2011-08-08_GENERAL DOCUMENTS - M2007044

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41;11 Y V 9 3. 11 1a X0 2 �qC PRON Ja �S O STAT Certified Mail Return Receipt Requested Ref: 8P -AR Mr. Frank Filas, P.E. Energy Fuels Resources Corporation, Environmental. Manager 44 Union Boulevard, Suite 600 Lakewood, Colorado 80228 Dear Mr. Filas: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop ,Street DENVER, CO 80202 -1129 Phone 800 - 227 -8917 http://www.epa.goviregion08 AUG 0 4 2011 1�1 otc�v7 - o�y AUG 0 8 201 GRAND JUN. c_i.0 OFFICE DNISION OF RECLAMATION MINING & SAFETY Re: Whirlwind Mine Approval for Construction under 40 CFR Part 61 Subparts A and B G RECEIV1 AUG 10 2011 Division of Reclamation, Mining and Safety The U.S. Environmental Protection Agency (EPA) is granting approval to Energy Fuels Resources Corp (Energy Fuels), in accordance with provisions of the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.), and regulations promulgated thereunder, to construct Phase I and Phase II of the Whirlwind Uranium Mine. This Approval is based upon the plan submitted to EPA on March 7, 2011 (titled Application for Approval of Construction; Whirlwind Mine; Mesa County; 'Colorado (Revised March 2011)). This Approval, which is enclosed, ensures that the mine is in compliance with the National Emissions Standards for Hazardous Air Pollutants, 40 CFR Part 61, Subparts A and B (National Emission Standards for Radon Emissions from Underground Uranium Mines). Since the Whirlwind Uranium Mine is expected to produce up to 50,000 tons of ore per year and over 100,000 tons of ore over the lifetime of the mine, the designation requirements for underground uranium mines as specified in 40 CFR §61.20 (a) and (b) are applicable to this mine The Whirlwind Uranium Mine property straddles the Colorado/Utah state line and consists of 206 unpatented claims. This approval only applies to operations within the state of Colorado. Any operations covered by 40 CFR Part 61, Subparts A and B, at the mine in the state of Utah will require a separate approval by the state of Utah, which has the authority over these actions. This Approval to Construct includes conditions of approval to ensure the facility operates in compliance with the standard at 40 CFR §61.22, which requires that "[ emissions of radon -222 to the ambient air from an underground uranium mine shall not exceed those amounts that would cause any member of the public to receive in any year an effective dose equivalent to 10 mrem/y." Additionally, failure to comply with any condition or term set forth in this approval or in the regulations, or failure to meet this standard, may subject Energy Fuels to an enforcement action pursuant to section 113 of the Clean Air Act, 42 U.S.C. § 7413.