DRC-2025-001464

Deq submit <[e-mail]>
Fwd: White Mesa Mill - Verification of Continued Acceptability to Receive CERCLA
Waste
1 message
Stevie Norcross <[e-mail]>Mon, May 5, 2025 at 8:20 AM
To: Deq submit <[e-mail]>
---------- Forwarded message ---------
From: Bohan, Suzanne <[e-mail]>
Date: Mon, May 5, 2025 at 8:18 AM
Subject: White Mesa Mill - Verification of Continued Acceptability to Receive CERCLA Waste
To: Doug Hansen <[e-mail]>, Stevie Norcross <[e-mail]>, Adam Wingate
<[e-mail]>
Cc: McNeill, Kristin <[e-mail]>, Jacobson, Linda <[e-mail]>
Good morning, Doug, Stevie and Adam,

On Friday, May 2, EPA Region 8 issued the attached Verification of Continued Acceptability (VCA) under the CERCLA Off-
site Rule for the White Mesa Mill to receive CERCLA waste. As we’ve discussed, EPA Region 10 requested this VCA to
allow CERCLA waste from the Midnite Mine Superfund Site in Washington to be taken to the White Mesa Mill. EPA will
send this VCA to Energy Fuels Resources later today and will cc you on that transmittal. Thank you for working with us as
we conducted our evaluation for this VCA.

Best,

Suzanne

Suzanne J. Bohan
Director, Enforcement and Compliance Assurance Division
Region 8 U.S. EPA
1595 Wynkoop Street
Mail Code ECA-IO
Denver, CO 80202
Phone: [phone]|[e-mail]

5/5/25, 9:59 AM State of Utah Mail - Fwd: White Mesa Mill - Verification of Continued Acceptability to Receive CERCLA Waste
https://mail.google.com/mail/b/AEoRXRR7oTn0557AaNGuX_uCQ6GwTjz3ebedL9g-AodAyQWAmNGN/u/0/?ik=adf9d5e615&view=pt&search=all&per…1/2
--
Stevie Norcross, PhD
Assistant Director |
Division of Waste Management and Radiation Control,
Utah Department of Environmental Quality
Office: [phone]
Front Desk: [phone]
wasteandradiation.utah.gov
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
Statements made in this email do not constitute the official position of the Director of the Division of Waste
Management and Radiation Control. If you desire a statement of the Division Director's position,
please submit a written request to the Director, including copies of documents relevant to your request.
White Mesa Mill CERCLA OSR acceptability.5_2_2025 esigned.pdf
248K
5/5/25, 9:59 AM State of Utah Mail - Fwd: White Mesa Mill - Verification of Continued Acceptability to Receive CERCLA Waste
https://mail.google.com/mail/b/AEoRXRR7oTn0557AaNGuX_uCQ6GwTjz3ebedL9g-AodAyQWAmNGN/u/0/?ik=adf9d5e615&view=pt&search=all&per…2/2

Verification of CERCLA Offsite Rule Acceptability of White Mesa Mill Units
EPA Region 8 has received EPA Region 10’s request for a determination on whether the White Mesa
Mill (“Mill”) continues to be acceptable to receive CERCLA waste pursuant to the CERCLA § 121(d)(3) Offsite Rule (“OSR”). The Mill has several units for which it has requested and received prior EPA approval to receive
CERCLA waste:
• Tailings impoundment Cells 3 and 4A (conventional)
• Solutions storage and water evaporation impoundment Cell 4B (non-conventional)
• Ore pad
• Ore processing circuit
• Alternate feed processing circuit
• Storage pads related to the alternate feed processing circuit
Region 8, in coordination with the Utah Department of Environmental Quality (Utah DEQ), has evaluated the Mill’s acceptability based on the two criteria set forth in CERCLA § 121(d)(3): a facility will be deemed in compliance for the purpose of the OSR if there are (1) no relevant violations at or
affecting the unit or units receiving CERCLA waste; and (2) no uncontrolled releases 40 C.F.R. §
300.440(b)(1)-(2). For non-RCRA facilities such as the Mill, CERCLA wastes should not be sent to any unit if the EPA has information indicating an environmentally significant release of hazardous substances has occurred at that facility, unless that release is controlled by an enforceable agreement for corrective action under an applicable Federal or State authority. 40 C.F.R. § 300.440(b)(2)(D). Neither
Region 8 nor Utah DEQ have identified current relevant violations of federal or state law affecting units
at the Mill receiving CERCLA waste. As discussed in Attachment 1, Region 8 is coordinating with Utah DEQ to explore the efficacy of the state-issued corrective action agreements in controlling releases of hazardous substances in the groundwater beneath the Mill. While this coordination and additional data gathering continues, Region 8 defers to the State’s determination that there are no uncontrolled releases
at the Mill. Having satisfied the two OSR criteria, Region 8 is issuing this Verification of Continued
Acceptability (VCA) for the Mill to receive CERCLA waste. This VCA, issued today, May 2, 2025, expires in sixty days. This VCA is valid until July 2, 2025. If CERCLA wastes are planned to be sent after July 2, 2025,
please submit a request for a new acceptability determination at least 14 days prior to any planned
shipments. Sincerely, Linda Jacobson Region 8 CERCLA OSR Coordinator

LINDA
JACOBSON
Digitally signed by LINDA JACOBSON
Date: 2025.05.02 11:49:06 -06'00'

Attachment 1
Ongoing Actions
Region 8 and Utah DEQ have been evaluating groundwater conditions at and around the Mill for many years to assess potential releases from the Tailings Management System as measured by a network of
groundwater monitoring wells. A state-issued Groundwater Discharge Permit identifies 21 Point of
Compliance (“POC”) monitoring wells that are required to meet the groundwater compliance limits defined in the groundwater discharge permit. While many groundwater compliance limits are set close to background, between 2021 and Q3 2024, there have been over 800 individual exceedances of groundwater compliance limits of multiple contaminants in 14 of the Mill’s 21 POC monitoring wells.
According to Utah DEQ, the Mill’s owner/operator is complying with the additional notification,
assessment, and corrective action permit requirements triggered by permit exceedances and out of compliance wells and is in compliance with the two state-issued corrective action plans aimed at addressing contaminant plumes underlying the Mill. Nonetheless, permit exceedances and out of compliance wells raise concerns that additional measures may be necessary to control known and
potential unidentified releases.
To aide in the evaluation of groundwater conditions and potential release from the Mill, EPA installed additional offsite monitoring wells in 2024 to evaluate offsite groundwater quality. EPA’s review of water quality data from these wells is currently underway. Utah DEQ is initiating steps to gather
additional data to evaluate the integrity of the tailings impoundment cells. EPA will continue to gather
data and will be working with Utah DEQ on further review and analysis of all available data and the protection of groundwater quality at the Mill.