The URL can be used to link to this page

Home My WebLink AboutDRC-2021-010464 - 0901a06880efe11fDiv of Waste Management and Radiation Control JUL 3 0 2021 AtIS ,11' Li i ENERGYFUELS Energy Fuels Resources (USA) Inc. 225 Union Blvd. Suite 600 Lakewood, CO, US, 80228 303 974 2140 DRC- 20 2 I- 010/1-64- www.energyfuels.com July 28, 2021 VIA PDF AND OVERNIGHT DELIVERY Doug Hansen Director Division of Waste Management and Radiation Control State of Utah Department of Environmental Quality 195 North 1950 West Salt Lake City, UT 84116 Re: State of Utah Ground Water Discharge Permit No. UGW370004 White Mesa Uranium Mill — Notice Pursuant to Part I.G.1 (a) Dear Mr. Hansen: The White Mesa Mill (the "Mill") performed second quarter ("Q2") groundwater monitoring during the period from April 1, to June 30, 2021 under the March 8, 2021 version of the Mill's Groundwater Discharge Permit (the "GWDP"). All analytical data needed for comparison to the GWCLs were received during the period ending June 29, 2021. Pursuant to Part I.G.1.a) of the GWDP, please take notice that the concentrations of specific constituents in the monitoring wells highlighted in yellow and bold italics in the columns for this quarter in the attached Table 1 exceeded their respective GWCLs. For ease of review, Table 1 has been formatted to simplify the tracking of any continued exceedances from one monitoring period to the next by charting ongoing monitoring of the same well in the same row, and by highlighting exceedances (in color and bold italics). As a result of the issuance of a revised GWDP on March 8, 2021, which sets revised GWCLs, requirements to perform accelerated monitoring for certain constituents under Part I.G.1 of the previous GWDP ceased effective on March 8, 2021, and the effect of the issuance of the revised GWDP was to create a "clean slate" for certain constituents going forward. Part I.G.1 c) of the GWDP states "that the Permittee shall prepare and submit within 30 calendar days to the Director a plan and a time schedule for assessment of the sources, extent and potential dispersion of the contamination, and an evaluation of potential remedial action to restore and maintain groundwater quality to ensure that Permit limits will not be exceeded at the compliance monitoring point and that DMT or BAT will be reestablished." The summary below relating to exceedances includes, for each exceedance, a brief discussion of whether such a plan and schedule is or is not required or appropriate at this time in light of other actions currently being undertaken by Energy Fuels Resources (USA) Inc. ("EFRI") or in light of other reports submitted by EFRI, and as determined by Division of Waste Management and Radiation Control ("DWMRC") Staff. A description of the other actions and reports which have affected the requirement to submit a plan and time schedule are as follows: Letter to Mr. Doug Hansen July 28, 2021 Page 2 1. Nitrate + nitrite and chloride in monitoring wells at the site have been the subject of ongoing investigations at the Mill. Based on the results of the previous investigations, EFRI and the Director acknowledged that it has not been possible to date to determine the source(s), cause(s), attribution, magnitudes of contribution, and proportion(s) of the local nitrate + nitrite and chloride in groundwater. EFRI submitted a Corrective Action Plan ("CAP") in February 2012 for nitrate + nitrite and chloride in groundwater. The CAP was approved on December 12, 2012 and the activities associated with the CAP are on-going. Based on information provided by DWMRC in teleconferences on April 27, and May 2, 2011, due to the ongoing activities and actions, the 30-day plan and schedule for assessment is not required for nitrate + nitrite and chloride exceedances at this time. 2. A Plan and Time Schedule will not be prepared for monitoring wells with two successive exceedances if those successive exceedances were reported in a previous quarter and/or were included in a previous Source Assessment Report ("SAR") during the current permit period beginning March 19, 2019. Inclusion in a previous SAR means that the GWCLs were modified based on conclusions and actions delineated in the previous SAR which were accepted by DWMRC. 