DRC-2013-001173 - 0901a06880346322

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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
January 14,2013
Mr David C Frydenlund
Senior Vice President, Regulatory Affairs and General Counsel
Energy Fuels Resources (USA) Inc (EFR)
225 Union Blvd , Suite 600
L.kewood,COS0a2S D R C - 2 013" 0 U 117 3
Subject Compliance: Engmeenng Module 73, Inspection of Disposal of Bulk Byproduct
Matenal Radioactive Matenals License UTl 900479 (RML) DRC Findings,
Closeout of Engineering Module 73, and Request for Information Relative to
Standard Operating Procedure PBL-10
Dear Mr Frydenlund
Dunng the year 2012, the Utah Division of Radiation Control (DRC) conducted four inspections
of disposal operations for 1 le (2) byproduct matenal These inspections occurred on Apnl 13,
June 8, September 20 and December 20, 2012. The DRC findings were as follows
1 EFR has an approved Standard Operating Procedure, No PBL-10, Revision No R-3
(SOP), dated November 10, 2011 which sets forth an orderly methodology for achieving
compliance with the conditions of the RML governing receipt and disposal of 1 le (2)
byproduct matenal
2. The inspections performed on the above referenced dates did not reveal incidents of
noncompliance with either the RML or the SOP, with one exception, as noted below
3 Dunng the December 20, 2012 inspection, EFR received two loads of byproduct matenal
Paragraph 5 6 on Page 3 of the SOP requires inspection of the load for conformance with
the descnption of the shipping papers pnor to the load leaving the vicinity of the scale
house and entenng the secured area The load beanng Shipping Number 12/12-16 on the
Bill of Lading was not inspected until it reached the disposal site in Cell 3, withm the
secure area The DRC was provided an explanation that the containers often amve with
doors frozen shut dunng the winter, and forcing the doors open is better done just pnor to
offloading the matenal The inspection at the point of receipt is designed to facilitate
rejection of loads without needing to address decontamination of the transport vehicle
when the matenal does not match the descnption on the shipping papers The DRC does
195 North 1950 West • Salt Uke City, UT
Maihng Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] -TDD (801) 5364414
/ www deq Utah gov
Printed on 100% recycled paper
David C Frydenlund
Page 2
January 14,2013
not take exception to the practice observed, but does have concern that a nonconforming
load may create a compliance dilemma upon rejecting the load
4 The SOP contains a form, identified as Attachment 2, and appeanng on Pages 10 through
12 of the SOP Field crews use the form to track and document compliance with the SOP,
and thus with the RML, when each load of byproduct matenal amves and receives
disposal EFR can improve this form by including on the form a place to identify the load
to which the form pertains Should the Bill of Lading and other documents be separated
from the form, returning the form to the conect paperwork packet would prove
problematic
Inasmuch as EFR has complied with the provisions of the RML, no violations have been detected,
and no open issues remain therefore, the DRC considers the 2012 Engineering Module 73
closed
Request for Information
As noted in Bullet Item 3 above, the field practice of transporting incoming loads to the secure
area dunng extreme cold weather pnor to visual inspection against the descnption on the load
manifest introduces complications should EFR need to reject a load If EFR intends to continue
this practice, please amend Standard Operating Procedure PBL-10 to include the vanation
currently employed under extreme cold conditions Include in the amendment decontamination
and survey procedures for the exiting load and its transport Please provide these revisions, or a
statement that EFR will abandon the practice, by February 28, 2013
If you have any questions on these matters, please contact at Russ Topham at [phone]
Sincerely,
Rusty Lundberg
Director
RL/RJT ijt