State of Wyoming: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of Wyoming, 31981-31987 [2018-14175]
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Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Notices
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A. The exemption is authorized by
law;
B. The exemption presents no undue
risk to public health and safety;
C. The exemption is consistent with
the common defense and security;
D. Special circumstances are present
in that the application of the rule in this
circumstance is not necessary to serve
the underlying purpose of the rule;
E. The special circumstances
outweigh any decrease in safety that
may result from the reduction in
standardization caused by the
exemption; and
F. The exemption will not result in a
significant decrease in the level of safety
otherwise provided by the design.
2. Accordingly, the licensee is granted
an exemption from the certified DCD
Tier 1 information, with corresponding
changes to Appendix C of the Facility
Combined Licenses as described in the
licensee’s request dated August 30,
2017, as supplemented by letter dated
January 12, 2018. This exemption is
related to, and necessary for, the
granting of License Amendment Nos.
121 and 120, which is being issued
concurrently with this exemption.
3. As explained in Section 5.0,
‘‘Environmental Consideration,’’ of the
NRC staff’s safety evaluation (ADAMS
Accession No. ML17320A798), this
exemption meets the eligibility criteria
for categorical exclusion set forth in 10
CFR 51.22(c)(9). Therefore, pursuant to
10 CFR 51.22(b), no environmental
impact statement or environmental
assessment needs to be prepared in
connection with the issuance of the
exemption.
4. These exemptions are effective as of
the date of its issuance.
III. License Amendment Request
By letter dated August 30, 2017, and
supplemented by letter dated January
12, 2018, the licensee requested that the
NRC amend the COLs for VEGP, Units
3 and 4, COLs NPF–91 and NPF–92. The
proposed amendment is described in
Section I of this Federal Register notice.
The Commission has determined for
these amendments that the application
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s rules and regulations in
10 CFR chapter I, which are set forth in
the license amendment.
A notice of consideration of issuance
of amendment to facility operating
license or combined license, as
applicable, proposed no significant
hazards consideration determination,
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and opportunity for a hearing in
connection with these actions, was
published in the Federal Register on
October 24, 2017 (82 FR 49239). No
comments were received during the 30day comment period.
The Commission has determined that
these amendments satisfy the criteria for
categorical exclusion in accordance
with 10 CFR 51.22. Therefore, pursuant
to 10 CFR 51.22(b), no environmental
impact statement or environmental
assessment need be prepared for these
amendments.
IV. Conclusion
Using the reasons set forth in the
combined safety evaluation, the staff
granted the exemption and issued the
amendment that the licensee requested
on August 30, 2017, and supplemented
on January 12, 2018.
The exemptions and amendments
were issued on April 18, 2018, as part
of a combined package to the licensee
(ADAMS Accession No. ML18072A051).
Dated at Rockville, Maryland, this 5th day
of July, 2018.
For the Nuclear Regulatory Commission.
Jennifer L. Dixon-Herrity,
Chief, Licensing Branch 4, Division of
Licensing, Siting, and Environmental
Analysis, Office of New Reactors.
[FR Doc. 2018–14698 Filed 7–9–18; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0124]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
Correction
In notice document 2018–13758,
appearing on pages 31180–31190 in the
Issue of Tuesday, July 3, 2018, make the
following correction:
On page 31180, in the second column,
under the heading ‘‘DATES:’’, the entry
‘‘September 3, 2018’’ is corrected to read
‘‘September 4, 2018’’.
[FR Doc. C1–2018–13758 Filed 7–9–18; 8:45 am]
BILLING CODE 1301–00–D
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31981
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0104]
State of Wyoming: NRC Staff
Assessment of a Proposed Agreement
Between the Nuclear Regulatory
Commission and the State of Wyoming
Nuclear Regulatory
Commission.
ACTION: Proposed state agreement;
request for comment.
AGENCY:
By letter dated November 14,
2017, Governor Matthew H. Mead of the
State of Wyoming requested that the
U.S. Nuclear Regulatory Commission
(NRC or Commission) enter into an
Agreement with the State of Wyoming
as authorized by Section 274b. of the
Atomic Energy Act of 1954, as amended
(AEA).
Under the proposed Agreement, the
Commission would discontinue, and the
State of Wyoming would assume,
regulatory authority over the
management and disposal of byproduct
materials as defined in Section 11e.(2)
of the AEA and a subcategory of source
material associated with uranium or
thorium milling within the State.
Pursuit to Commission direction, the
proposed Agreement would state that
the NRC will retain regulatory authority
over the American Nuclear Corporation
(ANC) license.
As required by Section 274e. of the
AEA, the NRC is publishing the
proposed Agreement for public
comment. The NRC is also publishing
the summary of a draft assessment by
the NRC staff of the State of Wyoming’s
regulatory program. Comments are
requested on the proposed Agreement,
especially its effect on public health and
safety. Comments are also requested on
the draft staff assessment, the adequacy
of the State of Wyoming’s program, and
the State’s program staff, as discussed in
this notice.
The proposed Agreement would
exempt persons who possess or use
byproduct materials as defined in
Section 11e.(2) of the AEA and a
subcategory of source material involved
in the extraction or concentration of
uranium or thorium in source material
or ores at uranium or thorium milling
facilities in the State of Wyoming from
portions of the Commission’s regulatory
authority. Radioactive materials not
covered by the proposed Agreement will
continue to be subject to the
Commission’s regulatory authority.
Section 274e. of the AEA requires that
the NRC publish these exemptions.
Notice is hereby given that the pertinent
exemptions have been previously
SUMMARY:
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published in the Federal Register and
are codified in the NRC’s regulations.
The NRC is giving notice once each
week for four consecutive weeks of the
proposed Agreement. This is the second
notice that has been published.
DATES: Submit comments by July 26,
2018. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received before this date.
ADDRESSES: You may submit comments
by the following method:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0104. Address
questions about NRC dockets to Jennifer
Borges; telephone: 301–287–9127;
email: Jennifer.Borges@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Stephen Poy, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–7135, email: Stephen.Poy@nrc.gov;
or Paul Michalak, telephone: 301–415–
5804, email: Paul.Michalak@nrc.gov.
Both are staff of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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A. Obtaining Information
Please refer to Docket ID NRC–2018–
0104 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0104.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, at 301–415–4737, or
by email to pdr.resource@nrc.gov. The
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draft application for a Section 274
Atomic Energy Act Agreement from the
State of Wyoming, the final Wyoming
Agreement State application, and the
Draft Assessment of the Proposed
Wyoming Program for the Regulation of
Agreement Materials documents are
available in ADAMS under Accession
Nos. ML16300A294, ML17319A921,
and ML18094B074.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2018–
0104 in your comment submission. The
NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Additional Information on
Agreements entered under Section 274
of the AEA
Since Section 274 of the AEA was
added in 1959, the Commission has
entered into Agreements with 37 States
(Agreement States). The 37 Agreement
States currently regulate approximately
16,500 Agreement material licenses,
while the NRC regulates approximately
2,800 licenses. Under the proposed
Agreement, 14 NRC uranium mill
licenses will transfer to the State of
Wyoming. The NRC periodically
reviews the performance of the
Agreement States to assure compliance
with the provisions of Section 274.
Section 274e. of the AEA requires that
the terms of the proposed Agreement be
published in the Federal Register for
public comment once each week for
four consecutive weeks. This notice is
being published in fulfillment of that
requirement.
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III. Proposed Agreement With the State
of Wyoming
Background
(a) Section 274b. of the AEA provides
the mechanism for a State to assume
regulatory authority from the NRC over
certain radioactive materials and
activities that involve use of these
materials. The radioactive materials,
sometimes referred to as ‘‘Agreement
materials,’’ are byproduct materials as
defined in Sections 11e.(1), 11e.(2),
11e.(3), and 11e.(4) of the AEA; source
material as defined in Section 11z. of
the AEA; and special nuclear material as
defined in Section 11aa. of the AEA,
restricted to quantities not sufficient to
form a critical mass.
The radioactive materials and
activities (which together are usually
referred to as the ‘‘categories of
materials’’) that the State of Wyoming
requests authority over are the
possession and use of byproduct
materials as defined in Section 11e.(2)
of the AEA and a subcategory of source
material involved in the extraction or
concentration of uranium or thorium in
source material or ores at uranium or
thorium milling facilities (source
material associated with milling
activities).
(b) The proposed Agreement contains
articles that
(i) Specify the materials and activities
over which authority is transferred;
(ii) Specify the materials and
activities over which the Commission
will retain regulatory authority;
(iii) Continue the authority of the
Commission to safeguard special
nuclear material, and restricted data and
protect common defense and security;
(iv) Commit the State of Wyoming and
the NRC to exchange information as
necessary to maintain coordinated and
compatible programs;
(v) Provide for the reciprocal
recognition of licenses;
(vi) Provide for the suspension or
termination of the Agreement; and
(vii) Specify the effective date of the
proposed Agreement.
The Commission reserves the option
to modify the terms of the proposed
Agreement in response to comments, to
correct errors, and to make editorial
changes. The final text of the proposed
Agreement, with the effective date, will
be published after the Agreement is
approved by the Commission and
signed by the NRC Chairman and the
Governor of Wyoming.
