DRC-2009-000863 - 0901a0688010d849

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Deniaon Mines (USA) Corp.
1030 ITtti Street, SuKa OSO
Denver, CO 80289
USA
Tel: [phone]
Fax: [phone]
www.defil9onniines.com
March 17,2009
Mr. Dane Finerfrock, Executive Secretary
Utah Radiation Control Board
Utah Department of Environmental Quality
168 North 1950 West
P.O.Box 144810
Salt Lake City, UT 84114-4810
Dear Mr. Finerfrock:
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Re: Radioactive Materials License (RML) No.UT1900479 - Response to December 15,
2008 Inspection Report
Reference is made to the December 15, 2008 letter (the "Letter") from the Executive Secretary
(the "Executive Secretary") ofthe State ofUtah Radiation Control Board and attached Inspection
Report (the "Report") relating to the inspection of Denison Mines (USA) Corp's ("Denison's)
White Mesa uranium mill (the "Mill") conducted by State ofUtah Division of Radiation Control
Staff on November 18 and 19, 2008. Denison received the Letter on December 17, 2008.
In the Letter and Report you identify a number of concems and make a number of
recommendations and request that Denison respond to these concems and recommendations
within 60 working days of receipt ofthe Letter.
The purpose of this letter is to provide the requested response. Each concem or recommendation
is shown in italics below, followed by Denison's response.
1. Item 1. Employee Interviews
Four Radiation Technicians were interviewed during the inspection.
The answers from the four employees varied depending on their experience and specific job
responsibilities. The two experienced Radiation Technician's answers were consistent with mill
procedures on how to perform the different surveys. However, one ofthe technicians had
dijficulty with the release limits. The other Radiation Technicians only perform surveys on ore
trucks. Their answers also were consistent with Mill procedures. They could only answer the
questions regarding ore trucks, source checking instruments and personnel frisking due to their
limited responsibilities. These interviews indicated a lack of a formal training program at the
mill for the Radiation Technicians which has led to an inconsistency in the level of training.
DRC recommended that the Mill develop a training program for Radiation Technicians for
consistency in training and have distinct levels of achievement in their training.
Denison Response:
Reference is made to Denison's letter of Febmary 5, 2009 to the Executive Secretary (the
"Interrogatory Response Letter") in response to interrogatories relating to the Mill's Febmary
2007 Radioactive Materials License renewal application.
Section 1 ofthe Interrogatory Response Letter sets out the organizational stmcture ofthe Mill's
Radiation Safety Department. There are three levels of Radiation Technicians in the department:
the Lead Radiation Technician, one or more Radiation Technicians and several Crew Radiation
Technicians.
The Lead Radiation Technician reports directly to the Mill's Radiation Safety Officer ("RSO").
The Radiation Technician(s) report to the Lead Radiation Technician on day-to-day matters and
to the RSO generally, but are more experienced than the Crew Radiation Technicians, who also
report to the Lead Radiation Technician on day-to-day matters and to the RSO generally.
The Lead Radiation Technician fulfills all ofthe requirements of NRC Regulatory Guide 8.31,
Information Relevant to Ensuring that Occupational Radiation Exposures at Uranium Recovery
Facilities will be As Low as is Reasonably Achievable, May 2002 ("Reg. Guide 8.31") for a
Health Physics Technician and satisfies the requirement that the Mill have at least one fially
qualified Health Physics Technician. The Lead Radiation Technician is the RSO's designee in
the absence ofthe RSO.
The Mill's Radiafion Technicians assist the RSO and Lead Radiation Technician in ensuring that
the Mill's radiation safety programs and requirements are implemented. The Radiation
Technician(s) perform specific tasks under the direction ofthe RSO and Lead Radiafion
Technician. As a Radiation Technician gains more experience, he or she is given more
responsibility in his or her tasks and is subject to less direct supervision by the RSO and Lead
Radiation Technician. It is expected that, over time, Radiation Technicians will also qualify as
Health Physics Technicians under Reg. Guide 8.31.
The Crew Radiation Technicians' responsibilities are mainly limited to release surveys of
personnel and equipment out ofthe Mill's restricted area. As Crew Radiation Technicians gain
more experience they may be given additional responsibilities.
The RSO maintains ultimate responsibility to ensure that the Mill's radiation safety program is
properly implemented in accordance with all applicable laws, regulafions, permits and licenses.
The Lead Radiafion Technician, the Radiation Technician(s) and the Crew Radiation
Technicians serve mainly to assist the RSO in performing that fiinction. The levels of
responsibility given to the Lead Radiation Technician, the Radiation Technician(s) and Crew
Radiation Technicians are commensurate with their qualifications and levels of experience.
