DRC-2013-001582 - 0901a0688035ade6

ENERGYFUELS
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
March 11,2013
Mr. Rusty Limdberg
Director of the Utah Division of Radiation Control
State of Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144850
Salt Lake City, UT 84116-4850
Re: White Mesa Uranium MiU - RML UT1900479
Inspection Module RADMOD-Training-01, December 18,2012
to)
^^^^
Dear Mr. Lundberg: DRC-2013-001582
This letter responds to the Division of Radiation Control ("DRC") letter dated January 3, 2013 regarding
the December 18, 2012 inspection of Module RADMOD-Training-01. For ease of review, DRC's
recommendations are provided below in italics, followed by Energy Fuels Resources (USA) Inc.'s
("EFRI's") responses.
DRC Recommendation #1
In past inspections, the Mill requested to use the MSHA 5000-23 form to document all training done at
the Mill (training required by MSHA and the DRC) to reduce the amount of paper work The DRC
agreed to this request as long as Radiation Safety and Respiratory Protection training is also
documented on the form. The form has a "Respiratory devise" [sic] section that is used by the Mill for
documenting Respiratory Protection and an "Other" section. Write Radiation Safety training in the
"Other" section and mark the box.
EFRI Response #1
The US Department of Labor requires the use of Form 5000-23 for training required by Mine Safety
and Health Administration ("MSHA"). The Mill's MSHA-approved Training Plan requires Annual
Refreshers which include annual radiation safety training and annual respiratory protection training.
A check in Box 2 for "Annual Refresher" indicates that the individual has received training in all
topics required under the Mill's MSHA-approved Training Plan, including radiation safety and
respiratory protection. If any topic in the approved Training Plan had not been completed, the Annual
Refresher box under Section 2 would not be checked.
Form 5000-23 specifically states that Section 5 is to be "use[d] only for partially completed training".
N:\WMM\Inspections and NOVs\RML Inspections and NOVs\1.25.13 rspns to DRC 12.18.12 training inspection\01 26 13
response to DRC trainmg inspection revised draft w Turk's coments.doc
Letter to Rusty Lundberg
March 11, 2013
Page 2 of 7
Checking one or any number of boxes under Section 5 indicates the individual had not received a full
annual refresher, or fiill other training. That is, use of the "other" box under Section 5 of the Form
invalidates the use of the checked box in Section 2 to indicate a full refresher training had been
completed.
For DRC's use in confirming that each employee received the required radiation safety training and
respiratory protection training, evidence of that training for each employee is available for DRC
inspection in the same individual persoimel folder for each employee, where the Form 5000-23 is
maintained.
DRC Recommendation #2
As documented in past inspections, the Mill does their annual refresher training during monthly safety
meetings. This practice is appropriate and a good way in fulfilling the requirement. The CRSO said in
the closeout meeting that Radiation Safety and Respiratory Protection training is done during the first
quarter. The new Mill RSO was not aware of a set schedule of when this training is to be done. The Mill
needs to develop a schedule that outlines and documents which months and what radiation safety and
respiratory protection topics are covered during the monthly safety meetings.
EFRI Response #2
The Mill has an established schedule for providing radiation safety and respiratory protection training,
including annual refresher training, in the context of the monthly safety meetings, as follows.
As has been explained to DRC inspectors, the radiation safety and respiratory protection training
annual refresher is performed during the first quarter of each year, generally in either Febmary or
March. The date is set by the RSO each year after the annual data for each employee's dosimeter
badge, along with the air sampling information, is available. The date is chosen to allow distribution
of the Annual Report of Dose per 10 CFR Part 19 to each employee, as part of the items addressed in
the refresher training. The exact month cannot be establisheci and fixed beforehand, but is set by the
RSO once the data are available. Outlines of each topic of training, including the refresher training,
are available in the Mill's Training Manual.
