DRC-2018-000577 - 0901a068807a3d5b

DRC-03
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
RE,NEWAL
Pursuant to the Utah Code Annotated, Title 19, Chapter 3 and R3l3 of the Utah Administrative
Code (Radiation Control Rules) and in reliance on statements and representations heretofore made
by the licensee designated below, a license is hereby issued authorizing such licensee to transfer,
receive, possess and use the radioactive material designated below; and to use such radioactive
material for the purpose(s) and at the place(s) designated below. This licensee is subject to all
applicable rules, and orders now or hereafter in effect and to any conditions specified below.
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LICENSEE ) 3. License Number UT1900479
) Amendment#8(Renewal)
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Resources (USA) Inc.
) 4. Expiration Date
2. Address 225Union ) January 19,2028
Boulevard, Suite 600
Lakewood, CO
80228
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6. Radioactive material 7. Chemical and/or 8. Maximum quantity
(element and mass number) physical form licensee may possess at
any one time
Natural Uranium, Any Unlimited
I le.(2) By-product
Material, Approved
Alternate Feed Material
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***
SECTIONg: ADMINISTRATIVECONDITIONS
g.l The authorizedplace of use shall be the licensee's White Mesa uranium milling facility,
located in San Juan County, Utah. The White Mesa uranium mill is located on fee land and
mill site claims, covering approximately 5,415 acres encompassing all or part of Sections
2I,22,27,28,29,32, and 33 of T37S, R22E, and Sections and 16 of T38S, R22E Salt Lake
Base and Meridian. [Applicable UDRC Amendment: 8 RenewalJ
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-03
Page 2 of 2l
License #UT1900479
Amendment #8
9.2 All written notices and reports to the Director required under this license, with the exception
of incident and event notifications under R3l3-15-1202 and R313-19-50 requiring telephone
notification, shall be addressed to the Director, Division of Waste Management and
Radiation Control, Utah Department of Environmental Quality, 195 North 1950 West, P.O.
Box 144880, Salt Lake City, UT 84114-4850. All written submittals to the Director shall
include, at the time of submittal, a searchable electronic copy, as required by R3l3-12-lll.
Incident and event notifications that require telephone notification shall be made to the
Director at [phone] during normal business hours or after hours to the DEQ Duty
Officer at [phone]. [Applicable UDRC Amendment: 8 RenewalJ
RESERVED [License Condition moved to SECTION l3: CLOSE OUT CONDITION]
A. The licensee may, without prior Director approval, and subject to the conditions
specified in Pan B of this condition:
(1) Make changes in the facility or process, as presented in the application.(2) Make changes in the procedures presented in the application.(3) Conduct tests or experiments not presented in the application.
B. The licensee shall file an application for an amendment to the license, unless the
following conditions are satisfi ed.
(1) The change, test or experiment does not conflict with any requirement
specifically stated in this license, or impair the licensee's ability to meet all
applicable regulations.(2) There is no degradation in the essential safety or environmental commitments
in the license application or provided by the approved reclamation plan.(3) The change, test or experiment is consistent with the conclusions of actions
analyzed in the most recent Environmental Assessment conducted by the
Division from the last license renewal and/or major license amendment.
C. The licensee's determinations concerning Part B of this condition shall be made by a
"Safety and Environmental Review Panel (SERP)." The SERP shall consist of a
minimum of three individuals. One member of the SERP shall have expertise in
management and shall be responsible for managerial and financial approval changes;
one member shall have expertise in operations and/or construction and shall have
responsibility for implementing any operational changes; and one member shall be
the Mill Radiation Safety Officer (RSO) or equivalent, with the responsibility of
assuring changes conform to radiation safety and environmental requirements.
Additional members may be included in the SERP as appropriate, to address
technical aspects such as health physics, groundwater hydrology, surface-water
9.3
9.4
9.5
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
hydrology, specific earth sciences, and other technical disciplines. Temporary
members or peffnanent members, other than the three above-specified individuals,
may be consultants.
D. The licensee shall maintain records of any changes made pursuant to this condition
until license termination. These records shall include written safety and
environmental evaluations, made by the SERP, that provide the basis for determining
that changes are in compliance with the requirements referred to in Part B of this
condition. The licensee shall furnish, in an annual report to the Director, a
description of such changes, tests or experiments, including a stunmary of the safety
and environmental evaluation of each. In addition, the licensee shall annually
submit to the Director changed pages to the Operations Plan and Reclamation Plan
of the approved license application to reflect changes made under this condition.
Annual reports shall address the previous calendar year and be submitted no later
than March 31 each vear.
The licensee's SERP shall function in accordance with the most current version of
the standard operating procedures submitted by letter to the Director dated February
27,2007. [Applicable UDRC Amendment 3J
[Applicable UDRC Amendment: 8 RenewalJ
The licensee shall, at all times, maintain a financial surety approved by the Director,
consistent with R3l3-24-4 (I0 CFR 40, Appendix A, Criteria 9 and 10, as incorporated by
reference), that is adequate to cover the estimated costs, accomplished by a third party, for
decommissioning and decontamination of the mill and mill site, reclamation of any tailings
or waste disposal areas, groundwater remediation as required by License Condition 10.2I,
and the long-term surveillance fee. The licensee is prohibited from use and/or operation of
any tailings disposal cell or related new pennanent fixture or facility not already accounted
for by the currently approved surety, without prior submittal and Director approval of
written evidence of adequate financial surety. Within 60 calendar days of Director approval
of a revised reclamation/decommissioning plan, the licensee shall submit written evidence
of an adequate surety regarding the newly approved plan.
