DRC-2023-004172 - 0901a068811f3186

DRC-2023-004172 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
M E M O R A N D U M

TO: Project File C-2023-30

THROUGH: Phil Goble, Uranium Mill Section Manager

FROM: Heather Mickelson, PE, PG
DATE: June 12, 2023

SUBJECT: May 5, 2023 Inspection of the Disposal of 11e.(2) Decommissioning Debris from In Situ
Leach Facilities at the White Mesa Uranium Mill. Radioactive Material License No. UT
1900479, Amendment 10.

Authority

Radioactive Materials License #UT1900479 Amendment 10, Condition 10.5: “In accordance with the
licensee's submittal to the NRC dated May 20, 1993, the licensee is hereby authorized to dispose of 11e.(2)
byproduct material generated at licensed in-situ recovery (ISR) [previously known as in-situ leach (ISL)]
facilities as per 10 CFR 40 Appendix A, Criterion 2 and from other uranium recovery facilities, subject to the
following conditions:” (Conditions are included below in the Requirements and Compliance
Determination section.)

R313-12-3 (quoting 10 CFR 40.4): “Byproduct Material means the tailings or wastes produced by the
extraction or concentration of uranium or thorium from any ore processed primarily for its source
material content, including discrete surface wastes resulting from uranium solution extraction
processes.”1

10 CFR Part 40 Appendix A, Criterion 2: “To avoid proliferation of small waste disposal sites and
thereby reduce perpetual surveillance obligations, byproduct material from in situ extraction operations,
such as residues from solution evaporation or contaminated control processes, and wastes from small
remote above ground extraction operations must be disposed of at existing large mill tailings disposal
sites; unless, considering the nature of the wastes, such as their volume and specific activity, and the

1 This definition amends the language given in Section 11e.(2) of the Atomic Energy Act as amended in 1954 to include ISL
facilities on the same footing as conventional uranium mills. This is done by referencing “solution extraction” in the
definition. Text of the Atomic Energy Act as amended in 1954 can be found in NUREG-0980, Volume 1, No. 10.
June 12, 2023
06/12/2023
Second Quarter 2023 ISL Decommissioning Debris Disposal Inspection Report
June 12, 2023
Page 2

costs and environmental impacts of transporting the wastes to a large disposal site, such offsite disposal
is demonstrated to be impracticable or the advantages of onsite burial clearly outweigh the benefits of
reducing the perpetual surveillance obligations.”

Observations

Heather Mickelson, PE, PG of the Utah Division of Waste Management and Radiation Control
(Division) observed the disposal of five (5) loads with six (6) Bills of Lading of 11e.(2) byproduct
material on May 5, 2023 at the White Mesa Uranium Mill. The mill is owned and operated by Energy
Fuels Resources (Licensee). The Division received three notices of the disposal electronically on April
12, 2023 (DRC-2023-003707), April 20, 2023 (DRC-2023-003862), and April 27, 2023 (DRC-2023-
003958) and by hardcopy on April 24, 2023, April 27, 2023, and May 2, 2023.

Operating Procedures and Records
The Standard Operating Procedure (SOP) PBL-10, dated August 4, 2021, governs the disposal of 11e.(2)
byproduct material from ISL facilities.

The Licensee maintains hard copies of the buried 11e.(2) material records onsite. Records are moved
from the White Mesa Mill’s office building to an onsite storage container within the restricted area when
file space inside the office building becomes limited.

Copies of the data packets for each load disposed during this inspection are attached to this report.

11e.(2) Byproduct Material Disposal Activities and Description
Prior to May 5, 2023, the disposal pit locations were determined, located by survey, and excavated. The
bottom of the excavations extended into the tailings sand. The 11e.(2) byproduct material was placed
near the burial pit for burial (Photos 1).

During the May 5, 2023 inspection, the Division observed the final disposal activities. The excavation
depth was surveyed (Photo 2). Once the 11e.(2) byproduct material was in the excavation, the top of the
material was surveyed (Photos 3 and 4). Clean cover was then placed over the 11e.(2) byproduct
material and then compacted to further minimize void spaces (Photos 5 and 6). The vertical extent of
the burial was below the top of the tailings and above the bottom liner.

The disposal activities were for: two (2) loads of 11e.(2) byproduct material from URI-Rosita in
Kingsville Texas, two (2) loads of 11e.(2) byproduct material from URI-Kingsvelle Dome in Kingsville
Texas, and two (2) loads from Strata Energy in Oshoto Wyoming. The material consisted of pipes,
trash, and metal.

