HomeMy WebLinkAboutDRC-2019-005664 - 0901a06880a80c5fDiv of Waste Management
and Radiation Control
JUN 1 7 2019
Ref: 8ENF-RO-R
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8
1595 Wynkoop Street
Denver, CO 80202-1129
Phone 800-227-8917
www.epa.gov/region8
JUN 1 1 2019
DRC-zo 19- 005G64-
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David C. Frydenlund
Senior Vice President, General Counsel
And Corporate Secretary
Energy Fuels Resources (USA) Inc.
225 Union Boulevard, Suite 600
Lakewood, Colorado 80228
Re: Request for Acceptability Determination for Energy Fuels Resources (USA) Inc.'s White
Mesa Mill under CERCLA Off-Site Rule.
Dear Mr. Frydenlund:
This letter is in follow-up to your June 15, 2017 letter requesting a Comprehensive Environmental
Response Compensation and Liability Act (CERCLA) Off-Site Rule (OSR) acceptability determination
for four new units at the White Mesa Mill: tailings impoundment Cell 4A, tailings impoundment Cell
4B, the alternate feed processing circuit, and related storage pads. The September 22, 1993 Off-Site
Rule established the criteria for determining whether facilities are acceptable for the off-site receipt of
CERCLA wastes from response actions authorized or funded under CERCLA. The criteria for a
facility's acceptability to receive CERCLA wastes are that no "environmentally significant release of
hazardous substances has occurred at the facility unless the release is controlled by an enforceable
agreement for corrective action under an applicable Federal or State authority," and that there are no
relevant violations at the unit or units receiving the CERCLA wastes.
The U.S. Environmental Protection Agency Region 8 issued an initial determination of acceptability
pursuant to the CERCLA Off-Site Rule for the ore pad, the ore processing mill, and tailings cell 3 in our
April 20, 1999 letter. EPA recognizes that the Mill operates under a Radioactive Materials License No.
UT 1900479 issued by the Utah Department of Environmental Quality (UDEQ), Division of Waste
Management and Radiation Control (DWMRC) and a Groundwater Discharge Permit No. UGW370004
issued by the DWMRC pursuant to the Utah Water Quality Rules, Utah Administrative Code R317-6.
Under this license, the facility accepts and processes uranium-bearing material from CERCLA removal
or remedial actions in accordance with the CERCLA Off-Site Rule, 40 Code of Federal Regulation
section 300.440. These uranium-bearing materials are processed to extract uranium. The residuals or
tailings from this process are defined as 11e.(2) byproduct material, which is excluded from the
definition of solid waste under the Resource Conservation and Recovery Act (RCRA), are placed in
cells at the site.
Sincerely
an, Director
Enforcemen and Compliance Assurance Division
EPA conducted an OSR site visit of your facility on May 10, 2017. Additionally, we have reviewed
compliance and release information from the UDEQ DWMRC and from a 2017 EPA Region 8 air
inspection evaluating the facility's compliance with the applicable provisions of the Clean Air Act,
including the requirements of the new Subpart W. Our OSR evaluation did not reveal any significant
violations or uncontrolled releases at the Mill.
Pursuant to the CERCLA OSR, EPA finds that tailings impoundment Cell 4A, tailings impoundment
Cell 4B currently being operated as an evaporafign pond;and the alternate feed processing circuit, and
related storage pads are acceptable to receive CERCLA off-site wastes.
If you have any questions regarding this letter, please contact Linda Jacobson of my staff at
(303) 312-6503.
cc. y Howard, UDEQ
Phillip Goble, UDEQ
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