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- Energy Fuels Inc. has resumed shipping uranium more from its Pinyon Plain Mine near the Grand Canyon to a mill in southern Utah.
- Navajo leaders reached an agreement with the mining company to allow transport of the ore, arguing that federal laws would have allowed it anyway.
- People living along the transport route are raising concerns about emergency plans, especially in remote communities where no one is trained.
Energy Fuels Inc. resumed shipping uranium ore from the Pinyon Plain Mine near the Grand Canyon to the White Mesa Mill in southern Utah on Wednesday morning after reaching an agreement with the Navajo Nation and federal agencies.
The company had voluntarily stopped sending trucks across the Navajo Nation in August after Arizona Gov. Katie Hobbs stepped in. Navajo President Buu Nygren had earlier deployed police to intercept trucks, which he said were sent out with no advance notice.
Navajo Nation leaders and citizens continue to voice their opposition and concern over Energy Fuels’s uranium ore transport across a significant stretch of tribal lands, particularly given the tribe’s strict laws against uranium mining and transport.
The agreement has raised numerous questions from council delegates and community members, especially since the council wasn’t a part of the negotiations. Throughout the week, various public meetings were held to discuss the ore shipments and the agreement that most had found out about just days prior to the resumed transport.
“The federal law prohibits states and tribes from banning the transportation of radioactive and other hazardous materials under a legal doctrine known as preemption,” Kris Beecher, acting deputy attorney general for the Navajo Nation, told the Naa’bik’iyati’ committee on Thursday. “The Navajo Nation has done the next best thing and entered into agreement with Energy Fuels … they set requirements to ensure public health and safety and also to protect the environment.”
Because of the preemption law, officials said the agreement was not required, and Energy Fuels could continue transporting uranium ore for the two to four years the company plans to mine uranium at the site. As required by the agreement, signed on Jan. 29, the company gave the 14-day advance notice of transport and a schedule for the entire month of February, though the schedule hasn’t been made public.
Because they were not privy to the agreement, council delegates had to ask Beecher for a copy, which was provided, but a specific page was confidential, and if it were to be discussed, the council would have to go into executive session. The agreement has not been fully shared with the public, and delegates questioned the validity of the agreement since it was made without their input or a public forum.
“We won’t get the full packet. It’s going to be hidden,” said council delegate Vince James, who suggested to subpoena for the agreement and to schedule an actual meeting with Energy Fuels with the council. “There’s going to be things pulled out from it.”
From the information Beecher could relay from the agreement, several provisions were outlined:
- Energy Fuels Inc. will contribute $1.2 million to the Navajo EPA CERCLA Hazardous Substance Fund and pay 50 cents per pound of processed uranium produced at the White Mesa Mill, potentially amounting to $40,000-$50,000 per month.
- The company is also required to maintain $5 million in pollution and general liability insurance.
- Additionally, Energy Fuels will accept 10,000 tons of waste from abandoned uranium mines, process and dispose of it at the mill site, a service that would have cost the Navajo Nation $2.4 million but will now be provided at no cost.
“When you disrupt Navajo Nation sacred lands there’s typically no benefits to it,” said council delegate Andy Nez. “I say that because the longevity of our natural resources are compromised. How I read the text here, is basically, your benefit is Energy Fuels giving funding to Navajo to support those efforts. They’re basically paying the Navajo Nation to help.”
Under the agreement, trucks transporting the waste had to display identification placards with inspections of the truck performed by the Navajo EPA — a measure praised by Executive Director Stephan Etsitty.
“The reason why we wanted to regulate is to have stricter laws that the state of Arizona or any other state had,” said Dan Moquin, of the Navajo Justice Department, who worked on the agreement for the Navajo Nation. “If we regulate, we can look at every truck, which is not being done by the state of Arizona, not being done by the Department of Transportation … I know people don’t want uranium ore going through their communities, the truth is, it’s probably happened before and we didn’t know about it because there’s no federal requirement you report it.”
