DRC-2011-005795 - 0901a06880231e3f

State of Utah
GARY R. HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
Mayl7, 2011
CERTIFIED MAIL
RETURN RECEIPT REOUIRED
David Frydenlund, Vice-President and General Counsel
Denison Mines (USA) Corp.
Independence Plaza, Suite 950
1050 Seventeenth Street
Denver, Colorado 80265
RE: Inspection conducted April 19-20, 2011; Notice of Violation: Radioactive Material
License Number UTI900479
Dear Mr. Frydenlund:
On April 19-20, 2011, an inspection was conducted at your facility by a representative of the
Division of Radiation Control (DRC) of the Utah Department of Environmental Quality. Results
of the inspection were discussed with management at the conclusion of the inspection.
The inspection was an examination of the activities conducted in your facility as they relate to
compliance with the Utah Radiation Control Rules and the conditions of the license. The
inspection consisted of selective examinations of procedures and representative records,
interviews of personnel, independent measurements, and observations by the inspector.
It was noted that not all of your activities were conducted in compliance with State requirements.
A Notice of Violation is enclosed. The particular violation is described in the enclosed Notice.
Please continue to remember that radiation safety is the responsibility ofthe licensee.
UTAH RADIATION CONTROL BOARD
Rusty Lundberg, Executive Secretary
RL/KJC:kc
cc: David Turk, Radiation Safety Officer
Enclosure
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] - T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
Page 2
UTAH RADIATION CONTROL BOARD
NOTICE OF VIOLATION
Denison Mines (USA) Corp.
1050 Seventeenth Street Suite 950 License Number UTI 900479
Denver, Colorado 80265
STATUTORY AUTHORITY
This NOTICE OF VIOLATION (NOV) is issued by the UTAH RADIATION CONTROL
BOARD (the BOARD) under the Utah Radiation Control Act, as amended, Utah Code Ann. §§
19-3-101 to 19-3- 113 (the ACT), including Utah Code Ann. §§ 19-3-103.5, 19-3-108, and 19-3-
109. This NOV is also issued in accordance with the Utah Administrative Procedures Act, Utah
Code Ann. §§ 63G-4-101 through 63G-4-601. The BOARD has authorized the Executive
Secretary of the BOARD (EXECUTIVE SECRETARY) to issue such NOV in accordance with
§ 19-3-108 ofthe Utah Code.
During an inspection conducted by a representative of the Utah Division of Radiation Control
(DRC), on April 19-20, 2011, a violation ofthe White Mesa Mill Radiation Protection Manual
was identified. The current procedures for radiation protection at the Mill are those set forth in the
February 28, 2007 License Renewal Application.
Violations are prioritized according to Severity Levels, with Severity Level V being the least
significant. The particular violation of the White Mesa Mill Radiation Protection Program is set
forth below:
Radioactive Material License Renewal Application dated February 28, 2007, Appendix E, Section
1.2.3, Monitoring Procedures, step 1, states: "The alarm rate meter is adjusted within the range of
500 to 750 dpm/100 cm^ to ensure a margin of250 dpm/100 cm^ due to the low efficiency ofthis
instrumentation. **
Contrary to this requirement, instrument alarm settings at three (3) of the restricted area exits were
found to be set at higher set-points than is required by this procedure. The findings were as
follows:
g^.^ Instrument Alarm Set instrument Equivalent Set Point
Location Model# Serial# 1^^^^^ Efficiency in DPM/lOOcm^
Iround
Admin Gate L-177 264740 200cpm 10.3% . 3883
Lab Exit L-177 264743 lOOcpm 11.2% 1786
WestDoor L-177 116481 125cpm 11.5% 2174
The DRC encourages the licensee to exercise more attentiveness in regards to the Personnel
Monitoring Program. Although the DRC recognizes that the licensee has made significant
improvements to the personnel monitoring program in recent years, attention to detail in all
aspects of the program is important to ensure adequate employee radiological safety and the safety
of the general public.
Page 3
UTAH RADIATION CONTROL BOARD
NOTICE OF VIOLATION
Denison Mines (USA) Corp.
1050 Seventeenth Street Suite 950 License Number UTI 900479
Denver, Colorado 80265
This violation has been characterized as a Severity Level IV. The base penalty for this Severity
Level is $750. No Civil Penalty is proposed.
A written response, is required within 30 days after receipt of this Notice. The following
information is required: (1) The corrective actions which have been taken and the results
achieved; (2) the corrective steps which have been taken to prevent recurrence; and (3) the date
full comphance will be achieved.