(c) The regulatory program is
authorized by law under the State of
Wyoming Statute Section 35–11–2001,
which provides the Governor with the
authority to enter into an Agreement
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with the Commission. The State of
Wyoming law contains provisions for
the orderly transfer of regulatory
authority over affected licensees from
the NRC to the State. In a letter dated
November 14, 2017, Governor Mead
certified that the State of Wyoming has
a program for the control of radiation
hazards that is adequate to protect
public health and safety within the State
of Wyoming for the materials and
activities specified in the proposed
Agreement, and that the State desires to
assume regulatory responsibility for
these materials and activities. After the
effective date of the Agreement, licenses
issued by NRC would continue in effect
as State of Wyoming licenses until the
licenses expire or are replaced by Stateissued licenses.
(d) The NRC draft staff assessment
finds that the Wyoming Department of
Environmental Quality, Land Quality
Division, Uranium Recovery Program, is
adequate to protect public health and
safety and is compatible with the NRC
program for the regulation of Agreement
materials. Pursuant to Commission
direction, the proposed Agreement
includes a provision that the State of
Wyoming has until the end of the 2019
legislative session to amend Wyoming
Statute Section 35–11–2004(c) to be
compatible with AEA Section
83b.(1)(A), or the Agreement will
terminate without further NRC action.
The proposed Agreement also explicitly
states that, prior to the requisite
amendment of Wyoming Statute Section
35–11–2004(c), the NRC will reject any
State of Wyoming request to terminate
a license that proposes to bifurcate the
ownership of byproduct material and its
disposal site between the State and the
Federal government. Pursuant to
Commission direction, the Agreement
contains a provision that requires the
State of Wyoming to revise Statute
Section 35–11–2004(c) during the next
legislative session to be compatible with
AEA Section 83b.(1)(A). If the Wyoming
Statute Section 35–11–2004(c) is not
amended by the end of the 2019
legislative session, the Agreement will
terminate.
Summary of the Draft NRC Staff
Assessment of the State of Wyoming’s
Program for the Regulation of
Agreement Materials
The NRC staff has examined the State
of Wyoming’s request for an Agreement
with respect to the ability of the State’s
radiation control program to regulate
Agreement materials. The examination
was based on the Commission’s Policy
Statement, ‘‘Criteria for Guidance of
States and NRC in Discontinuance of
NRC Regulatory Authority and
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Assumption Thereof by States Through
Agreement,’’ (46 FR 7540; January 23,
1981, as amended by Policy Statements
published at 46 FR 36969; July 16, 1981,
and at 48 FR 33376; July 21, 1983)
(Policy Statement), and the Office of
Nuclear Material Safety and Safeguards
Procedure SA–700, ‘‘Processing an
Agreement’’ (available at https://
scp.nrc.gov/procedures/sa700.pdf and
https://scp.nrc.gov/procedures/sa700_
hb.pdf). The Policy Statement has 36
criteria that serve as the basis for the
NRC staff’s assessment of the State of
Wyoming’s request for an Agreement.
The following section will reference the
appropriate criteria numbers from the
Policy Statement that apply to each
section.
(a) Organization and Personnel. These
areas were reviewed under Criteria 1, 2,
20, 24, 33, and 34 in the draft staff
assessment. The State of Wyoming’s
proposed Agreement materials program
for the regulation of radioactive
materials is the Uranium Recovery
Program. The Uranium Recovery
Program will be located within the
existing Land Quality Division of the
Wyoming Department of Environmental
Quality.
The educational requirements for the
Uranium Recovery Program staff
members are specified in the State of
Wyoming’s personnel position
descriptions and meet the NRC criteria
with respect to formal education or
combined education and experience
requirements. All current staff members
hold a Bachelor of Science Degree or
Master’s Degree in one of the following
subject areas: Environmental science,
health physics, nuclear engineering,
geology, or ecology. All have training
and work experience in radiation
protection. Supervisory level staff have
at least 5 years of working experience in
radiation protection, with most having
more than 10 years of experience.
The State of Wyoming performed an
analysis of the expected workload under
the proposed Agreement. Based on the
NRC staff review of the State of
Wyoming’s analysis, the State has an
adequate number of staff to regulate
radioactive materials under the terms of
the proposed Agreement. The State of
Wyoming will employ the equivalent of
7.2 full-time professional and technical
staff to support the Uranium Recovery
Program.
The State of Wyoming has indicated
that the Uranium Recovery Program has
an adequate number of trained and
qualified staff in place. The State of
Wyoming has developed qualification
procedures for license reviewers and
inspectors that are similar to the NRC’s
procedures. The Uranium Recovery
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Program staff is accompanying the NRC
staff on inspections of NRC licensees in
Wyoming. The Uranium Recovery
Program staff is also actively
supplementing their experience through
direct meetings, discussions, and
facility visits with the NRC licensees in
the State of Wyoming and through selfstudy, in-house training, and formal
training.
Overall, the NRC staff concluded that
the Uranium Recovery Program staff
identified by the State of Wyoming to
participate in the Agreement materials
program has sufficient knowledge and
experience in radiation protection, the
use of radioactive materials, the
standards for the evaluation of
applications for licensing, and the
techniques of inspecting licensed users
of Agreement materials.
(b) Legislation and Regulations. These
areas were reviewed under Criteria 1–
14, 17, 19, 21, and 23–33 in the draft
staff assessment. The Wyoming Statutes
Sections 35–11–2001(a) through (c)
provide the authority to enter into the
Agreement and establish the Wyoming
Department of Environmental Quality as
the lead agency for the State’s Uranium
Recovery Program. The Department has
the requisite authority to promulgate
regulations under Wyoming Statute
Section 35–11–2002(b) for protection
against radiation. The Wyoming Statutes
Sections 35–11–2001 through 2005 also
provide the Uranium Recovery Program
the authority to issue licenses and
orders; conduct inspections; and enforce
compliance with regulations, license
conditions, and orders. The Wyoming
Statute Section 35–11–2003(d) requires
licensees to provide access to
inspectors.
The Wyoming Statute Section 35–11–
2001(e) does not provide the State of
Wyoming with authority over
independent or commercial laboratories.
Under the proposed Agreement, the
NRC would retain regulatory authority
over laboratory facilities that are not
located at facilities licensed under the
State of Wyoming’s regulatory authority.
The State of Wyoming would only
regulate laboratory facilities located at
uranium or thorium mills. The NRC
staff verified that the State of Wyoming
adopted the relevant NRC regulations in
parts 19, 20, 40, 71, and 150 of title 10
of the Code of Federal Regulations (10
CFR), into the Wyoming Uranium
Recovery Program Rules Chapters 1
through 9. Therefore, on the proposed
effective date of the Agreement, the
State of Wyoming will have adopted an
adequate and compatible set of radiation
protection regulations that apply to
byproduct materials as defined in
Section 11e.(2) of the AEA and source
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material associated with milling
activities. The NRC staff also verified
that the State of Wyoming will not
attempt to enforce regulatory matters
reserved to the Commission.
(c) Storage and Disposal. These areas
were reviewed under Criteria 8, 9a, 11,
29, 30, 31, and 32 in the draft staff
assessment. The State of Wyoming has
adopted NRC compatible requirements
for the handling and storage of
radioactive material. The State of
Wyoming has adopted an adequate and
compatible set of radiation protection
regulations that apply to byproduct
material as defined in Section 11e.(2) of
the AEA and source material associated
with milling activities.
As a result of the class of byproduct
material it will be regulating (Section
11e.(2) of the AEA), the State of
Wyoming is not required to have
regulations compatible to 10 CFR part
61 for waste disposal. Rather, the State
of Wyoming is required to have
regulations that are compatible with 10
CFR part 40 for the disposal of
byproduct material as defined in
Section 11e.(2) of the AEA and source
material associated with milling
activities. The NRC staff confirmed that
the State of Wyoming has adopted
regulations that are compatible with the
NRC regulations in 10 CFR part 40 for
the disposal of byproduct material and
source material associated with milling
activities, which are equivalent to the
applicable standards contained in 10
CFR part 61.
These regulations address the general
requirements for waste disposal and are
applicable to all licensees covered
under this proposed Agreement.
The NRC staff identified one portion
of the Wyoming Statute that is
potentially not compatible with NRC
requirements. Section 83b.(1)(A) of the
AEA ensures that ownership of the
byproduct material itself is inseparable
from the site on which it is disposed.
Consequently, the State of Wyoming has
the option of taking title to the material
and its disposal site, but the Uranium
Mill Tailings Radiation Control Act
(UMTRCA) does not permit a State to
bifurcate ownership of the disposed
byproduct material and the property
rights necessary to ensure its safe
disposal. The Wyoming Statute Section
35–11–2004(c), enacted in anticipation
of the State of Wyoming’s assumption of
the NRC’s regulatory authority for
uranium and thorium milling, could
permit the bifurcation of the disposed
byproduct material and its disposal site
by the State. As discussed in Criterion
30c. of the draft staff assessment, this
bifurcation of the land and the disposed
byproduct material could conflict with
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the AEA (as amended by UMTRCA),
and Article II.B.2.b. in the proposed
Agreement.
Based on Commission direction, the
NRC staff concluded that Criterion 30c.
is satisfied in the following manner: The
Commission could complete the process
for the final application package for the
Agreement, including publishing the
proposed Agreement for comment, by
noting that the Commission’s finding of
compatibility is contingent on the State
of Wyoming revising this provision,
during the next legislative session, to be
compatible with AEA Section
83b.(1)(A). Thus, an Agreement could be
executed, but it would include a
provision that the State of Wyoming has
until the end of the 2019 legislative
session to amend Wyoming Statute
Section 35–11–2004(c) to be compatible
with AEA Section 83b.(1)(A), or the
Agreement will terminate without
further NRC action. The Agreement
would also explicitly state that the NRC
will reject any State of Wyoming request
to terminate a license that proposes to
bifurcate the ownership of byproduct
material and its disposal site between
the State and the federal government.
