UNITED STATES

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001

March 15, 2016 

Mr. Ryan Schierman 

Program Manager of Natural Resources 

Wyoming Department of Environmental Quality 

Land Quality Division 

122 W. 25th Street 

Herschler 4W 

Cheyenne, WY 82002

Dear Mr. Schierman: 

We have reviewed the proposed revisions to the Wyoming regulations Chapter 1, General 

Provisions, and Chapter 3, Radiation Protection Standards, received by our office on 

January 11, 2016. These regulations were reviewed by comparison to the equivalent 

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

Federal Regulations (CFR) Part 20. Regulations that do not directly correspond to the Part 20 

requirements will be reviewed when we receive regulatory packages showing their relationship 

to the other relevant provisions in the Title 10 of the CFR. We discussed our review of the 

regulations with you on March 14, 2016. 

As a result of our review, we have 37 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 State Regulation Status (SRS) Data Sheet summarizes our knowledge of the status of 

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. 
R. Schierman -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 (267) 884-2305

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

Sincerely, 

Pamela J. Henderson, Deputy Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosure: 

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 1,

General 

Provisions,

Sections 2-3

20.1001

20.1002

N/A D Purpose and Scope

The use of the terms source material, 

milling and byproduct material will 

need to be coordinated with the terms 

as provided in Wyoming’s enabling 

legislation. For example, the NRC 

comments require revising the 

legislation to state WY is obtaining 

authority over “source material 

involved in milling and the resulting 

byproduct material as specified in the 

act.” We also recommend deleting 

reference to uranium "recovery" 

throughout the statute and regulations 

to be consistent with the AEA, 

UMTRCA and the NRC regulatory 

provisions that only use the term 

“milling". 

2 Chapter 1,

General 

Provisions,

Section 4

N/A N/A D Incorporation by Reference

In part a of Section 4, Wyoming 

makes reference to an Appendix A, 

Table 1-1. This table has not been 

provided by the State of Wyoming for 

review.

3 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A H&S Definitions: Byproduct Material

Wyoming omits equivalent 

requirements for parts 1, 3, and 4 of 

the definition of byproduct material 

as defined in 10 CFR 20.1003.

Wyoming will need to provide a 

definition that is consistent with the 

term byproduct material as defined 

in the enabling legislation.

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category H&S 

designation assigned to 10 CFR 

20.1003.
2 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

4 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Commencement of 

Construction

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable. 

5 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Construction

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

6 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Contamination

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

7 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Exclusive Use

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

8 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Exposure Rate

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

9 Chapter 1, 

General 

20.1003 N/A Definitions: Financial Assurance
3 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

Provisions,

Section 5, 

Definitions

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

10 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A A Definitions: Gray

Wyoming omits the definition of 

Gray.

Wyoming needs to submit a definition 

of “Gray” in order to meet the 

Compatibility Category A designation 

assigned to this definition.

11 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: License

Wyoming has provided unique 

reciprocity requirements in their 

enabling legislation. 

Wyoming needs to provide a 

definition of License that addresses

its unique reciprocity regulations.

12 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Licensee

Wyoming has provided unique 

reciprocity requirements in their 

enabling legislation. 

Wyoming needs to provide a 

definition of Licensee that addresses

its unique reciprocity regulations.

13 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Licensed Material

Wyoming has provided unique 

reciprocity requirements in their 

enabling legislation. 

Wyoming needs to provide a 

definition of Licensed Material that 

addresses its unique reciprocity 

regulations.

14 Chapter 1, 

General 

Provisions,

20.1003 N/A Definitions: Low Specific Activity 

(LSA) Material
4 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

Section 5, 

Definitions

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

15 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A B Definitions: Nationally tracked 

source

Wyoming omits the definition of 

Nationally tracked source.

Wyoming needs to submit 

requirements that meet the definition 

of “Nationally tracked source” in order 

to meet the Compatibility Category B 

designation assigned to this 

definition.

