DRC-2020-002661 - 0901a06880bdf577

NERGY FUELS
January 31, 2020
VIA PDF AND OVERNIGHT DELIVERY
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, CO, US, 80228
303 974 2140
www.energyfuels.com
Div of Waste Management
and Radiation Control
DRC- 202.0-002.(0 61
FEB - 4 2020 Ty L. Howard
Director
Division of Waste Management and Radiation Control
State of Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144880
Salt Lake City, UT 84114-4880
Re: State of Utah Ground Water Discharge Permit No. UGW370004
White Mesa Uranium Mill — Notice Pursuant to Part I.G.1 (a)
Dear Mr. Howard:
The White Mesa Mill (the "Mill") performed fourth quarter ("Q4") groundwater monitoring during the
period from October 1, to December 31, 2019 under the March 19, 2019 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 January 2, 2020.
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 19, 2019, 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 19, 2019, 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. Ty L. Howard
January 31, 2020 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"). 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 Q4 2019. A 30-day plan and schedule contemplated in Part
I.G.1 c) of the GWDP will be required for the consecutive exceedances of total dissolved solids
("TDS") in MW-31 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. Ty L. Howard
January 31, 2020
Page 3
MW-11
• Manganese concentrations exceeded the GWCL in MW-11 in all of the Q4 sampling events. This
consecutive exceedance is addressed in the SAR, dated June 27, 2019. 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-26
• Nitrate + nitrite has exceeded its GWCL in all of the Q4 2019 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.
• Chloroform has exceeded its GWCL in all of the Q4 2019 and 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.
• The chloride concentration exceeded its GWCL in the Q4 2019 and November monthly 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 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.
MW-30
• Nitrate + nitrite has exceeded its GWCL in all of the Q4 2019 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 Q4 2019 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.
•
Letter to Mr. Ty L. Howard January 31, 2020
Page 4
• Uranium concentrations exceeded the GWCL in MW-30 in all of the Q4 2019 sampling events.
This consecutive exceedance is addressed in the SAR, dated January 15, 2019. 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 concentrations exceeded the GWCL in MW-30 in all of the Q4 2019 sampling events.
This consecutive exceedance is addressed in the SAR, dated January 15, 2019. 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-31
• Nitrate + nitrite has exceeded its GWCL in all of the Q4 2019 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 Q4 2019 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 the Q4 and November 2019 sampling events.
This is the first consecutive exceedance for TDS in MW-31 under the March 19, 2019
GWDP. Therefore, a plan and schedule for assessment will be submitted under separate
cover within 30 days of this Exceedance Notice.
1.2 Quarterly Wells with New Exceedances Reported in Q4
There are no new exceedances for the Q4 2019 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 (Q3 2019 and Q4 2019).
MW-24
• Thallium concentrations exceeded the GWCL in MW-24 in the Q3 2019 and Q4 2019 sampling
events. Thallium exceedances are addressed in the SAR dated June 27, 2019. As a result of the
SAR, EFRI is installing 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
Letter to Mr. Ty L. Howard
January 31, 2020
Page 5
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.
• Beryllium concentrations exceeded the GWCL in MW-24 in the Q3 2019 and Q4 2019 sampling
events. Beryllium exceedances are addressed in the SAR dated June 27, 2019. As a result of the
SAR, EFRI is installing 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 Q3 2019 and Q4 2019 sampling
events. Cadmium exceedances are addressed in the SAR dated June 27, 2019. As a result of the
SAR, EFRI is installing 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 Q3 2019 and Q4 2019 sampling
events. Fluoride exceedances are addressed in the SAR dated June 27, 2019. As a result of the
SAR, EFRI is installing 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 Q3 2019 and Q4 2019 sampling
events. Nickel exceedances are addressed in the SAR dated June 27, 2019. As a result of the
SAR, EFRI is installing 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.
MW-27
• The nitrate+nitrite concentration exceeded its GWCL for both the Q3 2019 and the Q4 2019
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-28
• Chloride has exceeded the GWCL for both the Q3 2019 sampling event and the Q4 2019 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.
