DRC-2017-007063 - 0901a06880756ddd

Ref: 81-;PR-S
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8
1595 Wynkoop Street
Denver, CO 80202-1129
Phone [phone]
www epa gov/region8SEP 1 1 2017
Div of Waste Management
and Radiation Control
SEP 1 3 2017
~Wl-20\l-0070^
Memorable Harold Cuthair
Chairman. Lite Mountain Ute Tribe
P.O. Box 248
Tovvaoc, Colorado 81334-0248
Dear Chairman Cuthair:
I hank you lor your letter to Administrator Pruitt on July 6, 2017, requesting consultation on the pending
renewal of the radioactive materials license and the renewal of the groundwater discharge permit at the
White Mesa Uranium Mill by the Utah Department of Environmental Quality’s Division of Waste
Management and Radiation Control (DWMRC). The Administrator asked that 1 respond on his behalf.
In accordance with the 1984 Indian Policy and the 2011 EPA Policy on Consultation and Coordination
with Indian Tribes, consultation with tribal governments should be done as soon as practicable on the
EPA regulatory actions with tribal implications. As you are aware, the U.S. Nuclear Regulatory
Commission (NRC) has delegated .regulatory oversight of the White Mesa Uranium Mill to the state of
Utah by approving Agreement State status under Section 274 of the Atomic Energy Act. As such, the
Utah Department of Environmental Quality, and specifically the DWMRC, is the regulatory authority
for relicensing of the White Mesa Uranium Mill and has regulatory authority for activities related to
uranium and thorium milling. Similarly, in the Agreement between the NRC and the state of Utah, the
NRC authorized DWMRC to use the Utah Ground Water Quality Protection regulations to regulate
groundwater at the White Mesa Uranium Mill. Since DWMRC, and by extension the NRC, are the
regulatory authorities for these activities, the EPA does not have standing to consult on this matter.
We do, however, recognize and appreciate the significant engagement of the Ute Mountain Ute Tribe
during the White Mesa Uranium Mill public hearing held on June 8, 2017, and in the DWMRC public
comment process related to the radioactive materials license and groundwater discharge permit
renewals. I understand that EPA Region 8 staff have been in contact with the Ute Mountain Ute
Environmental Programs Department and have been provided the testimony and public comments the
Tribe submitted to DWMRC as part of their license and permit renewal. Thank you for providing those
for our review
We remain committed to fulfilling our trust and consultation responsibilities as it relates to our
regulatory authorities at the White Mesa Uranium Mill. To that end, EPA inspectors and technical staff
recently completed two separate site visits at the facility, on May 10, 2017, and May 16, 2017,
respectively, for the purpose of better understanding facility operations and ensuring compliance with
the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Off-Site
Rule and National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart W. On June 15,
2017, the operator of the facility. Energy fuels Resources (USA), Inc., requested the EPA make an
'•acceptability determination'’ under the provisions of the CERCLA Off-Site Rule for uranium-bearing
feedstock material originating at the EPA Region 10 Midnite Mine remediation site in Washington state.
We are still evaluating this request and we believe that engaging in government-to-govcrnmenl
consultation between EPA Region 8 and the Ute Mountain Ute Tribe on this matter would be beneficial
and appropriate. We value the input of the Ute Mountain Ute Tribe and are eager to work with your staff
to schedule a meeting and discussion about the requested GERCLA Off-Site Rule acceptability
determination.
1 appreciate the partnership the EPA has with the Ute Mountain Ute Tribe in the protection of human
health and the environment. 1 take our commitment to working side-by-side with you, your colleagues
on the tribal council, and the professionals working at the Ute Mountain Ute 'Tribal Environmental
Programs Department seriously. In addition to this letter, Patrick Rogers, our Regional Tribal Liaison,
will be contacting you shortly to initiate the consultation process to ensure we fully understand your
concerns.
If you need further information, please contact me at (303) 3 12- 6298 or Mr. Rogers at
[e-mail] or at [phone]. Thank you for your inquiry.
Sincerely,
Debra IT 'Thomas
Acting Regional Administrator
cc: The Honorable Orrin Hatch
The Honorable Mike Lee
Mr. Scott Anderson
Ms. Shirlee Silversmith
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