DRC-2022-019702 - 0901a068810c585c

DRC-2022-019702 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone [phone] • Fax [phone] • T.D.D. [phone] www.deq.utah.gov Printed on 100% recycled paper
State of Utah
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
Department of Environmental Quality
Kimberly D. Shelley Executive Director DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Douglas J. Hansen
Director August 8, 2022
Sarah Fields, Program Director Uranium Watch P.O. Box 1306
Monticello, UT 84535 RE: Initial Response to Uranium Watch Letter Dated April 14, 2022 Dear Ms. Fields:
The Division of Waste Management and Radiation Control (Division) is writing to provide an initial response to your letter dated April 14, 2022 (Letter) regarding the White Mesa Uranium Mill (Mill). The Division appreciates your detailed comments and questions regarding Mill processes. The Division
is in the process of reviewing the questions brought up in the Letter in detail.
In the meantime, the Division would like to clarify that the matters addressed in the Letter do not relate to any open administrative action currently pending before the Division that is subject to an open public comment period. In those situations, the Department’s procedures provide an opportunity to take
comments into account in connection with a specific administrative action, including defined legal rights
and remedies. See Utah Code § 19-1-301.5. If your intent in submitting the Letter was to provide comments that relate to an open administrative action, please clarify the specific administrative action that relates to the Letter. As stated, the Division is not aware of any open administrative action and the Letter would therefore appear to be untimely.

That being said, the Division does have a longstanding allegation program to address third-party allegations. An allegation is different from public comments on a proposed agency action regarding permitting or licensing. An allegation is in the nature of enforcement, triggered by a third-party report that there exists some violation. While Utah does not have a citizen suit provision for alleged violations
of the law, the Division has historically followed substantially the same allegation program that the
Nuclear Regulatory Commission (NRC) follows. (Over)
Recently, the Division updated its website to describe the Division’s allegation program in more detail.
This website provides an Allegation Form that may be used to submit allegations with the option to submit anonymously: https://deq.utah.gov/waste-management-and-radiation-control/radiological-incidents-allegations
If your intent is for the Division to treat the Letter as an allegation, please provide clarification. The
allegation mechanism ensures that comments and questions received that are intended to be allegations are treated as such and investigated accordingly. The process for submitting allegations is described on the above-referenced website. We note that typically, allegations are treated confidentially. It appears to the Division that your intent is for the Division to treat the Letter as an allegation, but we desire to
make a clear record of your intent and the procedural context before addressing the merits of the Letter.
The Division does not consider this initial response letter to constitute an agency action because it does not address the merits of the issues raised in the Letter. Rather, this letter is the Division’s attempt to provide clarification on the submission process for letters received outside of an open administrative
action and to solicit clarification on your part.
If you have questions regarding this letter, please call Stevie Norcross at [phone] or by email at [e-mail].
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control DJH/SN/wa