Annual updates to the surety amount, required by R313-24-4 (10 CFR 40, Appendix A,
Criteria 9 and 10, as incorporated by reference), shall be submitted for Director approval by
March 4 of each year. Within 30 calendar days of Director approval of an annual update of
surety cost estimates, the licensee shall submit written evidence of adequate surety for
Director approval.
Along with each proposed revision or annual update, the licensee shall submit supporting
documentation showing a breakdown of the costs and the basis for the cost estimates with
adjustments for inflation, maintenance of a minimum 25 percent contingency fee, changes in
9.6
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
engineering plans, activities performed and any other conditions affecting estimated costs
for site closure. The basis for the cost estimate is the current Director-approved
reclamatiorVdecommissioning plan or Director-approved revisions to the plan and guidance
contained in NUREG-I620, "Standard Review Plan for the Review of a Reclamation Plan
for Mill Tailings Sites under Title II of the Uranium Mill Tailings Radiation Control Act of
1978;',
The currently approved surety instrument, a Performance Bond issued by Argonaut
Insurance Company in favor of the Director and the associated Standby Trust Agreement,
shall be continuously maintained by the licensee in an amount not less than the amount
currently approved by the Director pursuant to the requirements of R313-24-4 (10 CFR 40,
Appendix A, Criteria 9 and 10 as incorporated by reference).
On or before March 4,2018, the annual surety estimate shall also include all costs necessary
to remediate any groundwater contamination required by License Condition 10.21, after
facility closure, to be determined by the Director.
[Applicable UDRC Amendment: IJ[Applicable UDRC Amendment 3J
[Applicable UDRC Amendment: 8 RenewalJ
Standard operating procedures (SOPs) shall be established and followed for all operational
and non-operational activities involving radioactive material. Up-to-date copies of the SOPs
shall incorporate operating instructions and appropriate safety precautions for licensed
activities. SOPs shall be kept, maintained and made available to employees in the mill area
to which it applies. The wriuen SOPs established shall include activities of the radiation
safety and environmental monitoring programs, the employee training program, a respirator
protection program, operational procedures, analytical procedures, bioassay analyses and
instrument calibration.
At least annually, the uranium milling facility Radiation Safety Officer (RSO) shall review
and approve in writing all procedures to determine their continued applicability to the RML
license conditions, Utah rules and Federal regulations. Up-to-date copies of all operational
and non-operational SOPs shall be submitted electronically to the Director by December
31st of each year. [Applicable UDRC Amendment: I RenewalJ
In accordance with the Memorandum of Agreement (MOA) negotiated by the Utah State
Historic Preservation Officer (SHPO), the Advisory Council on Historic Preservation
(ACHP), the NRC and Energy Fuels Nuclear Inc. (EFN) and ratified on August 20,l97g
and as amended on May 3, 1983 and substantially as implemented in NRC License SUA-
1358 and before engaging in any activity not previously assessed by the Director, the
licensee shall administer a cultural resource inventory. All disturbances associated with the
proposed development will be completed in compliance with the National Historic
9.7
9.8
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
Preservation Act (as amended) and its implementing regulations, and the Archaeological
Resources Protection Act (as amended) and its implementing regulations.
In order to ensure that no unapproved disturbance of cultural resources occurs, any work
resulting in the discovery of previously unknown cultural artifacts shall cease. The artifacts
shall be inventoried and evaluated in accordance with the National Historic Preservation Act
(as amended). No disturbance shall occur until the licensee has received authorization from
the Director to proceed.
The licensee shall avoid by project design, where feasible, the archaeological sites
designated "contributing" in the report submitted by letter to the NRC dated July 28, 1988.
When it is not feasible to avoid a site designated "contributing" in the report, the licensee
shall institute a datarecovery program for that site based on the research design submitted
by letter from C. E. Baker of Energy Fuels Nuclear to Mr. Melvin T. Smith, Utah State
Historic Preservation Officer (SHPO), dated April 13, 1981.
The licensee shall recover, through archaeological excavation, all o'contributing" sites listed
in the report which are located in, or within 100 feet of, borrow areas, stockpile areas,
construction areas or the perimeter of the reclaimed tailings impoundment. Data recovery
fieldwork at each site meeting these criteria shall be completed prior to the start of any
project related disturbance within 100 feet of the site, but analysis and report preparation
need not be complete.
Additionally, the licensee shall conduct such testing as is required to enable the Director to
determine if those sites designated as "Undetermined" in the report and located within 100
feet of present or known future construction areas are of such significance to warrant their
redesignation as "contributing." In all cases, such testing shall be completed before any
aspect of the undertaking affects a site.
Archaeological contractors shall be approved in writing by the Utah SHPO. The Utah
SHPO will approve an archaeological contractor who meets the minimum standards of the
State of Utah as the principal investigator.
The licensee is hereby authorized to possess byproduct material in the form of uranium
waste tailings and other uranium byproduct waste generated by the licensee's milling
operations authorized by this license. Mill tailings shall not be transferred from the site
without specific prior approval of the Director in the form of a license amendment. The
licensee shall maintain a permanent record of all transfers made under the provisions of this
condition.
The licensee is hereby exempted lrom the requirements of R313-15-902(5) for areas within
the mill, provided that all entrances to the mill are conspicuously posted in accordance with
9.9
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
R313-15-902(5) and with the words, "Any area within this mill may contain radioactive
material."
