DRC-2014-006567 - 0901a068804b59e9

DRC-2014-006567
John Hultquist <[e-mail]>
Fwd: Request for information from UDEQ's Division of Water Quality:
CERCLA Off-Site Rule (OSR) Determination for the White Mesa Mill
To: "Brown, Terry" <[e-mail]>
Cc: "Morlock, Nancy" <[e-mail]>, John Hultquist <[e-mail]>, Daniel Hall
<[e-mail]>, Rusty Lundberg <[e-mail]>, Walter Baker <[e-mail]>, Laura Lockhart
<[e-mail]>, Kimberiee Mcewan <[e-mail]>
I apologize for not replying to Mr. Shannahan's email earlier, but I was not aware until recently that Mr. Hall had
stated to the EPA that I would respond to the questions originally directed to the Utah Division of Water Quality
(DWQ). Please note that under Utah law the Director of the Division of Radiation Control (DRC) is granted
regulatory jurisdiction regarding groundwater protection for facilities that are subject to radioactive material
licensing in lieu of the Director of the DWQ. Therefore, our agency has been asked by DWQ to respond to your
questions. As you are aware, I responded to Mr. Shanahan's questions directed to the DRC on August 5, 2014.
Although I believe that the questions directed to the DWQ are very similar to the questions directed at DRC, I am
responding to each of the questions, as follows:
• Has the NOV/GCAP been ful ly resolved?
Response: No. The August 24, 1999 NOV will not be considered fully resolved until the Corrective Action Plan
for the Chloroform Plume is finalized. However, we believe the Chloroform Plume poses no immediate threat to
the public and is under control as we describe in detail below.
• Is the Mill currently in compliance with all UDEQ groundwater compliance standards?
Response: Yes, the Mill is in compliance with the requirements of their Groundwater Discharge Permit. When
there is an exceedance of a Permit Groundwater Compliance Limit (GWCL) for a constituent, the Mill is required to
perform sampling at a higher frequency. The Mill has appropriately followed the requirements of the Permit
when they have an exceedance of a GWCL.
include significant deviations from regulations, compliance order provisions, or permit conditions designed to: ensure that
CERCLA waste is destined for and de-livered to authorized facilities; prevent releases of hazardous waste, hazardous
constituents, or hazardous substances to the environment; ensure early detection of such releases; or compel corrective
action for releases.)
Response: There are no recent or relevant violations at or affecting the unit or units receiving, storing, and
disposing of CERCLA waste.
• Has the final Groundwater Correction Action Plan been completed?
Response: No. Although the approval of the Chloroform Corrective Action Plan is not yet final, remediation
(pump & treat) for the project began in April 2003. State of Utah Rule R317-6-6.15 requires a permittee (Energy
Fuels) to take corrective actions if they have contaminated groundwater. The Mill's Ground Water Permit also
requires them to do the same. Utah Rule R317-6-6.15 and both the Mill's Groundwater Permit and Quality
Assurance Plan (QAP) are enforceable agreements for corrective action. The public comment period for the
Chloroform Corrective Action Plan is expected to begin sometime next month.
Phillip Goble <[e-mail]> Mon, Aug 18, 2014 at 2:40 PM
Mr. Brown,
If any violation exists, is it significant enough to be considered a relevant violation? (Relevant violations
• Does DWQ consider the Chloroform release to be controlled by an enforceable agreement for corrective
action?
Response: Yes. Although the approval of the Chloroform Corrective Action Plan is not yet final, remediation
(pump & treat) for the project began in April 2003. State of Utah Rule R317-6-6.15 requires a permittee (Energy
Fuels) to take corrective actions if they have contaminated groundwater. The Mill's Ground Water Permit also
requires them to do the same. Utah Rule R317-6-6.15 and both the Mill's Groundwater Permit and Quality
Assurance Plan (QAP) are enforceable agreements for corrective action.
By letter in 2003, the DRC required that quarterly sampling of chloroform be conducted. In 2008, the DRC
formalized the sampling requirements for the chloroform investigation in Appendix A of the Mill QAP. The
Chloroform groundwater quarterly reports are required to include sampling results and an analysis of the plume
with recommendations if there has been a loss of chloroform containment. The remediation strategy (pump and
treat) has worked well as the groundwater pumping has shown a significant reduction in chloroform for certain
wells. Furthermore, when there is a plume excursion, the DRC has required additional wells be installed. There
are now 35 wells associated with the Chloroform plume with five of them being pumping wells. The chloroform
plume is currently bound on all sides as all chloroform wells adjacent to, but outside of, the plume show results
less than the Utah ground water quality standard of 70 pg/L.