16 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Natural Uranium

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

17 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Natural Thorium

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

18 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Ore

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

19 Chapter 1, 

General 

20.1003 N/A Definition: Physician
5 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

Provisions,

Section 5, 

Definitions

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

20 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A A Definitions: Quality Factor

Wyoming omits references to a 

table equivalent to 1004(b).2 of 10 

CFR 20.1004 in the provided 

definition of Quality Factor.

Wyoming needs to submit the above 

in order to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1003, Definition- Quality 

Factor.

21 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Radiation Level

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

22 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Radioactivity

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

23 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Recovery

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.
6 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

24 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Residual Radioactive 

Material

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

25 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Roentgen

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

26 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Site

Wyoming has provided a definition of 

site that conflicts with their definition 

of site boundary.

Wyoming needs to provide a 

definition of site that takes into 

account its definition of site boundary.

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

27 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A A Definitions: Special Nuclear

Material

Wyoming omits a definition for 

Special Nuclear Material.

Wyoming needs to submit the 

definition of “Special Nuclear 

Material” in order to meet the 

Compatibility Category A designation 

assigned to the definition.

28 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Test

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 
7

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

29 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Uranium Fuel Cycle

In its definition of Uranium Fuel Cycle, 

it states, “Uranium fuel cycle does not 

include mining operations, handling of 

unrefined and unprocessed ore, 

operations at waste disposal sites, 

transportation of radioactive material 

in support of these operations, and 

the reuse or recovered non-uranium 

special nuclear and byproduct 

materials from the cycle.”

Wyoming needs to delete the phrase 

“handling of unrefined and 

unprocessed ore” from the above 

statement since some ores are 

considered source material and 

considered a part of the uranium fuel 

cycle which is not included in the 

Wyoming Agreement.

30 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Uranium milling

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to provide a 

definition that is consistant with the 

term uranium milling as defined in 

the enabling legislation.

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

31 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Waste

This definition will need to refer to a 

definition of byproduct material that is 

compatible with NRC regulations

32 Chapter 1, 

General 

Provisions,

Section 5, 

20.1003 N/A Definitions: Licensed Site

Wyoming has provided this definition 

as a part of their regulations 
8 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

Definitions equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

33 Chapter 1, 

General 

Provisions,

Section 5, 

Definitions

20.1003 N/A Definitions: Operations

Wyoming has provided this definition 

as a part of their regulations 

equivalent to 10 CFR Part 20. 

Wyoming will need to resubmit this 

definition as a part of other 

regulations as applicable.

34 Chapter 1, 

General 

Provisions,

Section 7, 

Units of 

Exposure 

and Dose

20.1004 N/A A Units of Radiation Dose

Wyoming omits Table 1004(b).2 as 

referenced in 20.1004 and omits the 

equivalent requirements for 10 CFR 

20.1004(c).

Wyoming needs to submit the above

in order to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1004.

35 Chapter 1, 

General 

Provisions,

Section 8, 

Units of 

Radioactivity

20.1005 N/A A Units of Radioactivity

Wyoming omits equivalent 

requirements for 10 CFR 

20.1005(b).

Wyoming needs to submit equivalent 

requirements as stated above in 

order to meet the Compatibility 

Category A designation assigned to 

10 CFR 20.1005.

36 Chapter 3,

Radiation 

Protection 

Standards

20.1301(a)(b)(c) N/A A Dose limits for individual members 

of the public

Wyoming omits equivalent 

requirements for 10 CFR 

20.1301(c).

Wyoming needs to submit equivalent 

requirements as stated above in 

order to meet the Compatibility 

Category A designation assigned to 
9 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

10 CFR 20.1301(c).

37 Chapter 3,

Radiation 

Protection 

Standards

20.1601 N/A H&S Control of access to high radiation 

areas

Wyoming omits equivalent 

requirements for 10 CFR 20.1601(f).

Wyoming needs to submit equivalent 

requirements as stated above in 

order to meet the Compatibility 

Category H&S designation assigned 

to 10 CFR 20.1601(f).
Enclosure 2 

STATE REGULATION STATUS

State: Wyoming Tracking Ticket Number: 16-33 

Date: 03/15/2016 

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 Statues 35-11-103 and 35-11-2001 through 

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

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

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

ML15324A391

11/19/2015

ML15324A388

Under review

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