DRC-2020-001384 - 0901a06880bc5e73

January 8, 2020
Ute 91/fountain Ute Tribe
Environmental Programs Department
P.O. Box 448 Div of 'A'asle Management
Towaoc, Colorado 81334-0448 and Radiation Control
[phone] JAN 1 7 2020
.1)/C.-20Z0-00138/1-
Ty L. Howard, Director
Division of Waste Management and Radiation Control
Utah Department of Environmental Quality
195 North 1950 West
P.O. Box 144880
Salt Lake City, UT 84114-8440
RE: Aquifer pollution around the White Mesa Uranium Mill, San Juan County UT
Dear Mr. Howard,
As you know protection of the groundwater and seeps in and around White Mesa continues to be a
matter of extreme concern to the Tribe and its members. We are reviewing the 3rd Quarter 2019
Groundwater Monitoring Reports recently submitted by Energy Fuels Resources, Inc. (EFRI) for the
White Mesa Mill. These reports, as do reports for prior quarters, show progressive and alarming
degradation of the quality of the shallow groundwater, with seven new exceedances of groundwater
contaminant levels (GWCLs), lowering pH to more acidic conditions, and increasing trends in many
monitored toxic metals and other parameters.
Ongoing corrective actions to address the chloroform contaminant plume and the nitrate/chloride
contaminant plume have not achieved any significant reductions in the areal extent, concentrations or
contaminant masses of these plumes after several years of corrective action. The Corrective Action Plan
Comprehensive Monitoring Reports submitted by EFRI conclude that the current corrective actions will
not remove the plumes or reduce them to acceptable levels for decades or hundreds of years, if ever.
We again urge the Division require that additional effective investigative and corrective actions be taken
to identify and address the root causes of the contamination, rather than artificially relaxing
groundwater contaminant levels (GWCLs) to excuse noncompliant data and allow further degradation of
water quality.
The continued degradation of the groundwater and ineffectiveness of the strategy of continuously
relaxing GWCLs in response to exceedances are clearly illustrated by the 3rd Quarter 2019 data from
monitoring wells MW-31 and MW-14, which show that three of the five GWCLs that were relaxed by the
Division in March of 2019 are already being exceeded. Two of these GWCLs were previously relaxed in
2018 before being relaxed again in 2019. MW-31 is located between the southeastern edge of Tailings
Cell 2 and the northeastern edge of Tailings Cell 3. MW-14 is located along the southern edge of Tailings
Cell 4A. In MW-31, Sulfate and TDS are already in exceedance of the recently relaxed GWCLs, and
Uranium has already reached 95% of the relaxed GWCL. In MW-14, Fluoride is already in exceedance of
recently relaxed GWCL. e9
Monitoring
Well
Parameter Pre Mach
2019 GWCL
March 2019
Modified
GWCL
3rd Quarter 2019
Data
MW-31 Total Dissolved
Solids (TDS)
1700 mg/L 2132 mg/L 2580 mg/L
Sulfate 697.6 mg/L 993 mg/L 1150 mg/L
Selenium 86.1 ug/L 119.4 ug/L 91.1 ug/L
Uranium 9.1 ug/L 15 ug/L 14.3 ug/L
MW-14 Fluoride 0.2 mg/L 0.22 mg/L 0.248 ug/L
DWMRC's decision to recently allow a new well to replace MW-24 in response to continued
exceedances for beryllium, cadmium, fluoride, nickel and thallium will result in a multi-year delay while
another well is installed and eight quarters of monitoring are conducted resulting simply in the
establishment of higher GWCLs for these indicator parameters instead of requiring identification of the
source and source control. We saw this happen at MW-03 and the new MW-03A recently which had a
very similar list of exceedances. Monitoring wells MW-22, MW-25, MW-28, MW-39 and TW4-24 also
exhibit elevated concentrations and increasing trends for most of these constituents. Rare toxic metals
such as beryllium, cadmium, cobalt, nickel and thallium and ions like fluoride are found in great
abundance in the tailings cells and facility process solutions and have not been scientifically shown to be
naturally occurring in the local geology or groundwater.
