DRC-2014-006568 - 0901a068804b5bbb

John Hultquist <[e-mail]>
DRC-2014-006568
Fwd: Request for information from UDEQ's Division of Radiation Control:
CERCLA Off-Site Rule (OSR) Determination for the White Mesa Mill
6 messages
Rusty Lundberg <[e-mail]> Tue, Jul 22, 2014 at 1:59 PM
To: Phil Goble <[e-mail]>, John Hultquist <[e-mail]>
Phil,
Can you please prepare the requested response and then let's call them to discuss before we send our email
response.
Thanks,
Rusty
Rusty Lundberg, Director
Utah Division of Radiation Control
Phone: [phone]
Fax: [phone]
[e-mail]
www.radiationcontrol.utah.gov
Forwarded message
From: Shanahan, Mike <[e-mail]>
Date: Tue, Jul 22, 2014 at 8:38 AM
Subject: Request for information from UDEQ's Division of Radiation Control: CERCLA Off-Site Rule (OSR)
Determination for the White Mesa Mill
To: "[e-mail]" <[e-mail]>
Cc: "Daly, Carl" <[e-mail]>, "Reynolds, Cynthia" <[e-mail]>, "Morlock, Nancy"
<[e-mail]>, "Brown, Terry" <[e-mail]>, "Pearson, Janice"
<[e-mail]>
Rusty,
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-RCRAfacilities 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 Radiation Control (DRC) regulates the Mill through a Radioactive Materials License
(License). The License has many conditions and requirements that the Mill must comply with. Please answer the
following questions:
• Are alternate feed materials stored, treated, and disposed of at units other than the Ore Pad,
the Ore Processing Mill, and the Tailing Cell Number Three?
• Are there any relevant violations at or affecting the unit or units receiving CERCLA waste?
Relevant violations include significant deviations from regulations, compliance order provisions, or permit
conditions designed to: ensure that CERCLA waste is destined for and delivered 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.
We understand that the Radioactive Materials License addresses groundwater monitoring for releases. Based on the
data we have reviewed, it appears that two releases to groundwater have occurred: the Nitrate release and the
Chloroform release. We are aware of a Stipulation and Consent Order (including the Corrective Action Plan (CAP) for
Nitrate). However, we understand that an NOV was issued on August 24,1999, regarding a Notice of Violation (NOV)
and a Groundwater Corrective Action Order for the Chloroform release. This NOV ordered the operator of the Mill 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)."
Through recent staff level discussions we learned that the Mill has submitted several CAPs for Chloroform that were
deemed inadequate by DRC. We were also told that DRC will now draft the CAP for Chloroform within two or three
months at which time a required public comment period, which is expected to last 30 to 45 days, will be offered
pursuant to state regulations. Please answer the following questions:
• In regard to the Nitrate contamination, is the release currently controlled by an enforceable
agreement for corrective action?
• In regard to the Chloroform contamination, is the release currently controlled by an
enforceable agreement for corrective action?
Your response is greatly appreciated. Thank you.
Mike
Mike Shanahan
Acting Director
Resource Conservation and Recovery Program
Mail Code 8P-R
Office of Partnerships and Regulatory Assistance
U.S. EPA Region 8
1595 Wynkoop
Denver, CO 80202
303-312-6121
Phillip Goble <[e-mail]> Tue, Aug 5, 2014 at 6:47 AM
To: [e-mail]
Cc: Rusty Lundberg <[e-mail]>, [e-mail], John Hultquist <[e-mail]>,
[e-mail], [e-mail], terry brown <[e-mail]>, [e-mail],
Daniel Hall <[e-mail]>
Mr. Shanahan,
Rusty Lundberg, the Director of the Utah Division of Radiation Control (DRC) asked that I respond to your e-mail.
In response to your questions in an e-mail dated July 22, 2014:
• Are alternate feed materials stored, treated, and disposed of at units other than the Ore Pad, the Ore
Processing Mill, and theTaiIing Cell Number Three?