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The Mill has a training program for its Radiation Safety Department staff This training program
consists ofa number of different stages, as described below:
Familiarization with Applicable SOPs, Permit and License Conditions, and Laws. For all
new trainee employees into the Radiation Safety Department, the trainee must first read and
study the Mill's Standard Operating Procedures ("SOPs"), license and permit conditions and
mles, regulafions and guidance that are applicable to his or her duties and responsibilities.
Side by Side Training. After studying the applicable SOPs, license and permit conditions and
mles and regulafions, the trainee is paired with an existing Radiafion Technician who walks the
frainee through the procedures and shows the trainee how to apply the written procedures to day-
to-day operafions. During this side-by-side training, the trainee will begin performing some
tasks under the oversight ofthe Radiation Technician or other qualified radiation safety
personnel.
Radiation Safety Quiz. After radiafion safety staff have determined that the employee is
confident in the tasks he or she is performing (e.g., scanning) the trainee is given a written
examinafion. The employee must pass the examination with a score of 70% or higher.
Probationary Period. The individual will confinue to work on a monitored basis during a
probationary period. The duration ofthe probationary period will vary from individual to
individual, and will generally be longer for individuals with less educational background.
During this period, the employee will be limited to the perfomiance of certain specified
acfivifies. By limiting these activifies, the employee will have a better understanding ofthe
activities and will become equipped to perform the activities and operate the required
instmmentation. The probafionary period will end when senior radiation safety staff are satisfied
that the employee has demonstrated competence in and an aptitude for his or her assigned
acfivifies.
Monitoring of Performance on Additional Duties. After the successfial complefion ofthe
probationary period, the trainee will be given more duties. Each additional duty will also be
monitored by radiation safety staff to determine the trainee's competence in the activity before
the trainee will be assigned fiirther activities.
Offsite and Specialized Onsite Training. After the successful complefion of his or her
probationary period, the frainee will be sent offsite to attend a training course. The course
curricula will vary. However, concepts of study will include, but not be limited to, basic
radiation, instmmentafion, effects of radiation, dosimetry, mles and regulafions, radiological
surveys and documentation. Offsite fraining will take place every two years, or more frequently
when required by changes in policies and procedures. These offsite courses will also be
supplemented by specialized training by senior radiafion Staff, held on site. This fraining will
include, but not be limited to, radiation work permits issuance, altemate feed materials, personal
protective equipment usage, respiratory protection and basic radiation.
Performance Reviews. Each year the Radiation Department employees will be rated as to their
performance during the previous year. If an employee has a deficient rating, that employee will
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be placed on probation and then re-evaluated after 90 days. If the deficiency is not rectified after
90 days, the employee will be discharged from service in the Department.
Satisfaction of Reg Guide 8.31 Requirements. The Lead Radiafion Technician will safisfy the
qualifications for a Health Physics Technician under Secfion 2.4.2 of Reg. Guide 8.31 based on a
combination of education and experience. The Lead Radiation Technician will have satisfied the
training and experience requirements of Section 2.4.2 of Reg. Guide 8.31 by having gone
through the training program set out above for at least one or two years, depending on his or her
educational background. During this training period, the Lead Radiafion Technician will have
been provided a combination of on-the-job training and specialized training in radiation
protecfion applicable to the Mill. In addifion, once qualified as a Health Physics Technician in
accordance with Section 2.4.2 of Reg. Guide 8.31, the Lead Radiafion Technician will take
additional training to prepare to become a Radiation Safety Officer in the fiature, should the need
arise.
Denison believes that the combination of on-the-job training under the tutelage of experienced
radiation safety personnel, combined with offsite specialized training once the trainee has
enough pracfical experience on the job to fully understand such specialized training, provides the
best environment for fraining inexperienced personnel. This has been proven to be a successful
method of training new personnel in the Radiation Safety Department at the Mill over the years.
In addition, all radiation safety personnel, notjust the RSO and the Lead Radiation Technician,
are required to take offsite refresher training on Mill facility health physics every two years, and
all radiation safety staff participate in periodic intemal training sessions. Denison believes that
this combination of intemal and offsite training ensures that all radiation safety staff personnel
maintain or improve their levels of competence.
As is evident from the foregoing, the Mill's training program for Radiafion Safety Department
staff involves a combination of training sessions combined with supervised hands on experience,
where the trainee is given more responsibilities as he or she demonstrates competence. As a
result, at any one point in fime, such as was observed during the November 2008 inspecfion,
there will be a difference in the level of training and experience among the members ofthe
Department. The Mill recognizes this and assigns responsibilities accordingly.
2. Documentation:
Survey Documentation
• Utah Rule R313-15-1I03 "Records of Surveys" paragraph (1) states "Each
licensee or registrant shall maintain records showing the results of surveys and
calibrations required by Section R3I3-I5-50I ". The inspectors observed on
many release surveys that the licensee has not documented the proper surveys of
released equipment by only naming the object being sur\>eyed and only having
one result recorded for that item. This rule requires the licensee to document
surx'eys that are necessary under the circumstances to evaluate: (a) the magnitude
and the extent of radiation levels; and (b) concentrations or quantities of
radioactive material. Equipment surveys should have a description or have a
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picture ofthe item that is being surveyed. Describe or show where and how the
measurements were taken, (e.g wipes samples, direct reading) and record the
results for each measurement.