•
Letter to Mr. Ty L. Howard January 31, 2020
Page 6
• Uranium has exceeded the GWCL for both the Q3 2019 sampling event and the Q4 2019
sampling event. This consecutive exceedance is addressed in the Plan and Time Schedule, dated
December 4, 2014. As a result of the Plan and Time Schedule, additional data will be collected
and an assessed. As a result of DWMRC's acceptance of the Plan and Time Schedule, no
additional actions for this consecutive exceedance are necessary at this time.
2.2 Semi-annual Wells with New Exceedances Reported in Q4
One new single exceedance for the Q4 2019 semi-annual well sampling program is listed below.
• Manganese in MW-24 was slightly above the GWCL in the Q4 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,
)(6.4
ENERGY FUELS RESOURCES (USA) INC.
Kathy Weinel
Quality Assurance Manager
cc: David Frydenlund
Terry Slade
Logan Shumway
Scott Bakken
Paul Goranson
Table 1 - GWCL Exceedances for Fourth Quarter 2019 under the March 19, 2019 GWDP
02 2019 Results Q3 2019 Resultil Q4 2019 Results
Monitoring Well
(Water Class) Constituent Exceedi ng GWCL GWCL in March
19, 2019 GWDP
Q2 2019
Sample Date
Q2 2019
Result
May 2019
Monthly
Sample Date
May 2019
Monthly
Result
June 2019
Monthly
Sample Date
June 2019
Monthly
Result
Q3 2019
Sample Date
Q3 2019
Result
August 2019
Monthly
Sample Date
August 2019
Monthly
Result
Sept. 2019
Monthly
Sample Date
Sept. 2019
Monthly
Result
Q4 2019
Sample Date
Q4 2019
Result
November
2019 Monthly
Sample Date
November
2019
Monthly
Result
December
2019
Monthly
Sample Date
December
2019
Monthly
Result
• .:, .! • ling Wells
MW-11 (Class II)
Chloride (rng/L) 39.16
4/24/2019
34
5/7/2019
NA
6/3/2019
,
NA
7/16/2019
48.4
8/5/2019
NA
9/24/2019
NA
10/15/2019
30.8
11/12/2019
39.1
12/3/2019
35.4
Sulfate (mg/L) 1309 1160 NA NA 1410 NA NA 1290 1140 1100
Manganese (ug/L) 164.67 181 210 210 , 199 202 174 185 206 167
MW-14 (Class III) Fluoride (mg/L) 0.22 4/23/2019 <0.100 NS NA NS NA 7/15/2019 0.248 NS NA NS NA 10/9/2019 <0.100 11/13/2019 0.127 12/3/2019 0.120
Sulfate (mg/L) 2330 1780 NA NA 2450 NA NA 2180 2110 2120
MW-25 (Class 111) Cadmium (ug/L) 1.5 4/10/2019 1.30 5/8/2019 1.41 6/4/2019 1.47 7/15/2019 1.23 8/6/2019 1.37 9/23/2019 1.38 10/9/2019 1.45 11/13/2019 1.36 12/4/2019 1.45
MW-26 (Class III)
Nitrate + Nitrite (as N) (mg/L) 0.62 •
4/24/2019
3.00
5/7/2019
0.986
6/4/2019
3.16
7/16/2019
2.06
8/6/2019
3.10
9/24/2019
1.59
10/9/2019
2.35
11/13/2019
2.90
12/4/2019
2.32
Chloroform (ug/L) 70 4140 1140 778 3110 1090 1540 1710 1280 1110
Chloride (mg/L) 58.31 82.0 73.0 72.6 75.2 83.5 62.1 73.8 62.3 57.7