Community organizers track shipments from mine to mill
After Energy Fuels Inc. concluded its first day of transporting uranium ore from the Pinyon Plain mine to its White Mesa Mill, Robyn Jackson, executive director for Diné C.A.R.E and Leona Morgan, co-founder of Haul No, updated the public about what happened and shared with communities along the haul route the information the community organizers were able to get the past few days.
“We’re sharing whatever available information we come across,” said Jackson. “We’ve been trying to help assist with a lot of public education that’s been needed on this issue. From what was reported, I do understand that there’s this jurisdictional challenge with the road and that part of the issue with the Navajo Nation is that … legally, their hands are tied on this issue.”
Throughout the day the organizations posted photos of the trucks and of those holding signs along the route in protest of the transport. Jackson and Morgan reported that two trucks departed from the Pinyon Plain mine, which sits close to Havasupai tribal lands.
Abandoned sites:EPA officials pledge to clean up old uranium mines at the first Navajo Superfund site
The trucks traveled along U.S. Highway 180 through Flagstaff, took Interstate 40, then continued on U.S. 89, passing through the Navajo Nation communities of Cameron, Tuba City, and Tonalea. They proceeded onto U.S. 160, moving through Kayenta and Dennehotso, before reaching U.S. 191 at Mexican Water. From there, they traveled through Red Mesa and Bluff, ultimately arriving at the White Mesa Mill located close to the Ute Mountain Ute tribal lands.
“They were inspected at Cameron… the Navajo EPA did the inspection,” explained Morgan. “It took about 30 minutes and as far as we know they were in compliance because the trucks were allowed to go through. The tribe did its multipoint inspection, which includes several things that many of us don’t have all the details for.”
Jackson said she believes the Navajo EPA tried to convey to Energy Fuels that transportation was prohibited, but the company went ahead regardless. Jackson emphasized that the process would affect not only the Navajo Nation but also other tribes, including the Havasupai, Hopi, Hualapai and Ute Mountain Ute.
“There are all these tribes that are in strong opposition to this operation and there’s actually the city of Flagstaff that has stated their opposition, their commission, their county officials, their supervisors,” said Jackson. “So this is a regional impact. This is new uranium mining, this Pinyon Plain Mine is new … there is no need for this. This is absolutely not necessary, and it’s something the region said they don’t want.”
Although uranium ore is classified as a “low specific activity material” under federal law — the lowest level of radioactive material transported on roads and highways — communities remain opposed to its transport. The resistance stems from the enduring suffering the Navajo Nation and its people have faced from past uranium mining on their lands, even though the company cites advancements in technology that promise safer handling compared to the Cold War era.
“Uranium is something we don’t take lightly and I think that is why our tribe had these moratorium on uranium mining, had a moratorium on transportation also we aren’t interested in milling it. We don’t want to do anything with it,” said Jackson. “Our people stated it and it was codified … and this uranium company Energy Fuels disregarded that, they found a loophole through this road, which they’re saying is federal jurisdiction and they just told us we don’t care about your moratorium. We don’t care about the impact and the effect to your people. We don’t care. That risk is what is infuriating us.”
Locals question emergency response plans
Lucinda Tomchee, Mexican Hat chapter manager, noted that while Energy Fuels and the Navajo Nation were negotiating an agreement over six months, her chapter was only informed two weeks before transportation was set to resume. Tomchee and other community leaders have prioritized keeping their members informed since the trucks will be going through their community.
“It’s been an ongoing process since the announcement was made that uranium hauling is gonna occur,” said Tomchee after a Navajo Utah Commission meeting was held Wednesday. “It just seemed to go silent. We have concerns for our health. The whole route runs right through our chapter. We’re isolated. The Navajo Nation hasn’t shared with us an emergency management plan.”
Jurisdiction has been a concern as the route crosses the Arizona and Utah borders. At this early stage of transport, there are worries about insufficient emergency planning within the Navajo Nation. If a hauling accident occurs, the Navajo Nation Police — who already face manpower shortages and have not received any specialized training — will be the first to respond.
