DRC-2024-007870

December 16, 2024
EnergySolutions, LLC
Vern Rogers
Director, Regulatory Affairs
299 South Main, Suite 1700
Salt Lake City, UT 84111
RE:Compliance Advisory No. 2410002
2024 BAT Field Accompaniment Inspection,
Groundwater Module 7C Inspection
Ground Water Quality Discharge Permit (Permit) No. UGW450005
Radioactive Material License UT2300249
Dear Mr. Rogers:
This Compliance Advisory is being sent to your attention as a representative of EnergySolutions, LLC(the Respondent). According to the Division of Waste Management and Radiation Control’s
(Division) records, you are the designated contact person for the Respondent. OnNovember 5, 2024, representatives of the Division conducted a compliance evaluation inspection at the
Respondent’s facility. The scope of the inspection was to verify compliance withRadioactive Material License UT2300249 (the License),Ground Water Quality Discharge Permit No. UGW450005
(the Permit),Utah Administrative Code R313 (the Rules),and the Utah Radiation Control Act (the Act) at the Clive Site.
Based on observations and information obtained during the inspection, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice
of the followingcompliance issues as well as an opportunity to correct these apparent compliance issues: Appendix J Table 1 of the Ground Water Quality Discharge Permit No. UGW450005requires
weekly BAT inspections of the East Side Truck Unloading Facility, or daily inspections when stormwater is present.
At the conclusion of the BAT Field Accompaniment Inspection on November 5, 2024, it was noted by the Division inspector that the weekly inspection of the East Truck Unloading Facility
had not been performed. The EnergySolutions BAT technician informed the Division inspector that inspections of the East Truck Unloading Facility are completed on a monthly basis, or
when stormwater is present.
Upon review of the BAT records provided by EnergySolutions, Division staff confirmed that inspections of the East Truck Unloading Facility were included as part of the BAT Monthly Inspection
Forms, and were being performed monthly, rather than weekly, as required in Appendix J Table 1 of the Permit. This discrepancy was identified during the closeout meeting with EnergySolutions
staff on November 26, 2024. Later that same day, the Division received correspondence from EnergySolutions which stated that the discrepancy in inspection frequency was due to a clerical
error as an artifact of the October 10, 2013 GWQDP modification, and referenced a letter dated May 21, 2013 which discussedthe results of a meeting between EnergySolutions and Division
staff regarding proposed modifications to Appendices J and K of the GWQDP(CD-2024-243, CD13-0148). Division staff identified the document referenced by EnergySolutionsin their November
26, 2024 correspondence as a requestby EnergySolutions in 2013 to modify the inspection frequencies of several BAT facilities at the Clive Site; however, this request was not a document
that had been evaluated by staff or approved by the Director. In 2013, the Division evaluated EnergySolutions’ request to reduce inspection frequencies of BAT facilities at the Clive
Site on a case-by-case basis, and in an internal memo written in June 2013it was determined that while reducing the frequency of inspections at the East Truck Unloading Facility to a
monthly basis would not be appropriate, daily inspections could be reduced to a weekly basis (DRC-2013-002725). This determination was recorded in the Statement of Basis for the October
10,2013 GWQDP modification, and was subsequently changed in the approved Permit modification. Therefore, the Division does not agree with EnergySolutions’ proposal that the failure to
conduct weekly inspections at the East Side Truck Unloading Facility was the result of a typographical error and does not approve EnergySolutions’ request for an administrative modification
to the currently approved Permit.
Requested Corrective Action: Pleasereturn the inspection of the East Truck Unloading Facility to a weekly basis. Attachment II-3 Part 4.g of the Part B Permit requires a daily inspection
of the Mixed Waste Surface Impoundment for “(the) operational status of leak detection system pump, pumpcontroller, head/pressure transducer, and flow meter equipment”.In addition to
the on-site inspection at EnergySolutions Clive facility on November 5, 2024, Division staff performed a records review of the associated BAT facilities. Part 1.E.14.d of the Ground
Water Quality Discharge Permit No. UGW450005 states “Pursuant to Part I.E.16 of this Permit thePermittee shall operate and maintain the Mixed Waste Surface Impoundment in accordance
with the State-issued Part B Permit”; due to the potential of the Facility to impact groundwater, the Mixed Waste Surface Impoundment has BAT requirements (Part B Permit Attachment II-3
Part 4.g) that are evaluated as part of the BAT Field Accompaniment Groundwater Module 7C Inspection Module. Upon reviewing the BAT records provided on November 5, 2024, Division staff
noted that the transducer and flow meter readings at the Mixed Waste Surface Impoundment Facility were unchanged from the previous BAT Field Accompaniment Inspection with Division staff
on December 3, 2023. For this reason, additional records were requested from the EnergySolutions Quality Assurance Manager, and it was identified that the flow meter reading at the Mixed
Waste Impoundment facility had not changed since an inspection by EnergySolutions on October 28, 2019.
Requested Corrective Action: Flow meter readings at the Mixed Waste Impoundment Facility have remained unchanged since October 28, 2019, during which time transducer readings also appear
almost identical to the readings recorded during the inspection on November 5, 2024.
Pleaseprovide reasoning for why this issue at the Mixed Waste Impoundment Facility may be occurring, as well as verification that the Mixed Waste Impoundment Facility flow meter is functional
and pump back system is operating as designed.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. The Director will also consider any evidence
and additional information provided by the Respondent.
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:
the cause of each compliance issue;
the specific corrective actions taken, results achieved, and applicable dates;
if future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate milestones, as applicable; and
how the corrective actions will prevent similar compliance issues from recurring.
All information regarding corrective actions relating to this matter should be addressed to the Director at:
Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O. Box 144880Salt Lake City, UT 84114-4880or by email at: [e-mail]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code § 63G-2-305.
To better ensure records are protected, all suchdocuments and information must be submitted using the mailing address above and
in accordance with Utah Code § 63G-2-309.
If the Respondent demonstrates that it has taken appropriate corrective actionsregarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter

and will consider this matter to be closed.However, if the Respondent fails to demonstrate appropriate corrective actions within the30-day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties. In all events, the matters addressed in this Compliance Advisory, including the Respondent’s corrective actions,
will become part of the Respondent’s compliance record and may be considered in connection with future enforcement matters.
If you have any questions, please contactBailey Andersonat 385-460-6130.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/BMA/[???]
Enclosure(s):
c:Jeff Coombs, Health Officer, Tooele County Health Department
Bryan Slade, Environmental Health Director, Tooele County Health Department
EnergySolutions General Correspondence Email
LLRW General Correspondence Email