DRC-2014-002561 - 0901a0688041a9ba

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
March27,2014 DRO201 4-002561
Mr. Bryce Bird
Director, Utah Division of Air Quality
State of Utah Department of Environmental Quality
195 North 1950 West
Salt Lake City, UT 84116
Re: White Mesa Uranium Mill,
National Emissions Standards for Radon Emission from Operating Mill Tailings
Transmittal of 2013 Annual Radon Flux Monitoring Report for Tailings Impoundment 2
Dear Mr. Bird:
This letter transmits Energy Fuels Resources (USA) Inc's ("EFRI's") radon-222 flux annual monitoring
report for 2013, consistent with 40 CFR 61.254(b), for tailings impoundment 2 ("Cell 2") at the White
Mesa Uranium Mill (the "Mill"). As discussed in our 2012 Annual Radon Flux Monitoring Report
submitted March 29, 2013, the radon flux from Cell 2 during 2012 was higher than the 20 pCi/(m2 -sec)
set out in 40 CFR 61.252(a). Although Cell 2 is no longer in operation, consistent with 40 CFR
61.254b, EFRI chose to perform monthly radon flux monitoring beginning the month immediately
following submittal of the report for the year in non-compliance. Monthly sampling for Cell 2 was
conducted from April through December 2013.
The result of the 2013 radon-222 flux monitoring for Cell 2 was 20.4 pCi/(m2 -sec) (averaged over 9
monthly sampling events), which exceeds the 20 pCi/(m2 -sec) set out in 40 CFR 61.252(a) for the year.
Although, based on the monthly sampling results, radon flux for Cell 2 was lower than 20 pCi/(m2 -sec)
since September of 2013 and has remained below 20 pCi/(m2 -sec) since that time.
The results of the 2013 monthly sampling events are included as Table 1 to the attached report.
Additionally, a summary of the events that gave rise to EFRI's decision to monitor radon flux at Cell 2
monthly consistent with 40 CFR 61.254(b) is set out in the attached report.
Please contact me at 303-389-4167 should you have any questions or need additional information.
ENERGY FuEjfesRESOURCES (USA) INC.
Jaime Massey
Regulatory Compliance Specialist
N:\WMM\Required ReportsVNESHAPS Reports\2013 NESHAPs Annual\Cell 2\transmitall letter Cell 2 annual.doc
Sincerely,
Letter to B. Bird
March 27, 2014
Page 2 of 2
cc: David C. Frydenlund
Phil Goble, Utah DRC
Dan Hillsten
Rusty Lundberg, Utah DRC
Jay Morris, Utah DAQ
Harold R. Roberts
David E. Turk
Kathy Weinel
Frank Filas
Director, Air and Toxics Technical Enforcement Program, Office of Enforcement, Compliance
and Environmental Justice, U. S. Environmental Protection Agency
Attachments
ENERGY FUELS RESOURCES (USA) INC.
40 CODE OF FEDERAL REGULATIONS 61 SUBPART W
WHITE MESA MILL
SAN JUAN COUNTY, UTAH
TAILINGS CELL 2 ANNUAL COMPLIANCE REPORT FOR 2013
Submitted March 27,2014
by
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, Colorado 80228
[phone]
1) Name and Location of the Facility
Energy Fuels Resources (USA) Inc. ("EFRI") operates the White Mesa Mill (the "Mill"), located in
central San Juan County, Utah, approximately 6 miles (9.5 km) south of the city of Blanding. The Mill
can be reached by private road, approximately 0.5 miles west of Utah State Highway 191. Within San
Juan County, the Mill is located on fee land and mill site claims, covering approximately 5,415 acres,
encompassing all or part of Sections 21, 22, 27, 28, 29, 32, and 33 of T37S, R22E, and Sections 4, 5, 6, 8,
9, and 16 of T38S, R22E, Salt Lake Base and Meridian.
All operations authorized by the Mill's State of Utah Radioactive Materials License are conducted within
the confines of the existing site boundary. The milling facility currently occupies approximately 50 acres
and the tailings disposal cells encompass another 275 acres.
2) 2013 Annual Report
As discussed in our 2012 Annual Radon Flux Monitoring Report submitted March 29, 2013, the radon
flux from Cell 2 during 2012 was higher than the 20 pCi/(m2 -sec) set out in 40 CFR 61.252(a).
Although Cell 2 is no longer in operation, consistent with 40 CFR 61.254b, EFRI chose to perform
monthly radon flux monitoring beginning the month immediately following submittal of the report for the
year in non-compliance. Monthly sampling for Cell 2 was conducted from April through December 2013.
