DRC-2018-012511 - 0901a06880949744

DRC-2018-012511 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
State of Utah
GARY R. HERBERT Governor SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director
December 5, 2018
David C. Frydenlund
Chief Financial Officer, General Counsel, Corporate Secretary Energy Fuels Resources (USA) Inc. 225 Union Blvd., Suite 600 Lakewood, CO 80228

RE: Notice of Enforcement Discretion Radioactive Material License Number UT 1900479 Dear Mr. Frydenlund:

Energy Fuels Resources (USA) Inc. (EFRI) owns and operates the White Mesa Uranium Mill in San Juan County, Utah. The White Mesa Uranium Mill operates in Utah under Utah’s Radioactive Materials License (RML) No. UT1900479. License Condition 10.5.F of the RML states the following:
The Licensee shall notify the Director in writing at least seven calendar days prior to the proposed
scheduled date for disposal of any byproduct material generated at ISL facilities in the tailings cells.
An annual summary of the amounts of waste disposed of from off-site ISL generators shall be sent to the Director on or before November 1 of each calendar year. (emphasis added)
Contrary to this requirement, EFRI has not been submitting the annual summary of ISL waste being
disposed at the White Mesa Uranium Mill on or before the November 1 deadline. Historically, EFRI has submitted the required information after January 1 of the following year. This non-compliance with the RML is not a health and safety issue as the information is being provided, albeit late. Therefore, as the Director of the Division of Waste Management and Radiation Control, in
accordance with Utah Administrative Code R313-14-15(5)(a), I will use enforcement discretion regarding this non-compliance issue and will not issue a formal enforcement action. I request that EFRI respond to this letter by December 21, 2018 describing how EFRI will comply with this requirement by January 1, 2019. Please also describe the steps EFRI will take to ensure that the annual summary is submitted by November 1 of each calendar year as required.
(Over)

If you have any questions, please call Phil Goble at [phone] or Ryan Johnson at [phone].
Sincerely,

Scott T. Anderson, Director Division of Waste Management and Radiation Control STA/RMJ/ka

c: Logan Shumway, Manager, White Mesa Uranium Mill Kirk Benge, Health Officer, San Juan Public Health Department Rick Meyer, Environmental Health Director, San Juan Public Health Department Scott Hacking, P.E., DEQ District Engineer