The NRC staff determined that there is
little practical risk that the State of
Wyoming’s current statutory provisions
would result in the bifurcation of the
11e.(2) byproduct material from the land
since the NRC is required to review and
approve any State-proposed termination
of a uranium mill license.
(d) Transportation of Radioactive
Material. This area was reviewed under
Criteria 10 and 35 in the draft staff
assessment. The State of Wyoming has
adopted compatible regulations to the
NRC regulations in 10 CFR part 71. Part
71 contains the requirements licensees
must follow when preparing packages
containing radioactive material for
transport.
Part 71 also contains requirements
related to the licensing of packaging for
use in transporting radioactive
materials.
(e) Recordkeeping and Incident
Reporting. These areas were reviewed
under Criteria 1, 11, and 35 in the draft
staff assessment. The State of Wyoming
has adopted compatible regulations to
the sections of the NRC regulations that
specify requirements for licensees to
keep records and to report incidents or
accidents involving the State’s regulated
Agreement materials.
(f) Evaluation of License Applications.
This area was reviewed under Criteria 1,
7, 8, 9a, 13, 14, 20, 23, 25, and 29–35
in the draft staff assessment. The State
of Wyoming has adopted compatible
regulations to the NRC regulations that
specify the requirements a person must
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meet to get a license to possess or use
radioactive materials. The State of
Wyoming has also developed a licensing
procedure manual, along with
accompanying regulatory guides, which
are adapted from similar NRC
documents and contain guidance for the
program staff when evaluating license
applications.
(g) Inspections and Enforcement.
These areas were reviewed under
Criteria 1, 16, 18, 19, 23, 35, and 36 in
the draft staff assessment. The State of
Wyoming has adopted a schedule
providing for the inspection of licensees
as frequently as, or more frequently
than, the inspection schedule used by
the NRC. The State of Wyoming’s
Uranium Recovery Program has adopted
procedures for the conduct of
inspections, reporting of inspection
findings, and reporting inspection
results to the licensees. Additionally,
the State of Wyoming has also adopted
procedures for the enforcement of
regulatory requirements.
(h) Regulatory Administration. This
area was reviewed under Criterion 23 in
the draft staff assessment. The State of
Wyoming is bound by requirements
specified in its State law for rulemaking,
issuing licenses, and taking enforcement
actions. The State of Wyoming has also
adopted administrative procedures to
assure fair and impartial treatment of
license applicants. The State of
Wyoming law prescribes standards of
ethical conduct for State employees.
(i) Cooperation with Other Agencies.
This area was reviewed under Criteria
25, 26, and 27 in the draft staff
assessment. The State of Wyoming law
provides for the recognition of existing
NRC and Agreement State licenses and
the State has a process in place for the
transition of active NRC licenses. Upon
the effective date of the Agreement, all
active uranium recovery NRC licenses
issued to facilities in the State of
Wyoming, with the exception of the
ANC license, will be recognized as
Wyoming Department of Environmental
Quality licenses.
The State of Wyoming also provides
for ‘‘timely renewal.’’ This provision
affords the continuance of licenses for
which an application for renewal has
been filed more than 30 days prior to
the date of expiration of the license.
NRC licenses transferred while in timely
renewal are included under the
continuation provision.
The State of Wyoming regulations, in
Chapter 4, Section 6(d), provide
exemptions from the State’s
requirements for the NRC and the U.S.
Department of Energy contractors or
subcontractors; the exemptions must be
authorized by law and determined not
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to endanger life or property and to
otherwise be in the public interest. The
proposed Agreement commits the State
of Wyoming to use its best efforts to
cooperate with the NRC and the other
Agreement States in the formulation of
standards and regulatory programs for
the protection against hazards of
radiation, and to assure that the State’s
program will continue to be compatible
with the Commission’s program for the
regulation of Agreement materials. The
proposed Agreement specifies the
desirability of reciprocal recognition of
licenses, and commits the Commission
and the State of Wyoming to use their
best efforts to accord such reciprocity.
The State of Wyoming would be able to
recognize the licenses of other
jurisdictions by order or specific
license.
There are six UMTRCA Title II sites
in the State of Wyoming (ADAMS
Accession No. ML16300A294)
undergoing decommissioning. These
sites are: (1) Anadarko Bear Creek,
Powder River Basin; (2) Pathfinder,
Lucky Mc, Gas Hills; (3) Umetco
Minerals Corporation, Gas Hills; (4)
Western Nuclear Inc., Split Rock, Jeffrey
City; (5) Exxon Mobile, Highlands,
Converse County; and (6) ANC, Gas
Hills.
The State of Wyoming indicated it
was opposed to assuming regulatory
authority over the ANC site because the
licensee is insolvent. To address the
State of Wyoming’s proposed exclusion
of the ANC site from the proposed
Agreement, the NRC staff provided
SECY–17–0081 ‘‘Status and Resolution
of Issues Associated with the Transfer of
Six Decommissioning Uranium Mill
Sites to the State of Wyoming’’ (ADAMS
Accession No. ML17087A355) to the
Commission. In SRM–SECY–17–0081
(ADAMS Accession No. ML17277A783),
the Commission approved the NRC
staff’s recommendation for the NRC to
retain regulatory authority over the ANC
site and stated that the Commission’s
retention of the ANC site ‘‘is not a
change to the Commission’s current
Agreement State policy, but is instead
an exception to that policy based on
case-specific facts.’’ Article II.A.14. of
the proposed Agreement specifies that
the Commission retains regulatory
authority over the ANC license.
With regard to the five other
decommissioning UMTRCA sites, the
NRC staff has developed a draft
Memorandum of Understanding (MOU)
between the NRC and the State of
Wyoming as a separate document from
the proposed Agreement. The objective
of the MOU is to delineate specific
actions that the NRC and the State of
Wyoming would take to verify
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completion of the decommissioning of
these sites. The MOU has been drafted
and the NRC staff is currently working
with the State of Wyoming to delineate
how license termination will be
addressed for each of the five sites. An
assessment of the decommissioning
status of the five UMTRCA sites and the
activities that need to be completed
prior to license termination (ADAMS
Accession No. ML17040A501) has been
completed. Once the MOU is completed
and signed by both the NRC and the
State of Wyoming, it will be published
in the Federal Register.
Staff Conclusion
Section 274d. of the AEA provides
that the Commission shall enter into an
Agreement under Section 274b. with
any State if:
(a) The Governor of the State certifies
that the State has a program for the
control of radiation hazards adequate to
protect public health and safety with
respect to the Agreement materials
within the State and that the State
desires to assume regulatory
responsibility for the Agreement
materials; and
(b) The Commission finds that the
State program is in accordance with the
requirements of Subsection 274o. and in
all other respects compatible with the
Commission’s program for the
regulation of materials, and that the
State program is adequate to protect
public health and safety with respect to
the materials covered by the proposed
Agreement.
The NRC staff has reviewed the
proposed Agreement, the certification of
Wyoming Governor Mead, and the
supporting information provided by the
Uranium Recovery Program of the
Wyoming Department of Environmental
Quality and Wyoming’s Office of the
Attorney General. Based upon this
review, the NRC staff concludes that the
State of Wyoming Uranium Recovery
Program satisfies the Section 274d.
criteria as well as the criteria in the
Commission’s Policy Statement
‘‘Criteria for Guidance of States and
NRC in Discontinuance of NRC
Regulatory Authority and Assumption
Thereof by States Through Agreement.’’
As noted above, the proposed
Agreement includes a provision that the
State of Wyoming has until the end of
the 2019 legislative session to amend
Wyoming Statute Section 35–11–2004(c)
to be compatible with AEA Section
83b.(1)(A) or the Agreement will
terminate without further NRC action.
The proposed Agreement also explicitly
states that the NRC will reject any State
of Wyoming request to terminate a
license that proposes to bifurcate the
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31985
ownership of byproduct material and its
disposal site between the State and the
Federal government. Pursuant to
Commission direction, the NRC staff
finding of compatibility is contingent on
the State of Wyoming revising Wyoming
Statute Section 35–11–2004(c) during
the next legislative session to be
compatible with AEA Section
83b.(1)(A). The proposed State of
Wyoming program to regulate
Agreement materials, as comprised of
statutes, regulations, procedures, and
staffing is compatible with the
Commission’s program and is adequate
to protect public health and safety with
respect to the materials covered by the
proposed Agreement. Therefore, the
proposed Agreement meets the
requirements of Section 274 of the AEA.
Dated at Rockville, Maryland, this 27th day
of June, 2018.
For the Nuclear Regulatory Commission.
Andrea L. Kock,
Acting Director, Division of Materials Safety,
Security, State, and Tribal Programs, Office
of Nuclear Material Safety and Safeguards.