Close Out Meeting
A preliminary inspection findings meeting was held on May 5, 2023 and observations made during the
inspection were discussed. This meeting included: Heather Mickelson, Dean Lyman, Tanner Holiday,
and Terry Slade. During this meeting, the Licensee committed to submitting requested information. It
was received on May 18, 2023 and the inspection was finalized on May 18, 2023.

Second Quarter 2023 ISL Decommissioning Debris Disposal Inspection Report
June 12, 2023
Page 3

Requirements and Compliance Determination

Radioactive Materials License #UT1900479, Condition 10.5B: “All ISR contaminated equipment shall
be dismantled, crushed, or sectioned to minimize void spaces. Barrels containing waste other than soil or
sludges shall be emptied into the disposal area and the barrels crushed. Barrels containing soil or sludges
shall be verified by the Licensee to be full prior to disposal. Barrels not completely full shall be filled with
tailings or soil prior to disposal. ”

The activities observed and information gathered during this inspection support the conclusion that the
Licensee is complying with this license condition. Barrels were crushed prior to being placed in the
tailings.

Radioactive Materials License #UT1900479, Condition 10.5C: “All ISR byproduct material shall be
buried in Impoundment No. 3 unless prior written approval is obtained from the Director for alternate burial
locations.”

The activities observed and information gathered during this inspection supports a conclusion that the
Licensee is complying with this license condition. All 11e.(2) byproduct material was buried in Tailings
Cell No. 3.

Radioactive Materials License #UT1900479, Condition 10.5D: “All disposal activities shall be
documented and records thereof maintained on-site. The documentation shall include all items required by
this License.”

The activities observed and information gathered during this inspection support the conclusion that the
Licensee is complying with this license condition. The Licensee maintains records of the 11e.(2)
byproduct material disposed of onsite. These records document the nature of each load of material
received, where it is buried, and how it was handled, including all measures taken to comply with all of
License Condition 10.5.

Radioactive Materials License #UT1900479, Condition 10.5E: “Disposal Requirements for 11e.(2)
byproduct material: the licensee shall perform byproduct material disposal activities in accordance with the
current Standard Operating Procedure (SOP) for 11e.(2) byproduct material disposal. Said plan includes the
following minimum provisions:

(1) The material disposal area must be located on a tailings beach area of the conventional
impoundment or on an area of the impoundment that is underlain by tailings sands;
(2) The elevation of the material disposal area will not exceed the plane or grade of the elevations of
the uppermost flexible membrane liner of the conventional impoundment;
(3) (Reserved)
(4) Absence of void space inside barrels disposed, including physical verification before disposal;
and
(5) Detailed engineering drawings which demonstrate:
a. There are at least 4 feet of tailings sands under the bottom of each disposal area; and
b. The bottom of each disposal area is located at least 12 feet from the sides or dikes of the
impoundment.”

The activities observed and information gathered during this inspection supports the conclusion that the
Licensee is complying with this license condition. The Licensee met the requirement to submit the
Second Quarter 2023 ISL Decommissioning Debris Disposal Inspection Report
June 12, 2023
Page 4

procedure with the initial version of SOP PBL-10, and now uses Revision R-3.5, dated August 4, 2021.
Revision R-3.5 addresses all of the items specified in License Condition 10.5. The original version and
every subsequent revision of this procedure were submitted to the Division for review and approval
prior to implementation.

Further, the Licensee is complying with the SOP, such as, minimizing void space, and placing the waste
in the tailing sands with at least four feet of sands below it and at least 12 feet from the side or dike of
the cell.

Radioactive Materials License #UT1900479, Condition 10.5F: “The Licensee shall notify the Director in
writing at least 7 calendar days prior to the proposed scheduled date for disposal of any 11e.(2) byproduct
material in the conventional impoundments.

An annual summary of the amounts of 11e.(2) byproduct material disposed of from off-site generators shall
be included in the Annual Technical Evaluation Report required in License Condition 12.2.”

The activities observed and information gathered during this inspection supports the conclusion that the
Licensee is complying with this license condition. The Division received three notices of the disposal
electronically on April 12, 2023, April 20, 2023, and April 27, 2023 and by hardcopy on April 24, 2023,
April 27, 2023, and May 2, 2023, which complies with the 7 days advance notice requirement.

The annual summary submittal will be evaluated by DWMRC separately from this inspection.

Conclusions and Recommendations
The Licensee appears fully compliant with applicable laws, standards, requirements, and license
conditions with respect to disposal of 11e.(2) byproduct material generated as decommissioning debris
from ISL uranium recovery facilities.

