UNITED STATESnm

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

September 26, 2016 

 

Ms. Eva La 

Assistant Attorney General 

Wyoming Office of the Attorney General 

Division of Water and Natural Resources 

123 State Capitol 

Cheyenne, WY 82002 

Dear Ms. La: 

We have reviewed Wyoming’s response to our letter dated September 28, 2015, regarding the 

revised enabling legislation contained in Wyoming 16LSO-0080, Working Draft 0.8 for Wyoming 

House Bill HB0027, received by our office on November 19, 2015. The legislation was reviewed 

by comparison to the criteria in Section 4.1.1 of the Office of Nuclear Material Safety and 

Safeguards procedure SA-700 and Handbook, “Processing an Agreement” 

(https://scp.nrc.gov/procedures/sa700.pdf). We discussed our review of the legislation with 

Ryan Schierman on September 2, 2016. The results of our review of the Wyoming trespass 

law, Wyoming Enrolled Act No. 61, will be transmitted under separate cover. 

We appreciate the opportunity to respond to your comments. As a result of our review, we have 

12 comments that have been identified in the enclosure. 

We recommend that you address these comments. Some of our comments regarding the 

interpretation of the legislation should be addressed by the Wyoming Attorney General’s office. 

If the comments can be addressed through other statutes, please provide this information in 

your draft request for an Agreement. If you would like us to review this information prior to the 

submittal of your draft request, please let us know. In addition, to assist the State in responding 

to these comments, you may refer to the 1983 Council of State Governments generic model of a 

Radiation Control Act in Suggested State Legislation, Volume 42, can be found at 

http://www.crcpd.org/PDF/RadControl.PDF. 

 
E. La -2- 

If you have any questions regarding the comments, please contact Michelle Beardsley at 

(610) 337-6942 ((Michelle.Beardsley@nrc.gov), or Stephen Poy at (301) 415-7135 

(Stephen.Poy@nrc.gov). 

Sincerely, 

/RA/ 

PHenderson for DCollins 

Daniel S. Collins, Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosure: 

Comment table 
E. La -2- 

If you have any questions regarding the comments, please contact Michelle Beardsley at 

(610) 337-6942 ((Michelle.Beardsley@nrc.gov), or Stephen Poy at (301) 415-7135 

(Stephen.Poy@nrc.gov). 

Sincerely, 

Daniel S. Collins, Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

 

Enclosure: 

Comment table 

DISTRIBUTION: SP08 

DIR RF (16-22) 

BTharakan, RSAO 

RErickson, RSAO 

WY File 

OFFICE ASPB ASPB ASPB OGC ASPB:BC MSTR:D 

NAME SPoy DWhite MBeardsley JOlmstead NLO 

via email 

PMichalak PHenderson 

for DCollins 

DATE 9/2/16 9/2/16 9/2/16 9/2/16 9/09/16 9/26/16 

 ML16011A129 OFFICIAL RECORD COPY Package ML15324A388 
Enclosure 

COMMENTS ON WYOMING REVISED ENABLING LEGISLATION 

SENT IN RESPONSE TO NRC LETTER 

DATED SEPTEMBER 28, 2015/ ML15266A385 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

1 N/A 4.1.1.1 

¶ (a) 

N/A N/A The Wyoming legislation does not directly 

establish a radioactive materials program 

or define its structure. Please see 

SA-700 Handbook, Section 4.1.1.1, 

Information Needed paragraph (a). 

COMMENT MODIFIED: 

Wyoming DEQ indicates that they are 

developing rules and regulations that 

will be included in the draft 

application. 

Further legislative changes should 

also address this comment. In 

particular, the legislation needs to be 

amended to articulate the scope of the 

agreement “to assume authority over 

uranium and thorium milling activities, 

and the possession and use of source 

material involved in the extraction and 

concentration of uranium and thorium 

in source material and ores, and the 

management and disposal of the 

resulting byproduct material as 

defined in Section 11e. (2) of the 

Atomic Energy Act, as amended” 

2 Wyoming 

Statute: 

§§ 35-11- 

2003(a) 

4.1.1.1 

¶ (b)(2), (3), (4) 

and (5) 

N/A N/A Although the Wyoming legislation does 

authorize the program to issue licenses, 

the Wyoming legislation does not clearly 

authorize the program to: 

- recognize the licenses of other 

jurisdictions; or 

- make it unlawful to acquire, possess, 

store, use, transfer, or dispose of 

materials without a valid license, or to 

violate the conditions of a license; or 

- authorizes the program to recognize 

licenses transferred from the NRC 

under the Agreement as State 
2 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

licenses. 

