Hazardous Materials and Waste Management Division
Radiation Program

Energy Fuels Pinon Ridge Uranium Mill Frequently Asked Questions (FAQ)

What role does the federal government play in this license application process?

None.  Through an agreement with the Nuclear Regulatory Commission (NRC), the state of Colorado has sole responsibility for reviewing and approving or denying the license application.
 

Will an Environmental Impact Statement be required before Energy Fuels can build the Pinon Ridge Uranium mill?

No.  This is not a federal project, so it does not fall under the requirements of the National Environmental Protection Act.  However, the state will thoroughly review the Environmental Report contained in the application package to ensure the project is protective of public health and the environment.
 

If the application package is complete, why is it necessary to ask the company for additional information?

The completeness determination is an administrative milestone confirming that the review process may begin - it has nothing to do with technical adequacy of the license application.  Requests for Information (RFIs) are a normal, expected part of the review process and the Department will be issuing such requests throughout the process to get further clarification on issues that may be identified during the technical review.
 

Why isn't the Colorado Department of Public Health and Environment considering the impact of uranium mining and other potential milling operations in the region?

The Colorado Department of Public health and Environment regulates only the milling process and has no authority over active mines, which are regulated by the Division of Reclamation, Mining and Safety.  There is no single agency responsible for determining impacts on a regional level.  If other radioactive materials applications for mills are received, they will be evaluated individually.
 

Where can I find the application and other documents related to this project?

The application and related documents are available to the public on this website and at public repositories located at:

Nucla Public Library
544 Main Street
Nucla, CO  81424
970-864-2166

Montrose County Planning and Development
317 S. 2nd Street
Montrose, CO  81401
970-249-6688
 

Who makes the decision to approve or disapprove the license application, and how are they qualified?

A team from the Radiation Program and related disciplines within the Colorado Department of Public Health and Environment is evaluating the Energy Fuels application.  In addition, reviews of specific technical components of the application are being requested from other state agencies, such as the Division of Wildlife, Department of Transportation and Department of Local Affairs.  Individual reviewers are selected based on their training and backgrounds as appropriate for that technical component.

Each reviewer provides his/her assessment of the information provided and determines whether it provides sufficient assurance that the proposed mill will meet the regulatory and statutory requirements and the necessary protection of human health and the environment.   The project manager, Phil Egidi, will compile the technical reviews to create the decision document and recommend a license decision.  These recommendations will be reviewed by the Radiation Program Manager, Steve Tarlton, and the Radioactive Materials Unit Leader, Jennifer Opila, for concurrence.
 

Is there an appeal process?

Yes.  Regardless of the decision, the Colorado Department of Public Health and Environment (the Department ) will issue a decision document explaining the reasons for its decision.  If the Department approves the license application, a preliminary license will also be issued.

The decision can be appealed within 60 days through procedures outlined in the Colorado Administrative Procedures Act (24-4-101 et. seq. C.R.S.).  If an appeal is filed, a hearing officer will be selected to preside over an administrative hearing.  The hearing officer will render a decision.  The decision can be appealed to the executive director of the Colorado Department of Public Health and Environment, who will issue a final agency decision.  Any final agency decision can be appealed to the courts.
 

Will the mill be allowed to process radioactive waste?  Will the mill be allowed to become a disposal site for imported radioactive waste?

No and no.  the application specifies that the mill feedstock will be uranium ore and produced water from Energy Fuels' mines.  If the application is approved, the mill will not be licensed to process radioactive waste.  If approved, the mill will include an onsite disposal facility for waste generated by its operation.  The license application does not seek to import outside radioactive materials for disposal.
 

Will the mill eventually be allowed to process 1,000 tons of ore per day?

The license application seeks to process 500 tons of ore per day.  If Energy Fuels wishes to increase that amount in the future, the company must submit an application for a license amendment and go through the licensing process again.
 

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