Additional radiation safety and/or respiratory protection training is provided at least one month in each
quarter; that is, at least once in each of the second, third and fourth quarters. The specific month and
topic are not fixed, as the topics are determined in response to issues identified during the current or
previous quarter's operations or maintenance activities. That is, the training staff attempts to make the
training topics as current or as real-time as practicable, while ensuring that all required topics are
covered during the year. For example, if the RSO or safety staff determine that electrical safety, or
respirator use or other issues require general reinforcement, the reinforcement, in the form of the
monthly topic, will be provided as soon as practicable after the circumstances that generated the need
for reinforcement. Dictating the annual rotation of the schedule of topics beforehand, would eliminate
this opportunity for responsiveness to the circumstances. EFRI has chosen to leave the RSO and
training staff the flexibility to adjust the monthly schedule as needed.
Letter to Rusty Lundberg
March 11,2013
Page 3 of 7
DRC Recommendation #3
Since Energy Fuels took over the Mill, the RSO is mow the CRSO and the Mills Radiation Coordinator is
now the Mill RSO. Both individuals meet the requirements for an RSO as described in NRC Regulatory
Guide 8.3 1. The new RSO informed the inspector that he will be taking an RSO refresher course in
January 2013. It was recommended that the Mill email a copy of the training certificate when that
course is done so the DRC can have a current copy.
I
EFRI Response #3 i
The Mill's RSO successfully completed the RSO refresher course on January 11, 2013. A copy of the
Certificate of Completion, which has also been transmitted to DRC from the Mill by email, is
attached. i I
DRC Recommendation #4
The inspector spoke with one of the Radiation Safety Technicians (RST). In that discussion, the RST
indicated that there has not been a lot of RST training since qualifying for the position. The Mill needs
to develop a continual training program for RSTsl
I
EFRI Response #4
The Mill provides continual training for RSTs, including 8 to 16 hours of formal training per year, as
follows. EFRI modified the training program forjMill RST's in 2011 to consist of altemating years of
on-site Radiation Technician Training and offsite {instrumentation or equipment-specific training.
t
In 2011, the Mill's radiation safety personnel received, in additional to other MSHA or NRC-required
training, 8 hours of formalized on-site Radiation Technician Training. The outline for this training is
available for review at the Mill. A typical Certificate of Completion documenting the January 2011
training is attached. I
These individuals also received, in late 2011 or early 2012, 16 hours of formal off-site training on the
use of radiation monitoring equipment at Ludlum Measurements, Inc. A typical Certificate of
Completion documenting the off-site training is attached.
The next installment in the continuing training will be an additional 8 hours of on-site formalized
training in 2013. i
DRC Recommendation #5
Document the Chief Chemists Health Physics/Radiation Safety related experience and keep the
documentation with his RSO training course documentation.
Letter to Rusty Lundberg j
March 11, 2013 |
Page 4 of 7 I
EFRI Response #5
The Mill's Chef Chemist, Terry Slade, has a total of nine years of health physics/radiation safety-
related experience, as summarized below:
Time Period Years Experience Additional Training
January 1999
to December
2005
7 Served as radiation technician
and equipment scanner for
vehicle release surveys
2010 to
present
2 Provides radiological safety
surveys and scans for product
shipment and DOT issues.
November 2010 - 1 week DOT
specialized radiation issues
training
April 2011-1 week DOT
specialized radiation issues
training
2012 to
present
0.5 Responsible for compliance with
Nuclear Materials i Management
and Safeguard System
("NMMSS") requirements of US
Nuclear Regulatory Commission
and US Department! of Energy.
May 2012 - 1 week NMMSS
specialized radiation issues
training
2012 to
present
0.5 Assigned as backup to Mill RSO October 2012 - Completed off-
site RSO training
Documentation of his experience and training are maintained on file at the Mill.
If you have any questions, please contact me at [phone].
Yours very truly,
:NERGY FUELS RESOURCES (USA) INC.
Jo Ann Tischler
Manager, Compliance and Licensing
cc David C. Frydenlund
Phil Goble, Utah DRC
Dan Hillsten
Ryan Johnson, Utah DRC
Ronnie Nieves
Harold R. Roberts
Letter to Rusty Lundberg
March 11,2013
Page 5 of 7
David E. Turk
Katiiy Weinel
Attachments
Letter to Rusty Lundberg
March 11, 2013
Page 6 of 7
ATTACHMENT 1
Sample Certificates of Completion
for Radiation Technician Continuing Training
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Letter to Rusty Lundberg
March 11,2013
Page 7 of 7
ATTACHMENT 2
RSO Refresher Certification for Ronnie Nieves