Additional EPA Question From T.Brown email (dated 8/13/14) - In regard to the White Mesa Mill Chloroform
plume, we have discussed the status of the for required Groundwater Correction Action Plan.
• Could you please provide us with the status of the Groundwater Correction Action Plan?
Response: It is expected that the Chloroform Corrective Action plan will be exposed for public comment
sometime next month.
Hopefully, these responses have been helpful. If you have any further questions please feel free to email me back
or call me at [phone].
Sincerely,
Phil Goble
LLRW and Uranium Mill Compliance Section Manager
Utah Division of Radiation Control
On Wed, Aug 13, 2014 at 9:36 AM, Brown, Terry <[e-mail]> wrote:
i Hi Phil - Walter Baker had the Ground Water Section Manager, Daniel Hall respond to EPA questions
! regarding the White Mesa Mill. Mr. Hall replied that he had referred EPA questions to you. Could you
please answerourquestions in-bedded in the email from Mike Shanahan. Thanks.
-Terry Brown
303-312-6419
From: Shanahan, Mike
Sent: Thursday, July 31, 2014 5:04 PM
To: Morlock, Nancy; Brown, Terry
Cc: Pearson, Janice
Subject: Fw: Request for information from UDEQ's Division of Water Quality: CERCLA Off-Site Rule (OSR)
Determination forthe White Mesa Mill
EPA Region 8 has received a request for a CERCLA Off-Site Rule (OSR) Determination for the White Mesa Uranium
Mill (Mill) that is owned/operated by Energy Fuels. EPA responsibilities under the OSR are to determine if the
receiving facility satisfies the following two criteria:
1. Language addressing the compliance status for all facilities can be found at §300.440(b)(l) which states, "A
facility will be deemed in compliance for the purpose of this rule if there are no relevant violations at or affecting
the unit or units receiving CERCLA waste." The units that operators of the Mill are allowed to store, treat, or
dispose of CERCLA waste in, are the Ore Pad, the Ore Processing Mill, and the Tailing Cell Number Three.
2. Language addressing the release status for non-RCRA facilities can be found at §300.440(b)(2)(ii)(D) which
states "All other facilities. CERCLA wastes should not be transferred to any unit at another-than-RCRA subtitle C
facility if the EPA Regional Office has information indicating that an environmentally significant release of
hazardous substances has occurred at that facility, unless the release is controlled by an enforceable agreement
for corrective action under an applicable Federal or State authority. [Emphasis added]"
We understand that the Division of Water Quality (DWQ) regulates the Mill in regard to discharges of pollutants
into the waters of the State of Utah. On August 24,1999, the owner/operator of the White Mesa Mill was issued a
Notice of Violation and Groundwater Corrective Action Order (NOV/GCAP). This NOV/GCAP ordered the
owner/operator to "Submit within 30 days of Executive Secretary notification a plan and timetable for submittal,
implementation, and completion of a Groundwater Corrective Action Plan, pursuant to the Provisions of UAC
R317-6-6.15(D)."
Please answer the following questions regarding the NOV/GCAP:
Has the NOV/GCAP been fully resolved?
Is the Mill currently in compliance with all UDEQ groundwater compliance
standards?
• If any violation exists, is it significant enough to be considered a relevant
vi ol a ti on ? (Relevant violations include significant deviations from regulations, compliance order
provisions, or permit conditions designed to: ensure that CERCLA waste is destined for and de-
livered to authorized facilities; prevent releases of hazardous waste, hazardous constituents, or
hazardous substances to the environment; ensure early detection of such releases; or compel
corrective action for releases.)
Under the FINDINGS section of the NOV/GCAP, a groundwater sample collected from monitoring well MW-4 at the
White Mesa uranium mill shows a concentration of Chloroform of 4.7 milligrams per liter (mg/l). The Utah
groundwater quality standard is 0.10 mg/l. Please answer the following questions regarding this finding:
! • Has the final Groundwater Correction Action Plan been completed?
j • Does DWQ consider the Chloroform release to be controlled by an enforceable agreement for
! corrective action?
i Your response is greatly appreciated. Thank you.
j Mike
'• Mike Shanahan
j Acting Director
Resource Conservation and Recovery Program
, Mail Code 8P-R
Office of Partnerships and Regulatory Assistance
U.S. EPA Region 8
j 1595Wynkoop
j Denver, CO 80202
303-312-6121