Denison Response:
For the release of ore tmcks and intermodal containers ("IMCs") the release
survey forms have a description ofthe trailer or IMC with a numbered grid, and
the survey results are tied to the areas ofthe trailer or IMC by reference to the
grid.
For other types of equipment that are released, the Mill's practice has been to
survey the equipment on several surface areas that are considered to be
representative and to record on the form the highest reading from the several
surveyed areas. A narrative is added to the form indicating the location ofthe
surveyed area that gave the highest reading. Implicit in this is that all other
readings were lower than the one recorded reading. If the highest reading exceeds
the release criteria, then the piece of equipment will be sent back for
decontamination. After completion of decontamination it will be re-surveyed in
the same manner.
However, in order to better record the surveying activities, the Mill's Radiafion
Technicians have been instmcted to describe on the survey release form all areas
on the piece of equipment that have been surveyed and to identify the area with
the highest reading. These new practices were implemented commencing on
December 19, 2008.
• Utah Rule R3I3-15-I101, "Records - General Provisions " paragraph (3) states
"The licensee or registrant shall make a clear distinction among the quantities
entered on the records required by Rule R313-15 ". The inspectors observed
survey forms that documented results that were less than MDA but the MDA was
not documented. The DRC requires that the licensee documents the MDA of an
instrument on the survey form when comparing results to the MDA. The terms
"less than MDA " have no quantities associated with them unless the MDA is
documented. The inspectors did not observe measurements being recorded as
less than background and the background not being recorded but this principle
also applies to surveys being compared to "background".
Denison Response:
Commencing on Febmary 13, 2009, the MDA ofthe instmment used for a release
survey will be written on the release survey form.
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• Survey forms should include the release limits and calculations used by the
Radiation Technicians. This will help with consistency in reporting the required
units and remind the Radiation Technicians what the Mill's release limits are
Denison Response:
Commencing on Febmary 13, 2009, all survey forms will include the release
limits and calculations used by the Radiation Technicians.
• Survey forms should include a comment section. This will enable the Radiation
Technicians to document additional information regarding the survey. The
inspectors observed on many surveys, that additional information regarding the
item being surveyed was written in the margins due to the lack ofa section for
comments
Denison Response:
Commencing on Febmary 13, 2006, all survey forms will include a comment
section that will enable the Radiation Technicians to document any additional
information regarding the survey.
• Technicians should report survey results using the same units that are on the
.form. For example, the inspector observed on many ofthe surveys, that the form
asked for dpm and the technician documented the results in cpm. Also,
contamination results should include the area surveyed for example dpm/100cm .
This will make the surveys consistent from Radiation Technician to Radiation
Technician and clearer for the reviewer.
Denison Response;
On November 20, 2008, all Radiation Technicians were instmcted to report
survey results using the same units that are on the form, and that contamination
results should include the area surveyed, for example dpm/lOOcm^. Denison will
inspect the forms from time to time to verify that this is in fact being done, and
will provide additional training as required to ensure that all survey results are
reported in the proper units and contain all necessary descriptive information.
Sealed Sources Documentation
Compliance with the documentation requirements ofthe Mill's General License will be
addressed in a separate inspection and report.
Denison Response:
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No action required at this time.
Site Security Documentation
No deficiencies.
3. Item 3. RSO Interview:
The RSO and inspectors discussed how the RSO and the Radiation Technicians performed the
different types of release surveys at the Mill.
During the discussions with the Mill RSO, the inspectors identified areas for improvement and
concerns in regard to compliance with R313-15-501(l) and 49 CFR. The concerns are as
follows [note, we have changed the order ofour response compared to the order set out in the
Report to address the release of ore tmcks first, as we believe the discussion relating to the
release of ore tmcks is the most comprehensive and sets the stage for the discussion relating to
the release of product dmms and other forms of equipment]:
• Ore Trucks
o T/^e Ml'//does nof curren//y use w/pe samp/es during (/le survey on t/ie exterior of
ore trucks prior to re/ease. 49 CF/i /7J.'^43, paragraph faj states t/iat eac/i
package be surveyed/or remova£>/e contamination, /t a/so describes in part fJJ of
paragrap/i (aJ /iow a wipe samp/e s/iou/d be used to survey/or removab/e
contamination. T/ie /icensee is required to co//ect a wipe (pre/erab/y a Large
Area fVipeJ samp/e on t/ie exterior qfore trucks as part of t/te re/ease survey.