Attachments: 11e.(2) byproduct receipt notification dated April 12, 2023, April 20, 2023, and April 27,
2023 and by hardcopy on April 24, 2023, April 27, 2023, and May 2, 2023, respectively.
Document packet for URI-Rosita 11e.(2) byproduct material bearing Bill of Lading
#23ROS-001
Document packet for URI-Rosita 11e.(2) byproduct material bearing Bill of Lading
#23ROS-002
Document packet for URI-Kingsville Dome11e.(2) byproduct material bearing Bill of
Lading #23KVD-001
Document packet for URI-Kingsville Dome 11e.(2) byproduct material bearing Bill of
Lading #23KVD-002
Document packet for Strata Energy in Oshoto Wyoming 11e.(2) byproduct material
bearing Bill of Lading #23044 #1 and 23044 #2
Photo 1. 11e.(2) byproduct material to be buried. Photo taken on May 5,
2023.
Photo 2. Energy Fuels Resources surveying the bottom of the excavation pit.
Photo taken on May 5, 2023.
Photo 3. Energy Fuels Resources moving 11e.(2) byproduct material into the
excavation pit. Photo taken on May 5, 2023.
Photo 4. Energy Fuels Resources surveying the top of the excavation pit.
Photo taken on May 5, 2023.
Photo 5. Energy Fuels Resources placing fill over the 11e.(2) byproduct
material with a wheel loader and compacting with a bulldozer. Photo taken
on May 5, 2023.
Photo 6. Final compacted area of the 11e.(2) byproduct material burial
location. Photo taken on May 5, 2023.
April 12, 2023
VIA Electronic Mail (PDF) and UPS
Mr. Doug Hansen
C
APR 2 ~ 2G23
State of Utah Department of Environmental Quality
195 North 1950 West
PO Box 144880
Salt Lake City, UT 84114-4880
Dear Mr. Hansen
Re: 1 le.(2) Byproduct Receipt Notification
Energy Fuels Resources (USA) Inc.
6425 South Highway 191 , PO Box 809
Blanding, UT. US, 84511
435 678 2221, fax [phone]
www.energyfuels.com
Pursuant to Radioactive Materials License (RML) UTl 900479 condition 10.5.F, Energy Fuels Resources
(USA) Inc. is hereby notifying the Division of Waste Management and Radiation Control that the White
Mesa Uranium Mill will be receiving and disposing of 3 loads by May 3, 2023.
If there are any questions regarding these shipments or the scheduling of the disposal activities, feel free to
contact me at the White Mesa Mill at 435.678.4114.
Regards,
Garrin Palmer
cc: Denver Central Files
DRC-2023-003707
April 27, 2023
VIA Electronic Mail (PDF) and UPS
Mr. Doug Hansen
State of Utah Department of Environmental Quality
195 North 1950 West
PO Box 144880
Salt Lake City, UT 84114-4880
Dear Mr. Hansen
Re: 1 le.(2) Byproduct Receipt Notification
Energy Fuels Resources (USA) Inc.
6425 South Highway 191, PO Box 809
Blanding, UT. US, 84511
435 678 2221, fax [phone]
www.energyfuels.com
Pursuant to Radioactive Materials License (RML) UT1900479 condition 10.5.F, Energy Fuels Resources
(USA) Inc. is hereby notifying the Division of Waste Management and Radiation Control that the White
Mesa Uranium Mill will be receiving and disposing of 1 additional load by May 5, 2023.
Ifthere are any questions regarding these shipments or the scheduling of the disposal activities, feel free to
contact me at the White Mesa Mill at 435.678.4114.
Regards,
Garrin Palmer
cc: Denver Central Files
DRC-2023-003958
~£RGYFUELS
April 20, 2023
VIA Electronic Mail (PDF) and UPS
Mr. Doug Hansen
Div of'./'";
and
APR 7., 2 .?3
State of Utah Department of Environmental Quality
195 North 1950 West
PO Box 144880
Salt Lake City, UT 84114-4880
Dear Mr. Hansen
Re: l le.(2) Byproduct Receipt Notification
Energy Fuels Resources (USA) Inc.
6425 South Highway 191 , PO Box 809
Blanding, UT. US, 84511
435 678 2221 , fax [phone]
www.energyfuels.com
Pursuant to Radioactive Materials License (RML) UTI 900479 condition 10.5.F, Energy Fuels Resources
(USA) Inc. is hereby notifying the Division of Waste Management and Radiation Control that the White
Mesa Uranium Mill will be receiving and disposing of 1 additional load by May 5, 2023.
If there are any questions regarding these shipments or the scheduling of the disposal activities, feel free to
contact me at the White Mesa Mill at 435.678.4114.
Regards,
Garrin Palmer
cc: Denver Central Files
DRC-2023-003862