UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

July 25, 2016

Mr. Kyle Wendtland

Administrator

Wyoming Department of Environmental Quality

Land Quality Division

200 W. 17th Street

Cheyenne, WY 82002

Dear Mr. Wendtland: 

We have reviewed the proposed revisions to the Wyoming regulations Chapter 5, Notice, 

Instruction, and Reports; Chapter 9, Transportation of Licensed Material; Chapter 10, Risk 

Informed Performance Based Licensing and Inspection; and Chapter 1, General Provisions, 

received by our office on March 29, 2016. These regulations were reviewed by comparison to 

the equivalent U.S. Nuclear Regulatory Commission (NRC) regulations in Title 10 of the Code of 

Federal Regulations (10 CFR) Parts 19 and 71. We discussed our review of the regulations 

with Ryan Schierman on July 20, 2016. 

As a result of our review, we have 19 comments that have been identified in the enclosure. 

Please note that we have limited our review to regulations required for compatibility and/or 

health and safety. Under our current procedure, a finding that the Wyoming regulations meet 

the compatibility and health and safety categories of the equivalent NRC regulation may only be 

made based on a review of the final Wyoming regulations. However, we have determined that if 

your proposed regulations were adopted, incorporating our comments and without other 

significant change, they would meet the compatibility and health and safety categories 

established in the Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, 

“Compatibility Categories and Health and Safety Identification for NRC Regulations and Other

Program Elements.”

We request that when the proposed regulations are adopted and published as final regulations, 

a copy of the “as published” regulations be provided to us for review. As requested in NMSS

Procedure SA-201, “Review of State Regulatory Requirements,” please highlight the final 

changes, and provide a copy to Division of Material Safety, State, Tribal, and Rulemaking 

Programs, NMSS. 

The SRS Data Sheet summarizes our knowledge of the status of other Wyoming regulations, 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 NMSS State Communication Portal: https://scp.nrc.gov/rulemaking.html. 
K. Wendtland -2- 

If you have any questions regarding the comments, the compatibility and health and safety 

categories, or any of the NRC regulations used in the review, please contact Michelle 

Beardsley, State Regulation Review Coordinator, at (610) 337-6942 

Michelle.Beardsley@nrc.gov) or Stephen Poy at (301) 415-7135 (Stephen.Poy@nrc.gov).

Sincerely,

/RA/

PMichalak for PHenderson

Pamela J. Henderson, Deputy Director

Division of Material Safety, State, Tribal

 and Rulemaking Programs

Office of Nuclear Material Safety

 and Safeguards

Enclosures:

1. Compatibility Comments

2. Wyoming SRS Data Sheet
Enclosure 1

COMPATIBILITY COMMENTS ON WYOMING PROPOSED REGULATIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 Chapter 9 §71.0(c) N/A B Purpose and Scope 

Wyoming needs to add the phrase 

“specific or general” to their 

equivalent of 10 CFR 71.0(c) so that 

the statement reads, “This Chapter 

applies to any license authorized by 

specific or general license issued by 

the Department to receive, possess, 

use, or transfer licensed material, if 

the licensee delivers that material to 

a carrier for transport, transports the 

material outside the site of usage as 

specified in the license, or 

transports that material on public 

highways.”

Wyoming needs to make the 

changes indicated above in order to 

meet the Compatibility Category B 

designation assigned to 10 CFR 

71.0(c). 

2 Chapter 9 §71.4 N/A B Definition: Certificate Holder

Wyoming omits equivalent 

requirements for the definition of 

Certificate Holder. 

Wyoming needs to submit a definition 

of Certificate Holder in order to meet 

the Compatibility Category B

designation assigned to 10 CFR 

71.4.
2

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

3 Chapter 9 §71.4 N/A B Definition: Certificate of 

Compliance (CoC)

Wyoming omits equivalent 

requirements for the definition of 

Certificate of Compliance.

Wyoming needs to submit a definition 

of Certificate of Compliance in order 

to meet the Compatibility Category B

designation assigned to 10 CFR 

71.4.

4 Chapter 9 §71.4 N/A B Definition: Package

Wyoming omits equivalent 

requirements for the definition of 

Package.

