DRC-2012-002679 - 0901a06880346618

State of Utah
GARY R HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
MEMORANDUM
TO File
THROUGH Phil Goble, Section Manager
FROM
DATE
SUBJECT
Russell J Topham, P E
December 12,2012 ^ DRC-2012-002679
Engineenng Module 75D, Project C-2012-102 Review of the 3"* Quarter, 2012 (July -
September, 2012) DMT Performance Standards Momtormg Report and Cell 4A and Cell
4B BAT Performance Standards Momtonng Report (Report) Groundwater Discharge
Permit (GWDP) UG370004 - Energy Fuels Resources, Inc (EFR) White Mesa Mill,
Blanding, Utah
This is a summary of Utah Division of Radiation Control (DRC) staff review of the EFR DMT
Performance Momtonng Report and Cell 4A and Cell 4B BAT Performance Standards Monitoring Report
dated August November 29, 2012, and covenng the 3rd Quarter, 2012 (July - September, 2012) monitonng
penod (Report) DRC received the Report on November 30,2012 in both hard copy and soft copy CD
formats Discussions in this document reference the White Mesa Mill Tailings Management System and
Discharge Minimization Technology (DMT) Monitoring Plan, Revision 11 1 (DMT/BAT Plan) The
DMT/BAT Plan in force dunng the Penod in question was executed on January 20, 2011 Revision 12 1 of
the DMT Plan and Revision 2 1 of the Tailings Management System Plan received approval July 25, 2012
Review of the 3"* Quarter Report will reflect the requirements approved on July 25, 2012
After review of this report, DRC staff findings and recommendations are as follows
1 EFR has provided the weekly slimes drain maximum/mimmum fluid level momtormg data in
support of compliance with Part IF 2 of the GWDP and Part 3 l(b)(v) of the DMT Monitonng
Plan
2 EFR has provided the data required in Part ID 3(b)(2) of the GWDP The data demonstrate
compliance with the requirements of the GWDP for slimes drain head recovery testing
3 The data presented in the report demonstrate EFR compliance with the solution pool operational
requirements of the License and the DMT/BAT plan in force during the quarter
4 EFR momtored the Cell 4B solution pool elevation as required to demonstrate compliance with
the freeboard requirement
195 North 1950 West • Salt Uke City, UT
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5 EFR included in the Report data from tailings beach elevation and area surveys
6 EFR included in the Report leak detection system monitonng data and leakage rate calculations
for Cell 1 and Cell 3
7 EFR performed solution pool elevation monitoring m Cell 4A to facilitate determination of
allowable FML leak rate Cell 4A solution pool monitonng data and the numencal determination
of compliance with FML leak rate standards for Cell 4A and Cell 4B appear in the Report
Attachments
8 EFR maintenance crews, while removing sediment from Roberts Pond, tore the pond liner in one
location Roberts Pond had no fluid in it at the time The Imer tear occurred on July 5, 2012, with
repair completed on July 12,2012 In summary, the repairs appear successftil Vacuum testing
indicates that repair crews achieved a competent bond between the Imer fabnc and the repair
patch Should down-gradient ground water monitonng reveal adverse changes in water quality,
the repair should receive scmtiny to ascertain whether a failure of this patch, or some other
undetected damage to the Imer might be the source of the contamination
9 Data presented in the report demonstrate EFR compliance with the decontamination pad
inspection and maintenance requirements of the DMT/BAT Plan
10 EFR has met the provisions of the DMT/BAT Plan with regard to feed material stockpiles
The DRC should issue a closeout letter for the review of this report
1.0 Slimes Drain Water Level Monitoring
Part IF 2 of the GWDP requires EFR to include in the Report, all DMT performance standards monitonng
detailed in Parts ID 3 and IE 7 of the GWDP Part ID 3(b)(1) of the GWDP requires EFR to maintain the
fluid level m the slimes drain of Cells 2 and 3 as low as reasonably achievable at all times, and to
demonstrate that performance through adherence to the current DMT Monitonng Plan Part IE 7(b) of the
GWDP requires monthly monitonng and recording of the depth to wastewater in the slimes drain access
pipe as descnbed in Part ID 3 of the GWDP and the current DMT Momtonng Plan Part 3 l(b)(v) of the
DMT Momtonng Plan requires EFR to monitor and record weekly the depth to wastewater in the Cell 2
slimes drain access pipe to determine maximum and minimum head before and after a pumping cycle,
respectively
