DRC-2023-073604 - 0901a0688128f2e9

September 29, 2023
Div of Waste Management
and Radiation Control
OCT O 5 2023
Sent VIA E-MAIL AND EXPEDITED DELIVERY
Mr. Doug Hansen
Director
Division of Waste Management and Radiation Control
Utah Department of Environmental Quality
195 North 1950 West
Salt Lake City, UT 84116
Energy Fuels Resources (USA) Inc.
225 Union Blvd. Suite 600
Lakewood, CO, US, 80228
303 974 2140
www.energyfuels.com
Re: White Mesa Uranium Mill-Notice of Self-Identified Violation
Dear Mr. Hansen:
Pursuant to Utah Administrative Code R313-14-15, Energy Fuels Resources (USA) Inc.
("EFRI"), as operator of the White Mesa Mill (the "Mill"), is hereby providing written
documentation of a Self-Identified Violation ("SIV").
1. Summary of the Incident
a) The Mill 's Radioactive Materials License ("RML") Number UT] 900479, Section 9.6
requires that "Standard operating procedures (SOPs) shall be established and followed for
all operational and non-operational activities involving radioactive material."
b) The Mill 's Radiation Protection Manual is an SOP as contemplated by RML Section 9.6.
Section 1, part 1.4.3 of the Mill's Radiation Protection Manual ("RPM") requires that
"Sample preparation [of bioassay samples] will be done in an area decontaminated to less
than 25 dpm alpha (removable) per 100 cm2 prior to preparation of samples."
c) The Mill's RML, Section 11.1 requires that "The results of sampling, analyses, surveys
and monitoring, the results of calibration of equipment, reports on audits and inspections,
all meetings and training courses required by this license and any subsequent reviews,
investigations, and corrective actions, shall be documented. Unless otherwise specified in
the State of Utah regulations all such documentation shall be maintained for a period of at
least five (5) years."
d) The bioassay preparation areas at the Mill were scanned in 2022 as required by Section 1,
part 1.4.3 of the Mill's RPM and the scans were documented in accordance with Section
11.1 of the Mill's RML and maintained at least through April 2023.
DRC-2023-073604
Letter To Doug Hansen
September 29, 2023
Page 2 of3
e) The State of Utah Division of Waste Management and Radiation Control ("DWMRC")
reviewed the 2022 alpha scans of the bioassay preparation areas in April 2023. All
documentation was present at the time of the DWMRC inspection.
f) EFRI Corporate staff performed the Mill site visit for its annual calendar year ("cy") 2022
Mill ALARA Audit during the week of April 11, 2023, with the audit finalized in
September 2023. In connection with this ALARA Audit the Mill's Radiation Safety Officer
("RSO") noted that the 2022 alpha scan documentation for the bioassay preparation areas
was misplaced -likely misfiled after the April 2023 DWMRC inspection -thereby
identifying this non-compliance with Section 11.1 of the RML and the need to make this
SIV filing.
g) It is important to note that the alpha scans did not show any contamination or erroneous
results resulting from contamination per the DWMRC inspection and per the RSO periodic
reviews of the scans and data throughout cy 2022.
h) The SIV is the inability to evidence at this time that we have maintained the documentation
of the alpha scan records for five years as required by Section 11.1 of the RML because
the records have apparently been misplaced or lost.
2. Root Cause
The root cause of the missing cy 2022 documentation was likely misfiling of the documents after
the DWMRC inspection. This SIV is not a violation that could reasonably be expected to have
been prevented by the Mill's corrective action for a previous violation.
3. Steps Taken to Prevent a Recurrence
Upon noting the missing cy 2022 documentation, the RSO took control of the 2023 cy
documentation. The cy 2023 documentation was reviewed and noted as being complete. As noted
above, the ALARA Audit formally documented that the cy 2022 data had been misplaced or lost.
The ALARA Audit (finalized September 12, 2023) recommended scanning hardcopy records to
prevent recurrence. In lieu of scanning hardcopy records, the RSO has directed all Radiation Safety
Staff to record the alpha scans directly into a spreadsheet using a computer in the preparation
laboratory. Hardcopies of documentation will not be maintained. The spreadsheet and associated
data can be printed for inspection purposes and will eliminate the misfiling/loss of paper records.
EFRI is satisfied that the Mill has controls in place to ensure that scanned and digitally recorded
data will be adequately backed up and will not be lost, which will prevent recurrence.
4. Severity Level for the Incident
Based on the definitions of severity levels in Utah Administrative Code R313-14-10, EFRI
believes this incident is severity level V, defined as a minor safety or environmental concern. The
required scans were taken, documented and maintained at least through the April 2023 DWMRC
inspection in accordance with RML Section 9.6, RPM Section 1, part 1.4.3 and RML Section 1 I.I.
Letter To Doug Hansen
September 29, 2023
Page 3 of 3
The documentation of the scans provided definitive proof that there were no contamination
concerns related to bioassay results in 2022, as verified by the April 2023 DWMRC inspection.
Had there been a contamination concern and scan results had been higher than the allowable limit
specified in Regulatory Guide 8.31 , Radiation Safety Staff would not have proceeded with the
preparation of the bioassay samples. The area would have been decontaminated and the scan
process repeated prior to the preparation of samples. No critical, bioassay results would have been
impacted or contaminated prior to analysis. The misfiled or lost documents represent a document
retention issue, not a data or health and safety issue.
If you should have any questions regarding this notice, please contact me.
Yours very truly,
ENERGY FUELS RESOURCES (USA) INC.
Kathy Weinel
Director, Regulatory Compliance
CC David Frydenlund
Logan Shumway
Scott Bakken
Garrin Palmer
Tanner Holliday
Jordan App