Although Cell 2 is no longer in operation, this report is being submitted as the annual report for the Mill's
Cell 2 in 2013, consistent with 40 CFR 61.254(b) applicable to operating tailings impoundments. The
result of the 2013 radon-222 flux monitoring for Cell 2 was 20.4 pCi/(m2 -sec) (averaged over 9 monthly
sampling events), which exceeds the 20 pCi/(m2 -sec) set out in 40 CFR 61.252(a). Although, based on
the monthly sampling results, radon flux for Cell 2 was lower than 20 pCi/(m2 -sec) since September of
2013 and has remained below 20 pCi/(m2 -sec) since that time.
EFRI submitted monthly reports from May 2013 through January 2014 summarizing the April 2013
through December 2013 monthly sampling at Cell 2. These reports included the Radon Flux
Measurement Program Reports, prepared by Tellco Environment Inc. (the "Tellco Reports"). A summary
of the results of the Tellco reports, as well as, the date the EFRI monthly reports were submitted to the
Utah Division of Air Quality ("DAQ") is included as Table 1 to this report. The complete Tellco reports
are attached to the individual monthly reports shown on Table 1. A summary of the events that gave rise
to EFRI's decision to monitor radon flux at Cell 2 monthly consistent with 40 CFR 61.254(b) is set out
below.
3) Name of the Person Responsible for Operation and Preparer of Report
Energy Fuels Resources (USA) Inc.
225 Union Boulevard, Suite 600
Lakewood, Colorado 80228
303.628.7798 (phone)
303.389.4125 (fax)
EFRI is the operator of the Mill and its tailings impoundments (Cells 2, 3, and 4A) and evaporation
impoundments (Cells 1 and 4B). The Mill is an operating conventional uranium mill, processing both
conventional ores and alternate feed materials. The "method of operations" at the Mill is phased disposal
of tailings. The annual radon emissions for existing impoundments are measured using Large Area
Activated Charcoal Canisters in conformance with 40 CFR, Part 61, Appendix B, Method 115,
Restrictions to Radon Flux Measurements, (Environmental Protection Agency ["EPA"], 2008). These
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canisters are passive gas adsorption sampling devices used to determine the flux rate of Radon-222 gas
from the surface of the tailings material. For impoundments licensed for use after December 15, 1989
(i.e., Cell 4A, and 4B), EFRI employs the work practice standard listed at 40 CFR 61.252(b)(1) in that all
tailings impoundments constructed or licensed after that date are lined, are no more than 40 acres in area,
and no more than two impoundments are operated for tailings disposal at any one time.
4) Background Information - Summary of 2012 Annual Report
Facility History
Cells 2 and 3, which have surface areas of 270,624 m2 (approximately 66 acres) and 288,858 m2
(approximately 71 acres), respectively, were constructed prior to December 15, 1989 and are considered
"existing impoundments" as defined in 40 CFR 61.251. Radon flux from Cells 2 and 3 is monitored
annually, as discussed below.
Cells 4A and 4B were constructed after December 15, 1989, and are subject to the work practice
standards in 40 CFR 61.252(b)(1), which require that the maximum surface area of each cell not exceed
40 acres. For this reason, Cells 4A and 4B are not required to undergo annual radon flux monitoring.
Cell 3, which is nearly filled, and Cell 4A, receive the Mill's tailings sands. Cells 1 and 4B, receive
solutions only, and are in operation as evaporation ponds. Cell 2 is filled with tailings, is covered with an
interim soil cover, and is no longer in operation.
Dewatering of Cell 2
The Utah Division of Water Quality issued Groundwater Discharge Permit ("GWDP') UGW-370004 in
2005. Under Part I.D.3 of the current GWDP, EFRI has been required to accelerate dewatering of the
solutions in the Cell 2 slimes drain. Dewatering of Cell 2 began in 2008. In mid-2011, changes were
made in the pumping procedures for slimes drain dewatering of Cell 2 that resulted in an acceleration of
dewatering since that time. As discussed in more detail below, studies performed by EFRI indicate that
the increase in radon flux from Cell 2 has likely been caused by these dewatering activities. No other
changes appear to have occurred in condition, use, or monitoring of Cell 2 that could have resulted in an
increase in radon flux from the cell.
The average water level in the Cell 2 slimes drain standpipe for each of the years 2008 through 2013
indicate that water levels in Cell 2 have decreased approximately 3.98 feet (5600.56 to 5596.58 fmsl)
since 2008. Of this decrease in water level, approximately 1 foot occurred between 2010 and 2011,
reflecting the improved dewatering that commenced part way through 2011, and approximately 2 feet
between 2011 and 2013, reflecting improved dewatering for all of 2012 and 2013.
Radon Flux Monitoring of Cell 2
Tellco performed the 2012 radon flux sampling during the second quarter of 2012 in the month of June.
On June 25, 2012, Tellco advised EFRI that the average radon flux for Cell 2 from samples taken in June
2012 was 23.1 pCi/(m2 -sec) (referred to in the Tellco report as pCi/m2-s), which was higher than the 20
pCi/(m2 -sec) standard referred to in 40 CFR 61.252(a).