1 Section 4 1 of the Report asserts that the above discussed monitonng requirements only pertain to
Cell 2 for the reporting period, as dewatenng operations have not commenced in Cell 3
2 Weekly water level momtonng of the Cell 2 slimes drain is not required as part of the DMT plan,
but is required under Part ID 3(b)(1) of the GWDP Inasmuch as this data is not currently being
reported elsewhere, EFR agreed in a conference call on October 26, 2011 to provide the data as
part of the quarterly DMT Report until a more appropnate reporting mechanism is instituted EFR
has mcluded this data in Attachment C to the Report
3 Attachment C to the Report contains data from the monthly/quarterly recovery head measurements
(discussed in the next paragraph)
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4 The recovery head monitonng data provides indirect evidence that EFR has maintained the fluid
level in the Cell 2 slimes drain as low as reasonably achievable, as required in GWDP, Part
ID 3(b)(1)
Finding Data provided in Attachment C to the Report supports a conclusion that EFR has met the
requirement to keep water levels in the Cell 2 slimes drain as low as reasonably achievable
Part ID 3(b)(2) of the revision of the GWDP in force during the third quarter of 2012 required EFR to
perform a quarterly slimes drain head recovery test at each tailings cell slimes drain Specifications for the
head recovery test appear m Parts ID 3(b)(2)(i) and (ii) of the GWDP
Part ID 8 2(e) of the GWDP requires each quarterly report to contain the current year monthly fluid level
values and a graphical companson with previous years for the Cell 2 slimes drain Part ID 3(b)(3) of the
GWDP includes an analytical test to determine annual slimes drain compliance The analytical procedure
provides a means of demonstrating the success of dewatenng operations m the tailings cell The average
annual fluid level in the slimes drain must fall each year for the slimes drain to remain in compliance The
latest revision of the GWDP changes the recovery test frequency from monthly to quarterly
5 Attachment C to the Report contains the required head recovery test data
6 Attachment D to the Report contains the required graphical companson The regression senes
included on the chart shows graphical evidence of general compliance with the requirement to
reduce fluid head in the slimes drain
Findings EFR has provided the data required m Part ID 3(b)(2) of the GWDP The data demonstrate
compliance with the requirements of the GWDP for slimes drain head recovery testing The Cell 2 slimes
drain fluid level appeared to continue its declining trend, as required, and in contrast to the increased
elevation noted during the fourth quarter of 2010
2.0 Tailings Wastewater Pool Elevation Monitoring and Roberts Pond Solution Level Monitoring
Part IE 7(a) of the GWDP requires EFR to monitor and record weekly the elevation of the wastewater pool
in Tailings Cells 1 and 3 to ensure compliance with Condition 10 3 of the License Part ID 3(e) requires
EFR to operate Roberts Pond so as to provide a mmimum two feet of freeboard at all times Part 3 1 (d) of
the DMT/BAT Plan requires EFR to measure the solution pool elevation in Cells 4A and 4B weekly, and
the tailings beach maximum elevation and area within Cells 4A and 4B monthly
Tailings have nearly completely filled Cell 3 Recognizing this, letters from the Executive Secretary dated
January 27, 2011 and March 14, 2011 formally eliminated the need for solution pool elevation
measurement in Cell 3 The previously cited January 27,2011 letter and another letter from the Executive
Secretary dated March 15,2011 concluded a process obviating the need for freeboard-related solution pool
elevation monitonng in Cell 4A However, Part 3 1(a) of the DMT/BAT Plan requires momtonng solution
pool elevations in Cells 4A and 4B to facilitate determination of compliance with FML leakage rate
limitations
1 Attachment A to the Report contains weekly pool elevations for Cell 1 indicating compliance with
the prescnbed freeboard requirements
2 As noted above, no requirement for weekly solution pool elevation measurement at Cell 3 existed
dunng the third quarter Attachment A to the report reflects no measurements for the reported
quarter
Page 4
3 Attachment A to the Report contains weekly pool elevations for Roberts Pond indicating
compliance with the prescribed freeboard requirements Dunng the third quarter, EFR drained all
fluid from Roberts Pond to facilitate removal of accumulated sediment EFR maintenance crews,
