DRC-2013-005682 - 0901a0688072bbb4

State of Utah
GARY R. HERBERT
Govemor
SPENCER J. COX
Lieutenant Governor
Department of
Environmental Quality
Amanda Smith
Execative Director
DIVISION OF RADTATION CONTROL
Rusty Lundbcrg
Dlrecror
November 7,2013
Jo Ann Tischler, Director, Compliance and Permitting
Energy Fuels Resources (USA) Inc.
225 Union Blvd., Suite 600
Lakewood, CO 80228
RE: License Condition 10.5: Radioactive Material License (RML) UT 1900479
Dear Ms. Jo Ann Tischler:
ln a letter dated September 23,2013, Energy Fuels Resources, Inc.'s (EFRI) inquired about
License Condition (LC) 10.5., requesting clarification regarding the word "source" as it is used in
Part A of LC 10.5. Specifically, EFRI requested if the word "source" is defined as a company or
if "source" may it be used as different locations that one company may own.
License Condition 10.5 was the result of a license amendment request dated May 20,1993, from
Umetco Minerals Corporation (Umetco) who was the former owner of the White Mesa Mill.
Umetco requested to receive 5,000 cubic yards of l1e.(2) material and dispose of it in the White
Mesa Mill's tailing cells. In a letter dated August 2,1993 (Docket No. 40-8681), the NRC
approved the amendment request as Amendment number 33 to the RML (now UT 1900479). In
that amendment the NRC approved 10,000 cubic yards of 11e.(2) material per year.
ln response to a petition from the State of Utah, the NRC amended License Condition 10.5 in
license amendment 37 on December 14,1994. In license amendment 37 License Condition 10.5
Part A. was changed to say "Disposal of waste is limited to 5,000 cubic yards from a single
source."
After DRC's review of the Umetco's initial request to take byproduct material dated May 20,1993,
the NRC's response to Umetco's request, and the NRC's response to the State of Utah's petition,
the DRC believes the word "source" as used in LC 10.5.A, means each separate site which
produces ISL waste that is owned by a company and does not encompass all sites owned by one
company. For example, if a company owns a site in Wyoming and a site in Texas, each of these
locations would be considered a separate source. DRC staff believes that NRC's reference to l0
CFR 40 Appendix A Criterion 2 supports the use of "source" in this license condition as refening
to separate sites owned by a company. The intent of the NRC was to consolidate multiple small
byproduct material sites into fewer large byproduct material sites, thus reducing the need to
195 Nordr 1950 West. Salt Lake Cry, UT
Mailing Address: P.O. Box 1,14850 . Salt Lake City, UT 841 l4-4850
Tefephone [phone]. Fax (801) 53J4097'T.D.D. (801) 5364414
www.deq.utah.gov
Printed on 1007o recycled paper
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manage multiple small byproduct material sites across the country
The DRC in the draft version of the renewal RML, License Condition 10.5A will be clarified by
stating "Disposal of 1le.(2) byproduct material is limited to 5,000 cubic yards per ISL facility."
The DRC will inspect compliance aspects of License Condition 10.5 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:RI/rj
Cc: Harold Roberts, Executive Vice President and Chief Operating Officer