Response: The only tailings cell at the White Mesa Mill that is receiving tailings right now, including from
alternate feeds, is Tailings Cell 4A. Tailings Cell 3 is currently only used for the disposal of in-situ leach (J5L)
material and mill trash, such as barrels and pallets. This is not expected to change because Tailings Cell 3 is
close to being full. Alternate feed material is stored either on the ore storage pad or in accordance with Part
I.D.11 of the Mill's Groundwater Discharge Permit (Permit). Part I.D.ll of the Permit allows the Mill to store
alternate feed material away from the ore storage pad in water-tight containers on a hardened surface (concrete
or asphalt). In addition to the ore storage pad, the Mill has constructed three concrete storage pads adjacent to
the alternate feed material circuit. The Permit can be found at the following link: http://www.
radiationcontrol.utah.gov/Uranium_Mills/IUC/groundwaterpmt/docs/2012/082412dischargepermit.PDF
• Are there any relevant violations at or affecting the unit or units receiving CERCLA waste?
I
Relevant violations include significant deviations from regulations, compliance order provisions, or permit
conditions designed to: ensure that CERCLA waste is destined for and delivered 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: No. There are no recent nor relevant violations at or affecting the unit or units receiving CERCLA
waste.
We understand that the Radioactive Materials License addresses groundwater monitoring for releases. Based on
the data we have reviewed, it appears that two releases to groundwater have occurred: the Nitrate release and
the Chloroform release. We are aware of a Stipulation and Consent Order (including the Corrective Action Plan
(CAP) for Nitrate). However, we understand that an NOV was issued on August 24, 1999, regarding a Notice of
Violation (NOV) and a Groundwater Corrective Action Order for the Chloroform release. This NOV ordered the
operator of the Mill 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)."
Note: The Mill's Ground Water Quality Discharge Permit addresses groundwater monitoring, not the facility's
Radioactive Material License. Regulatory oversight for both of these documents are done by the DRC.
Through recent staff level discussions we learned that the Mill has submitted several CAPs for Chloroform that
were deemed inadequate by DRC. We were also told that DRC will now draft the CAP for Chloroform within two
or three months at which time a required public comment period, which is expected to last 30 to 45 days, will be
offered pursuant to state regulations. Please answer the following questions:
• In regard to the Nitrate contamination, is the release currently controlled by an enforceable agreement for
corrective action?
Response: Yes. The Groundwater Nitrate Corrective Action Plan was formalized on December 12, 2012. You
can find the document at the following link: http://www.radiationcontrol.utah.gov/Uranium_Mills/IUC/
nitrate/docs/2012/Dec/Final%20Signed%20UGW12-04%2012-12-12.pdf. The method of remediation is pump
and treat. There are four pumping wells for the remediation of the nitrate plume. Pumping began in January
2013. The five chloroform pumping wells are also assisting in the remediation of the nitrate plume.
• In regard to the Chloroform contamination, is the release currently 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 ug/L
Other items of note: Both the chloroform and nitrate plumes are located upgradient/crossgradient of the
tailings cells. The plumes sources were not determined to be the tailings cells as the DRC has no evidence at this
time that the tailings cells are leaking. Therefore, any alternate feed material from a CERCLA site sent to White
Mesa will not contribute to the existing plumes. The remediation strategy for the draft Chloroform Corrective
Action Plan is the same as it is currently (pump & treat).
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
— Forwarded message
From: Shanahan, Mike <[e-mail]>
Date: Tue, Jul 22, 2014 at 8:38 AM
Subject: Request for information from UDEQ's Division of Radiation Control: CERCLA Off-Site Rule (OSR)
Determination for the White Mesa Mill
To: "[e-mail] <[e-mail]>
Cc: "Daly, Carl" <[e-mail]>, "Reynolds, Cynthia" <[e-mail]>, "Morlock, Nancy"
<[e-mail]>, "Brown, Terry" <[e-mail]>, "Pearson, Janice"
<[e-mail]>
Rusty,
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 Radiation Control (DRC) regulates the Mill through a Radioactive Materials
License (License). The License has many conditions and requirements that the Mill must comply with.
Please answer the following questions:
• Are alternate feed materials stored, treated, and disposed of at units other than the Ore
Pad, the Ore Processing Mill, and the Tailing Cell Number Three?
• Are there any relevant violations at or affecting the unit or units receiving CERCLA waste?
Relevant violations include significant deviations from regulations, compliance order provisions, or
permit conditions designed to: ensure that CERCLA waste is destined for and delivered 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.