while removing sediment from Roberts Pond, tore the pond liner in one location Roberts Pond had
no fluid in it at the time The liner tear occurred on July 5, 2012, with repair completed on July 12,
2012 Vacuum testing indicates that repair crews achieved a competent bond between the liner
fabnc and the repair patch However, the repair patch consists of a white fabnc, while the pond
liner consists of black fabric The tear occurred below the operating fluid level in the pond Thus,
fluid in the pond should prevent sunlight from directly reaching the liner at that location, and
should provide a check against rapid temperature changes Differential thermal expansion caused
by dissimilar heat absorption charactenstics between the liner and patch matenals should not occur
under these conditions However, should down gradient ground water monitonng reveal adverse
changes to ground water quality, investigators should check for failure of this repair
4 Attachment A to the Report contains weekly solution pool elevations for Cell 4A in support of
calculating acceptable leak rates for the liner system EFR failed to take the required solution pool
measurements in Cell 4A dunng the first and second quarters, and part of the third quarter of 2011
However, EFR has retumed to compliance, having taken and reported the required elevation
readings for the latter portion of the third quarter and the entire fourth quarter of 2011, and the first
and secondthrough third quarters of 2012
5 Attachment A to the Report includes solution pool elevation readings for Cell 4B indicating
compliance with the prescribed freeboard requirements
Findings The data presented in the report demonstrate EFR compliance with the solution pool operational
requirements of the License and the DMT/BAT plan in force dunng the quarter Repair of damage to the
Roberts Pond liner appears successful
3.0 Leak Detection System Monitoring
Part 3 1(a) of the DMT/BAT Plan requires EFR to monitor the leak detection system (LDS) for Cell 1 and
Cell 3 weekly EFR would either report the LDS as dry or report the fluid level in the LDS monitor pipe
Presence of fluid in the LDS tnggers a requirement to extract the fluid, measure the extracted volume, and
compute a leakage rate for the cell
1 Attachment C to the Report contains data showing the Cell 1 and Cell 3 LDS dry dunng the third
quarter of 2012 ^
Findings Cell 1 and Cell 3 seem to have had no detectable leakage during the third quarter of 2012
Part ID 6(a) of the GWDP requires EFR to operate Cell 4A in a manner to maintain fluid head in the LDS
not more than 1 -foot above the lowest point on the lower FML on the cell floor Part ID 6(b) requires that
the leak rate through the Cell 4A FML not exceed 24,160 gallons per day Part 3 1(a) of the DMT/BAT
Plan reiterates the GWDP requirements just discussed Table lA in Appendix E to the DMT/BAT Plan
relates solution pool head above the liner system to maximum allowable FML leak rate
2 Calculation of solution pool head requires measunng the solution pool elevation Attachment A to
the Report presents the required solution pool elevation readings for Cell 4A
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3 Attachment F to the Report presents LDS fluid level monitonng data and number of gallons
pumped from the LDS
4 Quantities of fluid pumped from the Cell 4A LDS support a finding of compliance with the
operational requirements of the GWDP and DMT/BAT Plan
Findings EFR has complied with the FML leakage rate provisions of the DMT/BAT Plan with respect to
cell 4A This includes solution pool elevation monitoring, extracting fluid when it exists in the LDS, and
maintaining FML leakage rate below the prescribed limits
Part ID 13(a) of the GWDP requires EFR to operate Cell 4B in a manner to maintain fluid head in the LDS
not more than 1-foot above the lowest point on the lower FML on the cell floor Part ID 13(b) requires that
the leak rate through the Cell 4B FML not exceed 26,145 gallons per day Part 3 1(a) of the DMT/BAT
Plan reiterates the GWDP requirements just discussed Table IB in Appendix E to the DMT/BAT Plan
relates solution pool head above the liner system to maximum allowable FML leak rate
5 Calculation of solution pool head requires measuring the solution pool elevation Attachment A to
the Report presents the required solution pool elevation readings for Cell 4B
6 Attachment F to the report presents LDS fluid level momtonng data and number of gallons
pumped from the LDS
