Subpart W Comments (9-3-2014) 

Frank Filas, V.P. Permitting and Environmental Affairs 

Energy Fuels Resources (USA) Inc. 

225 Union Blvd., Suite 600 

Lakewood, CO 80228 

My name is Frank Filas. I am Vice President of Permitting and Environmental Affairs for Energy 

Fuels. Our company is currently America's largest conventional uranium producer supplying 

approximately 25% of the uranium produced in the U.S. in 2013. We have significant concerns 

with the proposed regulations, as it appears that the EPA is attempting to impose dual regulation 

over portions of uranium recovery operations that are already sufficiently regulated by the NRC 

and Agreement States. 

1. We don't believe that the EPA needs to regulate very low level radiation sources such as 

evaporation or holding ponds. We recommend that the. Subpart W regulation be limited to 

size and number restrictions for tailings impoundments and other permanent byproduct 

disposal facilities. 

2. We believe that the "one-size fits all" approach of mandating one meter of water cover over 

evaporation and holding ponds is unnecessary and wasteful of scarce and valuable water 

resources. The EPA stated the following in its October 1984 "Final Rule for Radon-222 

Emissions from Licensed Uranium Mill Tailings: Response to Comments": 

"Recent technical assessments of radon emission rates from tailings indicate that radon 

emissions from tailings covered with less than one meter of water, or merely saturated with 

water, are about 2% of emissions from dry tailings. Tailings covered with more than one 

meter of water are estimated to have a zero emissions rates. The Agency believes this 

calculated difference between 0% and 2% is negligible. The Agency used an emission rate of 

zero for all tailings covered with water or saturated with water in estimating radon 

emissions. " 

Clearly, there would be very little benefit to be gained by requiring one meter of water cover 

over material that is already saturated with a minimal water cover. Instead there would be a 

significant waste of water resources through evaporation of an excessive and unnecessary 

water cover. EPA's calculation of reduced radon emissions is incorrect as there would only 

be a 2% reduction in emissions with one meter of water, not the 93% stated in the Rational 

for This Proposed Rule. 

3. In addition, the EPA's cost estimates for maintaining such a water cover are low by many 

orders of magnitude. We estimate that it will cost millions of dollars to drill deep wells of 

1 ,000 feet or more or pipelines of many miles to supply the additional water needed at 

conventional mill facilities. Evaporation ponds are designed to remove solution through 

evaporation, not to add water. An additional one meter of water cover would also incur the 

need for building larger ponds at significant additional cost. 
4. EPA's proposed replacement of the word "tailings" by "byproduct materials or tailings" in 

the definition for "Operation" is inconsistent with NRC regulations and appears to be an 

attempt by the EPA to circumvent the previous rescission of Subpart T of 40 CFR Part 61. 

5. Further, we disagree with EPA's assertion that "the operational life of the heap leach pile be 

from the time that lixiviant is first placed on the heap leach pile until the time of the final 

rinse. "As long as the heap is being leached, the ore on the heap is being processed. It does 

not become lle.(2) byproduct material until leaching is permanently discontinued. The heap 

leaching cycle is essentially no different in theory than the successive leaching of uranium 

that occurs in the counter current decantation (CCD) circuit of a conventional mill where the 

ore pulp from the leach circuit is successively further leached in a series of thickeners. The 

material does not become tailings (i.e., lle.(2) byproduct material) until it leaves the final 

thickener and is discharged to the tailings impoundment. 

Thank you for the opportunity to comment. Energy Fuels will submit more detailed written 

comments at a later date.