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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 2