9.10 Release of ore trucks and intermodal containers from the restricted area for restricted release
shall be in accordance with Department of Transportation standards set forth in 49 CFR
173.443 or 49 CFR 173.428, as amended. Release of equipment or packages from the
restricted area for unrestricted release shall be in accordance with Table 2 in the NRC
Regulatory Guide 8.30 Rev. I "Health Physics Surveys in Uranium Recovery Facilities"
dated May 2002, or NRC document "Guidelines for Decontamination of Facilities and
Equipment Prior to Release for Unrestricted Use or Termination of Licenses for Byproduct,
Source, or Special Nuclear Material," dated May 1987 or suitable alternative procedures
approved by the Director prior to any such release.
[Applicable UDRC Amendment: 8 RenewalJ
9.II Reserved [Applicable UDRC Amendment:8 RenewalJ
9.I2 The licensee shall, at all times, have a valid groundwater discharge permit issued by the Co-
Director. No transfer of this License will be approved unless the Ground Water Quality
Discharge Permit is also transferred.
[Applicable UDRC Amendment: 8 RenewalJ
9.I3 The licensee shall perform all decommissioning and reclamation activities in conformance
to the currently approved Reclamation Plan. [Applicable UDRC Amendment: 8 RenewalJ
SECTION 10: OPERATIONAL CONTROLS, LIMITS, AND RESTRICTIONS
10.1 A. The mill production rate shall not exceed 4380 tons of yellowcake per year.
B. The licensee may not dispose of any material on site that is not "byproduct material,"
as that term is defined in 42 U.S.C. Section 201a@)Q) (Atomic Energy Act of 1954,
Section 11(e)(2) as amended).
C. The licensee may not receive or process any altemate feed material without first
applying for and obtaining approval of a license amendment. For any such proposal,
the licensee shall demonstrate that it will comply with Condition 10.1(B). Any such
demonstration shall include:
Demonstration of compliance with the NRC Regulatory Summary 2000-23
Recent Changes to Uranium Recovery Policy, November 30, 2000; and
Demonstration of compliance with the November 22,1999 Protocol for
Determining Whether Altemate Feed Materials are Listed Hazardous Wastes,
(1)
(2)
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
as approved by the Division of Solid andHazardous Waste (now Division of
Waste Management and Radiation Control) December 7,1999.
D. Maximum quantities of feed material stored on the mill site, including altemate feed
materials or other ores, shall not exceed the total material storage quantity found in
the currently approved mill surety pursuant to License Condition 9.5, without prior
approval of the Director.
E. The licensee may not receive any alternate feed materials or other ores if those
materials would cause the facility to exceed the tailings cell disposal capacity
established by the currently approved tailing cells engineering design and
construction reclamation plan and/or the annual surety report required by License
Condition 9.5 without prior approval of the Director.
[Applicable UDRC Amendment: 2J [Applicable UDRC Amendment: 8 RenewalJ
10.2 All liquid effluents from mill process buildings, with the exception of sanitary wastes, shall
be returned to the mill circuit or discharged to the tailings impoundment.
10.3 Freeboard limits, stormwater and wastewater management for the tailings cells shall be
determined as follows:
A. The Freeboard limit for Cell I shall be set annually in accordance with the
procedures set out in Section 3.0 to Appendix E of the previously approved NRC
license application, including the January 10, 1990 Drainage Report. Discharge of
any surface water or wastewater from Cell 1 is expressly prohibited.
B. The freeboard limit for Cell48 shall be recalculated annually in accordance with the
procedures approved by the Director. Said calculations for freeboard limits shall be
submitted as part of the Annual Technical Evaluation Report (ATER), as described
in Condition 12.2 below.
C. The discharge of any surface water, stormwater or wastewater from Cells 3, 44, and
48 shall only be through a Director authorized spillway structure.
[Applicabte UDRC Amendment 3J [Applicable UDRC Amendment: 4J fApplicoble
UDRC Amendment: 8 RenewalJ
10.4 Disposal of material and equipment generated at the mill site shall be conducted as
described in the licensee's submittals to the NRC dated December 12,1994 andMay 23,
1995, with the following addition:
A. The maximum lift thickness for materials placed over tailings shall be less than four
feet thick. Subsequent lifts shall be less than two feet thick. Each lift shall be
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
compacted by tracking of heavy equipment, such as aCatD-6, at least four times
prior to placement of subsequent lifts.
10.5 In accordance with the licensee's submittal to the NRC dated May 20,1993, the licensee is
hereby authorized to dispose of byproduct material generated at licensed in-situ leach (ISL)
facilities, subject to the following conditions:
A. Disposal of ISL waste is limited to 5000 cubic yards from a single source.
B. All ISL 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.
C. All ISL waste shall be buried in Cell No. 3 unless prior written approval is obtained
from the Director for alternate burial locations.
All disposal activities shall be documented and records thereof maintained on-site.
The documentation shall include descriptions of the ISL waste and the disposal
locations, as well as all actions required by this license condition.
ISL Disposal Requirements. The licensee shall perform ISL disposal activities in
accordance with the currently Director approved Standard Operating Procedure
(SOP) for ISL disposal. Said plan includes the following minimum provisions:
(l) The material disposal area must be located on a tailings beach area of the
disposal cell or on an area of the cell that is underlain by tailings sands;(2) The elevation of the material disposal area shall not exceed the plane or grade
of the elevations of the uppermost flexible membrane liner of the tailings
cell;(3) Such ISL byproduct material shall be segregated from any mill material and
equipment disposed of in the cells pursuant to License Condition 10.4, and
the ISL byproduct material from each in-situ leach source shall be segregated
from the byproduct material from all other in-situ leach sources;(4) Absence of void space inside barels disposed, including physical verification
before disposal; and(5) Detailed engineering drawings which demonstrate:
a. There are at least four feet of tailings sands under the bottom of each
disposal area; and
D.
