UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

October 13, 2016

Mr. Kyle Wendtland, Administrator

Wyoming Department of Environmental Quality

Land Quality Division

122 W. 25th Street

Herschler 4W

Cheyenne, WY 82002

Dear Mr. Wendtland: 

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

Provisions; Chapter 4, Licensing Requirements; Chapter 6, Finalcial Assurance; and Chapter 

10, General Licensing; received by our office on July 8, 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 (CFR) Parts 40 and 150. We discussed our review of the 

regulations with Ryan Schierman on October 11, 2016. 

As a result of our review, we have nine 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. 
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 (267) 884-2305

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

Sincerely,

/RA Paul Michalak for Pamela Henderson/ 

Pamela J. Henderson, Deputy Director

Division of Material Safety, State, Tribal

 and Rulemaking Programs

Office of Nuclear Material Safety

 and Safeguards

Enclosure:

Compatibility Comments
COMPATIBILITY COMMENTS ON WYOMING PROPOSED REGULATIONS

STATE 

SECTION

NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

1 Chapter 

4, Section 

1 (a) 

N/A N/A N/A Purpose

Wyoming Chapter 4 in Section 1(a) 

states, “This Chapter establishes !he 

criteria for issuance and terms of 

conditions upon which the 

Department may issue licenses to 

receive title to, acquire, own, possess, 

transfer, offer or receive for transport, 

or deliver any source material from 

recovery or milling and the created 

byproduct material.”

Wyoming needs to replace the 

phrase: 

“source material from recovery or 

milling and the created byproduct 

material”

with the phrase: 

“source material involved in uranium 

or thorium recovery or milling, and 

byproduct material as defined in 

Section 11e.(2) of the Atomic Energy 

Act of 1954, 42 U.S.C. § 2014, as 

amended.”

Wyoming needs to make the above 

change in order to be consistent with 

language that will be in their 

Agreement and enabling legislation.

2 Chapter 

4, Section 

2 (a) 

N/A N/A N/A Scope

Wyoming Chapter 4 in Section 2(a) 

states,

“This Chapter establishes 

performance objectives and 

procedural requirements applicable to 

any source material recovery or 

milling operation and to waste 
STATE 

SECTION

NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

systems for byproduct material 

including specific technical and 

financial requirements for siting, 

construction, operating, monitoring, 

decontamination, reclamation, and 

ultimate stabilization, as well as 

requirements for licensee transfer and 

termination, long-term site monitoring, 

surveillance, ownership, and ultimate 

custody of source material milling 

facilities and byproduct material 

impoundments.”

Wyoming needs to replace the 

phrase:

“source material recovery or milling

operation”

with the phrase:

“operation related to source material 

involved in uranium or thorium 

recovery or milling, and byproduct 

material as defined in Section 

11e.(2)of the Atomic Energy Act of 

1954, 42 U.S.C. § 2014, as 

amended.”

Wyoming needs to make the above 

change in order to be consistent with 

language that will be in their 

Agreement and enabling legislation.

3 Chapter 

4, Section 

2 (b)

10 CFR §40.2a N/A A Coverage of inactive tailings sites 

Wyoming Chapter 4 does not address 

licensing of mill operations at sites no 

longer active if the site is covered by 

the remedial action program of Title I

of the Uranium Mill Tailings Radiation 

Control Act of 1978, as amended.

Wyoming needs to include language 

in their equivalent to §40.2a that 

addresses the licensing of mill 
STATE 

SECTION

NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

operations at sites no longer active if 

the site is covered by the remedial 

action program of Title I of the 

Uranium Mill Tailings Radiation 

Control Act of 1978, as amended.

Wyoming needs to make the above 

change in order to meet the 

Compatibility Category A designation 

assigned to 10 CFR 40.2a.

4 Chapter 

4, Section 

2 (c)

10 CFR §40.3 N/A C License requirements 

In Chapter 4, Section 2 (c), Wyoming 

needs to include the phrase “or 

residual radioactive material as 

defined in Chapter 1, General 

Provisions,” as follows:

“A person subject to regulation of the 

Chapter may not receive title to, 

acquire, own, possess, transfer, offer 

or receive for transport, provide for 

long term care, or deliver or dispose 

or byproduct material, or residual 

radioactive material as defined in 

Chapter 1, General Provisions, or 

any source material after removal 

from its place of deposit in nature, 

unless authorized in a specific license 

issued by the Department pursuant to 

this Chapter.”

Wyoming needs to make the above 

change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 40.3.

5 Chapter 

1, Section 

5

10 CFR §40.4 N/A C Definition: Construction

Paragraph 1-8, 9i

In Chapter 1 Section 5 (ab) (viii), 

Wyoming needs to replace the 

phrase, “Procurement of fabrication of 

components” with the phrase 

“Procurement or fabrication of 
STATE 

SECTION

NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

components.”

Wyoming needs to make the above 

change in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 40.4.

6 N/A 10 CFR §40.31(i) N/A H&S Application for specific licenses 

Wyoming omits equivalent 

requirements for decommissioning 

as defined in 10 CFR 40.31 (i).

Wyoming needs to submit 

requirements that meet the essential 

health and safety objectives in order 

to meet the Compatibility Category 

H&S designation assigned to 

40.31(i).

7 N/A 10 CFR §40.36(f) N/A H&S Financial assurance and 

recordkeeping for 

decommissioning

Wyoming omits equivalent 

recordkeeping requirements for 

decommissioning as defined in 10 

CFR 40.36 (f).

Wyoming needs to submit 

requirements that meet the essential 

health and safety objectives in order 

to meet the Compatibility Category 

H&S designation assigned to 

40.36(f).

8 Chapter 

1, 

General 

Provision

s,

Section 5, 

Definition

s

10 CFR 150.3 N/A A Definitions: Discrete Source

Wyoming has excluded this definition 

and considers this definition outside 

the scope of its agreement.

However, accumulated radium as a 

byproduct of the uranium milling 
STATE 

SECTION

NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

process at a mill may be considered 

as a discrete source.

Wyoming needs to submit the 

definition of “Discrete Source” in order

to meet the Compatibility Category A 

designation assigned to 10 CFR 

150.3.

9 N/A 10 CFR §150.20 N/A C Recognition of Agreement State 

licenses

Wyoming has excluded this regulation 

and considers this regulation outside 

the scope of its agreement.

Wyoming has provided unique 

reciprocity requirements in their 

enabling legislation. 

Wyoming needs to submit 

requirements that meet the essential 

objectives in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 150.20.

Wyoming also needs to address its 

unique reciprocity regulations 

contained in its enabling legislation.
Enclosure 2

STATE REGULATION STATUS

State: Wyoming Tracking Ticket Number:16-76

Date: 10/13/2016

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 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

Comments

09/26/2016

ML15324A388

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

Wyoming DEQ Proposed Regulations to 10 CFR Part 20

Chapter 1: General Provisions

Chapter 3: Radiation Protection Standards

ML16014A133

01/11/2016

ML16097A348

04/05/2016

Comments

03/15/2016

ML16014A131

Comments

10/04/2016

ML16097A339
2

Wyoming Submittal Description Incoming 

Letter

Outgoing 

Package

Notes

*Wyoming DEQ Proposed 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

ML16194A168

07/08/2016

Comments

10/13/2016

ML16194A048