3. Chloroform and methylene chloride are the subject of the ongoing chloroform pumping program and are covered by State of Utah Notice of Violation ("NOV") and Groundwater Corrective Action Order ("CAO") State of Utah Department of Environmental Quality ("UDEQ") Docket No. UGW- 20-01. As a result, the 30-day plan and schedule for assessment of chloroform and methylene chloride exceedances is not required. It is important to note that under the GWDP, GWCLs have been determined on a well-by-well basis to reflect background groundwater quality, as defined by the mean plus second standard deviation concentration, or the equivalent. Accordingly, the GWDP requires that constituent concentrations in each monitoring well shall not exceed the GWCLs set out in Table 2 of the GWDP. It should be noted that, because the GWCLs have been set at the mean plus second standard deviation, or the equivalent, un- impacted groundwater would normally be expected to exceed the GWCLs approximately 2.5% of the time. Therefore, exceedances are expected in approximately 2.5% of all sample results, and do not necessarily represent impacts to groundwater from Mill operations. In fact, more frequent sampling of a given analyte will increase the number of exceedances due to statistical variation and not due to Mill activity. Additionally, given the slow velocity of groundwater movement, accelerated sampling at a monthly frequency can result in resampling of essentially the same water and can lead to repeat exceedances for accelerated constituents not due to Mill activities, but due to repeat sampling of the same water. 1.0 Exceedances in Required Quarterly Sampling Wells 1.1 Quarterly Wells with Two Successive Exceedances As indicated in the attached Table 1, the analytes discussed below exceeded their respective GWCLs for two successive sampling periods in Q2 2021. A 30-day plan and schedule contemplated in Part I.G.1 c) of the GWDP will be required as noted below. One-time exceedances and non-successive exceedances are noted on Table 1, but not listed below. Consecutive exceedances which occurred in previous reporting periods are discussed in previously submitted SARs. Letter to Mr. Doug Hansen July 28, 2021 Page 3 MW-11 • The chloride concentration exceeded its GWCL in all of the Q2 2021 sampling events. As mentioned above, a CAP has been submitted and approved to address nitrate+nitrite contamination which is expected to address chloride in groundwater. The actions specified in the CAP are currently being implemented; therefore, a plan to address this consecutive exceedance is not necessary and is not being submitted. MW-26 MW-26 Note: As stated in the September 2009 Statement of Basis (page 23) in support of the January 20, 2010 revisions to the GWDP, "[i]t should be noted that, because MW-26 is a pumping well for chloroform removal, concentrations of all constituents in that well are subject to potential variation over time as a result of the pumping activity. This will be taken into account by the Executive Secretary in determining compliance for this well." Based on information provided by DWMRC in teleconferences on April 27, and May 2, 2011, due to the current pumping status as part of the chloroform investigation program, the 30-day plan and schedule for assessment is not required at this time for exceedances of chloroform and methylene chloride in MW-26. • Chloroform has exceeded its GWCL in all of the Q2 2021 sampling events. MW-26 is used as a pumping well for the ongoing chloroform capture program and is expected to yield increased concentrations of chloroform. Because this well is used in the chloroform capture program which is the subject of separate investigations and actions, a plan and time schedule to address the consecutive exceedances is not necessary and is not being submitted. MW-30 • Nitrate + nitrite has exceeded its GWCL in all of the Q2 2021 sampling events. As mentioned above, a CAP has been submitted and approved and the specified actions are currently being implemented; therefore, a plan to address this consecutive exceedance is not necessary and is not being submitted. • The chloride concentration exceeded its GWCL in all of the Q2 2021 sampling events. As mentioned above, a CAP has been submitted and approved to address nitrate+nitrite contamination which is expected to address chloride in groundwater. The