E.
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
b. The bottom of each disposal area is located at least 12 feet from the
sides or dikes of the tailings cell.
F. The licensee shall notiff the Director in writing at least seven calendar days prior to
the proposed scheduled date for disposal of any byproduct material generated at ISL
facilities in the tailinss cells.
An annual ,,r--ury"of the amounts of waste disposed of from off-site ISL
generators shall be sent to the Director on or before November I of each calendar
year.
fApplicable UDRC Amendment: 4J fApplicable UDRC Amendment: 8 RenewalJ
10.6 The licensee is authorizedto receive and process source materials from the Allied Signal
Corporation's Metropolis, Illinois, facility in accordance with the amendment request to the
NRC dated June 15. 1993.
10.7 The licensee is authorizedto receive and process source material from Allied Signal, Inc. of
Metropolis, Illinois, in accordance with the amendment request to the NRC dated September
20,1996 and amended by letters to the NRC dated October 30,1996 and November l l,
1996.
10.8 The licensee is authorizedto receive source material (the SFC Uraniup Material) from the
Sequoyah Fuels Corporation Facility located near Gore, Oklahoma in accordance with
statements, representations and commitments contained in the Amendment Request
submitted to the Director dated December 15,2011 and supplemented by submittals dated
August 30, 2013 and Octobe r 2I , 2013 . The total amount of material stored and processed
shall not exceed the following parameters:
(l) Altemate feed material stockpiled in bulk form shall not exceed 16,700 tons
gross weight (approximately 7,520 tons dry weight) without prior approval of
the Director; and
(2) The number of bags of the SFC Uranium Material stored on the ore storage
pad shall not exceed 17,250 SuperSacs, without prior approval of the
Director. The weight of any SuperSac contain the SFC Uranium Material
shall not exceed approximately 2,200 pounds.
The following specific provisions apply to off-loading and on-site storage of the SFC
Uranium Material: (1) SuperSacs of the SFC Uranium Material stored (stockpiled) at the
Mill Site shall be covered with a minimum six-inch thick layer of soil to provide resistance
to damage of the fabric bags containing the SFC Uranium Material by ultraviolet (UV)
radiation and provide shielding of the gamma radiation field emanating from the bagged
material. To the extent any SuperSacs are damaged or leaking, such SuperSacs shall be kept
in a moist condition by daily water sprays until such time as they are covered with soil; (2)
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
Such soil cover shall be applied over SuperSacs within three days following placement of
the SuperSacs on the ore storage pad; (3) Soil cover shall be monitored daily for apparent
dusting and will be sprayed with water when the cover soil, or the ore pad conditions in
general, indicate the potential for dust generation; (4) If at any time, visible dust is observed
to be originating from SFC Uranium Material stored on site or from the cover placed over
this material, the EFRI RSO or his or her authorized representative shall take actions within
30 minutes to stop the generation of visible dust; and (5) All offloading of SuperSacs onto
the storage pad shall cease when wind speeds exceed 20 mph, unless such Super Sacs are
not damaged or leaking upon arrival and during offloading.
[Applicable UDWMRC Amendment: 8 RenewalJ
10.9 The licensee is authorizeldto receive and process sotuce material from Cabot Performance
Materials' facility near Boyertown, Pennsylvani4 in accordance with the amendment
request to the NRC dated April 3, 1997, as amended by submittals to the NRC dated May
19, 1997 and August6, 1997.
[Applicable NRC Amendments: 4J
10.10 DELETED by DWMRC Reserved [Applicable I]DWMRC Amendment:8 RenewalJ
10.11 The licensee is authorizedto receive and process source material from Cameco
Corporation's Blind River and Port Hope facilities, located in Ontario, Canada, in
accordance with the amendment request to the NRC dated June 4, 1998 and by the
submittals to the NRC dated September 14,1998, September 16, 1998, September 25,lg9g,
October 7, 1998 and October 8, 1998.
However, the licensee is not authorized to receive or process from these facilities, the
crushed carbon anodes identified in these submittals, either as a separate material or mixed
in with material already approved for receipt or processing.
10.12 DELETED by DWMRC Reserved [Applicable UDWMRC Amendment: 8 RenewalJ
10. 13 DELETED by DWMRC Resewed[Applicable UDWMRC Amendment: 8 RenewalJ
10.14 DELETED by DWMRC Reserved [Applicable UDWMRC Amendment:8 RenewalJ
10.15 DELETED by DWMRC Reserved [Applicable UDWMRC Amendment: 8 RenewolJ
10.16 DELETED by DWMRC Reserved [Applicable UDWMRC Amendment: 8 RenewalJ
10.17 The licensee is authorizedto receive and process source material from the Molycorp site
located in Mountain Pass, Califomia, in accordance with statements, representations and
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
commitments contained in the amendment request to the NRC dated December 19,2000,
and supplemental information in letters dated January 29,200I, February 2,200I, March
20, 200I, August | 5, 200I, October 17, 200I and November 1 6, 2001 .
