DRC-2009-004229 - 0901a06880143190

Rio Algom Mining LLC
September 15, 2009
Mr. Dane Finerfrock, Director
Division of Radiation Control
Utah Department of Environmental Quality
168 North 1959 West
PO Box 144850
Salt Lake City, UT 84114-4850
CERTIFIED MAIL (7006 0100 0002 9977 4646)
Re: License UT1900481
Comments on Draft License Amendment No.3
Dear Mr. Finerfrock,
Rio Algom Mining has completed its review of the DRC Draft License Amendment dated
August 5, 2009 and received on August 17, 2009. Comments on the proposed changes
are given below.
Proposed Amendment Contains the following changes:
1) The inclusion of well LW-1 as a Trend Well on TABLE 3. Condition 53.B.
Rio Algom Mining has no comments on the inclusion of LW-1 as a Trend Well
on TABLE 3. Condition 53. B.
2) The inclusion of a Uranium Target Action Level of 0.028 mgA on TABLE 3.
Condition 53.B, as proposed previously by Rio Algom.
Rio Algom Mining has no comments on the inclusion of a Uranium Target
Action Level of 0.028 mg/L on TABLE S.Condition 53.B.
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monitoring would be done quarterly until the last quarter of 2007, and is no
longer applicable.
Rio Algom Mining has no comments on the deletion of Table 4, Condition
53. G.
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 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
P.O. Box 218, Grants, NM USA 87020 - Tel: [phone] - Fax: [phone]
Rio Algom Mining LLC
forward would entail a full year (or 2 years starting in 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.
Rio Algom Mining would like to propose the following language for License
Condition 53.C. (2):
53.0.
(2).a. An out of compliance, OOC, exceedance in a Trend Well will not
occur unless the magnitude of the reported parameter exceeds the
maximum contamination concentration specified in Tables 1, 2, and 3 of
the License by 20%.
As the table below shows, laboratory results with-in and between
laboratories can vary by as much as 20%-30%. The EPA guidelines for
split sampling allow a 20% Relative Percent Difference (RPD) with-in the
same laboratory.
ELI ACZ
Date
03/19/08
re-run
06/04/08
re-run
08/07/08
re-run
10/28/08
03/25/09
06/11/09
RL-1
U
46.3
34.3
46.7
47.8
44.3
46.0
45.2
44.8
44.6
RL-1 A
U
43.1
46.9
43.4
44.6
42.2
44.1
45.1
Ave
44.9
47.4
43.9
45.3
43.7
44.5
44.9
RL-1
U
42.5
34.4
39.0
37.6
37.5
RL-1 A
U
42.3
33.6
39.7
39.1
43.7
Ave
42.4
34.0
39.4
38.4
40.6
08/13/09 42.1 44.4 43.3 36.6 35.8 36.2
An allowance to be within the 20% RPD will not change the water quality
status of the aquifer. Non-trend wells would not be granted the 20% RPD
allowance. Trend wells are EF-6, EF-8, ML-1, RL-1, RL-3, H-63, and LW-
1. The purpose of these wells is to monitor trends or changes in the
concentration of selected chemical parameters.
(2).b. If a parameter exceeds the maximum contamination concentration
specified in Table 1, 2, and 3 by more than 20%, the well will be sampled
on a quarterly basis until the parameter in exceedance has been reported
P.O. Box 218, Grants, NM USA 87020 - Tel: [phone] - Fax: [phone]
Rio Algom Mining LLC
below the maximum contamination concentration, or until the event is
resolved to the Executive Secretary's satisfaction.
Rio Algom Mining understands that 1 or 2 years would be an excessive
lapse of time to follow up on an exceedance; however, RAM does feel that
quarterly sampling would be an adequate sampling interval to monitor an
exceedance. RAM would also like to express our concerns about not
being able to access some wells during winter months, making it
extremely difficult to monitor on a monthly basis.
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 February 15, 2007 and per this letter
respectively.
Rio Algom Mining has no comments on the deletion of Condition 53.1.
Rio Algom Mining appreciates the opportunity to comment on the proposed license
amendments.
Sincerely,
Chuck Wentz
Environmental Department Supervisor/RSO
Rio Algom Mining LLC
cc: T. Fletcher
P.O. Box 218, Grants, NM USA 87020 - Tel: [phone] - Fax: [phone]