actions specified in the CAP are currently being implemented; therefore, a plan to address this consecutive exceedance is not necessary and is not being submitted. • Uranium has exceeded the GWCL for both the Q1 2021 and Q2 2021 sampling events. This is the first consecutive exceedance for uranium in MW-30 since the publication of the March 8, 2021 GWDP. Therefore, a plan and schedule for assessment will be submitted under separate cover within 30 days of this Exceedance Notice. • Selenium has exceeded the GWCL for both the Q1 2021 and Q2 2021 sampling events. This is the first consecutive exceedance for selenium in MW-30 since the publication of the March 8, 2021 GWDP. Therefore, a plan and schedule for assessment will be submitted under separate cover within 30 days of this Exceedance Notice. Letter to Mr. Doug Hansen July 28, 2021 Page 4 MW-31 • Nitrate + nitrite has exceeded its GWCL in all of the Q2 2021 sampling events. As mentioned above, a CAP has been submitted and approved and the specified actions are currently being implemented; therefore, a plan to address this consecutive exceedance is not necessary and is not being submitted. • The chloride concentration exceeded its GWCL in all of the Q2 2021 sampling events. As mentioned above, a CAP has been submitted and approved to address nitrate+nitrite contamination which is expected to address chloride in groundwater. The actions specified in the CAP are currently being implemented; therefore, a plan to address this consecutive exceedance is not necessary and is not being submitted. • The TDS concentration exceeded its GWCL in all of the Q2 2021 sampling events. A SAR was submitted to DWMRC on June 24, 2020. As a result of the SAR, the GWCLs have been recalculated and accepted by DWMRC. The recalculated GWCLs will become effective upon their publication in the next revision of the GWDP. As a result of DWMRC's acceptance of the recalculated GWCLs, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the new GWCLs become effective, the exceedances will continue to be noted and reported. • The sulfate concentration exceeded its GWCL in all of the Q2 2021 sampling events. A SAR was submitted to DWMRC on June 24, 2020. As a result of the SAR, the GWCLs have been recalculated and accepted by DWMRC. The recalculated GWCLs will become effective upon their publication in the next revision of the GWDP. As a result of DWMRC' s acceptance of the recalculated GWCLs, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the new GWCLs become effective, the exceedances will continue to be noted and reported. • Uranium concentrations exceeded the GWCL in all of the Q2 2021 sampling events. A SAR was submitted to DWMRC on April 29, 2021. As a result of the SAR, the GWCLs have been recalculated and accepted by DWMRC. The recalculated GWCLs will become effective upon their publication in the next revision of the GWDP. As a result of DWMRC's acceptance of the recalculated GWCLs, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the new GWCLs become effective, the exceedances will continue to be noted and reported. 1.2 Quarterly Wells with New Exceedances Reported in Q2 There are no new exceedances for the Q2 2021 quarterly well sampling program. 2.0 Exceedances in Semiannual Sampling Wells Accelerated to Quarterly 2.1 Semi-annual Wells with Two Successive Exceedances As indicated in the attached Table 1, the analytes discussed below exceeded their respective GWCLs for two successive sampling periods (Q1 2021 and Q2 2021). Letter to Mr. Doug Hansen July 28, 2021 Page 5 MW-24 • Beryllium concentrations exceeded the GWCL in MW-24 in the Q1 2021 and Q2 2021 sampling events. Beryllium exceedances are addressed in the SAR dated June 27, 2019. As a result of the SAR, EFRI installed a collocated well to study potential installation issues associated with MW- 24. DWMRC approved the collocated well strategy by letter dated September 5, 2019. As a result of DWMRC's acceptance of the study strategy, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the study is complete, the exceedances will continue to be noted and reported. • Cadmium concentrations exceeded the GWCL in MW-24 in the Q1 2021 and Q2 2021 sampling events. Cadmium exceedances are addressed in the SAR dated June 27, 2019. As a result of the SAR, EFRI