[Appticable NRC Amendment: 20J [Applicable UDWMRC Amendment: 8 RenewalJ
10.18 DELETED by DWMRC Reserved [Applicable UDWMRC Amendment: 8 RenewalJ
10.19 The licensee is authorizedto receive and process source material from Ponds 2 and 3 of the
FMRI's Muskogee Facility located in Muskogee, Oklahoma, in accordance with statements,
representations and commitments contained in the amendment requests and submittals to the
Director dated March 7,2005, June22,2005 and April 28, 2006.
[Applicable UDRC Amendment: 2J
10.20 The licensee is authorized to receive and process source material from Dawn Mining
Company's Midnite Mine site in Wellpinit, Washington in accordance with statements,
representations and commitments contained in the Amendment Request submitted to the
Director, Division of Radiation Control (Director) dated Apr1127,201 1 and submittals to the
Director dated December 5,20l2,June 14, 2013 August7,2013. The licensee is authorized
to receive no more than 1,000 tons per year and a total limit of 4,500 tons (dry weight)
under this license condition without prior approval from the Director.
A. (1) Unless contained within a closed SuperSac or other container that is not
damaged or leaking, Dawn Mining Uranium Material stored (stockpiled) at the Mill
Site longer thanl4 days shall be covered with a durable geomembrane cover resistant
to damage by ultraviolet (UV) radiation and sufficient ballast shall be placed over
the cover to prevent wind uplift of the cover during peak wind conditions at the site;
and
(2)lf atany time, visible dust is observed to be originating from Uranium Material
stored on site, the EFRI RSO or his or her authorized representative shall take
actions within 30 minutes to stop the generation of visible dust.
[Applicable UDRC Amendment: 7J
10.21 The licensee shall remediate, in accordance with applicable rules, any groundwater
contamination found at or near the White Mesa facitity in a manner and schedule approved
by the Director. Any wastewater or contaminated groundwater generated, recovered or
pioduced by a remediation process or activity at the White Mesa facility shall be 1le.(2)
typroduct material. As of May 1,2017, groundwater contaminants that require remediation
ui o, n"ur the site include, but are not limited to: chloroform, carbon tetrachloride,
dichloromethane, chloromethane and nitrate.
[Applicable UDWMRC Amendment: 8 RenewalJ
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DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
SECTION 11: MONITORING, RECORDING, AND BOOKKEEPING REQUIREMENTS
1 I .l 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 Utah's radiation control rules, all such
documentation shall be maintained for a period of at least five years.
ll.2 The licensee shall implement an effluent and environmental monitoring program as
described in Sections 2 through 7 of the NRC Regulatory Guide 4.14 Radiological Effluent
and Environmental Monitoring at (Jranium Mills andas revised with the following
modifications, additions and exceptions:
A. Stack sampling shall include a determination of flow rate.
B. Surface water samples shall also be analyzed semiannually for total and dissolved
U-nat, Ra-226 and Th-230, with the exception of the Westwater Creek, which shall
be sampled annually for water or sediments and analyzed as above. A sediment
sample shall not be taken in place of a water sample unless a water sample was not
available.
C. Groundwater sampling shall be conducted in accordance with the requirements in the
current utah Ground water Discharge permit No. UGW370004.
D. With the exception of groundwater sampling, the licensee shall utilize lower limits of
detection in accordance with Section 5 of the NRC Regulatory Guide 4.14, as
amended, for analysis of effluent and environmental samples.
E. The inspections performed semiannually of the critical orifice assembly committed
to in the submittal to the NRC dated March 15, 1986 shall be documented. The
critical orifice assembly shall be calibrated at least every two years against a positive
displacement Roots meter to obtain the required calibration curve.
[Applicable UDRC Amendment 3J [Applicable UDWMRC Amendment: 8 RenewalJ
I 1.3 The licensee shall implement a monitoring program of the leak detection systems for
disposal Cells 44 and 48 in accordance with requirements of the Permit. The licensee shall
also implement an operation, maintenance and monitoring program of the leak detection
systems for disposal Cells 1,2, and 3 as follows:
A. The licensee shall maintain all leak detection system piping, including any access
pipes, open, fully functional and free of soil, debris or detritus. All access pipes shall
be capped to prevent inflow of rainwater, soil, debris or detritus when not in use for
DRC-03
Page 13 of2l
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
monitoring or pumping. The licensee shall conduct annual video logs of said access
pipes to demonstrate the physical condition of the system. In the event that the
licensee determines any access pipe is blocked, partially blocked or otherwise not
fully functional, the licensee shall: 1) remove all blockages within 14 calendar days
of discovery, and 2) submit a written report for Director approval within 30 calendar' days ofdiscovery.
B. Leak Detection System. The licensee shall measure and record the inches of water
pressure head on the pump transducer in each of the tailings disposal cell leak
detection system standpipes on a weekly basis in a manner approved by the Director.
The transducer and pump shall be placed as low as reasonably practical in the
standpipe as approved by the Director. The system shall be set such that the alarm
will be triggered when the transducer senses a pressure of trvo inches of water head
or greater and the pump will turn on when the transducer senses a water head
pressure on the transducer at or above the level for the cell specified in the following
table:
Cell Water Head Pressure on Transducer
Cell I 12 inches
CelI2 18 inches
Cell3 12 inches
If fluid is present in the leak detection system (LDS) of any cell above the water
head pressure on the transducer specified in the table set out in License Condition
11.38, the licensee shall:
1. Pump the fluid from the LDS immediately upon discovery to a water head
pressure on the transducer at or below the level for the cell specified in the table
set out in License Condition 1 1.3B.
2. Immediately commence and continue daily monitoring of LDS water head
pressure on the transducer, and volumes removed, until otherwise approved by
the Director.