Any response or written answer to this Notice of Violation should be addressed to Rusty
Lundberg, Executive Secretary, Utah Radiation Control Board, 195 North 1950 West, P.O. Box
144850, Sah Lake City, Utah 84114-4850.
CONTESTING THIS NOV
This NOV notice of agency action is effective immediately and shall become final unless
responded to in writing within thirty (30) days after the date this NOV was mailed; See Utah
Code Ann. §63G-4-204 and 209(1 )(c). Any further administrative proceedings in this case shall
be conducted formally under Utah Code Ann. §§ 63G-4-201 to 601.
To contest this NOV, you must respond in writing and must comply with the requirements of the
Administrative Rules of the Radiation Control Board, found at Utah Admin, Code R313-17 and
with the requirements of the Utah Administrative Procedures Act, including Utah Code Ann. §
63G-4-204. Those provisions of the Utah Administrative Procedures Act require, among other
things, that you state your factual and legal reasons for disagreeing with the Notice of Violation,
and that you state the action that you would like the agency to take (e.g., withdrawing the NQV).
A response to this notice of agency action must be received by the Executive Secretary within 30
days of the date this NOV was mailed.
Dated at Sah Lake City, Utah
This I^^VIA dav of May, 2011
UTAH RADIATION CONTROL BOARD
Rusty Lundberg, Executive Secretary
RL/KJC:kc
UTAH DIVISION OF RADIATION CONTROL
RADIATION PROTECTION INSPECTION MODULE RADMOD-PEM-O 1 Rev 1
SURVEYSiPOSTINGS/EXIT MONITORING
DENISON MINES - WHITE MESA URANIUM MILL
RADIOACTIVE MATERIAL LICENSE UTI9OO479
References:
o Radioactive Material LicenseIIT1900479
o License Renewal Application dated February 28,2047
o ,Radiation Protection Manual, Appendix E, Sections I and2
o ALARA Program Manual, Appendix I, Section 2
o 10CFR20
o Utah Administrative Code R313-15
o 49CFR173
Date(s) of Inspection: April 19 - 20. 2011 Inspector(s ) KevinCamey ff
'
EXIT SURVEYS
Radiation Protection Manual Section 1.2.1, Restricted Area, states "All personnel who enter the
Restricted Area will monitor themselves each time they leave the Restricted Area and at the end of their
shift. The Radiation Safety Department will review the monitoring information. All personnel exiting
the Restricted Area must initial a record of their monitorins activitv."
l) Did all employees observed monitor themselves in accordance with the Radiation Protection Manual
Section 1.2.1 upon exit from the Restricted Area?
Yes X NoX
Comments: Observed 12 workers self-monitoring at the Admin Gate and Laboratory exit. Overall
frisking performance was good.
Page I of 8
Radiation Protection Manual Section 1.2.3, Monitoring Procedures, outlines the steps required to
per{orm proper personnel monitoring.
2) Section 1.2.3 step I.
Were all exit monitor (count rate meter) alarms adjusted within the range of 500 to ?50 dpm/100cm2?
(Note: Because the Ludlum Model 177 reads out in counts per minute and because the Ludlurn Model
43-5 probe has an effective surface area of 50 cm', ensure proper calculations were used to achieve a
500 t;750 dpm/t00cm2 range).
Yes fl No X
Comments: Checked meters at the Admin Gate. Lab exit and West door. All 3 had alarm set points at a
higher setting than required. (see additional comments section on page 8 for details)
3) Section 1.2.3 step 2.
Did all observed personnel exiting the Restricted Area slowly survey their hands, clothing and shoes,
including the shoe bottorns, at a distance frorn the surface of approximately Va inch?
YesX NoI
Comments:
4) Section.1"2.3 step 6.
Has the licensee provided documentation of individual (exit) surveys being logged and initialed?
Yes X No fJ
Comments: Personnel monitoring logs were present at all three monitoring stations and all personnel
ohserved initialed the log.s as required.
Page 2 of 8
ROUTINE SURVEYS
The Mill's Radiation Protection Manual, Appendix E, Section 2.3 requires the licensee to perform alpha
surveys, both fixed and removable, at regular intervals in particular areas of the Mill. Table 2.3.2-l lists
the areas to be surveyed. Section2-3.2 requires the listed areas to be surveyed on aweekly basis during
production periods. During non-production periods, only those areas designated by the RSO as
authorized lunchroom/break areas are monitored.
