DRC-2013-002585 - 0901a068803959fc

ENERGY FUELS
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, CO, US, 80228
»npr orM^ nnoRQR" 3039742140
ur\o-^u I O-UU^OOO wvvw.energyfuels.com
VIA EMAIL AND OVERNIGHT DELIVERY
June 28, 2013
Mr. Rusty Lundberg
Director of the Utah Division of Radiation Control
State of Utah Department of Environmental Quality
195 North 1950 West 1
P.O. Box 144850
Salt Lake City, UT 84116-4850
Re: Energy Fuels Resources (USA) Inc. 4th Quarter 2012 Groundwater Monitoring Report, Utah
Groundwater Permit No. UGW370004 : DRC Conditional Approval, and Notice of Violation and
Order, Docket No. UGW13-03
This letter is in response to the foregoing Notice of Violation (the "Notice") dated May 30, 2013, which
Energy Fuels Resources (USA) Inc. ("EFRI") received on June 4, 2013. The Notice lists one violation
(the "Violation") of the White Mesa Mill's (the "Mill's") Ground Water Quality Discharge Permit No.
UGW370004 (the "GWDP"), based on a review of the Mill's Groundwater Monitoring Report for the
4th Quarter of 2012.
Pursuant to Utah Code Annotated 19-5-111 (1953 as amended), this letter describes:
a) the root cause of the noncompliance;
b) steps that have been or will be taken to correct the violation;
c) date when compliance was or will be regained; and
d) steps taken or to be taken to prevent reoccurrence of the noncompliance.
EFRI responds as follows:
1. EFRI violated Part I.G.l of the Permit for failing to collect a monthly accelerated sample for
selenium at monitoring well MW-31 during the December 2012 and January 2013 accelerated
sampling events.
a) Root Cause of the Noncompliance
The accelerated monitoring conducted in the December 2012 and January 2013 monthly sampling
events did not include the collection of the analyte identified during the third quarter 2012 (selenium in
MW-31) in the accelerated monthly sampling.
It is important to note that although two required data points were missed, there was no delay in
implementation of compliance actions. Selenium in MW-31 exceeded the GWCL in two successive
sampling periods (third and fourth quarter 2012) and a 30 day plan and time schedule was submitted as
required by the GWDP. The missed data points did not delay that submission or the schedule in any
way, and there is no adverse effect on the compliance actions required by EFRI.
#
JUL 2013
Division
Radiation CQM*
qJV foe
Letter to Rusty Lundberg
June 28, 2013
Page 2 of 2
The root cause of the violation was that, although the additional monitoring requirements were identified
in time and included in the 3rd Quarter Exceedance Notice, due to an oversight by the Quality Assurance
Manager, the additional monitoring requirements were not communicated to the Mill Field Personnel by
the Quality Assurance Manager in time to be included in the monthly accelerated sampling events for
December 2012 and January 2013.
b) Steps That Have Been Taken to Correct the Violation
The following steps have been taken to correct the violation:
The omission of the analytes from the December 2012 and January 2013 monthly events has prompted
the QA Manager to revise the exceedance tracking procedures and procedures for review of the
analytical data received from the laboratory. Additional review using database reports will be
implemented immediately upon receipt of the data at the time the analytical data are uploaded to the
database by the QA Manager. Specifically, the QA Manager reviews all analytical data prior to loading
into the electronic database. After loading each analytical data set, the QA Manager will query the
database for exceedances. Any exceedances identified in that analytical data set will be forwarded to the
Mill Field Personnel with the new accelerated frequency as soon as the exceedances are identified. Mill
Personnel will not schedule accelerated monthly sampling until the review of exceedances has been
completed.
c) Date When Compliance Was or Will be Regained
Compliance was regained in February 2013. Beginning with the February 2013 sampling event, the
accelerated monitoring included selenium in MW-31. Additionally, the new procedure for tracking
exceedances was implemented.
d) Steps Taken to Prevent Reoccurrence of the Noncompliance
See item l.(b) above.
If you have any questions or require any further information, please contact the undersigned.
Yours very truly,
Phil Goble, Utah DRC
Dan Hillsten
Harold R. Roberts
Tom Rushing, Utah DRC
David E. Turk
Kathy Weinel
ENERGY FUELS RESOURCES (USA) INC.
Jo Ann Tischler
Manager, Compliance and Licensing
cc David C. Frydenlund