Appendix A
An Agreement Between the United States
Nuclear Regulatory Commission and the
State of Wyoming for the Discontinuance of
Certain Commission Regulatory Authority
and Responsibility Within the State
Pursuant to Section 274 of the Atomic
Energy Act of 1954, as Amended
Whereas, The United States Nuclear
Regulatory Commission (hereinafter referred
to as ‘‘the Commission’’) is authorized under
Section 274 of the Atomic Energy Act of
1954, as amended, 42 U.S.C. Section 2011 et
seq. (hereinafter referred to as ‘‘the Act’’), to
enter into agreements with the Governor of
any State providing for discontinuance of the
regulatory authority of the Commission
within the State under Chapters 6, 7, and 8,
and Section 161 of the Act with respect to
byproduct material as defined in Section
11e.(2) of the Act and source material
involved in the extraction or concentration of
uranium or thorium in source material or
ores at milling facilities; and,
Whereas, The Governor of the State of
Wyoming is authorized under Wyoming
Statute Section 35–11–2001 to enter into this
Agreement with the Commission; and,
Whereas, The Governor of the State of
Wyoming certified on November 14, 2017,
that the State of Wyoming (hereinafter
referred to as ‘‘the State’’) has a program for
the control of radiation hazards adequate to
protect public health and safety with respect
to the materials within the State covered by
this Agreement and that the State desires to
assume regulatory responsibility for such
materials; and,
Whereas, The Commission found on
[DATE] that the program of the State for the
regulation of the materials covered by this
Agreement is compatible with the
Commission’s program for the regulation of
such materials and is adequate to protect
public health and safety; and,
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Whereas, The State and the Commission
recognize the desirability and importance of
cooperation between the Commission and the
State in the formulation of standards for
protection against hazards of radiation and in
assuring that State and Commission programs
for protection against hazards of radiation
will be coordinated and compatible; and,
Whereas, The Commission and the State
recognize the desirability of the reciprocal
recognition of licenses, and of the granting of
limited exemptions from licensing of those
materials subject to this Agreement; and,
Whereas, This Agreement is entered into
pursuant to the Act;
Now, therefore, It is hereby agreed between
the Commission and the Governor of the
State of Wyoming acting on behalf of the
State as follows:
amozie on DSK3GDR082PROD with NOTICES1
Article I
Subject to the exceptions provided in
Articles II, IV, and V, the Commission shall
discontinue, as of the effective date of this
Agreement, the regulatory authority of the
Commission in the State under Chapters, 7,
and 8, and Section 161 of the Act with
respect to the following materials:
A. Byproduct material as defined in
Section 11e.(2) of the Act; and,
B. Source material involved in the
extraction or concentration of uranium or
thorium in source material or ores at uranium
or thorium milling facilities (hereinafter
referred to as ‘‘source material associated
with milling activities’’).
Article II
A. This Agreement does not provide for the
discontinuance of any authority, and the
Commission shall retain authority and
responsibility, with respect to:
1. Byproduct material as defined in Section
11e.(1) of the Act;
2. Byproduct material as defined in Section
11e.(3) of the Act;
3. Byproduct material as defined in Section
11e.(4) of the Act;
4. Source material except for source
material as defined in Article I.B. of this
Agreement;
5. Special nuclear material;
6. The regulation of the land disposal of
byproduct, source, or special nuclear
material received from other persons,
excluding 11e.(2) byproduct material or
source material described in Article I.A. and
B. of this Agreement;
7. The evaluation of radiation safety
information on sealed sources or devices
containing byproduct, source, or special
nuclear material and the registration of the
sealed sources or devices for distribution, as
provided for in regulations or orders of the
Commission;
8. The regulation of the construction and
operation of any production or utilization
facility or any uranium enrichment facility;
9. The regulation of the export from or
import into the United States of byproduct,
source, or special nuclear material, or of any
production or utilization facility;
10. The regulation of the disposal into the
ocean or sea of byproduct, source, or special
nuclear material waste as defined in the
regulations or orders of the Commission;
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11. The regulation of the disposal of such
other byproduct, source, or special nuclear
material as the Commission from time to time
determines by regulation or order should,
because of the hazards or potential hazards
thereof, not to be so disposed without a
license from the Commission;
12. The regulation of activities not exempt
from Commission regulation as stated in 10
CFR part 150;
13. The regulation of laboratory facilities
that are not located at facilities licensed
under the authority relinquished under
Article I.A. and B. of this Agreement; and,
14. Notwithstanding this Agreement, the
Commission shall retain regulatory authority
over the American Nuclear Corporation
license.
B. Notwithstanding this Agreement, the
Commission retains the following authorities
pertaining to byproduct material as defined
in Section 11e.(2) of the Act:
1. Prior to the termination of a State license
for such byproduct material, or for any
activity that results in the production of such
material, the Commission shall have made a
determination that all applicable standards
and requirements pertaining to such material
have been met.
2. The Commission reserves the authority
to establish minimum standards governing
reclamation, long-term surveillance or
maintenance, and ownership of such
byproduct material and of land used as its
disposal site for such material. Such reserved
authority includes:
a. The authority to establish terms and
conditions as the Commission determines
necessary to assure that, prior to termination
of any license for such byproduct material, or
for any activity that results in the production
of such material, the licensee shall comply
with decontamination, decommissioning,
and reclamation standards prescribed by the
Commission and with ownership
requirements for such material and its
disposal site;
b. The authority to require that prior to
termination of any license for such byproduct
material or for any activity that results in the
production of such material, title to such
byproduct material and its disposal site be
transferred to the United States or the State
at the option of the State (provided such
option is exercised prior to termination of the
license);
c. The authority to permit use of the
surface or subsurface estates, or both, of the
land transferred to the United States or a
State pursuant to paragraph 2.b. in this
section in a manner consistent with the
provisions of the Uranium Mill Tailings
Radiation Control Act of 1978, provided that
the Commission determines that such use
would not endanger public health, safety,
welfare, or the environment;
d. The authority to require, in the case of
a license for any activity that produces such
byproduct material (which license was in
effect on November 8, 1981), transfer of land
and material pursuant to paragraph 2.b. in
this section taking into consideration the
status of such material and land and interests
therein and the ability of the licensee to
transfer title and custody thereof to the
United States or a State;
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Fmt 4703
Sfmt 4703
e. The authority to require the Secretary of
the United States Department of Energy,
other Federal agency, or State, whichever has
custody of such byproduct material and its
disposal site, to undertake such monitoring,
maintenance, and emergency measures as are
necessary to protect public health and safety
and other actions as the Commission deems
necessary; and,
f. The authority to enter into arrangements
as may be appropriate to assure Federal longterm surveillance or maintenance of such
byproduct material and its disposal site on
land held in trust by the United States for
any Indian Tribe or land owned by an Indian
Tribe and subject to a restriction against
alienation imposed by the United States.
3. The Commission retains the authority to
reject any State request to terminate a license
that proposes to bifurcate the ownership of
11e.(2) byproduct material and its disposal
site between the State and the Federal
government. Upon passage of a revised
Wyoming Statute Section 35–11–2004(c) that
the NRC finds compatible with Section
83b.(1)(A) of the Act, this paragraph expires
and is no longer part of this Agreement.
Article III
With the exception of those activities
identified in Article II, A.8 through A.11, this
Agreement may be amended, upon
application by the State and approval by the
Commission to include one or more of the
additional activities specified in Article II,
A.1 through A.7, whereby the State may then
exert regulatory authority and responsibility
with respect to those activities.
Article IV
Notwithstanding this Agreement, the
Commission may from time to time by rule,
regulation, or order, require that the
manufacturer, processor, or producer of any
equipment, device, commodity, or other
product containing source, byproduct, or
special nuclear material shall not transfer
possession or control of such product except
pursuant to a license or an exemption for
licensing issued by the Commission.
Article V
This Agreement shall not affect the
authority of the Commission under
Subsection 161b. or 161i. of the Act to issue
rules, regulations, or orders to protect the
common defense and security, to protect
restricted data, or to guard against the loss or
diversion of special nuclear material.
Article VI
The Commission will cooperate with the
State and other Agreement States in the
formulation of standards and regulatory
programs of the State and the Commission for
protection against hazards of radiation and to
assure that Commission and State programs
for protection against hazards of radiation
will be coordinated and compatible. The
State agrees to cooperate with the
Commission and other Agreement States in
the formulation of standards and regulatory
programs of the State and the Commission for
protection against hazards of radiation and to
assure that the State’s program will continue
to be compatible with the program of the
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Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Notices
Commission for the regulation of materials
covered by this Agreement.
The State and the Commission agree to
keep each other informed of proposed
changes in their respective rules and
regulations and to provide each other the
opportunity for early and substantive
contribution to the proposed changes.
The State and the Commission agree to
keep each other informed of events,
accidents, and licensee performance that may
have generic implication or otherwise be of
regulatory interest.
Article VII
The Commission and the State agree that
it is desirable to provide reciprocal
recognition of licenses for the materials listed
in Article I licensed by the other party or by
any other Agreement State.
Accordingly, the Commission and the State
agree to develop appropriate rules,
regulations, and procedures by which
reciprocity will be accorded.
amozie on DSK3GDR082PROD with NOTICES1
Article VIII
A. The Commission, upon its own
initiative after reasonable notice and
opportunity for hearing to the State or upon
request of the Governor of the State, may
terminate or suspend all or part of this
agreement and reassert the licensing and
regulatory authority vested in it under the
Act if the Commission finds that (1) such
termination or suspension is required to
protect public health and safety, or (2) the
State has not complied with one or more of
the requirements of Section 274 of the Act.
1. This Agreement will terminate without
further NRC action if the State does not
amend Wyoming Statute Section 35–11–
2004(c) to be compatible with Section
83b.(1)(A) of the Act by the end of the 2019
Wyoming legislative session. Upon passage
of a revised Wyoming Statute Section 35–11–
2004(c) that the NRC finds compatible with
Section 83b.(1)(A) of the Act, this paragraph
expires and is no longer part of the
Agreement.
B. The Commission may also, pursuant to
Section 274j. of the Act, temporarily suspend
all or part of this agreement if, in the
judgment of the Commission, an emergency
situation exists requiring immediate action to
protect public health and safety and the State
has failed to take necessary steps. The
Commission shall periodically review actions
taken by the State under this Agreement to
ensure compliance with Section 274 of the
Act, which requires a State program to be
adequate to protect public health and safety
with respect to the materials covered by this
Agreement and to be compatible with the
Commission’s program.
