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Whirlwind Mine <br />30100 5/10 Road <br />Gateway, Colorado 81522 <br />11 9. CERTIFICATE OF APPLICABILITY SUBSTANTIAL HARM CRITERIA <br /> <br />In compliance with 40 CFR - Chapter I - Part 112, Energy Fuels Resources Corporation <br />has evaluated the substantial harm criteria listed below and has completed the required <br />certification. <br />Facility Name: Whirlwind Mine <br />Facility Address: 30100 5110 Road <br />Gateway, Colorado 81522 <br />• <br />• <br />1. Does the facility transfer oil over water to or from vessels and does the facility have a <br />total oil storage capacity greater than or equal to 42,000 gallons? NO <br />2. Does the facility have a total oil storage capacity greater than or equal to 1 million <br />gallons and does the facility lack secondary containment that is sufficiently large <br />enough to contain the capacity of the largest aboveground storage tank plus sufficient <br />freeboard to allow for precipitation within any aboveground storage tank area? NO <br />3. Does the facility have a total oil storage capacity greater than or equal to 1 million <br />gallons and is the facility located at a distance such that a discharge from the facility <br />would cause injury to fish and wildlife in sensitive environments? NO <br />4. Does the facility have a total oil storage capacity greater than or equal to 1 million <br />gallons and is the facility located at a distance such that a discharge from the facility <br />would shut down a public drinking water intake? NO <br />5. Does the facility have a total oil storage capacity greater than or equal to 1 million <br />gallons and has the facility experienced a reportable spill in an amount greater than or <br />equal to 10,000 gallons within the last 5 years? NO <br />CERTIFICATION <br />I certify under the penalty of law that I have personally examined and am familiar with <br />the information submitted in this document, and based on my inquiry of those individuals <br />responsible for obtaining this information, I believe that the submitted information is true, <br />accurate, and complete. <br />Signature: <br />Name: Mr. Stephen Antony <br />Title: Chief Operating Officer <br />Date: <br />14