DRC-2013-001136 - 0901a06880344446

ENERGY FUELS
En
DRC-2OI3-OOII36
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, CO, US, 80228
303 974 2140
www.energyfuels.com
VIA EMAIL AND OVERNIGHT DELIVERY
Janaury 17, 2013
Mr. Rusty Lundberg
Director of the Utah Division of Radiation Control
State of Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144850
Sah Lake City, UT 84116-4850
Re: White Mesa Uranium Mill - RML UT1900479
Notice of Violation ("NOV") DRC Inspection Module PEM-01
Dear Mr. Lundberg:
This letter responds to the above named NOV and Division of Radiation Control ("DRC") letter dated
December 17, 2012 regarding Posting of Radiation Areas at the White Mesa Mill (the "Mill"). Energy
Fuels Resources (USA) Inc. ("EFRI") paid the penalty of $750 specified in that letter and NOV on
January 3, 2013. This letter responds to DRC's letter of December 17, 2012 and January 7, 2013
requesting a written response.
1. Facts and Background
a) UAC R313-15-902(4) states: "Posting of Airborne Radioactivity Areas. 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 RADIOACTIVTY AREA or
"DANGER, AIRBORNE RADIOACTIVTY AREA."
b) R313-15 does not define the term "airborne radioactivity area". However, R313-15-901
requires that the radiation symbol and posting be applied as prescribed by 10 CFR 20.1901
(2010) which defines "airborne radioactivity area".
c) Section 1.1.1 of the Mill's Approved Radiation Protection Manual ("RPM"), states:
"For work where there is the potential to cause airborne radiation doses to site
personnel, the frequency and type of air sampling to be conducted is determined
from measured air concentrations:
0.01 DAC-0.1 DAC Quarterly or monthly area or sampling and/or
bioassay measurements
Letter to Rusty Lundberg
January 17, 2013
Page 2 of 6
>0.1 DAC
d)
e)
Continuous sampling is appropriate is concentrations
are likely to exceed 0.10 DAC averaged over 40
hours or longer.
The Radiation Safety Officer ("RSO") will determine the exact frequency of area
air sampling, breathing zone sampling and/or bioassay measurements and determine
how many workers in a group of workers performing similar jobs are to be
equipped with breathing zone air samples."
Typically, Mill radiation personnel collect airborne particulate samples for alpha measurement
from each area at least monthly. If the sampling indicates the area is above the Mill's ALARA
goal of 25% of the Derived Air Concentration ("0.25 DAC"), the sampling is repeated weekly
until the results show the area is below 25% of the DAC (0.25 DAC).
The Mill's RSO determines whether Airborne Radiation Area Posting is required based on the
results of the area air sampling. The area is posted whenever the airborne alpha concentration
reaches or exceeds 25% of DAC.
f) The four area airborne filter samples taken on November 3, 2012 (two samples) and November
4, 2012 (two samples) and November 6, 2012 (one sample) indicated that the concentrations
were below 25% of the DAC, ranging from 0 to a maximum of 18.35% of DAC (0 to 0.18
DAC). That is, per the approved RPM and per R313-15-902(4), no posting was required. The
Monthly Area Airborne Sampling Field Sheet for November 2012, used to determine the
percentage of DAC and whether posting is required, is provided in Attachment 1.
g) The SAG mill area has been determined to generate dust hazards whenever the SAG mill
equipment is operating. It is the Mill policy to require the use of respirators whenever the SAG
mill is in operation, for compliance with Mine Safety and Health Act requirements for general
respiratory protection from airborne dust, whether or not the dust contains radioactive
constituents. Since July of 2012, for conservatism, the Mill's RSO has adopted the practice of
leaving Airborne Radioactivity Signs in place at all times whether or not the airborne sampling
indicates an exceedance of 25% of DAC. Although, per the RPM, the Airborne Radioactivity
Area signs are not specifically required whenever the airborne concentrations are less than
25%) of DAC, as was the case on November 15 and 16, 2012,
(i) Due to the use of periodic grab samples for airborne radioactivity and DAC
determination, there is a potential that between grab samples, the airborne radioactivity
may vary, and
(ii) The signs provide an additional reminder for workers to wear respiratory protection from
dust hazards any time the SAG mill is in operation.
h) On November 15 and 16, 2012, DRC personnel conducted Inspection Module PEM-01 at the
Mill.
i) The SAG mill had operated for some period on November 15, 2012, but was not in operation at
Letter to Rusty Lundberg
January 17, 2013
Page 3 of 6
the time of the DRC inspection.
j) During the November 15 and 16, 2012 inspection, DRC personnel questioned why there was
no radiation hazard sign at the lower entrance to the SAG Mill area. A specific sign (the
"Respiratory Protection sign") reading "NOTICE: RESPIRATORS AND HEARE^G
PROTECTION REQUIRED WHEN S.A.G. MILL IS IN OPERATION" was posted.
k) The Mill's RSO did not present to DRC the data, discussed earlier, which demonstrates that the
area was below 25% of the DAC and no airborne radiation hazard sign was required. The
Mill's RSO did not explain the Mill's policy of leaving the Airborne Radioactivity Area signs
in place whether or not the airborne sampling indicated they were required. The Mill's RSO
apparently did show the DRC personnel that some Airborne Radioactivity Area signs were in
place at other entrances to the SAG mill area, without explaining why.
1) As discussed above, it is the Mill's current policy to leave both the respiratory Protection Sign
and the Airborne Radiation Sign in place at all times. EFRI agrees that although the Airborne
Radioactivity Area sign may not have been required at the time of the DRC inspection, it is
prudent to have it posted at all the SAG mill entrance locations where the Respiratory
Protection signs are posted.
2. Corrective Steps Taken and Results Achieved
Despite the fact that the Airborne Radioactivity Area signs were not required, for consistency with the
other entrances to the SAG mill area, on November 15, 2012, Mill radiation safety personnel placed an
Airborne Radioactivity Sign at the area indicated by DRC. The sign was attached by chains below the
existing hearing and respiratory protection sign to the side of the lower walkway into the SAG mill
area.
A photograph showing the sign in place is provided in Attachment 2.
Mr. Philip Goble of DRC was present in the Mill on December 20, 2012, observed and photographed
the location of the additional sign, and concurred that the placement was sufficiently conspicuous to
comply with R313-15-902(4).
3. Corrective Steps to Prevent Recurrence
The Mill proposes, for conservatism, to leave the Airborne Radiation Area signs at the entrances to the
SAG mill area, including the lower entrance, in place at all times.
4. Date Full Compliance Will Be Achieved
As discussed above, the Mill was in compliance with R313-15 at the time of the inspection. For
consistency with signage at other entrances to the Sag mill area, the Mill placed the sign at the lower
entrance to the SAG mill area on December 15, 2012.
Letter to Rusty Lundberg
January 17, 2013
Page 4 of 6
If you have any questions, please contact me at [phone].
Yours very truly.
ENERGY FUELS RESOURCES (USA) INC.
Jo Ann Tischler
Manager, Compliance and Licensing
cc Kevin Carney, Utah DRC
David C. Frydenlund
Phil Goble, Utah DRC
Dan Hillsten
Ronnie Nieves
Harold R. Roberts
David E. Turk
Kathy Weinel
Attachments
Letter to Rusty Lundberg
January 17, 2013
Page 5 of 6
ATTACHMENT 1
Area Airborne Concentration and Determination of DAC
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Letter to Rusty Lundberg
January 17, 2013
Page 6 of 6
ATTACHMENT 2
Photograph of Airborne Radioactivity Sign in Place