installed a collocated well to study potential installation issues associated with MW- 24. DWMRC approved the collocated well strategy by letter dated September 5, 2019. As a result of DWMRC's acceptance of the study strategy, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the study is complete, the exceedances will continue to be noted and reported. • Fluoride concentrations exceeded the GWCL in MW-24 in the Q1 2021 and Q2 2021 sampling events. Fluoride exceedances are addressed in the SAR dated June 27, 2019. As a result of the SAR, EFRI installed a collocated well to study potential installation issues associated with MW- 24. DWMRC approved the collocated well strategy by letter dated September 5, 2019. As a result of DWMRC's acceptance of the study strategy, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the study is complete, the exceedances will continue to be noted and reported. • Nickel concentrations exceeded the GWCL in MW-24 in the Q1 2021 and Q2 2021 sampling events. Nickel exceedances are addressed in the SAR dated June 27, 2019. As a result of the SAR, EFRI installed a collocated well to study potential installation issues associated with MW-24. DWMRC approved the collocated well strategy by letter dated September 5, 2019. As a result of DWMRC's acceptance of the study strategy, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the study is complete, the exceedances will continue to be noted and reported. • Thallium concentrations exceeded the GWCL in MW-24 in the Q1 2021 and Q2 2021 sampling events. Thallium exceedances are addressed in the SAR dated June 27, 2019. As a result of the SAR, EFRI installed a collocated well to study potential installation issues associated with MW- 24. DWMRC approved the collocated well strategy by letter dated September 5, 2019. As a result of DWMRC's acceptance of the study strategy, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the study is complete, the exceedances will continue to be noted and reported. • Sulfate concentrations exceeded the GWCL in MW-24 in the Q1 2021 and Q2 2021 sampling events. A SAR was submitted to DWMRC on June 27, 2019. As a result of the SAR, EFRI installed a collocated well to study potential installation issues associated with MW-24. DWMRC approved the collocated well strategy by letter dated September 5, 2019. As a result of DWMRC' s acceptance of the study strategy, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the study is complete, the exceedances will continue to be noted and reported. Letter to Mr. Doug Hansen July 28, 2021 Page 6 MW-28 • Chloride has exceeded the GWCL for both the Q1 2021 and Q2 2021 sampling events and during previous quarters. As mentioned above, a CAP has been submitted and approved and the specified actions are currently being implemented; therefore, a plan to address this consecutive exceedance is not necessary and is not being submitted. • Uranium has exceeded the GWCL for both the Q1 2021 and Q2 2021 sampling events. A SAR was submitted to DWMRC on October 19, 2020. As a result of the SAR, the GWCLs have been recalculated and accepted by DWMRC. The recalculated GWCLs will become effective upon their publication in the next revision of the GWDP. As a result of DWMRC's acceptance of the recalculated GWCLs, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the new GWCLs become effective, the exceedances will continue to be noted and reported. • Selenium has exceeded the GWCL for both the Q1 2021 and Q2 2021 sampling events. A SAR was submitted to DWMRC on October 19, 2020. As a result of the SAR, the GWCLs have been recalculated and accepted by DWMRC. The recalculated GWCLs will become effective upon their publication in the next revision of the GWDP. As a result of DWMRC's acceptance of the recalculated GWCLs, a plan and schedule to address this consecutive exceedance is not necessary and will not be submitted. Until such time as the new GWCLs become effective, the exceedances will continue to be noted and reported. MW-29 • Uranium has exceeded the GWCL for both the Q1 2021 and Q2 2021 sampling events. A Plan and Time Schedule was submitted on May 11, 2021 and accepted by DWMRC on June 9, 2021. A SAR will be submitted on or before September 7, 2021. 