bv calculation of mean + 2 standard deviations.
C. Out of compliance status is defined as any exceedance of contaminant concenttations
specified in Tables 1, 2 or 3 of this Hcense in any weU^ for two consecutive sampling
events. If an out of comphance PVeht occurs, the Hcensee will:
(1) Verbally notify the Executive Secretary within 24 hours of discovery ofthe event;
followed by a written notice within 5 days of verbal notification;
(2) Initiate inonthly grotmd water sampling for the exceeded parameter in the well
indicating the exceedence unless the Executive Secretary determines that other
periodic sampling is appropriate, imtil tlie event is resolved to the Executive
Secretary's satisfaction;
(3) Prepare and submit within 30 days of discovery a plan and schedule to evaluate and
assess the source of the exceedence and possible actions needed to restore and
maintain comphance with License Condition 53.B. Such actions may include, but
are not limited to:
a. Re-evaluation ofthe ground water flow and contaminant tiansport models used to
set the compliance limits and target action levels;
b. Additional site investigation and characterization, and investigation of potential
contamination sources; and |
c. Active ground water remediation as deerned necessary by the Executive Secretary.
D. DELETED by NRC Amendment No. 66. !
DRC-03
Page 12 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
E.
F.
G.
DELETED by NRC Amendment No. 66.
The Licensee shall comply with all requirements foxmd in the Utah Ground Water
Quality Protection Rules (UAC R317-6).
Submit, for Executive Secretary approval. Ground Water- Monitoring Reports in
accordance with the following sampling and reporting schedule:
Quarterly Sample Period
pjj.g^
Second
?3wd
Fourth
pppiQ^
January' Match
April ..JiKe
July Sgfirmaajar
Ootobor Dooel€bSr.
Rcport PufjDato*
Soptombetl.
?sja
^• March 1
Quarterly monitoring data for two events shall be combined in tho SaSfi^gnual Ground Water Monitoring Report.
Semi-Annual Sample Period
First
Second
Period
January - June
July— Decefttber " "' ''
» I -L
Report Due Date
September 1
March 1
Annual Sample'^Jeriod
Annual
Period
' Maauary - Deceiilber
Report Due Date
March 1
Failure to •suijmit the reppi^s by the due date shall be deemed as noncompliance with this
license. Said mbiiitpring reppjSs shall include, but are not Hmited to, the follovvdng
tninimum infbrmation:
(1) Sampling Methodology
(2) Field Parameter Measurements
(3) Labomtory Information, the lower limit of detection shall be lower than the ACL
(4) DatalBvaluation
(5) Figures -Woundwater Contour Map, Uranium Concentration versus the Predicted
Concentrahon for comphance wells, Isoconcentration Map for each ofthe following
constituents: arsenic, molybdenum, selenium, and uranium.
(6) Data Tables summarizing recent and historic monitoring data
(7) Concentration vs. Time Plots for compliance wells
(8) Appendices -copies of field measurements, laboratory analytical reports and chain-of-
custody documentation shall be included
DRC-03
Pag-e 13 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
H. The licensee shall provide written notification to the Executive Secretary a minimum of
30 days before installation of borings or wells that could potentially intercept the shallow
groundwater contaminant plume.
L- One new monitoring well ohall bo installed in the northeast portion of the lone tens
sur\^eillanoe boundar\\ at a location that IG approximately halfway bet^^^een wells MW-4
and RL 5. The new weH, designated LW L shall be installed in the shallow Burrow
Canyon aquifer, in acoordanco with the monitoring weU design and constractien
guidance in tho USEPA Technical Enforcement Guidance Document (TEGD).
Installation of well LW 1 shall bo completed by April 30, 2006.