Denison Response:
Denison's release survey procedure for ore tmcks is consistent with NRC Regulatory
Guide 8.30, Health Physics Surveys in Uranium Recovery Facilities, Revision 1, May
2002 ("Reg. Guide 8.30") at Table 2 and Secfion 2.7, which specifies that "Surface
contamination surveys should be conducted before potentially contaminated equipment is
released to unrestricted areas. The surface contamination limits listed in Table 2 are
recommended".
Section 4.0 ofthe Mill's End Dump Trailer Acceptance, Handling and Release,
procedure PBL-9, Rev. No.: R-0, provides that:
"All end dump trailers and tmcks will be decontaminated after unloading
prior to leaving the Mill. Generators or transporters will notify [Denison]
whether a specific trailer is to be released for restricted or unrestricted use.
Any trailers that are to be released for restricted use will be
decontaminated according to the requirements contained in U.S.
Department of Transportation (DOT) Part 49 CFR 173.441(b) and
173.443 (copies attached). Any frailers that are to be released for
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unrestricted use will be decontaminated according to the requirements
found in Table 1 ofthe Nuclear Regulatory Commission's (NRC's) Policy
and Guidance Directive FC-85-23, "Guidelines for Decontamination of
Facilities and Equipment Prior to Release for Unrestricted Use or
Termination of Licenses for Byproduct, Source, or Special Nuclear
Material" issued May 1987 (copy attached). Trailers requiring repair will
be decontaminated for unrestricted release, to facilitate repairs by the
transporter at the transporter's own site. Trailers may be repaired without
undergoing full decontamination if repaired within the Restricted area of
the Mill."
Restricted Release. At the Mill the ore tmcks are consigned as "exclusive-use" vehicles
for the shipment of Low Specific Activity Material (LSA-1). As such, these vehicles are
used for uranium ore shipments only, and their use is restricted accordingly. As
exclusive use shipments, the tmcks remain marked in accordance with the requirements
of the U.S. Department of Transportation ("DOT") until they are no longer used for that
purpose, at which time each tmck is subjected to a survey for unrestricted release.
During the exclusive use arrangement, the interior ofthe transport trailer is not
decontaminated between shipments; however, the trailer must remain closed by means of
its protective cover to preclude access and preclude release of material from the interior
surface. These exclusive use vehicles are subjected to a restricted release survey until
such time as they are no longer shipping uranium ore.
As stated in the excerpt above, any trailers that are to be released from the Mill's
restricted area for restricted use will be decontaminated according to the requirements
contained in DOT Part 49 CFR 173.441(b) and 173.443. Secfion 173.443 provides that a
determination of whether or not the applicable release limits have been achieved can be
accomplished in one of two ways:
a) By taking 300 square centimeter swipes in a sufficient number of areas in the
most appropriate locations to yield a representative assessment ofthe removable
contamination; or
b) By using other methods of assessment of equal or greater efficiency.
It should be noted that the regulations do not suggest a preference for one method over
the other. It is therefore not correct to state that 49 CFR 173.443 describes that a wipe
sample should be used. Either method is satisfactory. Also, it is important to note that 49
CFR 173.443 does not state that the entire surface area needs to be swiped under the first
method. Rather it requires that a sufficient number of areas be surveyed to yield a
representative assessment. It is clear that the intention of this section ofthe regulations is
not to require that all surface areas be surveyed. Since the second method refers to
methods of assessment of equal or greater efficiency, it follows that any other method
under paragraph (b) would also not require that the entire surface area be surveyed.
Restricted release surveys performed at the Mill for exclusive use vehicles involve a
survey ofthe exterior ofthe vehicle prior to release on public roadways. This survey
occurs after routine decontamination ofthe vehicle's exterior and is conducted by means
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of portable alpha detection equipment. The portable meters measure combined
removable and fixed contamination directly from the monitored surface and, as such, the
measurement does not discern removable from fixed contamination. In contrast, the
"Large Area Wipes" referred to in paragraph a) above measure only the removable
contaminants. As a result, in performing its release surveys, Denison applies the more
restrictive limits applicable to removable contaminafion (1,000 dpm alpha per 100 cm^)
to the combined fixed plus removable measurement attained by this particular monitoring
method. Using portable alpha detection equipment that measures the combined fixed and
removable contamination is therefore "another method" contemplated by paragraph b)
above of "equal or greater efficiency", because the Mill applies the removable
contamination standard to a combined reading of fixed and removable contamination. If
the trailer passes the survey, then the combined fixed and removable contamination levels
must be less than the standard for removable contamination, and hence the removable
contamination must also be less than that standard.
