DRC-2013-003129 - 0901a068803bb951

OF
2
State of Utah
GARY R HERBERT
Governor
GREG BELL
-Lieutenant-Governor—
Department of
Envhorimental Quality
N Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
\
"DRC-2013-003129"
September 11,2013 > . , , ,
Jo Ann Tischler, Director, Compliance and Permitting
Energy Fuels Resources (USA) Inc.
225 Union Blvd., Suite 600
Lakewood, CO 80228
RE: Honeywell Yellowcake Project: Radioactive Material License (RML) UT1900479
Dear Ms. Jo Ann Tischler :
On October 17, 2012, Energy Fuels Resources (USA) Inc. (EFRI) met with the Division of
Radiation Control (DRC) to discuss potential projects. One project discussed at the meeting was
to receive and remove hardened yellowcake affixed to metal drum shards (hereafter yellowcake
material). On July 26, 2013, EFRI submitted a letter to the DRC requesting approval to accept the
yellowcake material for the purpose of "concentration and purification" and return the yellowcake
material to a useable form. The yellowcake material is from Honeywell, Inc located in Metropolis,
Illinois. EFRI proposed using a specific license to specific license transfer of licensed material
under 10 CFR 40.51 to allow the transfer of the yellowcake material from Honeywell to EFRI
which would not require an amendment to EFRI's Radioactive Material License (RML).
Although the DRC has not adopted the provisions of 10 CFR 40.51, the Utah Radiation Control
Rules allow for transfer of licensed materials between licensees as stated in R313-19-4 l(2)(d).
The DRC has evaluated the information provided by EFRI regarding this request. Based on the
evaluation of information provided, and the Nuclear Regulatory Commission's (NRC)
conclusions that milling processes may occur at locations other than a uranium mill and that
milling processes are not completed until the conversion process begins (SECY-02-0095), and
Utah Radiation Control Rules, DRC agrees that the yellowcake material is still in the milling
process and agrees that the yellowcake material from Honeywell can be transferred to EFRI under
the provisions in R313-19-41 (2)(d). Therefore, no amendment is necessary to EFRI's license for
the Honeywell yellowcake material. The following provisions apply to the DRC's concurrence for
the transfer of this particular yellowcake material from Honeywell, Inc. to EFRI:
• This concurrence for transfer of materials is exclusively for the Honeywell Inc. yellowcake
material described above and does not apply to other future projects;
• This concurrence is limited to the 4,850 drums of yellowcake material identified in the
August 6,2013, letter. Any additional drums will require Director approval; and
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City, UT 84114-4850
Telephone[phone] • Fax [phone]-TDD [phone]
www deq Utah gov
Pnnted on 100% recycled paper
Page 2
• The yellowcake produced from this project must be counted toward the yellowcake
production limits in EFRI RML License Condition 10.l.A.
The DRC will inspect compliance aspects of this project during future inspections at the White
Mesa Mill. If you have any questions please contact John Hultquist or Ryan Johnson, at 801-536-
4250.
Sincerely,
Rusty Lundberg
Director
RL:RJ/rj
Cc: Harold Roberts, Executive Vice President and Chief Operating Officer