Wyoming needs to revise Chapter 9 

Section 3(d) to clarify the difference 

between its definition of the terms 

package and packaging.

Wyoming needs to submit a definition 

of Package in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.4.
3

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

5 Chapter 9 §71.4 N/A B Definition: Packaging

Wyoming omits equivalent 

requirements for the definition of 

Packaging.

Wyoming needs to revise Chapter 9 

Section 3(d) to clarify the difference 

between its definition of the terms 

package and packaging.

Wyoming needs to submit a definition 

of Packaging in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.4.

6 Chapter 9 §71.8 N/A C Deliberate misconduct 

Wyoming omits equivalent 

requirements for 10 CFR 71.8.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.8.

7 Chapter 9 §71.17 N/A B General license: NRC-approved 

package 

Wyoming omits equivalent 

requirements for 10 CFR 71.17.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.17.
4

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

8 Chapter 9 §71.21 N/A B General license: Use of foreign 

approved package 

Wyoming omits equivalent 

requirements for 10 CFR 71.21.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.21.

9 Chapter 9 §71.85(d) N/A B Preliminary determinations

Wyoming omits equivalent 

requirements for 10 CFR 71.85(d).

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 71.85.

10 Chapter 9 §71.101(a), (b), 

& (c)(1)

N/A C

Quality assurance requirements 

Wyoming omits equivalent 

requirements for 10 CFR 71.101(a), 

(b), and (c)(1).

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.101(a), (b), 

and (c)(1).
5

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

11 Chapter 9 §71.103(a) & (b) N/A C Quality assurance organization 

Wyoming omits equivalent 

requirements for 10 CFR 71.103(a) 

and (b).

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.103(a) and 

(b).

12 Chapter 9 §71.105 N/A C Quality assurance program 

Wyoming omits equivalent 

requirements for 10 CFR 71.105.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.105.

13 Chapter 9 §71.106 N/A C Changes to quality assurance 

program 

Wyoming omits equivalent 

requirements for 10 CFR 71.106.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.106.
6

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

14 Chapter 9 §71.127 N/A C Handling, storage, and shipping 

control 

Wyoming omits equivalent 

requirements for 10 CFR 71.127.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.127.

15 Chapter 9 §71.129 N/A C Inspection, test, and operating 

status 

Wyoming omits equivalent 

requirements for 10 CFR 71.129.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.129.

16 Chapter 9 §71.131 N/A C Nonconforming materials, parts, or 

components 

Wyoming omits equivalent 

requirements for 10 CFR 71.131.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.131.
7

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

17 Chapter 9 §71.133 N/A C Corrective action 

Wyoming omits equivalent 

requirements for 10 CFR 71.133.

Wyoming needs to submit

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.133.

18 Chapter 9 §71.135 N/A C Quality assurance records 

Wyoming omits equivalent 

requirements for 10 CFR 71.135.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.135.

19 Chapter 9 §71.137 N/A C Audits

Wyoming omits equivalent 

requirements for 10 CFR 71.137.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 71.137.
Enclosure 2

STATE REGULATION STATUS

State: Wyoming Tracking Ticket Number: 16-62

Date: 07/25/2016

Wyoming Submittal Description Incoming 

Letter

Outgoing 

Package

Notes

Proposed Enabling Legislation

Wyoming House Bill HB0027

ML15225A439

8/13/2015

Comments

9/28/2015

ML15225A433

Revised Proposed Enabling Legislation

Proposed Wyoming Statutes 35-11-103 and 35-11-2001 through 

-2004; Wyoming Statutes 16-3-101 through -106; Wyoming 

Statutes 6-5-101 through -108, -110, -111, -113, and -118; 

Wyoming Statutes 9-13-102 through -106, -108, and -109. 

ML15324A391

11/19/2015

Wyoming DEQ Proposed Regulations to 10 CFR Part 20

Chapter 1: General Provisions

Chapter 3: Radiation Protection Standards

ML16014A133

1/11/2016

Comments

03/15/2016

ML16014A131

Wyoming DEQ Proposed 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

ML16095A093

03/29/2016

Comments

07/25/2016

ML16095A091