In applying this more conservative approach, all contamination on the exterior of these
vehicles is maintained below 1000 dpm/100 cm^, even though the Table 2 limits would
allow up to 15,000 dpm/100 cm^ on an individual combined fixed and removable
contamination reading and an average combined fixed and removable reading of up to
5,000 dpm/100 cm^ for areas up to 1 m'^. Denison's pracfice is conservative in that it
limits contaminants to the more restrictive removable limit for all contamination and is
therefore ALARA and in compliance with the requirements of 49 CFR 173.443 and the
Mills SOPs.
It should also be noted that Note (e) to the Guidelines for Decontamination of Facilities
and Equipment Prior to Release for Unrestricted Use or Termination of Licenses for
Byproduct, Source, or Special Nuclear Material issued May 1987 (the "NRC Release
Guidance") states that the amount oi removable radioactive material per 100 cm^ of
surface area should be determined by wiping the area. We agree that a wipe would be
required if we were attempting to measure removable contamination only. There is no
other accepted method of measuring removable contamination only. However, since we
are more conservatively measuring combined fixed and removable contamination, and
comparing the combined reading to the removable standard, a wipe is not necessary, and
in fact, since it does not also measure the fixed alpha, a wipe is a less desirable and less
conservative method than the method currently being used at the Mill.
Unrestricted Release. Release surveys conducted at the Mill for ore tmcks that are being
released for unrestricted use, include the same procedures as those for restricted release,
except that the interior ofthe ore transport trailer is included in the survey and all DOT
markings are removed from the vehicle. The applicable standards are those set out in
Table I ofthe NRC Release Guidelines. Again, since the ore tmck will only be released
if the combined fixed and removable contamination is less than the standard set out in
Table 1 of such Guidance for removable contamination alone, the Mill's approach is
ALARA and in compliance with the requirements ofthe Guidance and the Mill's SOPs.
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Not only are the foregoing methods more conservative than are required by the
regulations and applicable Guidance, they are also consistent with industry practice in the
uranium recovery industry. Denison has contacted a number of other uranium recovery
facilities in the United States - another uranium mill and two in situ leach recovery
facilities - to discuss the methods of release surveys required under their Atomic Energy
Act licenses. All of these other facilities perform their primary surveys with portable
alpha detection meters in a similar fashion as described above for the Mill. None of these
facilifies swiped surface areas as their primary means of surveying for release.' One of
the facilities performed swipes on selected surface areas to confirm proper
decontamination, but only if the piece of equipment failed the survey performed by the
handheld meter. None of the facilities surveyed the entire surface area. Rather, they
surveyed a sufficient number of areas in order to yield a representative assessment.
While it may be tme that other facilities in the nuclear fiiel cycle or waste disposal
facilities that deal with transuranics and other radionuclides (which in the case of
transuranics have a release standard of 20 dpm/lOOcm^ for removable contamination,
some 50 times lower than the release standard for uranium recovery facilities of 1,000
dpm/lOOcm^ for removable contaminafion) are required to use different release
procedures, such procedures are not necessary for uranium recovery facilities and are not
consistent with established practice in the uranium recovery industry.
Product Drum Surveys
o rke Mi//does not current/y use wipe samp/es on every product drum to survey for
removab/e contamination. Denison Mines ([/SAJ, by t/ieirprocedures requires
t/iat on/y 2J% of t/ieproduct drums are surveyed using wipe samp/es. T/ie Mi/fs
ALAJiAprogram references N^CJ?egu/atofy Guide 8. JO fbr conducting
radio/ogica/ swveys. NJiC Jiegu/atory Guide 8.30 references 49 CFU /73.443.
Paragraph (aJ of49 CFR /73.443 states that each package be surveyedfbr
removab/e contamination. It a/so describes in part (JJ ofparagraph (aJ how a
wipe samp/e shou/d be used to survey fbr removab/e contamination. The
procedure and ALAJ14program are in conf/ict A//product drums require a wipe
samp/e.
Denison Response:
Product dmm surveys are performed in the same fashion as the surveys performed for
'exclusive use" ore tmcks referred to above, with the additional requirement to perform
alpha swipes in certain circumstances. Please see the discussion above pertaining to ore
It should be noted that the use of survey instruments to detect combined fixed and removable contamination
instead of using swipes to detect removable contamination, as contemplated by Table 2 of Reg. Guide 8.30, has been
found to be acceptable under that Reg. Guide. The note to the first page ofthe Reg. Guide states that "Regulatory
guides are issued to describe and make available to the public such information as methods acceptable to the NRC
staff for implementing specific parts ofthe NRC's regulations,.... Methods and solutions different fi-om those set
out in the guides will be acceptable ifthey provide a basis for the findings requisite to the issuance or continuance of
a permit or license by the Commission."
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tmcks for an explanation why the survey techniques are sufficient to demonstrate
regulatory compliance and maintain public health and safety.
The procedures applicable to product dmm release surveys are set out in Section 2.7 of
the Mill's Radiation Protection Manual for uranium product shipments and in the Mill's
procedure ''''Release and Shipping of Vanadium Blackfiake" No. PBL-15 Book 10 for
vanadium product shipments.