Article IX
In the licensing and regulation of
byproduct material as defined in Section
11e.(2) of the Act, or of any activity that
results in production of such material, the
State shall comply with the provisions of
Section 274o. of the Act, if in such licensing
and regulation, the State requires financial
surety arrangements for reclamation or longterm surveillance and maintenance of such
material.
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A. The total amount of funds the State
collects for such purposes shall be
transferred to the United States if custody of
such material and its disposal site is
transferred to the United States upon
termination of the State license for such
material or any activity that results in the
production of such material. Such funds
include, but are not limited to, sums
collected for long-term surveillance or
maintenance. Such funds do not, however,
include monies held as surety where no
default has occurred and the reclamation or
other bonded activity has been performed;
and,
B. Such surety or other financial
requirements must be sufficient to ensure
compliance with those standards established
by the Commission pertaining to bonds,
sureties, and financial arrangements to
ensure adequate reclamation and long-term
management of such byproduct material and
its disposal site.
Article X
This Agreement shall become effective on
[date], and shall remain in effect unless and
until such time as it is terminated pursuant
to Article VIII.
Done at [location] this [date] day of
[month], 2018.
For the Nuclear Regulatory Commission.
Kristine L. Svinicki, Chairman.
Done at [location] this [date] day of
[month], 2018.
For the State of Wyoming.
Matthew H. Mead, Governor
[FR Doc. 2018–14175 Filed 7–9–18; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meetings
2:00 p.m. on Thursday,
July 12, 2018.
PLACE: Closed Commission Hearing
Room 10800.
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED:
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the closed meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B)
and (10) and 17 CFR 200.402(a)(3),
(a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and
(a)(10), permit consideration of the
scheduled matters at the closed meeting.
Commissioner Piwowar, as duty
officer, voted to consider the items
listed for the closed meeting in closed
session.
TIME AND DATE:
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The subject matters of the closed
meeting will be:
Institution and settlement of
injunctive actions;
Institution and settlement of
administrative proceedings;
Resolution of litigation claims; and
Other matters relating to enforcement
proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
CONTACT PERSON FOR MORE INFORMATION:
For further information and to ascertain
what, if any, matters have been added,
deleted or postponed; please contact
Brent J. Fields from the Office of the
Secretary at (202) 551–5400.
Dated: July 5, 2018.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2018–14790 Filed 7–6–18; 11:15 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No: SSA–2018–0030]
Agency Information Collection
Activities: Proposed Request and
Comment Request
The Social Security Administration
(SSA) publishes a list of information
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
Public Law 104–13, the Paperwork
Reduction Act of 1995, effective October
1, 1995. This notice includes revisions
of OMB-approved information
collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and ways to
minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, email, or
fax your comments and
recommendations on the information
collection(s) to the OMB Desk Officer
and SSA Reports Clearance Officer at
the following addresses or fax numbers.
(OMB)
Office of Management and Budget,
Attn: Desk Officer for SSA, Fax: 202–
395–6974, Email address: OIRA_
Submission@omb.eop.gov.
(SSA)
Social Security Administration,
OLCA, Attn: Reports Clearance Director,
3100 West High Rise, 6401 Security
Blvd., Baltimore, MD 21235, Fax: 410–
E:\FR\FM\10JYN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Notices]
[Pages 31981-31987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14175]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2018-0104]
State of Wyoming: NRC Staff Assessment of a Proposed Agreement
Between the Nuclear Regulatory Commission and the State of Wyoming
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed state agreement; request for comment.
-----------------------------------------------------------------------
SUMMARY: By letter dated November 14, 2017, Governor Matthew H. Mead of
the State of Wyoming requested that the U.S. Nuclear Regulatory
Commission (NRC or Commission) enter into an Agreement with the State
of Wyoming as authorized by Section 274b. of the Atomic Energy Act of
1954, as amended (AEA).
Under the proposed Agreement, the Commission would discontinue, and
the State of Wyoming would assume, regulatory authority over the
management and disposal of byproduct materials as defined in Section
11e.(2) of the AEA and a subcategory of source material associated with
uranium or thorium milling within the State. Pursuit to Commission
direction, the proposed Agreement would state that the NRC will retain
regulatory authority over the American Nuclear Corporation (ANC)
license.
As required by Section 274e. of the AEA, the NRC is publishing the
proposed Agreement for public comment. The NRC is also publishing the
summary of a draft assessment by the NRC staff of the State of
Wyoming's regulatory program. Comments are requested on the proposed
Agreement, especially its effect on public health and safety. Comments
are also requested on the draft staff assessment, the adequacy of the
State of Wyoming's program, and the State's program staff, as discussed
in this notice.
The proposed Agreement would exempt persons who possess or use
byproduct materials as defined in Section 11e.(2) of the AEA and a
subcategory of source material involved in the extraction or
concentration of uranium or thorium in source material or ores at
uranium or thorium milling facilities in the State of Wyoming from
portions of the Commission's regulatory authority. Radioactive
materials not covered by the proposed Agreement will continue to be
subject to the Commission's regulatory authority. Section 274e. of the
AEA requires that the NRC publish these exemptions. Notice is hereby
given that the pertinent exemptions have been previously
[[Page 31982]]
published in the Federal Register and are codified in the NRC's
regulations.
The NRC is giving notice once each week for four consecutive weeks
of the proposed Agreement. This is the second notice that has been
published.
DATES: Submit comments by July 26, 2018. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received before this
date.
ADDRESSES: You may submit comments by the following method:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0104. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Stephen Poy, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-7135, email:
[email protected]ov; or Paul Michalak, telephone: 301-415-5804, email:
[email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0104 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0104.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, at 301-415-4737, or by email to [email protected].
The draft application for a Section 274 Atomic Energy Act Agreement
from the State of Wyoming, the final Wyoming Agreement State
application, and the Draft Assessment of the Proposed Wyoming Program
for the Regulation of Agreement Materials documents are available in
ADAMS under Accession Nos. ML16300A294, ML17319A921, and ML18094B074.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2018-0104 in your comment submission.
The NRC cautions you not to include identifying or contact information
that you do not want to be publicly disclosed in your comment
submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Additional Information on Agreements entered under Section 274 of
the AEA
Since Section 274 of the AEA was added in 1959, the Commission has
entered into Agreements with 37 States (Agreement States). The 37
Agreement States currently regulate approximately 16,500 Agreement
material licenses, while the NRC regulates approximately 2,800
licenses. Under the proposed Agreement, 14 NRC uranium mill licenses
will transfer to the State of Wyoming. The NRC periodically reviews the
performance of the Agreement States to assure compliance with the
provisions of Section 274.
Section 274e. of the AEA requires that the terms of the proposed
Agreement be published in the Federal Register for public comment once
each week for four consecutive weeks. This notice is being published in
fulfillment of that requirement.
III. Proposed Agreement With the State of Wyoming
Background
(a) Section 274b. of the AEA provides the mechanism for a State to
assume regulatory authority from the NRC over certain radioactive
materials and activities that involve use of these materials. The
radioactive materials, sometimes referred to as ``Agreement
materials,'' are byproduct materials as defined in Sections 11e.(1),
11e.(2), 11e.(3), and 11e.(4) of the AEA; source material as defined in
Section 11z. of the AEA; and special nuclear material as defined in
Section 11aa. of the AEA, restricted to quantities not sufficient to
form a critical mass.
The radioactive materials and activities (which together are
usually referred to as the ``categories of materials'') that the State
of Wyoming requests authority over are the possession and use of
byproduct materials as defined in Section 11e.(2) of the AEA and a
subcategory of source material involved in the extraction or
concentration of uranium or thorium in source material or ores at
uranium or thorium milling facilities (source material associated with
milling activities).
(b) The proposed Agreement contains articles that
(i) Specify the materials and activities over which authority is
transferred;
(ii) Specify the materials and activities over which the Commission
will retain regulatory authority;
(iii) Continue the authority of the Commission to safeguard special
nuclear material, and restricted data and protect common defense and
security;
(iv) Commit the State of Wyoming and the NRC to exchange
information as necessary to maintain coordinated and compatible
programs;
(v) Provide for the reciprocal recognition of licenses;
(vi) Provide for the suspension or termination of the Agreement;
and
(vii) Specify the effective date of the proposed Agreement.
The Commission reserves the option to modify the terms of the
proposed Agreement in response to comments, to correct errors, and to
make editorial changes. The final text of the proposed Agreement, with
the effective date, will be published after the Agreement is approved
by the Commission and signed by the NRC Chairman and the Governor of
Wyoming.
(c) The regulatory program is authorized by law under the State of
Wyoming Statute Section 35-11-2001, which provides the Governor with
the authority to enter into an Agreement
[[Page 31983]]
with the Commission. The State of Wyoming law contains provisions for
the orderly transfer of regulatory authority over affected licensees
from the NRC to the State. In a letter dated November 14, 2017,
Governor Mead certified that the State of Wyoming has a program for the
control of radiation hazards that is adequate to protect public health
and safety within the State of Wyoming for the materials and activities
specified in the proposed Agreement, and that the State desires to
assume regulatory responsibility for these materials and activities.
After the effective date of the Agreement, licenses issued by NRC would
continue in effect as State of Wyoming licenses until the licenses
expire or are replaced by State-issued licenses.
