Adams

UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

Mr. David Adams, CHP, Manager

Uranium Recovery Program

Wyoming Department of Environmental Quality

200 West 17th Street, Suite 10

Cheyenne, WY 82002

Dear Mr. Adams:

We have reviewed your email dated July 8, 2021, transmitting the Wyoming Legislation in 

Article 15, “Radioactive Waste Storage Facilities,” and Article 21, “Small Modular Nuclear 

Reactors.”

The Nuclear Regulatory Commission (NRC) regulates the civilian use of radioactive materials to 

provide reasonable assurance of adequate protection of the public health and safety and to 

promote the common defense and security and to protect the environment. Section 274 of the 

Atomic Energy Act of 1954, as amended (AEA), allows the NRC to discontinue, and a state to 

assume through a Section 274 Agreement and a compatible regulatory program, certain 

regulatory authorities over materials enumerated in Section 274b. of the AEA.1 These materials 

are byproduct material, source material, and special nuclear materials in quantities not sufficient 

to form a critical mass. Section 274c. of the AEA also requires the NRC to retain authority and 

responsibility with respect to regulation of the construction and operation of any production or 

utilization facility; this would include a small modular nuclear reactor. In addition, the NRC has 

determined that the disposal or storage of high-level radioactive waste requires a license from 

the Commission (10 CFR § 150.15(a)).

On September 25, 2018, Wyoming entered into a Section 274 Agreement where the NRC 

discontinued, and Wyoming assumed regulatory authority over byproduct material as defined in 

Section 11e.(2) of the AEA, and source material involved in the extraction or concentration of 

uranium or thorium in source material or ores at uranium or thorium milling facilities. Wyoming 

does not have authority under its Section 274 Agreement to regulate disposal and storage of 

high-level waste or the construction of any production or utilization facility, including a small 

modular nuclear reactor. Moreover, as explained above, the NRC could not discontinue 

authority to regulate these activities.

In addition to being outside the scope of the Wyoming Agreement, Articles 15 and 21 of the 

legislation raise potential preemption concerns because they appear to be motivated by 

concerns for radiological safety and may present an obstacle to the NRC’s regulation of 

production or utilization facilities, or spent fuel storage facilities, in the State of Wyoming.

1 The AEA can be found in NUREG-0980, Vol. 1, “Nuclear Regulatory Legislation: 113th Congress.”

August 31, 2021
D. Adams -2-

The State Regulation Status (SRS) Data Sheet summarizes our knowledge of the status of 

other Wyoming regulations, legislation, and legally binding requirements, as indicated. Please 

let us know if you note any inaccuracies or have any comments on the information contained in 

the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the Office of 

Nuclear Material Safety and Safeguards Web site: http://scp.nrc.gov/rulemaking.html. If you 

have any questions regarding the review, please contact Michelle Beardsley, State Regulation 

Review Coordinator (Michelle.Beardsley@nrc.gov).

Sincerely,

Brian C. Anderson, Chief

State Agreement and Liaison Programs Branch

Division of Material Safety, Security, State,

 and Tribal Programs

Office of Nuclear Material Safety

 and Safeguards

Signed by Anderson, Brian

 on 08/31/21
STATE REGULATION STATUS

State: Wyoming Tracking Ticket Number: 21-40

Date: August 31, 2021

[ # amendment(s) reviewed identified by a * at the

beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming

Letter

Outgoing 

Package

Notes

NA Wyoming Enabling Legislation

Wyoming House Bill HB0027

NA Proposed

ML15225A439

Revised Proposed

ML15324A391

Revised Proposed

ML17319A925

Revised Proposed

ML19004A444

Final Agreement

ML18267A261

09/30/2018

Comments

9/28/2015

ML15225A433

Comments

09/26/2016

ML15324A388

Comments

02/28/2018

ML18032A380

No Comments

01/23/2019

ML19004A436
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming

Letter

Outgoing 

Package

Notes

NA Wyoming DEQ Regulations to 10 CFR Part 20

Chapter 1: General Provisions

Chapter 3: Radiation Protection Standards

NA Proposed

ML16014A133

Revised Proposed

ML16097A348

Final

ML17319A925

Comments

03/15/2016

ML16014A131

Comments

10/03/2016

ML16097A339

No Comments

02/18/2018

ML18032A380

NA Wyoming DEQ Regulations to 10 CFR Parts 19 

and 71

Chapter 1: General Provisions

Chapter 5: Notice, Instructions and Reports to 

Workers

Chapter 9: Transportation of Licensed Material

Chapter 10: Risk-Informed and Performance 

Based Licensing and Inspection

NA Proposed

ML16095A093

Final

ML17319A925

Comments

07/25/2016

ML16095A091

No Comments

02/18/2018

ML18032A380

NA Wyoming DEQ Regulations to 10 CFR Parts 40 

and 150

Chapter 1: General Provisions

Chapter 4: Licensing Requirements for Source 

and Byproduct Material

Chapter 6: Financial Assurance

Chapter 10: General Licenses

NA Proposed

ML16194A168

Final

ML17319A925

Comments

10/13/2016

ML16194A048

No Comments

02/18/2018

ML18032A380

2018-2 Miscellaneous Corrections –

Organizational Changes

10 CFR Parts 37, 40. 70 and 71

12/21/2021 ML19030B773 ML19030B770

01/30/2019

This rulemaking does not contain 

provisions applicable to Wyoming’s 

program.

2018-3 Miscellaneous Corrections

Parts 1, 2, 34, 37, 50, 71, 73, and 140

07/30/2022
RATS ID NRC Chronology Identification Date Due for 

State Adoption

Incoming

Letter

Outgoing 

Package

Notes

2019-1 Miscellaneous Corrections

Parts 2, 21, 37, 50, 52, 73, and 110

12/18/2022

2019-2 Organizational Changes and Conforming 

Amendments

Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 

100, 140, and 150

12/30/2022

2020-1 Individual Monitoring Devices

10 CFR Parts 34, 36, and 39

06/16/2023

2020-2 Social Security Number Fraud Prevention

10 CFR Parts 9 and 35

08/17/2023

2020-3 Miscellaneous Corrections

10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 

50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 

76, 110, and 140

11/16/2023

*NA Legislation, Articles 15 and 21 NA ML21194A144 Comments

08/31/2021

ML21194A077