Methylene Chloride (ug/L) 5 4.16 1.69 <1.00 10.7 1.12 3.35 2.95 1.73 2.64
Nitrogen, Ammonia as N 0.92 0.104 0.479 0.0919 0.357 0.164 0.496 0.273 0.178 0.207
MW-30 (Class II)
Nitrate + Nitrite (as N) (mg/L) 2.5
4/9/2019
18.5
5/7/2019
17.9
6/3/2019
15.8
7/16/2019
19.3
8/6/2019
15.8
9/24/2019
17.9
10/8/2019
18.2
11/13/2019
17.2
12/4/2019
17.8
Chloride (mg/L) 128 138 175 165 181 190 176 170 180 185
Selenium (ug/L) 47.2 53.6 47.1 49.9 48.4 50.9 49.1 56.8 47.8 56.4
Uranium (ug/L) 8.32 8.62 8.15 8.88 9.03 9.39 8.12 8.69 9.29 8.99
Field pH (S.U.) 6.47 - 8.5 7.06 7.00 7.12 6.86 7.42 7.00 7.16 7.21 7.22
MW-31 (Class III)
Nitrate + Nitrite (as N) (mg/L) 5
4/10/2019
19.7
5/7/2019
18.9
6/3/2019
19.7
7/15/2019
19.8
8/5/2019
17.0
9/23/2019
19.5
10/9/2019
19.8
11/12/2019
18.8
12/3/2019
18.3
Sulfate (mg/L) 993 917 NA NA 1150 NA NA /0/0 990 1020
TDS (mg/L) 21 32 2080 NA NA 2580 NA NA 2280 2650 2030
Chloride (mg/L) 143 294 346 325 374 372 365 318 338 343
MW-36 (Class III) Sulfate (mg/L) 3146.21 4/18/2019 2470 5/21/2019 NA 6/3/2019 NA 7/16/2019 3170 8/6/2019 NA 9/23/2019 NA 10/8/2019 2850 11/13/2019 2590 12/3/2019 2710
Field pH (S.U.) 6.49 - 8.5 7.05 6.73 7.01 6.60 7.33 6.92 7.05 7.09 7.24
Required Semi-Annual Sampling Wells -A.1111111111111 MW-12 (Class 111) Uranium (ug/L) 23.5 4/25/2019 23.2 NS NA NS NA 7/11/2019 23.1 NS NA NS NA 10/23/2019 21.6 NS NA NS NA
MW-24 (Class III)
Beryllium (ug/L) 2
5/2/2019
2.83
NS
NA
NS
NA
7/18/2019
2.94
NS
NA
NS
NA
11/6/2019
3.25
NS
NA
NS
NA
Cadmium (ug/L) 6.43 8.24 NA NA 8.37 NA NA 9.31 NA NA
Fluoride (mg/L) 0.47 0.839 NA NA 0.996 NA NA 0.667 NA NA
Nickel (mg/L) 50 63.9 NA NA 70.6 NA NA 75.4 NA NA
Manganese (ug/L) 7507 7020 NA NA NA NA NA 7700 NA NA
Thallium (ug/L) 2.01 2.73 NA NA 2.61 NA NA 2.88 NA NA
Field pH (S.U.) 5.03 - 8.5 4.53 NA NA 5.03 NA NA 5.19 NA NA
MW-27 (Class III) Nitrate + Nitrite (as N) (mg/L) 5.6 4/23/2019 6.33 NS NA NS NA 7/12/2019
8/15/2019 6.50 NS NA NS NA 10/22/2019 6.27 NS NA NS NA
MW-28 (Class III)
Chloride (mg/L) 105
4/24/2019
165
NS
NA
NS
NA
7/12/2019
8/16/2019
133
NS
NA
NS
NA
10/22/2019
149
NS
NA
NS
NA
Selenium (ug/L) 11.1 12.4 NA NA 10.6 NA NA 16.5 NA NA
Gross Alpha (pCi/L) 2.42 1.94 NA NA 1.20 NA NA <1.00 NA NA
Uranium (ug/L) 4.9 9.60 NA NA 7.83 NA NA 12.4 NA NA
MW-32 (Class III) Chloride (mg/L) 35.39 4/9/2019 34.5 NS NA NS NA 8/15/2019 35.7 NS NA NS NA 10/8/2019 35.3 NS NA NS NA
MW-35 (Class 11) Nitrogen, Ammonia as N 0.14 4/18/2019 0.0634 NS NA NS NA 7/11/2019 0.0935 NS NA NS NA 10/8/2019 <0.0500 NS NA NS NA
Notes:
NS= Not Required and Not Sampled
NA= Not Applicable
Exceedances are shown in yellow