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Home My WebLink AboutDRC-2015-006412 - 0901a0688057d79cGARY R. HERBERT Governor SPENCERJ. COX Lieutenant Governor Department of Environmental Quality Alan Matheson Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Scott T. Anderson Director September 21,2015 Sarah Fields Uranium Watch 76 South Main Street. #7 PO Box 344 Moab UT 84532 RE:Request for Relief Regarding Petition to the EPA to Reconsider Rescission and Seek Reinstatement of 40 CFR, Part 61, Subpart T, White Mesa Uranium Mill Dear Ms. Fields: The Division of Waste Management and Radiation Control (DWMRC) has completed its review of the referenced petition. The following statements constitute the position of the DWMRC relative to the issues you have raised. The DWMRC agrees that the White Mesa Mill license must include an updated reclamation plan with enforceable milestones for closure (Seel0 CFR Part 40, Appendix A, Criteria 6 and 6,4., adopted through R3l3-24-4 of the Utah Administrative Code). The DWMRC is aware of these requirements and there will be such milestones in the upcoming license renewal. The DWMRC agrees that the interim 20 pCi/m2 - sec limitation for radon-222 previously ordered must apply if the time to apply a final radon cover is delayed for technical reasons and that a delay will be subject to public participation requirements (See l0 CFR Part 40, Appendix A, Criterion 6A(2), adopted through R3I3-24-4 of the Utah Administrative Code). Both of these issues will be addressed in the upcoming license renewal. The DWMRC agrees that renewal of Energy Fuels' License and Ground Water Permit need to be completed as soon as possible and that they are subject both to notice and comment and to the procedures outlined in R3l3-17-4 of the Utah Administrative Code. 4. The DWMRC does not agree that the requirements for reinstatement of Subpart T have been met. This is not a matter of a significant failure of the Agreement State. This is instead a garden variety concern about how long it is taking an agency and a regulated entity to complete the 195 North 1950 West. Salt Lake City, UT Mailing Address: P.O. Box 144880. Salt Lake City, UT 841l4-4880 Telephone (801) 536-0200. Fax (801) 536-0222. T.D.D. (801) 903-3978 wuno.de q.utah.goo Printed on 100% recycled paper 1. 2. aJ. DRC-2015-0064 r2 Page2 renewal process to update a license and the impact of that process on a single non-operational tailings cell, White Mesa Mill Cell2. 5. The DWMRC and all other interested persons agree that the renewed license will include reclamation milestones, an updated reclamation plan and a 20 pCilm2 - sec limitation and that it will be subject to notice and comment and the procedures of R3l3-24-4 of the Utah Administrative Code. The primary concern, then, is about the length of time it is taking to get to that point. 6. The Division of Radiation Control (DRC) initially planned to issue the renewal first and then address reclamation, which the agency knew would be a substantial undertaking. It was only after reviewing comments from you and others when license renewal was initially proposed in October, 20l l that the DRC determined those licensing actions would have to be tied together. The agency withdrew the license renewal it had proposed. The DRC and now the DWMRC have been working since then to appropriately address these and other comments. License renewal that includes a new reclamation plan is a very complicated process, however, and a good plan requires time. The DWMRC's expectation continues to be that it will be able to propose renewal by the end of the year but the timeline has been and will continue to.be driven in part by the need for a quality proposal. The State of Utah is not in any way avoiding its obligations underl0 CFR Part 40, Criteria 6 and 6,4.. To the contrary, it is working diligently to fulfill them. 7. The DWMRC also disagrees that the lack of enforceable deadlines in the current license affects the'timely placement" of a permanent radon barrier, as envisioned in 40 CFR $ 6I.226(2)(iD. It is important to understand that Cell 2 was approved and built in a manner that, while accepted by the Nuclear Regulatory Commission at the time it was approved, does not allow for a short dewatering period. The license renewal will establish and support a time for dewatering that is appropriate for the nature of Cell 2. Thattime is still several years away and emplacement of a permanent radon barier will therefore be delayed for that period. Related to that, however, it is also important to recognize that the standards of Criteria 6 and 6,{ are being met during this interim period. As you know, Energy Fuels is under an order to continue monitoring for radon and to meet the 20 pCilm2 - sec requirement. Although the Order letter was issued in association with the MILDOS requirements and therefore, did indicate that it could be changed in the future, the DWMRC agrees (subject to notice and comment, of course) that the 20 pCilm2 - sec requirement must continue to apply to Cell 2 until a permanent barrier is placed in order to meet the requirements of Criterion 6 before a permanent barrier is placed. 8. There is an approved Reclamation Plan in place, Reclamation Plan 3.2B, which may be found at: http://www.deq.utah.gov/businesses/E/energyfuels/docsl20lll}3Mar/DUSA1189.pdf. The DWMRC recognizes that you have concerns about the content of Reclamation Plan 3.2B and about the way that it was adopted. Its approval was not challenged, however, and it is now the effective plan.l I See also Reclamation Plan 3.0 at: Page 3 Given that and the DWMRC's stated intention to significantly update the plan, it would not be helpful to further address the concerns you have stated. If you have any questions, please call Laura Lockhart at (801) 536-0283 or Phil Goble at (801) 536- 4044. Scott T. Anderson, Director Division of Solid and Hazardous Waste Sincerely, http://www.deq.utah.gov/businesses/E/energyfuels/docs/2008/l0Oct/rd-rev3partl.pdf and http://www.deq.utah.gov/businesses/E/energvfuel$/do,cs/i2008/lOoctrd-rev3Daft2.pdf and Reclamation Plan 3.1 at: http://www.deq.utah.gov/businesses/E/energyfuels/docsi2008/l0Oct/rev3cover.pdf and http://www.deq.utah.gov/businesses/E/energyfuels/docs/2008/l0Oct/rev3ccover-a.pdf and http://www.deq.utah.gov/businesses/E/energyfuels/docs/2014/O8Aug/rev3ccover bc.pdf.