7. Quantities of fluid pumped from the Cell 4A LDS support a finding of compliance with the
operational requirements of the GWDP and DMT/BAT Plan
Findings EFR has complied with the FML leakage rate provisions of the DMT/BAT Plan with respect to
cell 4B This includes solution pool elevation monitoring, extracting fluid when it exists in the LDS, and
maintaining FML leakage rate below the prescnbed limits
Part IE 8(a)(1) of the GWDP requires EFR to provide continuous operation of the Cell 4 A LDS pumping
and monitonng equipment, and to make such equipment operational within 24 hours of discovery of a
failure of such equipment Part ID 12(a)(1) of the GWDP requires EFR to provide continuous operation of
the Cell 4B LDS pumping and monitonng equipment, and to make such equipment operational within 24
hours of discovery of a failure of such equipment
8 Op July 23,2012, while performing the daily inspection regimen, EFR plant personnel discovered
that the Cell 4A LDS system displayed data, but the data logger had ceased recording Plant
personnel recorded on the inspection forms the readings required under the DMT Plan Plant
personnel reset the recording equipment, after which proper recording resumed Having recorded
the required data on the inspection form, no violation of the data acquisition portions of the DMT
Plan occurred EFR retumed the system to proper operation within 24 hours of discovery of the
malfijnction, as required
9 Section IE 8(a)(1) of the GWDP requires EFR to provide continuous operation of all elements of
the leak detection systems for the various cells Failure to repair a failed system and bring it to ftill
operation withm 24 hours constitutes a violation of the GWDP and of BAT Plant personnel made
the Cell 4A LDS momtonng system operational within 24 hours of discovenng the malftinction
10 EFR notified the DRC on July 23, 2012 by telephone that the Cell 4A LDS had ceased recording,
that they had restored proper operation within 24 hours, and that they had lost no data The DRC
Page 6
concurred that no requirement for wntten notification existed inasmuch as crews restored full
operation before a violation could occur
11 EFR did not expenence a repeat failure dunng the quarter
Findings EFR experienced failure of the Cell 4A leak detection data logger, but restored proper
functioning within 24 hours Having lost no data, and having restored proper functioning of the system
within 24 hours of discovenng the malfunction, no violation occurred EFR has complied with the
operational and, monitoring requirements pertaining to the LDS and its attendant equipment for the
quarter
4.0 Decontamination Pad Inspections
Part 3 l(e)(i) of the DMT/BAT Plan sets forth requirements for monitonng the New Decontamination Pad
Subpart (B) requires weekly measurement of fluid level in the inspection portals to detect leakage of the
pnmary containment bamer Subpart (F) imposes requirements to inspect weekly the integnty of the
concrete comprising the New Decontamination Pad surfaces and to repair any cracks greater than 1/8 inch
in width or other abnormalities in the pad surface Part 3 l(e)(ii) imposes requirements to inspect weekly
the integrity of the concrete compnsing the Existing Decontamination Pad surfaces and to repair any cracks
greater than 1/8 inch in width or other abnormalities in the pad surface
1 The inspection portals of the New Decontamination Pad contained no fluid at the weekly
inspections
2 No cracking in excess of 1/8 inch or other abnormality of the surface of the New Decontamination
Pad was observed dunng the Report quarter
Findings Data presented in the report demonstrate EFR compliance with the decontamination pad
inspection and maintenance requirements of the DMT/BAT Plan
5.0 Feedstock Storage Area Inspections
Part 3 3 of the DMT/BAT Plan requires weekly Confirmation that bulk feedstock storage occurs in the
areas defined in the GWDP, that a four foot buffer exist between feedstock stockpiles and the storage area
boundary, and that altemate feedstock stored outside the defined feedstock storage area is maintained in
water tight containers or are placed on a hardened surface
1 Location of stockpiles within the bulk storage area appeared proper
2 Standing water from rain events was noted in the feedstock storage area This water was directed to
the sump, and ultimately to Cell 1 for disposal
Findings EFR has met the provisions of the DMT/BAT Plan with regard to feed matenal stockpiles
6.0 Recommendations
1 The DRC should issue a closeout letter with respect to the Report