“There is no emergency plan, we have to understand this. There is no emergency plan made by the tribe,” said Morgan. “The trucking company has to have an emergency plan ready as the trucking company, which is part of the requirements. On the tribe’s side, they have a year to work on the regulation for all types of transports. This is new, the tribe doesn’t have these types of regulations and we need this. The transport is being allowed even though we don’t have the regulations in place.”
Tomchee said the chapter was tasked with developing an emergency management plan for the community. She said that the area is not only rural but also predominantly populated by elders, making it difficult to assemble an emergency team that can respond at a moment’s notice in the event of an accident.
“Having the lack of training … none of that has been provided,” said Tomchee. “If they could give us the professional training that you give for any kind of disaster, at least that is something to those of us who are in positions of leadership.”
Beecher said all truck drivers are required to carry a transporter’s response plan and emergency response equipment, which they must be trained to use. Drivers must have at least two years of truck driving experience, a valid hazardous material endorsement and hazardous material transport licenses from the Navajo EPA, as well as training in handling and transporting hazardous materials. Additionally, the trucking company must have at least five years of experience transporting hazardous waste.
“It imperative for communities to organize,” said Morgan. “Communities along this haul route understand what the risks are and that you are your own experts. The community people themselves are the best folks to create these emergency plans because it’s your communities. It’s really unfortunate that we are already in this place, and transport has started and communities don’t have this in place.”
Long legacy:Residents await long-delayed cleanup of uranium waste near Cameron
Will the agreement open the door to other locations?
Another concern is whether the shipments could trigger a domino effect. Energy Fuels also owns the Roca Honda Mine near Mount Taylor, a sacred mountain to the Navajo near Grants, N.M. With these regulations now in place, the question arises among community leaders: Could this lead to waste from the Roca Honda Mine in New Mexico being transported through that part of the Navajo Nation to the White Mesa Mill?
“The biggest issue right now with the agreement is to basically allow transport,” said Morgan. “And this doesn’t only apply to Pinyon Plain, but Energy Fuels also has a mine on Mount Taylor. This is something that folks might not be aware of. I’m understanding that this agreement also applies to the transport of uranium from Mount Taylor through the Rez going to White Mesa Mill.”
Beecher explained that if the Roca Honda Mine becomes operational, this agreement would also apply, providing “two additional benefits” to the Navajo Nation: another $1.2 million payment to the Navajo Nation CERCLA fund and a $0.50 per pound payment for any processed uranium. Additionally, Energy Fuels would cover the cost of an inspection station if necessary and accept and dispose of an additional 30,000 tons of abandoned uranium mine waste.
Curtis Moore, senior vice president for marketing and corporate development at Energy Fuels, said Roca Honda is a uranium deposit located in New Mexico and is not licensed, permitted or developed, a process that will likely take at least five years to complete.
“So, it is not close to going into production or for ore to be transported,” Moore told The Arizona Republic in an email. “The financial terms in the agreement with the Navajo Nation could apply to Roca Honda, but that is all. The Navajo Nation has not taken a position on that mine or on transport across the Navajo Nation.”
Another concern is that on Feb. 7, the Arizona Corporation Commission opened the docket titled In the Matter of the Commission’s Inquiry into Nuclear Issues. This marks the start of the ACC’s exploration into the potential development of new nuclear generation in Arizona, including small modular reactors.
Arizona Public Service, Tucson Electric Power, and Salt River Project announced their applications for a federal grant from the U.S. Department of Energy to help them identify locations in the state for placing new nuclear generation, including at the sites of retiring coal plants.
“Arizona’s future energy demands will require innovative and diverse solutions,” said Commissioner René Lopez. “I applaud Arizona’s utilities’ diverse outlook and, for now, taking exploratory steps toward nuclear generation and am excited at the prospect of expanding Arizona’s energy portfolio.”