40 CFR 61.253 provides that:
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"When measurements are to be made over a one year period, EPA shall be provided with
a schedule of the measurement frequency to be used. The schedule may be submitted to
EPA prior to or after the first measurement period."
EFRI advised DAQ by notices submitted on August 3 and September 14, 2012, that EFRI planned to
collect additional samples from Cell 2 in the third and fourth quarters of 2012. These samples were
collected on September 9, October 21, and November 21, 2012, respectively. As the June 2012
monitoring for Cell 3 indicated that it was in compliance with the standard, further monitoring of Cell 3
was not performed.
The result of the 2012 radon-222 flux monitoring for Cell 2 was 25.9 pCi/(m2 -sec) (averaged over four
monitoring events). The measured radon flux from Cell 2 in 2012 was therefore higher than the standard
of 20 pCi/(m2 -sec) referred to in 40 CFR 61.252(a).
The Cell 2 radon flux results were reported in EFRI's 2012 Annual Radon Flux Monitoring Report (the
"2012 Annual Report").
The provisions of 40 CFR 61.254(b) requires that:
"If the facility is not in compliance with the emission limits of paragraph 61.252 in the calendar
year covered by the report, then the facility must commence reporting to the Administrator on a
monthly basis the information listed in paragraph (a) of this section, for the preceding month.
These reports will start the month immediately following the submittal of the annual report for
the year in non-compliance and will be due 30 days following the end of each month."
Monthly monitoring in 2014 has and will continue until US EPA or DAQ advises EFRI that such monthly
monitoring need not be continued.
Evaluation of Potential Factors Affecting Radon Flux
In an attempt to identify the cause of the increase in radon flux at Cell 2, EFRI conducted a number of
evaluations in 2013, including:
• Excavation of a series of 10 test pits in the Cell 2 sands to collect additional information needed
to ascertain factors affecting radon flow path and flux,
• Evaluation of radon trends relative to slimes drain dewatering,
• Development of correlation factors relating dewatering rates to radon flux, and
• Estimation of the thickness of temporary cover that would be required to reduce radon flux to
levels lower than 20 pCi/(m2-sec), during the dewatering process.
These studies and results are discussed in detail in EFRI's 2012 Annual Radon Flux Report and
summarized in the remainder of this section.
Slimes drain dewatering data indicate that a lowering of the water level in Cell 2 has resulted in an
increase in the average radon flux, and that an increase in water level has resulted in a decrease in the
average radon flux. Changes in radon flux have consistently been inversely proportional to changes in
water levels in Cell 2 since 2008. For the last three years the change in radon flux has been between 3
and 5 pCi/(m2-sec) per each foot of change in water level. It is also noteworthy that the significant
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increases in radon flux from Cell 2 which occurred between 2010 and 2011 and between 2011 and 2012
coincided with the periods of improved (accelerated) dewatering of Cell 2.
EFRI has evaluated these results and has concluded that the increase in radon-222 flux from Cell 2 in
excess of 20 pCi/(m2 -sec) is most likely the unavoidable result of Cell 2 dewatering activities mandated
by the Mill's State of Utah GWDP. This is due to the fact that saturated tailings sands attenuate radon
flux more than dry tailings sands, and the thickness of saturated tailings sands decrease as dewatering
progresses. There appear to have been no other changes in conditions at Cell 2 that could have caused
this increase in radon flux from Cell 2. These conclusions are supported by evaluations performed by
SENES Consultants Limited ("SENES"), who were retained by EFRI to assess the potential effects of
dewatering on the radon flux from Cell 2 and to provide calculations of the thickness of temporary cover
required to achieve the radon flux standard during the dewatering process.
SENES' evaluations were presented in a report provided as an attachment to EFRI's 2012 Annual Report.
SENES estimated a theoretical radon flux from the covered tailings at Cell 2 for various depths
(thicknesses) of dry tailings, and predicted future increases in radon flux as a function of decreases in
water levels.
In order to explore potential interim actions that could be taken to maintain radon flux at levels at or
below 20 pCi/(m~-sec), the SENES study also evaluated the extent to which radon emanations from the
cell can be reduced by increasing the thickness of the current interim cover on Cell 2.
5) 2013 Annual Results
Detailed results for the April through December 2013 monthly sampling events are contained in the
Tellco Reports, which are provided as Attachment 1 to the monthly reports. As described in the Tellco
Reports, monitoring was performed consistent with 40 CFR 61 Subpart W Appendix B, Method 115
radon emissions reporting requirements. The radon monitoring consisted of 100 separate monitoring
points at which individual radon flux measurements have been made by collection on carbon canisters.
The individual radon flux measurements were averaged to determine whether they exceeded 20 pCi/(m2-
sec).
