DRC-2013-001649 - 0901a0688035cbb0

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, Compliance Section Manager
FROM: Tom Rushing, P.O. (Ji^ 3/^^l^^
DATE: Marchl9,2013 DRC - 2013-00
SUBJECT: Environmental Protection Agency March 14, 2013 Storm Water Inspection at the
White Mesa Uranium Mill
Summary:
On Marchl4, 2013 representatives ofthe Utah Division of Radiation Control ("DRC") (Tom
Rushing and Boyd Imai) accompanied Region VIII Enviromnental Protection Agency ("EPA")
inspectors (Natasha Davis, Emilio Llamozas and Terry Brown) during an EPA inspection of the
White Mesa Uranium Mill, Blanding, Utah. The purpose of the DRC accompanimeiit was to
document activities during the inspection. Additionally, DRC took photos of the site areas
inspected during the day, with exception of upland diversion ditch 1. Copies of the photos are
attached to this memo.
Opening Meeting:
Present: Natasha Davis (EPA), Emilio Llamozas (EPA), Terry Brown (EPA), David Turk,
Energy Fuels Resources (USA) Inc. ("EFR"), Garrin Pahner (EFR), Tom Rushing
(DRC), Boyd Imai (DRC)
Natasha Davis opened the meeting and summarized that the EPA inspection was the result of a
complaint received from the Ute Mountain Ute Tribe. She reported that the Tribe was concemed
that contaminated storm water was being discharged from the White Mesa Facility. She also
wanted to see the location of Entrance Sprifig.
Terry Brown stated that his purpose was to inspect items related to the Tribe complaint.
Specifically, he was concemed with potential contamination from wind blown dust off of the ore
pad, high historical concentration of parameters at groundwater monitoring well MW-22, and the
location of the liner tear and repair of Cell 1.
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone [phone] • Fax [phone] -TDD [phone]
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Page 2
Tom Rushing stated that the purpose of the DRC was to accompany the EPA inspection and
clarified that a DRC inspection was not being undertaken.
Document Review:
Natasha Davis requested copies of the Stormwater Best Management Practices Plan (SWBIVIPP),
the most recent DRC inspection report (2012) and the EFR response to the DRC inspection. The
documents were provided by EFR. Natasha Davis reviewed the SWBIVlPP and Emilio Llamozas
reviewed the DRC inspection during the report review.
Terry Brown requested a copy of the historic data for monitoring well MW-22. EFR provided a
table of the data.
Site Walkthrough (Ore Storage Pad and Processing Area):
Present: Natasha Davis (EPA), Emilio Llamozas (EPA), Terry Brown (EPA), David Turk,
Energy Fuels Resources (USA) Inc. ("EFR"), Garrin Pahner (EFR), Tom Rushing
(DRC), Boyd Imai (DRC)
The ore storage pad was toured starting at the southwest margin. EPA inspectors (Natasha Davis
and Emilio Llamozas) were specifically looking at the diversion berm around the pad, the storm
water drainage system, and grading. EPA inspector (Terry Brown) was specifically looking at
dust mitigation measures undertaken by EFR on the ore storage pad.
It was noted that the ore storage pad was graded to the west and that storm water drainage was
primarily diverted toward the facility and was routed to Cell 1. EPA asked for clarification
regarding a past DRC Notice of Violation regarding the discharge of process water from the new
decontamination pad ditch out ofthe restricted area at the southeast comer of the facility.
EPA asked for clarification regarding dust mitigation from the Ore Storage Pad. EFR responded
that dust mitigation was conducted according to requirements by the Utah Division of Air Quality.
The ore piles were sprayed with water several times per day, and altemate feed that was not
drummed or otherwise containerized was covered with topsoil to avoid the blowmg of material
offsite.
The south, east and north margins ofthe ore storage pad were walked during the inspection.
Conference Call 1:
Present: David Frydenlund (EFR, via telephone), Harold Roberts (EFR, via telephone), Jo
Ann Tischler (EFR, via telephone), Kathy Weinel (EFR, via telephone), Natasha
Davis (EPA), Emilio Llamozas (EPA), Terry Brown (EPA), David Turk, Energy
Fuels Resources (USA) Inc. ("EFR"), Garrin Palmer (EFR), Tom Rushing (DRC),
Boyd Imai (DRC)
After the processing area site walkthrough a telephone conference was held. The call was
initiated by EFR.