A well comtiletion report and updated hydrogeologic maps, including but not limited te^
1) shallow aquifer equipotential map; 2) sfructural contour map ofthe upper contact-ef
the Brashy Basin member of the Morrison Formation: and 3) shallow aquifer
permeabilit>^ distribution maps shall be submitted for Executive Secretory approval by
June 1. 2006. Following installation, LW 1 shall be monitored in accordance with the
same schedule as the other tteiid wells. After eight roimds of monitoring have bees
conducted, a target action level mayhe estabHshed by the Executive Secretary based on
predicted oonoentratioH cur\^es generated with a ground water modeling programr
54. In accordance with submittals dated Febraary 21, March 31, May 19, September 28,1989, and
January 10,1990, the licensee is authorized to dispose of amaximum of 70,000 cubic yards of
coal ash, contaminated mill wastes, soil, waste rock, and Bisco Lake sediment within the
location shown in the Hcensee's March 31, 1989, submittal. Materials will be disposed of
according to procedures described in the March 31, 1989, submittal. The disposal shall be
completed hy March 31,1991, and shall be documented. COMPLETE
[Applicable UDRC Amendfrient: 1]
[Applicable NRC Arnendments: 2,5,11,16,23, 24,25, 31, 57]
5 5. The licensee shall complete site reclamation in accordance with an approved reclamation plan.
The ground-water comphance morutoring plan shall be conducted as authorized by License
Condition No. 53 in accordance with the following schedule.
A. To ensure timely comphance with target completion dates established in the
Memorandum of Understanding with the Envfronmental Protection Agency (56 FR
55432, October 25, 1991), the licensee shall complete reclamation to contiol radon
emissions as expeditiously as practicable, considering technological feasibility, in
accordance with the following schedule:
(1) Windblown tailings retrieval and placement on the pile - September 30, 1993.
COMPLETE
DRC-03
Page'14ofl5
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT 1900481
Amendment 423
(2) Placement ofthe interim cover to decrease the potential for tailings dispersal and
erosion-December 31, 1992. COMPLETE
(3) Placement of final radon barrier designed and constracted to limit radon emissions
to an average flux of no more than 20 pCi/m^ sec above background - December
31, 1996, for areas not covered by the evaporation poiids and by December 31,
2014 for the area under the evaporation ponds.
[AppHcable UDRC Amendment: 1 ]
J
B. Reclamation, to ensure requfred longevity of the covered tailings and ground-water
protection, shall be completed as expeditiouslyji^ is reasonably achievable, in accordance
with the following target dates for completion:
(1) Placement of erosion protection a^^jpf reclaJi|ation to comply v(|[|h-;UAC R313-
24 (10 CFR Part 40 Criterion 6 of AppeSdix A,iiiCGrporated by reference). Target
completion date is December 31,2015. '*?§;#-"'
(2) Projected completion dfjground-water correc|j.y,e actions to meet performance
objectives specified in th^ groimd-water correoti^je, action plan, as amended by
subsequent submittals. Target completion d^^'is December 31, 2015.
COMPLETE , ' . -, , '
[AppHcable UDRC Amendment: 1] ^A'
C. Any license amendment request to revise the completion dates specified in Section A
must demonsfrate that compliance was not technologically feasible (including inclement
weather, litigation which compels delay to reclamation, or other factors beyond the
confrol ofthe Hcepsee). ' . ^
D. Any license amendment request to change the target dates in Section B above must
address added risk to the public health and safety and the environment, with due
consideration to the economic costs involved and other factors justifying the request such
as delays caused by inclement weather, regulatory delays, litigation, and other factors
bfeyond the control of the licensee. A delay in placing erosion protection due to
inadequate settlement ofthe tailings is not an acceptable reason for revising Section B(l)
above unless the licensee provides analyses which demonstiate that available practical
methods vvi;U not significantly accelerate settlement.
[AppHcable NRC Amendments: 41, 44, 57]
UTAH RADIATION CONTROL BOARD
DRC-03
Page 15 of 15
UTAH DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License # UT 1900481
Amendment 423
Dane L. Finerfrock, Executive Secretary Date