Table 2.3.2-l
White Mesa MiII
Alpha Area Survey Locations
Scale House Table
Warehouse Office Desks
Maintenance Office Desks
Change Room Lunch Tables
Maintenance Lunchroom Tables
Mill Office Lunchroom Tables
Metallurgical Laboratory Desks
Chemical Laboratory Desks
Administrative Break Room Counter
Admini strati ve Office De sks
For the period including the last three (3)
"production periods" and in "non-production
months, on what dates was the Mill considered in
periods"?
s)
1st Month 2nd Month 3rd Month
Production Periods Jan-1 1 Feb-1 1 Mar-11
Non-Production Periods
Comments: For the inspection oeriod Januarv through March,2011, the site was considered in
have been running intermittently.
Page 3 of 8
6) During production periods, were all areas listed in Table 2.3.2-l surveyed for removable alpha as per
Section 2.3.2?
Yes X No fl
Comments: There was a discussion with the RSO that the nomenclature for the areas listed in Table
2.3.2-l did not match the actual survey maps. However. the areas listed were all included on thq surveys
and were being performed as required (see Close-out Meeting form).
7) During production periods, were all areas listed in Table 2.3.2-1 surveyed for fixed alpha as per
Section 2.3.2?
Yes X No fJ
Comments: See #6 above.
8) During non-production periods, wers all areas designated by the RSO as authorized lunchroom/break
areas surveyed for removable alpha as per Section 2.3.27
Yes fl Non N/AX
Comments:
9) During non-production periods, were all areas designated by
areas surveyed for fixed alpha as per Section 2.3.2?
the RSO as authorized lunchroom/break
Yes fl No I N/A X
Comments:
Page 4 of 8
The Mill's ALARA Program, Section 2.3.1, requires the RSO or designee to perform daily inspections
throughout the Mill and document the results on the Daily Mill Inspection form. Section 2.3.2 requires
the RSO and Shift Foreman or designees to perform weekly inspections throughout the Mill and
document the results on the Weekly Mill Inspection form.
Inspector shall review inspection documents for the period including the last three (3) months.
10) Has the licensee performed the daily Mill Inspections in accardance with Section
yes [J
2.3.17
No fJ
Comments: Mill records show daily inspections were performed for all calendar days in the inspection
peloO (lanuary tnro
l1) Were the forms completed to satisfy the requirements of Section 2.3.1?
Yes ffi No fl
Comments: All Jorms were found to be co
12) Has the licensee performed the weekly Mill Inspections in accordance with Section 2.3.2?
Yes X No fl
Comments: Mill records show weekl)'inspections were performed for week in the inspection period
(.Tanuary through March. 201l).
Page 5 of 8
13) Were the forms completed to satisfy the requirements of Section 2.3.2?
Yes X No fl
Comments: All forms were found to be complete.
RADIOLOGICAL POSTINGS
License Condition 9.9 states: The licensee is hereby exempted from the requirements of R313-15-902(5)
for areas within the mill, provided that all entrances to the mill are conspicuously posted in accordance
with R313-15-902(5) and with the words, "Any area within this mill may cortain radioactive material".
t4) Has the licensee conspicuously posted all entrances to the mill in accordance with R3l3- 15-9126)
and with the words, "Any area within this mill may contain radioactive material"?
Yes X No fl
Comments: All observed Mill entrances included the appropriate postings.
Utah Administrative Code R313-15-9O2(l) requires that the licensee post each radiation area with a
conspicuous sign or signs bearing the radiation symbol and the words "CAUTION, RADIATION
AREA.''
10CFR20.1003 defines a Radiation Areas as an area, accessible to individuals, in which radiation levels
could result in an individual receiving a dose equivalent in exsess of 0.005 rem (0.05 mSv) in I hour at
30 centimeters from the radiation source or from any surface that the radiation penetrates.
15) Were all radiation areas posted in accordance with R313-15-902(1)?
Yes fi No fl
Comments: Radiation areas inspected included the Chem Lab. yellow cake dryer enclosure. product
storagg area and a posted storirge trailer on the Mill site. All areas observed included the proper
radioloeical postines.
Page 6 of 8
16) Were all posted Radiation Area boundaries found to be < 5mrem/hr?
Yes ffi No fl
Comments: All boundaries were found to be well below the 5 mrern/hr limit.
As required by Utah Administrative Code R313-15-9A2(4), the licensee or registrant shall post each
airborne radioactivity area with a conspicuous sign or signs bearing the radiation symbol and the words
"CAUTION, AIRBORNE RADIOACTIVITY AREA" or "DANGER, AIRBORNE RADIOACTIVITY
AREA.''