We understand that the Radioactive Materials License addresses groundwater monitoring for releases. Based on
the data we have reviewed, it appears that two releases to groundwater have occurred: the Nitrate release and the
Chloroform release. We are aware of a Stipulation and Consent Order (including the Corrective Action Plan (CAP)
for Nitrate). However, we understand that an NOV was issued on August 24, 1999, regarding a Notice of Violation
(NOV) and a Groundwater Corrective Action Order for the Chloroform release. This NOV ordered the operator of the
Mill 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)."
Through recent staff level discussions we learned that the Mill has submitted several CAPs for Chloroform that were
deemed inadequate by DRC. We were also told that DRC will now draft the CAP for Chloroform within two or three
months at which time a required public comment period, which is expected to last 30 to 45 days, will be offered
pursuant to state regulations. Please answer the following questions.
• In regard to the Nitrate contamination, is the release currently controlled by an
enforceable agreement for corrective action?
• In regard to the Chloroform contamination, is the release currently controlled by an
enforceable agreement for corrective action?
Your response is greatly appreciated. Thank you.
Mike
Mike Shanahan
Acting Director
Resource Conservation and Recovery Program
Mail Code 8P-R
Office of Partnerships and Regulatory Assistance
U.S. EPA Region 8
1595Wynkoop
Denver, CO 80202
303-312-6121
Shanahan, Mike <[e-mail]> Tue, Aug 5, 2014 at 6:52 AM
To: Phillip Goble <[e-mail]>
Cc. "[e-mail]" <[e-mail]>, "Daly, Carl" <[e-mail]>, John Hultquist
<[e-mail]>, "Reynolds, Cynthia" <[e-mail]>, "Morlock, Nancy"
<[e-mail]>, "Brown, Terry" <[e-mail]>, "Pearson, Janice" <[e-mail]>,
Daniel Hall <[e-mail]>
Phil,
Thank you for your response. I see Nancy Morlock is on this email, so I will refer to her on this now since
I am now serving as the HRO forthe region.
Mike
Acting Human Resources Officer (HRO)
Mail Code 8-HR
Technical Management Service (TMS)
U.S. EPA Region 8
1595 Wynkoop
Denver, CO 80202
Office: 303-312-6121
BB: 303-917-0590
From: Phillip Goble [mailto:[e-mail]]
Sent: Tuesday, August 05, 2014 6:48 AM
To: Shanahan, Mike
Cc: [e-mail]; Daly, Carl; John Hultquist; Reynolds, Cynthia; Morlock, Nancy; Brown, Terry;
Pearson, Janice; Daniel Hall
Subject: Re: Request for information from UDEQ's Division of Radiation Control: CERCLA Off-Site Rule
(OSR) Determination forthe White Mesa Mill
[Quoted text hidden]
John Hultquist <[e-mail]> Tue, Aug 5, 2014 at 7:59 AM
To: David Frydenlund <[e-mail]>
David,
Wanted to share this with you, since Energy Fuels is the licensee.
[Quoted text hidden]
John Hultquist <[e-mail]> Tue, Aug 5, 2014 at 8:01 AM
To: Laura Lockhart <[e-mail]>
Laura,
Phil just sent this off, thought you might want to read and have for your records.
John
Forwarded message
From: Phillip Goble <[e-mail]>
Date: Tue, Aug 5, 2014 at 6:47 AM
Subject. Re: Request for information from UDEQ's Division of Radiation Control: CERCLA Off-Site Rule (OSR)
Determination for the White Mesa Mill
To: [e-mail]
Cc: Rusty Lundberg <rlundberg@utah gov>, [e-mail], John Hultquist <[e-mail]>,
[e-mail], [e-mail], terry brown <[e-mail]>,
[e-mail], Daniel Hall <[e-mail]>
[Quoted text hidden]
David Frydenlund <[e-mail]>
To: John Hultquist <[e-mail]>
Tue, Aug 5, 2014 at 8:05 AM
Thanks.
From: John Hultquist [mailto:[e-mail]]
Sent: Tuesday, August 05, 2014 8:00 AM
To: David Frydenlund
Subject: Fwd: Request for information from UDEQ's Division of Radiation Control: CERCLA Off-Site Rule (OSR)
Determination for the White Mesa Mill
David,
Wanted to share this with you, since Energy Fuels is the licensee.
Energy Fuels Resources (USA) Inc
David Frydenlund
Sr Vice President. General Counsel & Corp Secretary
t 303-389^130 | f 303-389-4125
225 Union Blvd , Suite 600
Lakewood, CO, US. 80228
http //www.energyfuels com
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[Quoted text hidden]