Please see SA-700 Handbook, Section 

4.1.1.1, Information Needed, paragraph 

(b)(2), (3), (4), and (5). 

COMMENT MODIFIED: 

Wyoming will need to have regulations 

and requirements that allow for the 

State to recognize Agreement State 

licenses that transfer to Wyoming. 

This will include licenses for 

byproduct and source material 

transferred to Wyoming jurisdiction 

for disposal or processing. 

3 Wyoming 

Statute: 

§§ 35-11- 

2003(a) 

4.1.1.2 

¶ (c) 

N/A N/A The Wyoming legislation does not 

provide for recognition of licenses 

transferred from NRC to the State under 

the Agreement, and the Wyoming 

legislation does not authorize the 

reciprocal recognition of specific licenses 

issued by NRC or other Agreement 

States. 

Please see SA-700 Handbook, Section 

4.1.1.2, Evaluation Criteria, paragraph (c) 

for information regarding this matter. 

COMMENT MODIFIED: 

Because of the scope of their limited 

Agreement, the State of Wyoming will 

need to provide explicit language that 

indicates that Wyoming has reciprocal 

recognition of NRC and Agreement 

State licenses. 
3 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

4 Wyoming 

Statute: 

§§ 35-11- 

2003

4.1.1.2 

¶ (h) 

N/A N/A The Wyoming legislation does not 

provide for imposition of civil penalties, 

does not provide general authority to take 

prompt enforcement action, and does not 

authorize a variety of legal sanctions, 

including suspension of licenses and 

impoundment of materials. In cases of 

imminent threat to public health and 

safety, the law should authorize 

immediate suspension without prior 

hearing. 

COMMENT MODIFIED: 

Wyoming’s legislation does not 

explicitly identify impoundment of 

materials in its legislation. Wyoming 

needs to indicate in its legislation that 

it can take prompt enforcement action 

demonstrating that it can execute the 

impoundment of materials. 

Please see SA-700 Handbook, Section 

4.1.1.2, Evaluation Criteria, paragraph 

(h) for information regarding this 

matter. 
4 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

5 N/A 4.1.1.4 

¶ (c) 

N/A N/A The Wyoming legislation does not require 

the program, before issuing an 11e.(2) 

byproduct material license, to do the 

following: 

- give notice of the proposed licensing 

action and accept written comments 

during a public comment period; 

- prepare a written analysis of the 

impact on the environment of the 

licensed activity; 

- hold a public hearing with a transcript 

and cross examination; 

- prepare a written decision based on 

evidence presented during the public 

comment period. The decision must 

be subject to judicial review; and 

- ban major construction before the 

completion of the written 

environmental analysis. 

Please see SA-700 Handbook, Section 

4.1.1.4, Additional Evaluation Criteria for 

11e.(2) Byproduct Material Agreements, 

paragraph (c) for information regarding 

this matter. 

Wyoming DEQ indicates that they are 

developing rules and regulations that 

will be included in the draft 

application. 

Comment Stands. 
5 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

6 N/A 4.1.1.4 N/A N/A The Wyoming legislation does not require 

the Agreement materials program to 

provide an opportunity for public 

participation through written comments or 

public hearings during rulemaking. The 

legislation must also make rules subject 

to judicial review. 

Please see SA-700 Handbook, Section 

4.1.1.4, Additional Evaluation Criteria for 

11e.(2) Byproduct Material Agreements, 

paragraph (d) for information regarding 

this matter. 

Wyoming DEQ indicates that they are 

developing rules and regulations that 

will be included in the draft 

application. 

Comment Stands. 

 

7 Wyoming 

Statute: 

§§ 35-11- 

2004 

4.1.1.4 N/A N/A The Wyoming legislation must consider 

the authorities reserved to the NRC under 

Uranium Mill Tailing Radiation Control Act 

(UMTRCA) (see 10 CFR 150.15(a)), 

including the authority to: 

- establish minimum standards 

governing reclamation, long-term 

surveillance or maintenance, and 

ownership of the 11e.(2) byproduct 

material; 

- determine, before the termination of a 

license, that the licensee has 

complied with decontamination, 

decommissioning and reclamation 

standards, and ownership 

requirements for sites at which 

11e.(2) byproduct material is present; 

- require, before termination of a 

license for 11e.(2) byproduct material 

or for any activity that results in the 

production of such material, that the 

title to the 11e.(2) byproduct material 

and the disposal site are transferred 

to the Federal Government (or the 
6 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

State at the option of the State, 

provided the State exercises the 

option before termination of the 

license); 

- require monitoring, maintenance, and 

emergency measures after the 

license is terminated as may be 

necessary to protect the public health 

and safety for those materials and 

property for which the State has 

assumed custody; 

- permit use of the surface or 

subsurface estate, or both, of the 

disposal site land transferred to the 

United States or the State; and 

- exempt land ownership transfer 

requirements of Section 83(b)(1)(A) of 

the AEA. 