2.2 Semi-annual Wells with New Exceedances Reported in Q2 One new single exceedance for the Q2 2021 semi-annual well sampling program is listed below. • TDS in MW-24 was slightly above the GWCL in the Q2 sampling event. Relative to accelerated reporting requirements, reporting of exceedances is required to be completed within 30 days of receipt of the last data package for a quarterly monitoring event. Similarly, accelerated monitoring is required to commence the month following the submission of the Exceedance Notice for a specified quarter for wells that are being accelerated from quarterly to monthly and the quarter following the submission of the Exceedance Notice for wells that are being accelerated from semiannually to quarterly. Yours truly, ENERGY FUELS RESOURCES (USA) INC. Kathy Weinel Quality Assurance Manager cc: Scott Bakken, David Frydenlund, Logan Shumway, Terry Slade Table 1 - GWCL Exceedances under the March 8, 2021 GWDP Q1 2021 Results Q2 2021 Results Monitoring Well (Water Class) Constituent Exceeding GWCL GWCL in March 8, 2021 GWDP Q1 2021 Sample Date Q1 2021 Result February 2021 Monthly Sample Date February 2021 Monthly Result March 2021 Monthly Sample Date March 2021 Monthly Result Q2 2021 Sample Date Q2 2021 Result May 2021 Monthly Sample Date May 2021 Monthly Result June 2021 Monthly Sample Date June 2021 Monthly Result Required Quarterly Sampling Wells Required Quarterly Sampling Wells MW-11 (Class II) Chloride (mg/L) 39.16 1/21/2021 46.4 2/9/2021 46.4 3/8/2021 46.9 4/20/2021 47.7 5/10/2021 46.4 6/8/2021 52.1 Sulfate (mg/L) 1309 1140 1260 1270 1290 1280 1270 TDS (mg/L) 2528 2010 2160 1950 2110 2190 1960 MW-26 (Class III) Nitrate + Nitrite (as N) (mg/L) 0.62 1/14/2021 0.619 2/10/2021 0.764 3/9/2021 0.617 4/21/2021 1.42 5/11/2021 1.06 6/8/2021 0.368 Chloroform (ug/L) 70 2200 1930 2190 777 733 1590 Chloride (mg/L) 58.31 57.4 71.3 63.9 57.5 69.6 54.9 TDS (mg/L) 3284.19 3100 2700 3060 2790 NA NA Carbon Tetrachloride 5 26. 1 NA NA <1.00 <1.00 <1.00 Methylene Chloride (ug/L) 5 7.65 3.43 1.27 <1.00 <1.00 1.90 MW-30 (Class II) Nitrate + Nitrite (as N) (mg/L) 2.5 1/11/2021 17 .7 2/10/2021 14.3 3/9/2021 17.0 4/14/2021 17.7 5/11/2021 18.6 6/8/2021 17.0 Chloride (mg/L) 128 184 189 192 162 188 170 Selenium (ug/L) 53.6 55.6 11.6 56.3 55.7 58.3 54.1 Uranium (ug/L) 9.82 9.86 10.2 10.3 10.7 9.84 MW-31 (Class III) Nitrate + Nitrite (as N) (mg/L) 5 1/12/2021 17.1 2/9/2021 14.3 3/8/2021 17.4 4/13/202 I 18.6 5/10/2021 18.9 6/7/2021 20.6 Sulfate (mg/L) 993 1070 1130 1210 1170 1200 1170 TDS (mg/L) /132 2460 2960 2400 2300 2610 2400 Uranium (ug/L) 15 19.7 22.2 20.2 20.1 2 L7 20.8 Chloride (mg/L) 143 354 380 388 377 384 374 Required Semiannual Sampling Wells Required Semiannual Sampling Wells MW-12 (Class III) Uranium (ug/L) 23.5 1/14/2021 25.0 NS NA NS NA 4/20/2021 22.9 NS NA NS NA Selenium (ug/L) 39 35.1 28.8 MW-24 (Class III) Beryllium (ug/L) -) 1/14/2021 2.75 NS NA NS NA 4/29/2021 2.78 NS NA NS NA Cadmium (ug/L) 6.43 8.79 NA NA 8.08 NA NA Fluoride (mg/L) 0.47 0.916 NA NA 0.925 NA NA Nickel (mg/L) 50 70.4 NA NA 72.4 NA NA Manganese (ug/L) 7507 7460 NA NA 7540 NA NA Thallium (ug/L) 2.01 2.74 NA NA 3 .02 NA NA Gross Alpha (pCilL) 7.5 2.94 NA NA 3.18 NA NA Sulfate (mg/L) 2903 2980 NA NA 2960 NA NA TDS (mg/L) 4450 4260 NA NA 4460 NA NA Field pH (S.U.) 5.03 - 8.5 5.08 NA NA 5.00 NA NA MW-27 (Class III) Nitrate + Nitrite (as N) (mg/L) 5.6 1/14/2021 5.16 NS NA NS NA 4/15/2021 6.57 NS NA NS NA MW-28 CI III) Chloride (mg/L) 105 1/15/2021 128 NS NA NS NA 4/15/2021 144 NS NA NS NA Selenium (ug/L) 11.1 14.0 NA NA 13.4 NA NA Nitrate + Nitrite (as N) (mg/L ) 5 3.44 NA NA 4.09 NA NA Gross Alpha (pCi/L) 7.42 1.81 NA NA 2.08 NA NA Uranium (ug/L) 4.9 10.3 NA NA 8.52 NA NA MW-29 (Class III) Uranium (ug/L) 15 1/15/2021 16.9 NS NA NS NA 4/14/2021 16.2 NS NA NS NA MW-32 (Class III) Chloride (meL) 35.39 1/14/2021 36.9 NS NA NS NA 4/13/2021 31.8 NS NA NS NA Notes: NS= Not Required and Not Sampled NA= Not Applicable Exceedances are shown in yellow These GWCLs were reset with the issuance of the March 8, 2021 GWDP. The new GWCLs became effective on March 8, 2021 and the first exceedance under the revised GWDP was noted in the March monthly data. Pursuant to the DWMRC letter of May 5, 2021, these constituents will no longer be monitored on an accelerated schedule. These constituents will be dropped from this report after this quarter