17) Has the licensee employed the proper postings for Airborne Radioactivity Areas in accordance with
R313-15-902(4\?
Yes [}NoI
Comments: Airborne Radioactivity Areas inspected included the yellow cake dr)'er enclosure and the
sample Frep area of the laboratory. All areas observed included the FroFer radiological fostings.
18) Were all radiological postings observed found to be legible, conspicuously posted and unobstructed?
Yes X No fI
Comments: AII observed postings were found to be in well maintained. unobstructed condition.
Page 7 of 8
Aadrlr
Comments:
Inspection Item 2:
Exit Instrument As Found Instrument Equivalent Set Point
Location Model# Serial# Alarm Set Point Efficiency in DPNU100cm2
AdminGate L-177 26474O ZA9cpm 1A37o 3883
I ahFxit ' I -177 )64743 l}Qcpm l].)qo 178'6
West l)oor L-177 116481 l25com ll.57o 2174
Alarm uoint = 500 to 750 dom/lO0cm
Probe Area = 50cm"
Meter Efficiencv -- l|57o (0.115)
Lower Set Point Upper Set Point
500 dpm/100cm'+ 2 = 250 dpml5Ocm' 750 dpm/100cm' = 2 = 375 dpml5Ocm'
250 x O.lI5 = 28.75 cpm 375 x O.115 = 43.1 cpm
Alarm set noint = between 29 and 43 cpm
lnspector(s)
UTAH DIVISION OF RADIATION CONTROL
Inspection Module RADMOD-PEM-0I Rev 1
Denison Mines
White Mesa Mill
Radioactive Materials License UT 1900479
OPENING MEETING
Kevin Carnev
Date: April lq. 201I
MEETING MEMBERS
NAME COMPANY CONTACT
INFORMATION
Dave Turk Denison Mines 435-678-2221
Ron Nieves Denison Mines 435-678-2221
Kevin Carney Utah DRC 80r-536425A
UTAH DIVISION OF RADIATION CONTROL
Inspection Module RADMOD-PEM-0I Rev 1
Denison Mines
White Mesa Mill
Radioactive Materials License W 190047 9
OPENING MEETING
DISCUSSION
The inslector informed the T-lenison staff of the scope of the inspection. Tt was communicated that the insfrector
worrld need access to selected documentation as well a.s an inspection of the Mill facility.
SITE STAFF COMMENTS
The l\enison staff informed the inslector that access to all necessary records would he granted. The staff
acknowledgs:d that the Mill has heen in froducfion fcrr the last three months and informed the insFector of the
times that the mqjodty of workers would he e-iting the restricted area of the Mill. The RSCI assigned a
technician to suFport the insfecfion efforts hy retrieving records and providing escort throughout the facility.
UTAH DIVISION OF RADIATION CONTROL
Inspection Module RADMOD-PEM-0I Rev 1
Denison Mines
White Mesa Mill
Radioactive Materials License UT 190047 9
CLOSEOUT MEETING
Inspector(s) Kevin Carney
Date: April 20- 201I
MEETING MEMBERS
NAME COMPANY CONTACT
INFORMATION
Dave Turk Denison Mines 435-678-222r
Ron Nieves Denison Mines 435-678-2221
Richard Bartlett Denison Mines 435-678-2221
Kevin Carney Utah DRC 801-536-4250
UTAH DIVISION OF RADIATION CONTROL
Inspection Module RADMOD-PEM-OI Rev 1
Denison Mines
White Mesa Mill
Radioactive Materials License UT I9OO47 9
CLOSEOUT MEETING
DISCUSSION of FINDINGS
The insoector reported to the Mill Staff that there were some minor discrepancies noted in the routine survey
loss. The findins was that some of the nomenclature between the procedure and the routine survey logs did not
match - some areas of the Mill were being called by different names. However. all required areas were
surveyed during the inspected periods. The staff was informed of the second finding that several exit monitors
were found to have alarm points set higher than required by Mill procedure. The inspector informed the staff
that this would be discussed with DRC management to determine whether an NOV will be warranted.
SITE STAFF COMMENTS
The Mill staff acknowledged that there are discrepancies between the procedure and the routine survey logs and
noted that thev would make chanses in the next orocedure revision cvcle.
The Mill staff also acknowledged that the exit monitor set points were improperly set and attributed the
condition to Mill employees bumping the set point knobs while in the process of frisking. Theli stated that the
alarm points are set each morning and re-checked during the work day. However. they stated that it is difficult
to constantly maintain control over personnel inadvertently bumping the meter.