Page 3
David Frydenlund communicated the following during the call:
1. It is his understanding that the EPA does not have jurisdiction at the facility regarding
water management issues since the Atomic Energy Act defines by-product materials under
part 1 le.(2) and outlines the primary regulating entity as the Nuclear Regulatory
Commission.
2. EFR will not allow the EPA inspectors to keep the documents that were provided.
In response, Natasha Davis stated that she had not heard that EPA did not have jurisdiction at
Uranium Mill Facilities and that it was her understanding that EPA had authority to inspect any
industrial facility regardless of the facility process.
David Frydenlund stated that this issue needed to be resolved and requested that the EPA
attomeys contact him to clarify the legal jurisdiction. It was agreed that the site walkthrough
inspection could continue.
After the conference call Natasha Davis contacted EPA attomey Jim Eppers (sp?) who agreed to
contact David Frydenlund directly.
Site Walkthrough (Water Management Ponds, Tailings Cells, Upland Diversion Ditch 1 and
Honey ard):
Present: Natasha Davis (EPA), Emilio Llamozas (EPA), Terry Brown (EPA), David Turk,
Energy Fuels Resources (USA) Inc. ("EFR"), Garrin Palmer (EFR), Tom Rushing
(DRC), Boyd Imai (DRC)
The upland diversion ditch 1 was inspected. It was noted that the ditch was well maintained and
designed for a very large storm event volume.
Cell 1 (Evaporation Pond) was inspected. EPA inspector (Terry Brown) request to specifically
observe the location at Cell 1 where the liner was breached and repaired.
Tailings Cells 4A and 4B were observed. It was noted that only Cell 4A was receiving tailings
and that Cell 4B was currently used as an evaporation pond.
The boneyard was toured. It was noted that a large (approx. 20 ft. high) berm surrounded the
boneyard area.
Conference Call 2:
Present: David Frydenlund (EFR, via telephone), Harold Roberts (EFR, via telephone), Jo
Ann Tischler (EFR, via telephone), Kathy Weinel (EFR, via telephone), Natasha
Davis (EPA), Emilio Llamozas (EPA), Terry Brown (EPA), David Turk, Energy
Fuels Resources (USA) Inc. ("EFR"), Garrin Pahner (EFR), Tom Rushing (DRC),
Boyd Imai (DRC)
Page 4
After the site inspection of the boneyard a second conference call took place. David Frydenlund
communicated the following: ^
1. He had an initial conversation with the EPA attomey
2. The issue of EPA jurisdictiqn was not fully resolved and additional conversation was
needed
3. He would allow Natasha Davis and Emilio Llamozas to take the documents they requested
with the provision that the documents be logged and signed for
4. He would not allow Terry Brown to take the data table for monitoring well MW-22
It was agreed that the inspection close-out meeting would be delayed until further determination
of EPA legal jurisdiction at the mill facility. Natasha Davis reported that she would arrange a
close-out conference to be held via conference call for the following week.
Entrance Spring Inspection:
Present: Natasha Davis (EPA), Emilio Llamozas (EPA), Terry Brovm (EPA), David Turk,
Energy Fuels Resources (USA) Inc. ("EFR"), Garrin Palmer (EFR), Tom Rushing
(DRC), Boyd Imai (DRC)
The group inspected Entrance Spring located east of the mill facility. No specific observations
were noted.
Utah DRC Accompaniment with EPA Storm Water Inspection
Inspection Date, March 14, 2013
Photo Log of Areas Toured
1. Berm on Southwest side of Ore Pad
mam
2. Ore Pad looking east toward new decontamination facility (upward slope)
3. Southwest corner ore pad storm drain and berm
4. East ore pad berm (photo looking north toward Abajo Mountains)
5. Standing water (puddle) at northeast ore pad area
6. North ore pad berm (Photo looking west towards Bears Ears, Black Mesa)
7. Area around sulfuric acid tank where storm water had accumulated. EFR had pumped standing
water in this area
8. Photo looking west (towards Black Mesa) of Cell 1 and restricted area berm (foreground)
••••• 9. Cell 1 looking east toward mill facility
10. Cell 1 northeast corner where liner repair was undertaken (area of past liner tear)
11. Cell4B
12. Cell 4A
13. Berm above boneyard
14. Entrance Spring