Please see SA-700 Handbook, Section 

4.1.1.4, Additional Evaluation Criteria for 

11e.(2) Byproduct Material Agreements 

for information regarding this matter. 

Comment Modified:. 

Wyoming needs to have requirements 

in either statute or regulations 

equivalent to AEA Section 274o. that 

allows the State to have regulatory 

requirements equivalent to the extent 

practicable, or more stringent than, 

standards adopted and enforced by 

the Commission. The last sentence in 

35-11-2003(e) should be deleted 

because it does not specifically 

mention requiring financial assurance 

for decontamination or reclamation 

costs as required under 10 CFR Part 

40 Appendix A. 

 
7 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

8 Wyoming 

Statute: 

§§ 35-11-

2002(b) 

N/A N/A N/A On page 4 line 68, the first paragraph 

contains the phrase, “consistent with the 

Wyoming Administrative Procedure Act.” 

The state will need to ensure that the WY 

Administrative Procedures Act is 

consistent with AEA 274o. procedures. If 

it is not consistent, then this legislation 

will need to authorize the Department to 

create rules consistent with 274o. 

Comment Modified: 

In Wyoming Statute § 35-11-2002(b), it 

states, “The council, upon 

recommendation from the director, is 

authorized to promulgate reasonable 

rules.” This needs to be replaced by 

the phrase, “The council, upon 

recommendation from the director, is 

authorized to promulgate rules.” 

9 Wyoming 

Statute: 

§§ 35-11- 

2001 

N/A N/A N/A On page 2 line 13, the phrase, “source 

material from recovery or milling,” is 

used. This phrase can be interpreted to 

mean that Wyoming will be looking to 

assume authority over all source material. 

If that is the intent, it should say, “source 

material as defined in AEA section 11z.” 

 

If the intent is to assume authority over the 

milling and recovery operations that 

handle source material, then the wording 

needs to be revised to articulate the 

scope of the agreement as “to assume 

authority over uranium and thorium 

milling activities, and the 

possession and use of source material 

involved in the extraction and 

concentration of uranium and thorium in 

source material and ores, and the 

management and disposal of the 

resulting byproduct material as defined in 

Section 11e.(2) of the Act.” 

Comment Stands. 
8 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

10 Wyoming 

Statute: 

§§ 35-11- 

2001 

N/A N/A N/A On page 2 line 13, the phrase, “byproduct 

material generated under section 274,” is 

used. Byproduct material is not 

“generated” under section 274. This 

phrasing is confusing. 

Comment Modified: 

Wyoming’s definition of “byproduct 

material” needs to match the 

Commission approved language in 

SECY 16-0084. 

11 Wyoming 

Statute: 

§§ 35-11- 

2001 

N/A N/A N/A On page 3 line 9, the phrase, “source 

material from recovery or milling and the 

byproduct material generated,” is used. 

COMMENT MODIFIED: 

The phrase, “source material from 

recovery or milling and the byproduct 

material generated under section 274,” 

needs to match the Commission 

approved language in SECY 16-0084. 
9 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

12 Wyoming 

Statute: 

§§ 35-11- 

2003(d) 

N/A N/A N/A On page 5 line 5, it states, “Licensees, 

permitees, and applicants for a license or 

permit shall obtain and grant the 

department access to inspect their mining 

operations, source material recovery or 

milling operations and the byproduct 

material generated at such times and 

frequencies as determined necessary by 

the department to protect public health 

and safety.” This language implies that a 

positive determination is necessary from 

the department. It could be interpreted to 

limit the department’s ability to conduct 

routine or unannounced inspections. 

COMMENT MODIFIED: 

Wyoming needs to provide a response 

from WYDEQ and the Wyoming 

Attorney General’s Office explaining 

that the department has authority to 

inspect for compliance with all 

statutory, regulatory, license 

conditions, and order requirements 

regarding the regulation of milling 

activities and management and 

disposal of 11e.(2) material in the 

State.