The average radon flux for Cell 2 in 2013 was reported by Tellco to be 20.4 pCi/(m2 -sec).
6) Other Information
Status of Proposed Updated Final Cover Design
As part of developing the Mill's final reclamation plan required to achieve the radon flux standard of 20
pCi/(m2-sec), a final engineered cover design was submitted by TITAN Environmental in 1996 and
approved by the US Nuclear Regulatory Commission ("NRC"). An updated final cover design for the
Mill's tailings system, submitted in November 2011, is under review by the Utah Division of Radiation
Control ("DRC"), and is not currently approved. DRC provided a second round of interrogatories on the
proposed cover design and associated Infiltration and Contaminant Transport Model ("ICTM") in
February 2013, for which EFRI and its consultant, MWH Inc. are preparing responses.
7) Additional Information Required for Monthly Reports
a) Controls or Other Changes in Operation of the Facility
40 CFR 61.254(b)(1) states that in addition to all the information required for an Annual Report under 40
5
CFR 61.254(b), monthly reports provided under that section shall also include a description of all controls
or other changes in operation of the facility that will be or are being installed to bring the facility into
compliance.
Based on the evaluations described in Section 4, above, and as discussed during EFRI's March 27, 2013
meeting with DAQ and DRC staff, in addition to the monthly monitoring reported in this Monthly Report,
EFRI has performed the following steps to ensure that radon emissions from Cell 2 are kept as low as
reasonably achievable and at or below 20 pCi/(m2-sec).
Construction and Monitoring of Interim Cover Test Area, and Application of Additional Random
Fill
i. EFRI constructed 12 test areas on Cell 2 to assess the effect of the addition of one foot of
additional soil cover. EFR applied one foot of random fill moistened and compacted by a dozer
to 12 circular test areas of approximately 100 to 120 feet in diameter. The total tested area is
larger than the single 100 foot by 100 foot area proposed in previous Cell 2 monthly radon flux
monitoring reports. Installation of 12 test areas containing the additional 1 foot of compacted soil
was completed by August 2, 2013. Wetting and re-compaction of all 12 areas was completed
prior to the start of the September 21, 2013 monthly flux monitoring event.
ii. The radon flux has been monitored monthly at 100 locations on Cell 2, including the 12 test
areas, since April 2013.
iii. The effectiveness of the additional compacted cover at the 12 test areas will be evaluated over the
next several months. If the desired reduction (to 20 pCi/(m2-sec) or lower) is achieved on the test
areas, EFRI will apply additional random fill at 90% compaction, to the remainder of Cell 2, on
or before July 1, 2014.
Based on discussions with DRC, EFRI will proceed with the application of cover and will provide a letter
to DRC with information demonstrating that the application of soil cover is consistent with the design and
QC requirements of the proposed Reclamation Plan, currently under revision, on the understanding that
the application of cover will be credited toward the final cover design.
Interim Corrective Action
EFRI has taken the following additional steps to provide interim mitigation of radon flux from Cell 2.
EFRI has identified the areas of elevated radon flux associated with known sources of radiological
contamination at or near the surface of the cell cover. Specifically:
• Windblown tailings from Cell 3 which have been deposited on Cell 2 as Cell 3 is being closed
have been removed and re-buried in Cell 3. A berm approximately five feet high, extending the
length of the Cell 3 beach has been constructed at the edge of Cell 2, to prevent further carryover
of sands from Cell 3 onto the Cell 2 cover prior to closure of Cell 3.
• Any contaminated material near the surface of Cell 2 has been reburied.
• Additional cover material has been added to each of 12 identified areas of elevated flux on Cell 2.
• Monthly radon flux monitoring to assess the effectiveness of the above actions is ongoing.
b) Facility's Performance Under Terms of Judicial or Administrative Enforcement Decree
The Mill is not under a judicial or administrative enforcement decree.
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8) Certification
I Certify under penalty of law that I have personally examined and am familiar with the information
submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the
information, I believe that the submitted information is true, accurate and complete. I am aware that there
are significant penalties for ySubmitting false information including the possibility of fine and
imprisonment. See 1^/tT.S.c/lOOl.
Signed: /// Jj^— Date:
David C. Ft
Senior Vice President, General Counsel and Corporate Secretary
Table 1
Cell 2 Monthly Radon Flux Sampling
Sampling Event
Result
(pCi/(m2 -sec)) Monthly Report Submittal Date
April 2013 18.0 May 29, 2013
May 2013 22.6 June 20, 2013
June 2013 23.2 July 25,2013
July 2013 24.2 August 20, 2013
August 2013 30.2 September 23,2013
September 2013 17.0 October 23,2013
October 2013 19.0 November 15, 2013
November 2013 19.5 December 17, 2013
December 2013 | 10.0
2013 Average 20.4
January 15,2014