As with ore tmcks, the procedures require that a survey of total fixed and removable
contamination be performed using a hand-held meter. If the measurement for combined
fixed and removable alpha exceeds the standard for removable alpha alone, than an alpha
swipe must also be performed. To the extent these procedures are similar to the
procedures applicable to the release of ore tmcks, they satisfy the Mill's ALARA goals
and applicable regulatory requirements, for the reasons discussed above. The
requirement to perform a swipe on product dmms if the hand held measurement exceeds
the release standard, goes even one step fiirther than is required for the release of ore
tmcks. However, in addition to these requirements, the procedures also require that, even
if the measurement for combined fixed and removable alpha contamination does not
exceed the standard for removable contamination, a swipe test must be performed on at
least 25% ofthe product dmms. This additional test is intended to provide quality
assurance that the primary survejang method provides the required outcome. These
additional quality assurance measures have been instituted for product dmm surveys,
given the fact that by their very nature there is a possibility that product dmms could have
picked up some U308 dust from the packaging process, which warrants heightened
scmtiny. This is not a material risk for ore tmcks or IMCs.
It is therefore not correct to say that a removable survey will only be performed on 25%
ofthe product dmms. As discussed above, if the measurement for total alpha activity
exceeds the standard for removable alpha activity on all dmms, then a removable survey
must also be performed on all dmms.
It should be noted that Section 2.8 of Reg Guide 8.30 states that:
"After being filled, yellowcake packages should be washed down to
remove surface contamination. Surveys of extemal surfaces of
yellowcake packages prepared for shipment should be carried out before
shipment. The surveys conducted should be adequate to ensure that the
wash-downs are reducing surface contamination levels to less than
Department of Transportation (DOT) limits, but do not necessarily include
a survey of each package. The bottoms of all barrels should be surveyed
to determine the effectiveness ofthe wash-downs." [Emphasis added]
It is therefore not correct to say that a wipe sample should be used (other methods of
equal or greater efficiency are just as acceptable) or that a wipe sample is required on
each product dmm. In fact all ofthe Mill's product dmms are surveyed in a conservative
fashion for fixed and removable alpha contamination, and, in addition swipes are taken to
confirm these survey results on any exceedance ofthe release criteria and in any event on
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at least 25% ofthe dmms. Based on our discussions with the other uranium recovery
facilities discussed above, the Mill's procedures for product dmms exceed industry
standards.
• Intermodal Containers
o The Mi//does not current/y survey the inside surfaces of DOT Empty intermoda/s.
49 CFU /73.428, paragraph fdJ requires that interna/removab/e contamination
does not exceed 700 times the /imits in 49 CFJi L73.443{aJ. The Mi//needs to
demonstrate that these contamination requirements are being met through
surveys or documented. The inspectors were unab/e to/nd interna/survey
infbrmation ofthe intermoda/s being re/eased under DOT Empty criteria. There
was no documentation from the Mi//asfusti/ing why the interna/surveys are not
required on intermoda/ containers being sent back DOT Empty.
Denison Response:
Uranium ore tmcks and IMCs used for transportation of ores and bulk altemate feed materials to
the Mill are classified as Class 7 Radioactive LSA-I "hazardous material " under 49 CFR 171.8.
Shipments are consigned as exclusive use shipments in accordance with the provisions of 49
CFR 173.427(a)(6) and are shipped unpackaged in accordance with the provisions of 49 CFR
173.427(c).
49 CFR 173.428 does not apply to exclusive use shipments of bulk materials. Rather, 49 CFR
177.843 provides that routine surface contamination surveys are not required for any vehicle
used solely for fransporting bulk un-packaged material in exclusive use shipments in accordance
with 49 CFR 173.427(c) provided that:
(a) A survey ofthe interior surface of the conveyance trailer (when empty) shows that the
radiation dose rate does not exceed 10 mrem/hr on contact or 2 mrem/hr at 1 rtieter from
the interior surface;
(b) The vehicles are stenciled with the words "FOR RADIOACTIVE MATERIALS USE
ONLY"; and
(c) The vehicles must be kept closed (such as through the use ofa tarpaulin) at all times
other than loading and unloading.
In order to verify that the radiation dose rate of empty vehicles will not exceed the limits set forth
in paragraph (a) above, and routine surveys to demonstrate compliance with this limit are not
warranted. Mill Radiation Staff will either perform calculations to verify that the materials are of
such a composition as to make it impossible to exceed the limits, or will verify (and document
for the record) that this is the case by surveying a representative number of vehicles as they are
released from the Mill, or will take representative contact readings on the altemate feed materials
themselves upon receipt at the Mill.