(d) The NRC draft staff assessment finds that the Wyoming
Department of Environmental Quality, Land Quality Division, Uranium
Recovery Program, is adequate to protect public health and safety and
is compatible with the NRC program for the regulation of Agreement
materials. Pursuant to Commission direction, the proposed Agreement
includes a provision that the State of Wyoming has until the end of the
2019 legislative session to amend Wyoming Statute Section 35-11-2004(c)
to be compatible with AEA Section 83b.(1)(A), or the Agreement will
terminate without further NRC action. The proposed Agreement also
explicitly states that, prior to the requisite amendment of Wyoming
Statute Section 35-11-2004(c), the NRC will reject any State of Wyoming
request to terminate a license that proposes to bifurcate the ownership
of byproduct material and its disposal site between the State and the
Federal government. Pursuant to Commission direction, the Agreement
contains a provision that requires the State of Wyoming to revise
Statute Section 35-11-2004(c) during the next legislative session to be
compatible with AEA Section 83b.(1)(A). If the Wyoming Statute Section
35-11-2004(c) is not amended by the end of the 2019 legislative
session, the Agreement will terminate.
Summary of the Draft NRC Staff Assessment of the State of Wyoming's
Program for the Regulation of Agreement Materials
The NRC staff has examined the State of Wyoming's request for an
Agreement with respect to the ability of the State's radiation control
program to regulate Agreement materials. The examination was based on
the Commission's Policy Statement, ``Criteria for Guidance of States
and NRC in Discontinuance of NRC Regulatory Authority and Assumption
Thereof by States Through Agreement,'' (46 FR 7540; January 23, 1981,
as amended by Policy Statements published at 46 FR 36969; July 16,
1981, and at 48 FR 33376; July 21, 1983) (Policy Statement), and the
Office of Nuclear Material Safety and Safeguards Procedure SA-700,
``Processing an Agreement'' (available at https://scp.nrc.gov/procedures/sa700.pdf and https://scp.nrc.gov/procedures/sa700_hb.pdf).
The Policy Statement has 36 criteria that serve as the basis for the
NRC staff's assessment of the State of Wyoming's request for an
Agreement. The following section will reference the appropriate
criteria numbers from the Policy Statement that apply to each section.
(a) Organization and Personnel. These areas were reviewed under
Criteria 1, 2, 20, 24, 33, and 34 in the draft staff assessment. The
State of Wyoming's proposed Agreement materials program for the
regulation of radioactive materials is the Uranium Recovery Program.
The Uranium Recovery Program will be located within the existing Land
Quality Division of the Wyoming Department of Environmental Quality.
The educational requirements for the Uranium Recovery Program staff
members are specified in the State of Wyoming's personnel position
descriptions and meet the NRC criteria with respect to formal education
or combined education and experience requirements. All current staff
members hold a Bachelor of Science Degree or Master's Degree in one of
the following subject areas: Environmental science, health physics,
nuclear engineering, geology, or ecology. All have training and work
experience in radiation protection. Supervisory level staff have at
least 5 years of working experience in radiation protection, with most
having more than 10 years of experience.
The State of Wyoming performed an analysis of the expected workload
under the proposed Agreement. Based on the NRC staff review of the
State of Wyoming's analysis, the State has an adequate number of staff
to regulate radioactive materials under the terms of the proposed
Agreement. The State of Wyoming will employ the equivalent of 7.2 full-
time professional and technical staff to support the Uranium Recovery
Program.
The State of Wyoming has indicated that the Uranium Recovery
Program has an adequate number of trained and qualified staff in place.
The State of Wyoming has developed qualification procedures for license
reviewers and inspectors that are similar to the NRC's procedures. The
Uranium Recovery Program staff is accompanying the NRC staff on
inspections of NRC licensees in Wyoming. The Uranium Recovery Program
staff is also actively supplementing their experience through direct
meetings, discussions, and facility visits with the NRC licensees in
the State of Wyoming and through self-study, in-house training, and
formal training.
Overall, the NRC staff concluded that the Uranium Recovery Program
staff identified by the State of Wyoming to participate in the
Agreement materials program has sufficient knowledge and experience in
radiation protection, the use of radioactive materials, the standards
for the evaluation of applications for licensing, and the techniques of
inspecting licensed users of Agreement materials.
(b) Legislation and Regulations. These areas were reviewed under
Criteria 1-14, 17, 19, 21, and 23-33 in the draft staff assessment. The
Wyoming Statutes Sections 35-11-2001(a) through (c) provide the
authority to enter into the Agreement and establish the Wyoming
Department of Environmental Quality as the lead agency for the State's
Uranium Recovery Program. The Department has the requisite authority to
promulgate regulations under Wyoming Statute Section 35-11-2002(b) for
protection against radiation. The Wyoming Statutes Sections 35-11-2001
through 2005 also provide the Uranium Recovery Program the authority to
issue licenses and orders; conduct inspections; and enforce compliance
with regulations, license conditions, and orders. The Wyoming Statute
Section 35-11-2003(d) requires licensees to provide access to
inspectors.
The Wyoming Statute Section 35-11-2001(e) does not provide the
State of Wyoming with authority over independent or commercial
laboratories. Under the proposed Agreement, the NRC would retain
regulatory authority over laboratory facilities that are not located at
facilities licensed under the State of Wyoming's regulatory authority.
The State of Wyoming would only regulate laboratory facilities located
at uranium or thorium mills. The NRC staff verified that the State of
Wyoming adopted the relevant NRC regulations in parts 19, 20, 40, 71,
and 150 of title 10 of the Code of Federal Regulations (10 CFR), into
the Wyoming Uranium Recovery Program Rules Chapters 1 through 9.
Therefore, on the proposed effective date of the Agreement, the State
of Wyoming will have adopted an adequate and compatible set of
radiation protection regulations that apply to byproduct materials as
defined in Section 11e.(2) of the AEA and source
[[Page 31984]]
material associated with milling activities. The NRC staff also
verified that the State of Wyoming will not attempt to enforce
regulatory matters reserved to the Commission.
(c) Storage and Disposal. These areas were reviewed under Criteria
8, 9a, 11, 29, 30, 31, and 32 in the draft staff assessment. The State
of Wyoming has adopted NRC compatible requirements for the handling and
storage of radioactive material. The State of Wyoming has adopted an
adequate and compatible set of radiation protection regulations that
apply to byproduct material as defined in Section 11e.(2) of the AEA
and source material associated with milling activities.
As a result of the class of byproduct material it will be
regulating (Section 11e.(2) of the AEA), the State of Wyoming is not
required to have regulations compatible to 10 CFR part 61 for waste
disposal. Rather, the State of Wyoming is required to have regulations
that are compatible with 10 CFR part 40 for the disposal of byproduct
material as defined in Section 11e.(2) of the AEA and source material
associated with milling activities. The NRC staff confirmed that the
State of Wyoming has adopted regulations that are compatible with the
NRC regulations in 10 CFR part 40 for the disposal of byproduct
material and source material associated with milling activities, which
are equivalent to the applicable standards contained in 10 CFR part 61.
These regulations address the general requirements for waste
disposal and are applicable to all licensees covered under this
proposed Agreement.
The NRC staff identified one portion of the Wyoming Statute that is
potentially not compatible with NRC requirements. Section 83b.(1)(A) of
the AEA ensures that ownership of the byproduct material itself is
inseparable from the site on which it is disposed. Consequently, the
State of Wyoming has the option of taking title to the material and its
disposal site, but the Uranium Mill Tailings Radiation Control Act
(UMTRCA) does not permit a State to bifurcate ownership of the disposed
byproduct material and the property rights necessary to ensure its safe
disposal. The Wyoming Statute Section 35-11-2004(c), enacted in
anticipation of the State of Wyoming's assumption of the NRC's
regulatory authority for uranium and thorium milling, could permit the
bifurcation of the disposed byproduct material and its disposal site by
the State. As discussed in Criterion 30c. of the draft staff
assessment, this bifurcation of the land and the disposed byproduct
material could conflict with the AEA (as amended by UMTRCA), and
Article II.B.2.b. in the proposed Agreement.
Based on Commission direction, the NRC staff concluded that
Criterion 30c. is satisfied in the following manner: The Commission
could complete the process for the final application package for the
Agreement, including publishing the proposed Agreement for comment, by
noting that the Commission's finding of compatibility is contingent on
the State of Wyoming revising this provision, during the next
legislative session, to be compatible with AEA Section 83b.(1)(A).
Thus, an Agreement could be executed, but it would include a provision
that the State of Wyoming has until the end of the 2019 legislative
session to amend Wyoming Statute Section 35-11-2004(c) to be compatible
with AEA Section 83b.(1)(A), or the Agreement will terminate without
further NRC action. The Agreement would also explicitly state that the
NRC will reject any State of Wyoming request to terminate a license
that proposes to bifurcate the ownership of byproduct material and its
disposal site between the State and the federal government. The NRC
staff determined that there is little practical risk that the State of
Wyoming's current statutory provisions would result in the bifurcation
of the 11e.(2) byproduct material from the land since the NRC is
required to review and approve any State-proposed termination of a
uranium mill license.
(d) Transportation of Radioactive Material. This area was reviewed
under Criteria 10 and 35 in the draft staff assessment. The State of
Wyoming has adopted compatible regulations to the NRC regulations in 10
CFR part 71. Part 71 contains the requirements licensees must follow
when preparing packages containing radioactive material for transport.
Part 71 also contains requirements related to the licensing of
packaging for use in transporting radioactive materials.