3. Maintain the water head pressure on the transducer at or below the level for the
cell specified in the table set out in License Condition 1 1.3(B).
4. Retum any LDS fluid pumped to an approved disposal cell.
C.
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-03
Page 14 of 2l
License #AIJ299f9
Amendment #8
D.If fluid is pumped from a LDS, the licensee shall calculate the flow rate either by a
flow meter or by dividing the recorded volume of fluid recovered by the elapsed
time since fluid was last pumped or increases in the LDS fluid levels were recorded,
whichever is the more recent. The licensee shall document the results of this
calculation.
If the flow rate calculated under License Condition I1.3(D) is greater than zero for
30 continuous calendar days, but does not exceed one gallon per minute, the licensee
shall, unless it determines the root cause of the failure through other means, reduce
the solution level in the Cell by up to 12 inches elevation to determine whether or
not the reduction in solution elevation materially reduces the flow rate. If the flow
rate is materially reduced, this will be considered to indicate that one or more liner
repairs are required above the reduced elevation level, where exposure to wave
action and the elements are most likely to have impacted the liner. If any such
repairs are required, the licensee shall submit a plan and schedule for Director
approval for an investigation of the liner above such reduced solution level and for
completion of such repairs.
If the licensee is unable to determine the root cause of the leak after following the
steps described in this license condition, the licensee shall meet with the Director to
determine whether or not any further actions are warranted and practicable in the
circumstances.
Either of the following events shall constitute a violation of this License: 1) Failure
to maintain the LDS fluid level elevation pursuant to License Condition 11.3(C)(1),
above, and such failure is not rectified within two days after discovery; or 2) the
flow rate calculated under License Condition 11.3(D) is equal to or greater than one
gallon per minute. Immediately upon determination of such an event, the licensee
shall:
Evaluate the root cause of the event and take appropriate and timely actions
to mitigate the event and any consequent potential impacts;
Continue to measure and record LDS water head pressure on the transducer
and removed volume measurements daily until otherwise approved by the
Director; and
Notify the Director by telephone within 48 hours, in accordance with License
condition 9.2 and submit a written report, for Director approval, within 30
calendar days of said telephone notice, in accordance with License Condition
9.2. The written report shall include a description of the mitigative action(s)
taken and a discussion of the mitigative action results. In the event that
E.
F.
(1)
(2)
(3)
DRC-03
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DIVISION OF' RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
mitigative actions have yet to be taken, the written report shall include a
dctailed work plan and schedule.
G. In addition to the reporting required in License Condition I1.3(A), (B), (C), and (D),
all sampling, analysis and evaluation of LDS fluids shall be documented and all records
retained onsite until license termination for Director inspection.
[Applicable UDRC Amendment 3J [Applicable UDRC Amendment: 4J
fApplicable UDWMRC Amendment: I RenewaU
lI.4 Annually, the licensee shall collect, during mill operations, a set of air samples covering
eight hours of sampling at a high collection flow rate (i;e., greater than or equal to 40 liters
per minute), in routinely or frequently occupied areas of the mill. These samples shall be
analyzed for gross alpha. In addition, with each change in mill feed material or at least
annually, the licensee shall analyze the mill feed or production product for U-nat, Th-230,
Ra-226 and Pb-210 and use the analysis results to assess the fundamental constituent
composition of air sample particulates.
[Applicable NRC Amendrnent: 7J
1 1.5 Calibration of in-plant air and radiation monitoring equipment shall be performed as
specified in the license renewal application, under Section 3.0 of the "Radiation Protection
Procedures Manual," with the exception that in-plant air sampling equipment shall be
calibrated at least quarterly and air sampling equipment checks shall be documented.
1 1.6 The licensee shall perform an annual ALARA audit of the radiation safety program in
accordance with the NRC Regulatory Guide 8.31.
11.7 Settlement Monitoring Standard Operating Procedure. The licensee shall perform
settlement monitoring for vertical settlement in the tailings management cell area in
accordance with the currently Director approved Settlement Monitoring Standard Operating
Procedure (SOP). The licensee shall document settlement monitoring data and compare
such data to previous data to track potential settlement. All data collected by the licensee
for these pu{poses shall be included in an annual report to be submitted to the Director,
pursuant to License Condition 12.2. Sard SOP includes the following minimum provisions:
A. Require that settlement monitors (e.g., settlement stands) be promptly installed
following placement of temporary cover over placed tailings;
B. Require installation of one or more representative settlement monitoring stand(s)
above each ISL source disposal areathathas been closed to further disposal pursuant
to License Condition 10.5.A. There shall be at least one settlement monitoring stand
for each ISL source disposal area, estimated to be about 22,500 square feet.
Installation of said settlement monitoring stand and initial elevation survey shall be
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-03
Page 16 of 21
License #UT1900479
Amendment #8
E.
C.
D.
G.