For example, for typical high grade Colorado Plateau uranium ores (0.25 %> U308), the
conveyance, when filled with uranium ore would not exceed 2 mr/hr on contact (the ore itself
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would be about 1 mr/hr on contact). Therefore, a surveyed dose rate from the interior surface (or
any other point on an empty trailer) can not exceed these limitations. Most bulk altemate feed
materials received at the Mill to date have either exhibited dose rates less than for Colorado
Plateau conventional ores, or if higher, are still less than the criteria specified above. For
example the dose rate on contact of FMRI and Cabot altemate feed materials have been
measured to be 0.8 mr/hr and 1.5 mr/hr, respectively, which would also make it impossible for
the interior surface or any other part of an IMC used for the shipment of these materials to
exceed these standards.
As a result, the Mill does not perform surveys on all conveyances if it has established by other
means that such surveys are not required to demonstrate compliance with the dose limitations.
It makes sense that 49 CFR 177.843(b) exempts any vehicle used solely for fransporting Class 7
radioacfive material from the need to have its interior surfaces surveyed for removable
contamination. There is no reason to clean the interior surfaces, since they will be reused for the
same materials and the IMC will be kept closed, so long as the extemal dose rates are within the
prescribed limits. Since there is no need to clean the insides ofthe containers, there is no reason
to measure removable contamination on the insides ofthe containers. It is to be expected that the
interior surface will contain residuals from use. However, there is no danger from such residuals
because the containers will be closed and will satisfy the dose requirements when empty. Of
course, when such conveyances are no longer used exclusively for these purposes, then they
must be decontaminated for free release as described under "ore tmcks" above.
It should be noted, however, that even though 49 CFR 173.428(b) specifically exempts such
exclusive use shipments from the need to perform alpha surveys for removable contamination on
the extemal surfaces, the Mill nevertheless performs such surveys on all such conveyances when
they exit the Mill's restricted area, as described above for ore tmcks and below for IMCs.
o T/ie Mi//does not current/y perform proper re/ease swveys of unrestricted
intermoda/ containers. The Mi/f s procedure, " Intermoda/ Container
Acceptance, f/and/ing <£ Lie/ease" references the NFC document" Guide/inesfor
Decontamination ofFaci/ities and Equipment Prior to Fe/easefbr Unrestricted
Use or Termination of Licenses fbr Byproduct, Source or Speciai/Vuc/ear
Materia/'. Tab/e J comment fcj of this document states. • "Measurements of
average contaminant shou/d not be averaged over more than L square meter. "
To obtain an average over an area, t/ie entire area needs to be surveyed and the
average is derived from mu/tip/e readings. As exp/ained by the FSO, the
intermoda/s are surveyed by dividing them into grids and one reading is random/y
taken from each grid. One reading is not an average. The entire su/face area of
each grid needs to be surveyed and mu/tip/e readings are required to obtain an
average measurement of each grid.
The DFCrequires the Ucensee tope/form comp/ete and comprehensive surveys of
unrestricted intermoda/s and equipment This inc/udes mu/tip/e readings in each
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grid, or frisking 100% ofthe entire item being surveyed along with wipe samples
performed on every survey.
Denison Response:
Intermodal containers are treated in the same fashion as the "exclusive use" ore tmcks
referred to above.
Secfion 4.0 ofthe Mill's Intermodal Container Acceptance, Handling and Release,
procedure PBL-2, Rev. No.: R-3 contains similar language to Section 4.0 ofthe Mill's
End Dump Trailer Acceptance, Handling and Release procedure referred to above.
Please see the discussion under ore tmcks above for an explanation as to how the survey
techniques are sufficient to demonstrate regulatory compliance and maintain public
health and safety.
Note (c) of Table 1 of NRC's Release Guidelines does not require that an average
reading be taken. It merely states that any measurements of average contamination
should not be averaged over more than one square meter. For example, if several
readings on the IMC were to be 15,000 dpm/1 OOcm'^, it would not be acceptable to
average the remainder ofthe readings for the IMC to arrive at an average of 5,000
dpm/lOOcm'^ for combined fixed and removable alpha contamination (see Note ** to
Table 2 of Reg Guide 8.30 which states that "average" means the average of combined
fixed and removable alpha contamination). Instead, it would be necessary to take
additional readings within one square meter ofthe high readings in order to arrive at the
average. However, the Mill is much more conservative than this. An IMC, or any other
piece of equipment, will fail the release survey if any one survey has a combined total
and removable alpha contaminafion result in excess of 1,000 dpm/1 OOcm'^. We do not
rely on averaging to jusfify any readings higher than 1,000 dpm/100cm". The Mill
therefore does not rely on averaging results to be compared to the 5,000 dpm/lOOcm^
standard, so the comment in Note (c) to Table 1 is not relevant to the Mill's procedures.
