E. La 

UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

October 11, 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 statutory language for Article 20 received by our office on 

September 6, 2016. The legislation was reviewed by comparison to the criteria in Section 4.1.1 

of the Office of Nuclear Material Safety and Safeguards (NMSS) procedure SA-700 and 

Handbook, “Processing an Agreement” (https://scp.nrc.gov/procedures/sa700.pdf). We 

discussed our review of the legislation with you on September 26, 2016. 

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

We recommend that you address these comments in addition to the other enabling legislation 

comments provided in our letter dated September 26, 2016. 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, which can be found at 

http://www.crcpd.org/PDF/RadControl.PDF. 
R. Schierman -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 Pamela J. Henderson for/ 

Daniel S. Collins, Director 

Division of Material Safety, State, Tribal 

 and Rulemaking Programs 

Office of Nuclear Material Safety 

 and Safeguards 

Enclosure: 

Comment table 
R. Schierman -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 Pamela J. Henderson for/ 

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 (16-88) 

BTharakan, RSAO 

RErickson, RSAO 

WY File 

OFFICE ASPB ASPB OGC ASPB:BC MSTR:DD 

NAME SPoy MBeardsley TCampbell NLO 

via email 

PMichalak PHenderson for 

DCollins 

DATE 9/30/16 9/30/16 9/29/16 10/3/16 10/11/16 

ML16274A240 OFFICIAL RECORD COPY Package ML16259A352 
COMMENTS ON WYOMING REVISED ENABLING LEGISLATION 

SENT IN EMAIL DATED SEPTEMBER 6, 2016 

WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

1 Wyoming 

Statute: 

§§ 35-11- 

2001(a) 

 N/A N/A Please replace the language in 35-11-

2001 (a) from: 

“The governor, on behalf of the state, is 

authorized to contact the nuclear 

regulatory commission to express the 

intent of the state of Wyoming to enter 

into an agreement with the nuclear 

regulatory commission providing for the 

assumption by the state of regulatory 

authority over source material from 

recovery or milling and byproduct

included under section 274 of the Atomic 

Energy Act of 1954, 42 U.S.C. § 2021, as 

amended. The nuclear regulatory 

commission shall maintain regulation 

over the activities reserved under section 

274 of the Atomic Energy Act of 1954, 42 

U.S.C. § 2021, as amended.” 

to the following: 

The governor, on behalf of the state, is 

authorized to contact the nuclear 

regulatory commission to express the 

intent of the state of Wyoming to enter 

into an agreement under section 274 of 

the Atomic Energy Act of 1954, 42 U.S.C. 

§ 2021, as amended with the nuclear 

regulatory commission providing for the 

assumption by the state of regulatory 

authority over 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. 

The nuclear regulatory commission shall 

maintain regulatory authority over all 

other source material, Section 11e.(1), (3) 

and (4) byproduct material and special 

nuclear material as defined of the Atomic 
WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

Energy Act of 1954, 42 U.S.C. § 2014, as 

amended, and the activities reserved 

under section 274 of the Atomic Energy 

Act of 1954, 42 U.S.C. § 2021, as 

amended. 

This is a global comment. 

Replace “[s]ource material “from”

uranium or thorium milling” with “source 

material “involved in” uranium or 

thorium milling.” The current language 

implies that Wyoming is only obtaining 

authority over the yellowcake produced at 

a facility and would not have regulatory 

authority over alternative or equivalent 

feeds. This change needs to be made 

throughout the enabling legislation. 

We also recommend changing 

“regulation” to “regulatory authority” in 

this paragraph. 

2 Wyoming 

Statute: 

§§ 35-11- 

2001(b) 

 N/A N/A Please replace the language in 35-11-

2001 (b) from: 

The category of material governed by this 

article, as agreed upon by the nuclear 

regulatory commission and the state, is 

source material involved in the extraction 

and concentration of uranium and thorium 

in source material and ores at uranium 

and thorium milling facilities, and the 

management and disposal of byproduct 

material. Throughout this article, this 

category of material shall be referred to 

as the source material from recovery or 

milling and the associated byproduct 

material. This article does not govern 

independent commercial laboratory 

facilities who possess, use, or accept 

byproduct material as defined in section 

11e.(2) of the Atomic Energy Act of 1954, 

42 U.S.C § 2021, as amended. The 

regulation over 11e.(2) byproduct 

material at independent commercial 

laboratory facilities shall remain with the 

nuclear regulatory commission. 
WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

to the following: 

The categories of materials governed by 

this article, as agreed upon by the 

nuclear regulatory commission and the 

state, are source material involved in 

uranium or thorium recovery or milling 

and byproduct material as defined in 

Section 11e.(2) of the Atomic Energy 

Action of 1954, 42 U.S.C. § 2014. This 

article does not govern independent 

commercial laboratory facilities who 

possess, use, or accept byproduct 

material as defined under this article. 

The regulation over independent 

commercial laboratory facilities shall 

remain with the nuclear regulatory 

commission” 

We also recommend changing 

“regulation” to “regulatory authority” in 

this paragraph. 

3 Wyoming 

Statute: 

§§ 35-11- 

2003(D) 

 N/A N/A Wyoming statute 35-11-2003(d) states, 

“Licensees, permittees 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 

byproduct material, at such times and 

frequencies as determined necessary by 

the department to protect public health 

and safety.’ 

The phrase, “mining operations,” needs 

to be removed. The NRC does not have 

regulatory authority over mining, so the 

enabiling legislation for the Agreement 

should not mention mining. 

4 Wyoming 

Statute: 

§§ 35-11- 

103(j)(i) 

 The definition of byproduct material 

needs to say uranium “or” thorium, 

instead of uranium “and” thorium. 
WYOMING 

SECTION 

NRC SECTION 

(SA-700) 

RATS 

ID 

CATEGORY SUBJECT and COMMENTS 

The definition of byproduct material 

needs to be changed to state: “Byproduct 

material’ means the tailings or wastes 

produced by the extraction or 

concentration of uranium or thorium from 

any ore processed primarily for its source 

material content as defined in section 

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

1954, 42 U.S.C. § 2014(e)(2), as 

amended.” 

Recommend that the sentence regarding 

independent commercial laboratory 

facility be removed since it is now in 

Section 35-11-2001(b). 

5 Wyoming 

Statute: 

§§ 35-11- 

103(j)(ii) 

 Wyoming statute 35-11-103(j)(ii) includes 

the phrase, “as defined in 10 CFR Part 

40.4, as amended, to include.” 

This phrase needs to be removed from 

the definition of “Recovery or milling” 

because “recovery or milling” is not 

defined in 10 CFR § 40.4 

The definition of “Recovery or milling” 

needs to be revised to state: “’Recovery 

or milling’ means any activity that 

generates byproduct material as defined 

in section 11e.(2) of the Atomic Energy 

Act of 1954, 42 U.S.C. §2014(e)(2), as 

amended.” 

.