H.
completed by the Licensee within 30 calendar days of completion of each ISL source
disposal area;
Indicate that the licensee will utilize settlement monitoring devices and methods that
are resistant to shifting in their positions as a result of such forces as frost heave,
erosion, burrowing animals or other environmental factors;
Include provisions to prevent man-caused damage to settlement monitoring devices,
including, but not limited to, vehicle and construction traffic damage. Such
measures shall include: 1) all equipment, procedures and provisions needed to
protect said settlement monitoring devices, 2) schedules for rapid verbal and written
reporting of any such damage, and 3) corrective actions taken or to be taken by the
licensee to replace and./or repair said devices;
Indicate that settlement monitors will be:
(1) Initially surveyed by a Utah Licensed Professional Land Surveyor within 30
calendar days of installation;(2) Surveyed monthly; and(3) Surveyed annually by a Utah Licensed Land Surveyor. Review of the data
and an analysis shall be performed and certified by a Utah Licensed
Professional Engineer and submitted annually as part of the ATER required
by License Condition 12.2;
Include procedures requiring that such settlement monitors be placed, surveyed,
mapped and maintained; that corrective action and maintenance activities be
performed to maintain existing monitoring devices in a reliable, good working
condition as needed; that the addition, surveying and mapping of new settlement
monitoring devices installed be documented; and that records be made of
observations of site conditions as they relate to the conditions at and in the vicinity
of the installed monitoring devices;
Provide quantitative performance criteria and describe how such criteria will be used
to evaluate vertical movement;
Indicate that any settlement monitoring device that is irreparably damaged as a result
of environmental stresses or through man-caused contact including, but not limited
to, cell construction or other operational equipment, shall be promptly replaced with
an identical or equivalent monitoring device; and provisions provided to guide the
interpretation of data from both the former and the replacement device;
F.
DRC-03
Page 17 of2l
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UTt900479
Amendment #8
I. Indicate that where survey evidence suggests that significant apparent movement in a
settlement monitor has occurred, in excess of the approved performance criteria, that
the departure(s) will be investigated and explained, and errors corrected and resolved
in a timely manner, subject to Director approval;
J. Indicate that photographs shall be taken of the monitoring areas at least annually to
document site and device conditions. Additionally, the SOP shall indicate that
photographs shall be taken following any instances of unusually severe weather or
incidents involving equipment if they result in physical damage or disturbance to any
settlement monitoring device, or significant changes to the ground surface areas
adjacent to or surrounding a settlement or displacement monitoring device;
K. Include a list of records that will be prepared for documenting settlement data for
each sefflement monitoring device and related site observations and activities; and
L. Indicate that results and records of settlement monitoring shall be submitted annually
as part of the ATER required by License Condition 12.2.
[Applicable UDRC Amendment: 4J
1 1.8 Movement (Displacement) Monitoring Standard Operating Procedure. The licensee shall
perform monitoring for potential vertical and horizontal movements in the constructed dike
portions of the tailings management cells in accordance with the curently Director
approved Movement Monitoring Standard Operating Procedure (SOP). The licensee shall
document displacement monitoring data and compare such data to previous data to track
potential movement (displacement). All data collected by the licensee for these purposes
shall be included in an annual report to be submitted to the Director, pursuant to License
Condition I2.2. Said SOP includes the following minimum provisions:
A. Require that movement monuments be promptly installed following completion of
construction of cell dikes:
B. Indicate that the licensee will utilize movement monuments and monitoring methods
that are resistant to shifting in their positions as a result of such forces as frost heave,
erosion, burrowing animals or other environmental factors;
C. Include an obligation for the licensee to prevent man-caused damage to movement
monuments including, but not limited to, vehicle and construction traffic damage.
Such measures shall include: 1) all equipment, procedures, provisions need to protect
said settlement monitoring devices, 2) schedules for rapid verbal and written
reporting of any such damage, and 3) corrective actions taken or to be taken by the
licensee to replace and/or repair said devices;
DRC.O3
Page l8 of21
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
D. Indicate that movement monuments will be:
(1) Initially surveyed by a Utah Licensed Land Surveyor within 30 calendar days
of installation;
(2) Surveyed semi-annually for the first three years following installation by a
Utah Licensed Land Surveyor.(3) Surveyed annually after the first three years by a Utah Licensed Land
Surveyor(4) Subjected to accelerated monitoring conducted under certain circumstances,
at a frequency and in a manner approved by the Director; and
(5) Reviewed annually by a Utah Licensed Professional Engineer, who shall
perform and certifu an analysis of all survey data. This analysis shall be
submitted pursuant to License Condition 12.2;
E. Include procedures requiring that such movement monuments be placed, surveyed,
mapped and maintained; that corrective action and maintenance activities be
performed to maintain existing movement monuments in a reliable, good working
condition as needed; that the addition, surveying and mapping of new movement
monuments installed be documented; and that records be made of observations of
site conditions as they relate to the conditions at and in the vicinity of the installed
monuments:
F. Provide quantitative performance criteria and describe how such criteria will be used
to evaluate movements (displacements);
G. Indicate that any movement monument that is ineparably damaged as a result of
environmental stresses or through man-caused contact including, but not limited to,
cell construction or other operational equipment, shall be promptly replaced with an
identical or equivalent movement monument; and provisions provided to guide the
interpretation of data from both the former and the replacement device;
H. Include a list of records that will be prepared for documenting movement
(displacement) data for each movement monument and related site observations and
activities: and
I. Indicate that results and records of movements (displacements) shall be submitted
annually as part of the ATER required by License Condition 12.2.
[Applicable UDRC Amendment: 4J
SECTION 12: REPORTING REQUIREMENTS
l2.l The licensee shall submit a detailed decommissioning plan to the Director at least 12
months prior to planned final shutdown of mill operations that includes a detailed Quality
DRC-03
Page 19 of2l
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
Assurance Plan. The plan will be in accordance with NRC Regulatory Guide 4.15,
"Quality Assurance for Radiological Monitoring Programs" and NUREG-I175, "Multi-
Agency Radiation Survey and Site Investigation Manual (MARSSIM)" or equivalent most
current guidance.
