DRC-2015-005022 - 0901a068805564cb

GARY R. HERBERT
Governor
SPENCER J. COX
Lieutenant Governor
Kathy Weinel
Department of
Environmental Quality
Alan Matheson
Executive Director
DNISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Scott T. Anderson
Director
August 12, 2015
Quality Assurance Manager
Energy Fuels Resources (USA) Inc.
225 Union Blvd., Suite 600
Lakewood, CO 80228
RE: Health Physics Inspection RADMOD-RWP-02
Radioactive Material License Number UT 1900479
Dear Ms. Weinel:
On August 4 and 5, 2015, an inspection was conducted at your facility by a representative of the
Division of Waste Management and Radiation Control. Findings documented during the inspection
were discussed at the closeout meeting with White Mesa Uranium Mill staff. An inspection report is
enclosed for your records.
The inspection was an examination of the activities conducted at your facility as they relate to
compliance with the Utah Radiation Control Rules, the conditions of the RML No. UT1900479 and
federal regulations. The inspection consisted of an examination of representative records, interviews of
personnel and observations by the inspector.
The Division considers this inspection closed. We appreciate the Mill staff and their cooperation during
the inspection. If you have any questions, please call Ryan Johnson at [phone].
Sincerely,
LC:4CC2
Scott T. Anderson, Director
Division of Waste Management and Radiation Control
STA/RMJ/ka
DRC-20 I 5-005022 195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
Page2
Enclosure: Inspection Report
c: Worthy Glover, Health Officer, San Juan County Health Department
Rick Meyer, Environmental Health Director, San Juan County Health Department
Ixsppcrrox RBponr
Inspection Module: RADMOD-DOT-01: 49 CFR 17l-173 Transportation and Packaging Requirements
Inspection Location: Energy Fuels - White Mesa Uranium Mill, Blanding Utah.
Inspection ltems: Uranium Ore, Alternate Feed, I le(2), Equivalent Feed and Yellowcake Shipments
Inspection Dates: August 4 & 5,2015
lnspectors: Ryan Johnson, Utah Division of Waste Management and Radiation Control
(DWMRC)
Personnel Contacted: David Turk, Energy Fuels Resources Radiation Safety Officer (RSO)
Governing Documents:o UAC R3l3-15o Radioactive Materials License (RML) UT1900479. Applicable Mill procedures and manuals
Openins Meetine
Energy Fuels Resources:
David Turk (RSO)
Utah DWMRC:
Ryan Johnson (Health Physics Inspector) Dean Henderson (Hydrogeology Inspector)
During the opening meeting, the inspectors discussed the inspection items and documents to be reviewed
during the inspection. The Mill was not in operation during the inspection. The Mill staff reminded the
inspectors of the safety requirements for the Mill.
Inspection Summarv
The inspection consisted of a RSO interview, reviewing applicable documentation and a mill tour. The
following discussion provides more detail of the specific items.
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DWMRC Meters Used Model Serial Number Calibration Due Date
Contamination Ludlum 2360 245764 8i8ll 5
Dose Rate Bicron 09048 tznvls
I
Item l. Documentation Review: The Inspector r{viewed applicable documentation.
Observations: The DWMRC inspector reviewed Billof Lading shipping paperwork for:
r Uranium Ore shipments;
o Alternate feed shipments;o l le(2) disposal shipments; ando Yellowcakeshipments.
Note: The Mill had not received any Equivalent Feed shipments at the time of the inspection. Therefore,
equivalent feed shipments were excluded from the inppection.
Deficiencies: Accordingto 49 CFR 172, Subpart C,fhipping Papers (incorporated by reference in Utah
Administrative Code R3l3-19-100), the following inflormation is required on all shipping paper work with
the associated 49 CFR reference:. UN ldentification Number
o Proper shipping Name as per $ I 72.l0l table
o Hazard Classo Total Activity of each package
o Number and types of packages
o Name of each radionuclide
o Description of Physical form
o Description of Chemical form
o Category of label used
o Transportation Index
o 24 hour Emergency Telephone number. Shipper Certification
The following is required on shipping paper work for Exclusive use Shipments:
o Specifu "exclusive use shipment"
. Specifu instructions for maintaining exclusive use controls
The inspector observed that the following information was missing on all or some of the Bill of Ladings:
r Ore Shipments
o Total Activitv.
5172.202(a)(t)
$r72.202(a\(2)
$t72.202(a)(3)
$ 172.203(dX3)
$172.202(a)(7)
$r72.203(dXl)
$ 172.203(dX2)
s172.203(d)(2\
$ 172.203(dX4)
$ 172.203(dXs)
sr72.604
s172.204
$ 172.203(dxe)
5173.427(4)(6Xiv)
o Alternate Feed Shipments
o Proper Shipping, as per current $ I 721 I 0 I table, names was not always used;
o Number and types of packages;
]o Category of label (lf applicable): lo Phvsical form:
o Chemical form; ando Transportation lndex
o 1le(2) Shipments
o Total Activity;
o Number and Types of packages;
o Physical form;
o Chemical form
o Transportation lndex; and
o Category of label (If applicable)
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r Yellowcake Shipments
o Number and types of packages
In addition, it was noted on a Bill of Lading that placards were not required as per 49 CFR 172.504 Table l,
footnote I . However, the October 1,2014 version of 49 CFR Parts 100 to 177 , the above reference states
"RADIOACTIVE placards are also required for: All shipments of unpackaged LSA-l material or SCO-l;
all shipments required bV$$ I 73.427, 173.441 and 173.457 of this subchapter to be operated under exclusive
use; and all closed vehicles used in accordance with $ 113.443(d)." 49 CFR 172.504 Table l, foot note I
requires placards on exclusive use unpackaged LSA- I and SCO- l shipments arriving at the White Mesa
uranium mill.