It is faulty to assume that background quality in a contaminated aquifer underlying a 40-year old
uranium mill is changing due to natural conditions, rather than taking meaningful direct action to
investigate and address the root cause of the site-wide degradation of shallow groundwater quality. The
Tribe again urges the DWMRC to take a holistic approach and look at the big picture in light of the
overwhelming data showing significant trends of increasing groundwater contaminants and acidification
in the shallow groundwater beneath the Mill, rather than simply readjusting background levels to justify
relaxation of compliance limits.
We refer the Division to the Tribe's repeated comments submitted over the course of two decades
expressing its concerns about the Mill's impacts on groundwater and offering technical approaches.
Most recently, we submitted comments in connection with the Division's 2018 renewal of the Mill's
Radioactive Materials License and Groundwater Protection Discharge Permit, and again, in early 2019, in
connection with the Division's relaxation of certain GWCLs. In those comments, we pointed out
numerous actions that could and should be taken, including, among others, updated isotopic studies
and liner testing. We also refer the Division to the technical assessment of groundwater conditions at
the Mill prepared by Geo-Logic Associates (Geo-Logic Associates, 2017), which was submitted in
connection with the Division's 2018 renewal of the License and Permit
We also want to bring to your attention the dissolved oxygen (DO) data presented in EFRI's recent
monitoring reports from field measurement of DO. The widely ranging values for DO reported by EFRI —
some over 100 — are implausible. Typical readings for groundwater are under 8 mg/L. Possibly, there has
been operator error in the use of the DO meter. We recommend the Division bring this issue to EFRI's
attention and seek explanation.
Sincerely,
Ute Mountain Ute Tribe
Environmental Programs Department
cc:
Manual Heart, Ute Mountain Ute Tribal Chairman
Peter Ortego, Ute Mountain Ute General Council
Ute Mountain Ute Tribal Council
Kai Elgethun, ATSDR
Rick Meyer, Acting, Health Officer/Environmental Health Director, San Juan Public Health
Scott Hacking, P.E., UDEQ District Engineer
Treasure Bailley, USEPA Region 8
References
Applied Geochemistry, 2013. Miao, Ziheng. Akyol, Hakan N. McMillan, Andrew L. Brusseau, Mark L.
Transport and fate of ammonium and its impact on uranium and other trace elements at a former
uranium mill tailing site.
Applied Geochemistry, 2008. Hart, Megan. Whitworth, T.M. Atekwana, Eliot. Hyperfiltration of sodium
chloride through kaolinite membranes under relatively low heads- Implications for groundwater
assessment.
Energy Fuels Resources (USA) Inc., November 1, 2013. White Mesa Uranium Mill 2013 Annual Tailings
cells Wastewater Sampling Report.
Hydro Geo Chem, Inc. 2007. Site Hydrogeology and Estimation of Groundwater Travel Times in the
Perched Zone White Mesa Uranium Mill Site Near Blanding, Utah. February 26, 2007.
Utah Division of Waste Management and Radiation Control, February 16, 2017. Re: Response to Ute
Mountain Ute Tribe Letters Dated December 16, 2016 and January 20, 2017. DRC-2017-001146.
USGS 1995. Dam, William L. Geochemistry of Ground Water in the Gallup, Dakota, and Morrison
Aquifers, San Juan Basin, New Mexico. U.S. Geological Survey. Water Resources Investigations Report
94-4253.
USGS 1992. Hem, John D. Study and Interpretation of the Chemical Characteristics of Natural Water
Third Edition. U.S. Geological Survey Water-supply paper 2254.
US EPA, 01/19/2017. Health and Environmental Protection Standards for Uranium and Mill Tailings,
Proposed Rule. 82 FR 7400.
US EPA, September 2014. Draft Technical Report Considerations Related to Post Closure Monitoring of
Uranium In-Situ Recovery (ISL/ISR) Sites Background Information Document for the Revision of 40 CFR
Part 192. EPA-402-D-14-001
US EPA, August 1999. Understanding Variation in Partition Coefficient, Kd, Values. Volume 1: The Kd
Model, Methods of Measurement, and Application of Chemical Reaction Codes. EPA 402-R-99-004A.

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