It should also be noted that NRC Reg Guide 8.30 references 49 CFR 173.443, which does
not require that release surveys be performed with swipes, but, as discussed above, may
be performed by other methods of equal or greater efficiency, such as by handheld meter,
as is the industry practice. As a result, in light ofthe more specific requirements of Reg
Guide 8.30, Note (e) of Table 1 has not been interpreted to require that surveys can only
be performed by swipes. As discussed above, we agree that a wipe would be required if
we were attempting to measure removable contamination only. However, since we are
more conservatively measuring combined fixed and removable contamination, and
comparing the combined reading to the removable standard, a wipe is not necessary, and
in fact, since it does not also measure the fixed alpha a wipe is a less desirable and less
conservative method than is currently being used at the Mill.
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Equipment
o The Mi//does not current/y perfbrm direct contamination surveys, (frisksj, on
L00% of surfaces of equipment re/easedfbr unrestricted use. The ff^ite Mesa
Mi//Fadiation Protection Program section 2.6.2, references the NFC document
" Guide/inesfbr Decontamination of Faciiities and Equipment Prior to Fe/ease
fbr Unrestricted Use or Termination of Licenses fbr Byproduct, Source or Speciai
nuc/ear materia/'. Tab/e L comment (cJ of that document states "Measurements
of average contamination shou/d not be averaged over more than J square
meter. " To obtain an average over an area, the entire area needs to be surveyed
and the average is then derivedfrom mu/tip/e readings. As exp/ained by the FSO,
the item being surveyed is divided into grids and one reading is random/y taken
from each grid of the item being surveyed. One reading is not an average. The
entire surface area of each grid needs to be surveyed and mu/tip/e readings are
required to obtain an average of each grid.
o The Mi//does not current/y co//ect wipe samp/es on every piece of equipment
re/easedfbr unrestricted use. The IfTiite Mesa Mi//Fadiation Protection
Program section 2.6.2 re/rences the NFC document " Guide/ines fbr
Decontamination ofFaci/ities and Equipment Prior to Fe/ease fbr Unrestricted
Use or Termination of Licenses fbr Byproduct, Source or Speciai Nuc/ear
Materia/'. Tab/e J comment fej of that document states " The amount of
removab/e radioactive materia/per JOO cni of surface area be determined by
wiping that area with dry filter or soft absorbent paper, applying moderate
pressure and assessing the amount of radioactive material on the wipe with an
appropriate instrument of known efficiency. " By this definition, wipe samples are
required to demonstrate that no removable contamination exceeds the limits in
table I ofthe referenced document. While reviewing the unrestricted release
survey forms for equipment that has been release from the restricted area, wipe
samples were not always collected.
Denison Response:
Release surveys for equipment are performed in a similar fashion as the surveys
performed for 'exclusive use" ore tmcks referred to above.
The procedures applicable to equipment release surveys are set out in Section 2.6 ofthe
Mill's Radiation Protection Manual, which is included in the Mill's 2007 License
Renewal Application.
Please see the discussions above for an explanation as to how the survey techniques are
sufficient to demonstrate regulatory compliance and maintain public health and safety.
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4. Item 4. Mill Tour:
Site Security:
The inspector visually inspected the Product Storage Area to assure its compliance with the
Mill's 2007 License Renewal Application, Appendix K; Security Program Section 1.3, which
states: "Access to the enclosures is restricted by limiting key access only to Mill management
personnel. Employees working within the enclosure require the authorization of such personnel
prior to access ".
The key was not restricted by limiting key access only to Mill management personnel. The key
box was located in an area other than a Mill Manager's office and is not locked which provides
access to anyone who wishes to remove the key.
Although video surveillance ofthe storage area is maintained and recorded at all times, the crew
working to load the truck was not monitored by anyone watching on the monitoring system.
However, the crew did have a Radiation Technician present with them while work continued in
the storage area. The inspector understands that the presence oflhis technician is adequate for
control of activities inside the storage area. The Mill should reword the procedural requirement
to include a provision that the presence ofthe technician supersedes the need for video
monitoring.
Denison Response:
The Mill's RSO and his designee are considered part of Mill "management". Effecfive
November 20, 2008, the box containing the key to the Product Storage Area is locked in the
RSO's desk. In the RSO's absence the RSO's designee will have access to the locked drawer in
the RSO's desk.
The Mill's Security Program will be amended to state that during times when product is being
loaded onto a tmck for removal from the Product Storage Area, either a Radiation Technician
will be present or someone will be at the video monitor watching the activities. This amendment
to the Mill's Security Program will be effecfive prior to March 31, 2009.
If you should have any questions or require additional information, please contact the
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undersigned.
Yours very tmly,
DENISON MINES (USA) CORP.
By:
David C. Frydenlund
Vice President, Regulatory Affairs and Counsel
cc: Ron F. Hochstein
Harold R. Roberts
Steven D. Landau
David E. Turk
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