2010-10-12_REPORT - M2007044

• Permit No: M2007044
• IBM Index Class Name: REPORT
• Doc Date: 10/12/2010
• Doc Name: Whirlwind Mine App for Constr Approval Response
• From: US EPA
• To: Energy Fuels Resources Corp
• Email Name: GRM
• Media Type: D
• Archive: No

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? <;. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY /
REGION 8

1595 Wynkoop Street
^? f DENVER, CO 80202-1129
Phone [phone]
hftp://www.epa.gov/region08
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OCT ?
1 w 2010
Certified Mail Return Receipt Requested
_L) OFFICE

Ref: 8P-AR F
Mr. Frank Filas, P.E.
Energy Fuels Resources Corporation, Environmental Manager
44 Union Boulevard, Suite 600
Lakewood, CO 80128
M ado - o i/y
Re: Whirlwind Mine Application for Construction Approval &S09,0/`Se_
Dear Mr. Filas:
This letter is in response to the Construction Approval Application ("Application") you
submitted to EPA pursuant to 40 CFR 61.07, for the Whirlwind Mine, received August 10, 2010. Based
on the information you provided to us, EPA's intent would be to deny the approval request because we
are unable to determine whether the operating mine will cause emissions in violation of the National
Emission Standards for Radon Emissions from Underground Uranium Mines, 40 CFR 61.22. In
accordance with 40 CFR 61.08(c) this letter contains the information on which the intended denial is
based and provides Energy Fuels with the. opportunity to present additional information or arguments
prior to final action on the application. Please provide us with the information requested below within
60 days of receipt of this letter so that we may make a final determination on Energy Fuels' application.
We are unable to determine whether the operating mine will cause emissions that violate the
standard because the emission estimates submitted in the application are based on radon measurements
taken during a time of non-operation (i.e., no ore production) at the Whirlwind Mine (Application,
p. l l ). The emission estimates must also represent all conditions when the mine is operating, including:
malfunctions and initial discharges, or other events that may cause radon-222 emissions to be increased.
The emissions estimate must include the year of operations in which the greatest amount of emissions
would occur, resulting in the highest dose to the public. EPA believes that the values you submitted are
underestimations of the radon emissions during mining operations and is providing this opportunity for
Energy Fuels to provide emissions estimates that are representative of operating mine conditions.
EPA is confident that the information exists to predict the radon-222 emissions from the
Whirlwind Mine when producing ore. Two EPA references may be useful in estimating emissions.
One is the AP-42 emission factor for radon-222 emissions from underground uranium minesI and the
other is Radionuclides: Background Information Document for Final Rules Volume II (520/1-84/002/2),
Chapter 5.'- AP-42 provides an emission factor range that relates the tons of ore mined to radon
' http:/icfpub.ep t.,qov/webfire/index.cfm?action=fire.sliowfactor&factorid=19698
http://www.epa.;;ov/radiation/doesineshaps/subpart-w/historical-rulemakings/radionuclides-
Background-Information-Document-For-Final-Rul.pdf