[Applicable NRC Amendment: 13J [Applicable UDRC Amendment: lJ
[Applicable UDRC Amendment: 2J
I2.2 Annual Technical Evaluation Report (ATER). The licensee shall submit an ATER for
Director_approval no later than December l, of each year to coincide with the annual
freeboard calculation date of November I of each year when using the new Freeboard
Calculation Method, as described in the letter from David A. Rupp of the Division of
Radiation Control to David C. Frydenlund of Denison Mines (USA) Cotp, dated April29,
2010. Each ATER shall incorporate all documents and attachments, including applicable
updates to previously submitted documents with attachments that support information
presented in the ATER, including, but not limited to maps, drawings, tables and figures.
The licensee shall include, as part of the ATER, results of tailings cell temporary cover
settlement and dike displacement monitoring activities. The content of the tailings cell
temporary cover settlement and displacement monitoring program related information
shall include those records required under the Settlement Monitoring and Movement
Monitoring SOPs (License Conditions I 1.7 and I 1.8) as approved by the Director.
[Applicable UDRC Amendment: 4J
I2.3 The licensee shall conduct a survey of land use (private residences, grazing areas, private
and public potable water and agricultural wells, non-residential structures and uses and
assess population growth or industry growth) in the area within five kilometers radius
once every two years of the White Mesa Uranium Mill facility property boundaries and
submit a report of this survey to the Director. The report shall be submitted on or before
June 30 on even numbered years. This report shall indicate any differences in land use
from that described in the last report including the following: l) providing references
and/or a description of methods utilized to obtain information included in the report;2)
listing all water wells, owners, approved use and contact information within the specified
search radius; and 3) including information on an updated land use map to be included
with the report. [Applicable UDWMRC Amendment: 8 RenewalJ
SECTION 13: CLOSEOUT CONDITIONS
Except as specifically provided otherwise by this license, the licensee shall conduct
operations in accordance with the statements, representations and procedures contained in
the documents, including any enclosures, listed below. Whenever the word "will" is used in
the documents referenced below, it shall denote a requirement. The Utah Radiation Control
Rules shall govern unless the statements, representations and procedures in the licensee's
application and correspondence are more restrictive than the rules.*
t3. r
DRC-03
Page 20 of 2l
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
License #UT1900479
Amendment #8
A. Licensee's Standby Trust Agreement, as amended;B. Licensee's letter to the NRC dated August 23,1991(including the license renewal
application);C. Licensee's revision submitted to NRC January 13,1992;D. Licensee's revision submitted to NRC Aprll7, 1992;E. Licensee's revision submitted to NRC November 22,1994;F. Licensee's revision submitted to NRC July 27, 1995;G. Licensee's revision submitted to NRC December 13,1996;H. Licensee's revision submitted to NRC December 31,1996:I. Licensee's revision submitted to NRC January 30,1997.J. Licensee's letter dated May 25,2012 (Trarrsfer of Control)K. Licensee's letter dated Jwte27,2012 (Transfer of Control)L. Director' s Letter dated lune 27 , 2012 (Trarrsfer of Control Approval)M. Licensee's letter dated August 3,2012 (Name Change)N. Electronic Mail from David Frydenlund dated August 15,2012 (Change Mailing
Address)O. Electronic Emails from David Frydenlund dated October 22 and23,2013P. Licensee's letter dated December 13,2013 (Performance Bond)
a. Director's letter dated December 20,2013R. Licensee's letter dated Aprll27,201 I (Dawn Mining Alt feed)S. Licensee's letter dated December 5,2012 (Dawn Mining Alt feed)T. Licensee's letter dated June 14, 2013 (Dawn Mining Alt feed)U. Licensee's letter dated August 7,2013 (Dawn Mining Alt feed)V. Electronic Email from Kathy Weinel dated April24,2014to John Hultquist
requesting minor mod to LC I1.9.W. White Mesa Uranium Mill License Renewal Application State of Utah Radioactive
Materials License No. UT1900479, Volumes 1 through 5, from Denison Mines
(USA) Corp.dated February 28,2007 to Utah Division of Radiation Control.X. Health Physics and Engineering Interrogatories, Rounds I through 3, from Utah
Division of Radiation Control dated November 24,2008, JuIy 2,2009, and
December 28,2A09 to Denison Mines.Y. Responses to DRC Health Physics and Engineering Interrogatories, From Denison
Mines dated February 5,2009, Api120,2009, May 15, 2009,August 14,2009,
September r 4, 2009, September 28, 2009, November 24, 2009, November 25, 2009,
and March 5,2010 to Utah Division of Radiation ControlZ. Sequoyah Fuels Alternate Feed Request dated December 15,2012, from Energy
Fuels Resources Inc. to Utah Division of Radiation Control.AA. White Mesa Uranium Mill Reclamation and Decommissioning Plan Rev 5.1, from
Energy Fuels dated August 10,2016 and February 23,2017 to UDWMRC.
* For 13. LB through 13.1.1- NRC Amendment; 2;
DIVISION OF RADIATION CONTROL
RADIOACTIVE MATERIALS LICENSE
SUPPLEMENTARY SHEET
DRC-03
Page2l of2l
License #WJ900479
Amendment #8
For 13. LJthrough I3.I.N- UDRC Amendment 5
For 13.1.0 through I3.l.Q - UDRC Amendment 6
For I3.I.R through 13.1. V- UDRC Amendment 7
For I 3. I W through I 3. lAA - UDWMRC Amendment 8
DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL
^/ ?:=h^'*'7 zt r (
DateScott T. Anderson, Director