Item 2. RSO Interview:
Observations: The DWMRC inspector discussed the following with the Mill's RSO:o Changes to 49 CFR Parts 17l, 172, 173, et al. as documented in the Federal Register Vol.79, No.
133 dated July I 1,2014;ando Energy Fuels "Transportation Policy for Shipments of Colorado Plateau Uranium Ores to the White
Mesa Uranium Mill" dated Ju|v.2014.
Deficiencies: The inspector identified in the Energy Fuel Resources Transportation Policy the following:
o [n Section 2 Classification of Ore and Exclusive Use Shipments last paragraph item d) states
"Because the shipments will be of uranium ore, the transport vehicle is not required to be placarded
(see 49 CFR I7.a27@)(6)(v))." In 49 CFR lT.a27@)(6)(v) states that " the shipment must be
placarded in accordance with Subpart F of Part 172 of this chapter". In $172.504 Table I, footnote
I states the following: "RADIOACTIVE placards are also required for: All shipments of
unpackaged LSA- I material or SCO- I ; all shipments required by$ $ 1 73.427 , 173 .441 and 173 .457
ofthis subchapter to be operated under exclusive use; and all closed vehicles used in accordance
with $173.443(d)." According to the Energy Fuels Transportation Policy Section 2, uranium ore is
shipped to the White Mesa mill as exclusive use unpackaged LSA-l material. Therefore, 49 CFR
172.504 Table l, footnote I requires placards on exclusive use unpackaged LSA-l and SCO-l
shipments arriving at the White Mesa Uranium Mill. Ore shipments need to be placarded.
r In Section 8.3.2 Vehicles That llill Not be Used Solelyfor Transporting Ore From the Mine to the
Mill (Free Release), in the first paragraph, second sentence it states: "A vehicle may not be returned
to service (i.e., released from the Mill for unrestricted release) until the radiation dose rate at every
accessible surface is 0.5 mrem/hr or less and the removable (non-fixed) radioactive surface
contamination is not greater than 2,200 disintegration per minute (dpm)/100 square centimeters
(c.t), as required under 49 CFR 173.443(a)." Due to the recent changes to 49 CFR 173.443
documented in Federal Register Vol.79, No. 133 dated July 71,2014, the contamination limits
found in Table 9 of 49 CFR 173.443 cannot be used as the release criteria for unrestricted release.
However, the inspector confirmed with the RSO that the mill was using the criteria in 49 CFR
lT.4a3@) on trucks still being used to transport ore to the mill, but trucks being released for
unrestricted use were being surveyed according NRC Regulatory Guide 1.86. In addition, the
contamination limits found in Table 9 of 49 CFR 113.443 have changed from 2,200 dpmllOO cm'
to 2,400 dpm/100 cm2.
Item 3. Mill Tour: The Inspector walked through the restricted area on a general site tour. The tour
included the ore pad, the mill, and the alternate feed circuit.
Observations: The DWMRC inspector observed:
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Proper PPE was being worn by Mill employrles within all observed areas of the Mill;
Proper Radiological Posting were being usecl within all observed areas of the Mill;
OSL badges were appropriately being used t,y all observed employees at the Mill;
Dose rate measurements around the Mill; an,l
o Yellowcake drums in the shipment yard-200 prem/hour;
o Cabot Alternate feed drums- 160 pre'm/hour; and
o Ore Pad- 200 prem/hour;'
Shipping labels on alternate feed shipping cc,ntainers (i.e. 55-gallon drums and supersacks).
Deficiencies: None
Closeout Meetins
Energy Fuels:
David Turk [Radiation Safety Officer (RSO)]
Utah DWMRC:
Ryan Johnson (Health Physics Inspector)
During the closeout meeting, the inspector and the RiiO discussed the deficiencies observed on the shipping
paperwork for the different shipments coming to and leaving the White Mesa Mill site. The inspector and
the RSO also discussed the discrepancies in Energy I uels transportation policy with 49 CFR. The inspector
concluded that an enforcement action was not warranted at this time. The RSO requested that Energy Fuels
be allowed to contact their clients and shipping contrr,rctors about the deficiencies identified in the shipping
paper work. The inspector agreed to that request.
Recommendations
The following are DWMRC recommendations for Errergy Fuels Resources regarding items for
improvement:
r Write a letter and Cc: the DMWRC informing shippers/transporters what information is required on
all shipping paperwork coming to and leaving from the White Mesa Mill.o Correct the discrepancies in the Energy Fuels "Transportation Policy for Shipments of Colorado
Plateau Uranium Ores to the White Mesa Urrrnium Mill".
Recommendation for Next Insnection
l. Spills (yellowcake and other materials) being cleaned up in the mill immediately;
2. Personnel Exit Monitoring;
a
a
a
a
Prepared By:
Reviewed By:
Ryan Johnson
(Print Name)
PhilGoble
(Print Name)(Signature)(Date)
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