(e) Recordkeeping and Incident Reporting. These areas were reviewed
under Criteria 1, 11, and 35 in the draft staff assessment. The State
of Wyoming has adopted compatible regulations to the sections of the
NRC regulations that specify requirements for licensees to keep records
and to report incidents or accidents involving the State's regulated
Agreement materials.
(f) Evaluation of License Applications. This area was reviewed
under Criteria 1, 7, 8, 9a, 13, 14, 20, 23, 25, and 29-35 in the draft
staff assessment. The State of Wyoming has adopted compatible
regulations to the NRC regulations that specify the requirements a
person must meet to get a license to possess or use radioactive
materials. The State of Wyoming has also developed a licensing
procedure manual, along with accompanying regulatory guides, which are
adapted from similar NRC documents and contain guidance for the program
staff when evaluating license applications.
(g) Inspections and Enforcement. These areas were reviewed under
Criteria 1, 16, 18, 19, 23, 35, and 36 in the draft staff assessment.
The State of Wyoming has adopted a schedule providing for the
inspection of licensees as frequently as, or more frequently than, the
inspection schedule used by the NRC. The State of Wyoming's Uranium
Recovery Program has adopted procedures for the conduct of inspections,
reporting of inspection findings, and reporting inspection results to
the licensees. Additionally, the State of Wyoming has also adopted
procedures for the enforcement of regulatory requirements.
(h) Regulatory Administration. This area was reviewed under
Criterion 23 in the draft staff assessment. The State of Wyoming is
bound by requirements specified in its State law for rulemaking,
issuing licenses, and taking enforcement actions. The State of Wyoming
has also adopted administrative procedures to assure fair and impartial
treatment of license applicants. The State of Wyoming law prescribes
standards of ethical conduct for State employees.
(i) Cooperation with Other Agencies. This area was reviewed under
Criteria 25, 26, and 27 in the draft staff assessment. The State of
Wyoming law provides for the recognition of existing NRC and Agreement
State licenses and the State has a process in place for the transition
of active NRC licenses. Upon the effective date of the Agreement, all
active uranium recovery NRC licenses issued to facilities in the State
of Wyoming, with the exception of the ANC license, will be recognized
as Wyoming Department of Environmental Quality licenses.
The State of Wyoming also provides for ``timely renewal.'' This
provision affords the continuance of licenses for which an application
for renewal has been filed more than 30 days prior to the date of
expiration of the license. NRC licenses transferred while in timely
renewal are included under the continuation provision.
The State of Wyoming regulations, in Chapter 4, Section 6(d),
provide exemptions from the State's requirements for the NRC and the
U.S. Department of Energy contractors or subcontractors; the exemptions
must be authorized by law and determined not
[[Page 31985]]
to endanger life or property and to otherwise be in the public
interest. The proposed Agreement commits the State of Wyoming to use
its best efforts to cooperate with the NRC and the other Agreement
States in the formulation of standards and regulatory programs for the
protection against hazards of radiation, and to assure that the State's
program will continue to be compatible with the Commission's program
for the regulation of Agreement materials. The proposed Agreement
specifies the desirability of reciprocal recognition of licenses, and
commits the Commission and the State of Wyoming to use their best
efforts to accord such reciprocity. The State of Wyoming would be able
to recognize the licenses of other jurisdictions by order or specific
license.
There are six UMTRCA Title II sites in the State of Wyoming (ADAMS
Accession No. ML16300A294) undergoing decommissioning. These sites are:
(1) Anadarko Bear Creek, Powder River Basin; (2) Pathfinder, Lucky Mc,
Gas Hills; (3) Umetco Minerals Corporation, Gas Hills; (4) Western
Nuclear Inc., Split Rock, Jeffrey City; (5) Exxon Mobile, Highlands,
Converse County; and (6) ANC, Gas Hills.
The State of Wyoming indicated it was opposed to assuming
regulatory authority over the ANC site because the licensee is
insolvent. To address the State of Wyoming's proposed exclusion of the
ANC site from the proposed Agreement, the NRC staff provided SECY-17-
0081 ``Status and Resolution of Issues Associated with the Transfer of
Six Decommissioning Uranium Mill Sites to the State of Wyoming'' (ADAMS
Accession No. ML17087A355) to the Commission. In SRM-SECY-17-0081
(ADAMS Accession No. ML17277A783), the Commission approved the NRC
staff's recommendation for the NRC to retain regulatory authority over
the ANC site and stated that the Commission's retention of the ANC site
``is not a change to the Commission's current Agreement State policy,
but is instead an exception to that policy based on case-specific
facts.'' Article II.A.14. of the proposed Agreement specifies that the
Commission retains regulatory authority over the ANC license.
With regard to the five other decommissioning UMTRCA sites, the NRC
staff has developed a draft Memorandum of Understanding (MOU) between
the NRC and the State of Wyoming as a separate document from the
proposed Agreement. The objective of the MOU is to delineate specific
actions that the NRC and the State of Wyoming would take to verify
completion of the decommissioning of these sites. The MOU has been
drafted and the NRC staff is currently working with the State of
Wyoming to delineate how license termination will be addressed for each
of the five sites. An assessment of the decommissioning status of the
five UMTRCA sites and the activities that need to be completed prior to
license termination (ADAMS Accession No. ML17040A501) has been
completed. Once the MOU is completed and signed by both the NRC and the
State of Wyoming, it will be published in the Federal Register.
Staff Conclusion
Section 274d. of the AEA provides that the Commission shall enter
into an Agreement under Section 274b. with any State if:
(a) The Governor of the State certifies that the State has a
program for the control of radiation hazards adequate to protect public
health and safety with respect to the Agreement materials within the
State and that the State desires to assume regulatory responsibility
for the Agreement materials; and
(b) The Commission finds that the State program is in accordance
with the requirements of Subsection 274o. and in all other respects
compatible with the Commission's program for the regulation of
materials, and that the State program is adequate to protect public
health and safety with respect to the materials covered by the proposed
Agreement.
The NRC staff has reviewed the proposed Agreement, the
certification of Wyoming Governor Mead, and the supporting information
provided by the Uranium Recovery Program of the Wyoming Department of
Environmental Quality and Wyoming's Office of the Attorney General.
Based upon this review, the NRC staff concludes that the State of
Wyoming Uranium Recovery Program satisfies the Section 274d. criteria
as well as the criteria in the Commission's Policy Statement ``Criteria
for Guidance of States and NRC in Discontinuance of NRC Regulatory
Authority and Assumption Thereof by States Through Agreement.'' As
noted above, the proposed Agreement includes a provision that the State
of Wyoming has until the end of the 2019 legislative session to amend
Wyoming Statute Section 35-11-2004(c) to be compatible with AEA Section
83b.(1)(A) or the Agreement will terminate without further NRC action.
The proposed Agreement also explicitly states that the NRC will reject
any State of Wyoming request to terminate a license that proposes to
bifurcate the ownership of byproduct material and its disposal site
between the State and the Federal government. Pursuant to Commission
direction, the NRC staff finding of compatibility is contingent on the
State of Wyoming revising Wyoming Statute Section 35-11-2004(c) during
the next legislative session to be compatible with AEA Section
83b.(1)(A). The proposed State of Wyoming program to regulate Agreement
materials, as comprised of statutes, regulations, procedures, and
staffing is compatible with the Commission's program and is adequate to
protect public health and safety with respect to the materials covered
by the proposed Agreement. Therefore, the proposed Agreement meets the
requirements of Section 274 of the AEA.
Dated at Rockville, Maryland, this 27th day of June, 2018.
For the Nuclear Regulatory Commission.
Andrea L. Kock,
Acting Director, Division of Materials Safety, Security, State, and
Tribal Programs, Office of Nuclear Material Safety and Safeguards.
Appendix A
An Agreement Between the United States Nuclear Regulatory Commission
and the State of Wyoming for the Discontinuance of Certain Commission
Regulatory Authority and Responsibility Within the State Pursuant to
Section 274 of the Atomic Energy Act of 1954, as Amended
Whereas, The United States Nuclear Regulatory Commission
(hereinafter referred to as ``the Commission'') is authorized under
Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C.
Section 2011 et seq. (hereinafter referred to as ``the Act''), to
enter into agreements with the Governor of any State providing for
discontinuance of the regulatory authority of the Commission within
the State under Chapters 6, 7, and 8, and Section 161 of the Act
with respect to byproduct material as defined in Section 11e.(2) of
the Act and source material involved in the extraction or
concentration of uranium or thorium in source material or ores at
milling facilities; and,
Whereas, The Governor of the State of Wyoming is authorized
under Wyoming Statute Section 35-11-2001 to enter into this
Agreement with the Commission; and,
Whereas, The Governor of the State of Wyoming certified on
November 14, 2017, that the State of Wyoming (hereinafter referred
to as ``the State'') has a program for the control of radiation
hazards adequate to protect public health and safety with respect to
the materials within the State covered by this Agreement and that
the State desires to assume regulatory responsibility for such
materials; and,
Whereas, The Commission found on [DATE] that the program of the
State for the regulation of the materials covered by this Agreement
is compatible with the Commission's program for the regulation of
such materials and is adequate to protect public health and safety;
and,
[[Page 31986]]
Whereas, The State and the Commission recognize the desirability
and importance of cooperation between the Commission and the State
in the formulation of standards for protection against hazards of
radiation and in assuring that State and Commission programs for
protection against hazards of radiation will be coordinated and
compatible; and,
Whereas, The Commission and the State recognize the desirability
of the reciprocal recognition of licenses, and of the granting of
limited exemptions from licensing of those materials subject to this
Agreement; and,
Whereas, This Agreement is entered into pursuant to the Act;
Now, therefore, It is hereby agreed between the Commission and
the Governor of the State of Wyoming acting on behalf of the State
as follows:
Article I
Subject to the exceptions provided in Articles II, IV, and V,
the Commission shall discontinue, as of the effective date of this
Agreement, the regulatory authority of the Commission in the State
under Chapters, 7, and 8, and Section 161 of the Act with respect to
the following materials:
A. Byproduct material as defined in Section 11e.(2) of the Act;
and,
B. Source material involved in the extraction or concentration
of uranium or thorium in source material or ores at uranium or
thorium milling facilities (hereinafter referred to as ``source
material associated with milling activities'').
Article II
A. This Agreement does not provide for the discontinuance of any
authority, and the Commission shall retain authority and
responsibility, with respect to:
1. Byproduct material as defined in Section 11e.(1) of the Act;
2. Byproduct material as defined in Section 11e.(3) of the Act;
3. Byproduct material as defined in Section 11e.(4) of the Act;
4. Source material except for source material as defined in
Article I.B. of this Agreement;
5. Special nuclear material;
6. The regulation of the land disposal of byproduct, source, or
special nuclear material received from other persons, excluding
11e.(2) byproduct material or source material described in Article
I.A. and B. of this Agreement;
7. The evaluation of radiation safety information on sealed
sources or devices containing byproduct, source, or special nuclear
material and the registration of the sealed sources or devices for
distribution, as provided for in regulations or orders of the
Commission;
8. The regulation of the construction and operation of any
production or utilization facility or any uranium enrichment
facility;
9. The regulation of the export from or import into the United
States of byproduct, source, or special nuclear material, or of any
production or utilization facility;
10. The regulation of the disposal into the ocean or sea of
byproduct, source, or special nuclear material waste as defined in
the regulations or orders of the Commission;
11. The regulation of the disposal of such other byproduct,
source, or special nuclear material as the Commission from time to
time determines by regulation or order should, because of the
hazards or potential hazards thereof, not to be so disposed without
a license from the Commission;
12. The regulation of activities not exempt from Commission
regulation as stated in 10 CFR part 150;
13. The regulation of laboratory facilities that are not located
at facilities licensed under the authority relinquished under
Article I.A. and B. of this Agreement; and,
14. Notwithstanding this Agreement, the Commission shall retain
regulatory authority over the American Nuclear Corporation license.
B. Notwithstanding this Agreement, the Commission retains the
following authorities pertaining to byproduct material as defined in
Section 11e.(2) of the Act:
1. Prior to the termination of a State license for such
byproduct material, or for any activity that results in the
production of such material, the Commission shall have made a
determination that all applicable standards and requirements
pertaining to such material have been met.
2. The Commission reserves the authority to establish minimum
standards governing reclamation, long-term surveillance or
maintenance, and ownership of such byproduct material and of land
used as its disposal site for such material. Such reserved authority
includes:
a. The authority to establish terms and conditions as the
Commission determines necessary to assure that, prior to termination
of any license for such byproduct material, or for any activity that
results in the production of such material, the licensee shall
comply with decontamination, decommissioning, and reclamation
standards prescribed by the Commission and with ownership
requirements for such material and its disposal site;
b. The authority to require that prior to termination of any
license for such byproduct material or for any activity that results
in the production of such material, title to such byproduct material
and its disposal site be transferred to the United States or the
State at the option of the State (provided such option is exercised
prior to termination of the license);
c. The authority to permit use of the surface or subsurface
estates, or both, of the land transferred to the United States or a
State pursuant to paragraph 2.b. in this section in a manner
consistent with the provisions of the Uranium Mill Tailings
Radiation Control Act of 1978, provided that the Commission
determines that such use would not endanger public health, safety,
welfare, or the environment;
d. The authority to require, in the case of a license for any
activity that produces such byproduct material (which license was in
effect on November 8, 1981), transfer of land and material pursuant
to paragraph 2.b. in this section taking into consideration the
status of such material and land and interests therein and the
ability of the licensee to transfer title and custody thereof to the
United States or a State;
e. The authority to require the Secretary of the United States
Department of Energy, other Federal agency, or State, whichever has
custody of such byproduct material and its disposal site, to
undertake such monitoring, maintenance, and emergency measures as
are necessary to protect public health and safety and other actions
as the Commission deems necessary; and,
f. The authority to enter into arrangements as may be
appropriate to assure Federal long-term surveillance or maintenance
of such byproduct material and its disposal site on land held in
trust by the United States for any Indian Tribe or land owned by an
Indian Tribe and subject to a restriction against alienation imposed
by the United States.
3. The Commission retains the authority to reject any State
request to terminate a license that proposes to bifurcate the
ownership of 11e.(2) byproduct material and its disposal site
between the State and the Federal government. Upon passage of a
revised Wyoming Statute Section 35-11-2004(c) that the NRC finds
compatible with Section 83b.(1)(A) of the Act, this paragraph
expires and is no longer part of this Agreement.
Article III
With the exception of those activities identified in Article II,
A.8 through A.11, this Agreement may be amended, upon application by
the State and approval by the Commission to include one or more of
the additional activities specified in Article II, A.1 through A.7,
whereby the State may then exert regulatory authority and
responsibility with respect to those activities.
Article IV
Notwithstanding this Agreement, the Commission may from time to
time by rule, regulation, or order, require that the manufacturer,
processor, or producer of any equipment, device, commodity, or other
product containing source, byproduct, or special nuclear material
shall not transfer possession or control of such product except
pursuant to a license or an exemption for licensing issued by the
Commission.
Article V
This Agreement shall not affect the authority of the Commission
under Subsection 161b. or 161i. of the Act to issue rules,
regulations, or orders to protect the common defense and security,
to protect restricted data, or to guard against the loss or
diversion of special nuclear material.
Article VI
The Commission will cooperate with the State and other Agreement
States in the formulation of standards and regulatory programs of
the State and the Commission for protection against hazards of
radiation and to assure that Commission and State programs for
protection against hazards of radiation will be coordinated and
compatible. The State agrees to cooperate with the Commission and
other Agreement States in the formulation of standards and
regulatory programs of the State and the Commission for protection
against hazards of radiation and to assure that the State's program
will continue to be compatible with the program of the
[[Page 31987]]
Commission for the regulation of materials covered by this
Agreement.
The State and the Commission agree to keep each other informed
of proposed changes in their respective rules and regulations and to
provide each other the opportunity for early and substantive
contribution to the proposed changes.
The State and the Commission agree to keep each other informed
of events, accidents, and licensee performance that may have generic
implication or otherwise be of regulatory interest.
Article VII
The Commission and the State agree that it is desirable to
provide reciprocal recognition of licenses for the materials listed
in Article I licensed by the other party or by any other Agreement
State.
Accordingly, the Commission and the State agree to develop
appropriate rules, regulations, and procedures by which reciprocity
will be accorded.
Article VIII
A. The Commission, upon its own initiative after reasonable
notice and opportunity for hearing to the State or upon request of
the Governor of the State, may terminate or suspend all or part of
this agreement and reassert the licensing and regulatory authority
vested in it under the Act if the Commission finds that (1) such
termination or suspension is required to protect public health and
safety, or (2) the State has not complied with one or more of the
requirements of Section 274 of the Act.
1. This Agreement will terminate without further NRC action if
the State does not amend Wyoming Statute Section 35-11-2004(c) to be
compatible with Section 83b.(1)(A) of the Act by the end of the 2019
Wyoming legislative session. Upon passage of a revised Wyoming
Statute Section 35-11-2004(c) that the NRC finds compatible with
Section 83b.(1)(A) of the Act, this paragraph expires and is no
longer part of the Agreement.
B. The Commission may also, pursuant to Section 274j. of the
Act, temporarily suspend all or part of this agreement if, in the
judgment of the Commission, an emergency situation exists requiring
immediate action to protect public health and safety and the State
has failed to take necessary steps. The Commission shall
periodically review actions taken by the State under this Agreement
to ensure compliance with Section 274 of the Act, which requires a
State program to be adequate to protect public health and safety
with respect to the materials covered by this Agreement and to be
compatible with the Commission's program.
Article IX
In the licensing and regulation of byproduct material as defined
in Section 11e.(2) of the Act, or of any activity that results in
production of such material, the State shall comply with the
provisions of Section 274o. of the Act, if in such licensing and
regulation, the State requires financial surety arrangements for
reclamation or long-term surveillance and maintenance of such
material.
A. The total amount of funds the State collects for such
purposes shall be transferred to the United States if custody of
such material and its disposal site is transferred to the United
States upon termination of the State license for such material or
any activity that results in the production of such material. Such
funds include, but are not limited to, sums collected for long-term
surveillance or maintenance. Such funds do not, however, include
monies held as surety where no default has occurred and the
reclamation or other bonded activity has been performed; and,
B. Such surety or other financial requirements must be
sufficient to ensure compliance with those standards established by
the Commission pertaining to bonds, sureties, and financial
arrangements to ensure adequate reclamation and long-term management
of such byproduct material and its disposal site.
Article X
This Agreement shall become effective on [date], and shall
remain in effect unless and until such time as it is terminated
pursuant to Article VIII.
Done at [location] this [date] day of [month], 2018.
For the Nuclear Regulatory Commission.
Kristine L. Svinicki, Chairman.
Done at [location] this [date] day of [month], 2018.
For the State of Wyoming.
Matthew H. Mead, Governor
[FR Doc. 2018-14175 Filed 7-9-18; 8:45 am]
BILLING CODE 7590-01-P
