29828 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 

designated as proprietary, pursuant to 5 

U.S.C 552b(c)(4)]. 

4:00 p.m.–6:00 p.m.: Preparation of 

ACRS Reports (Open/Closed)—The 

Committee will continue its discussion 

of proposed ACRS reports. [Note: A 

portion of this session may be closed in 

order to discuss and protect information 

designated as proprietary, pursuant to 5 

U.S.C 552b(c)(4)]. 

Friday, July 13, 2018, Conference Room 

T–2B1, 11545 Rockville Pike, Rockville, 

Maryland 20852 

8:30 p.m.–12:00 p.m.: Preparation of 

ACRS Reports (Open/Closed)—The 

Committee will continue its discussion 

of proposed ACRS reports. [Note: A 

portion of this session may be closed in 

order to discuss and protect information 

designated as proprietary, pursuant to 5 

U.S.C 552b(c)(4)]. 

1:00 p.m.–6:00 p.m.: Preparation of 

ACRS Reports (Open/Closed)—The 

Committee will continue its discussion 

of proposed ACRS reports. [Note: A 

portion of this session may be closed in 

order to discuss and protect information 

designated as proprietary, pursuant to 5 

U.S.C 552b(c)(4)]. 

Saturday, July 14, 2018, Conference 

Room T–2B1, 11545 Rockville Pike, 

Rockville, Maryland 20852 

8:30 p.m.–12:00 p.m.: Preparation of 

ACRS Reports/Retreat (Open/Closed)— 

The Committee will continue its 

discussion of proposed ACRS reports 

and potential retreat items. [Note: A 

portion of this session may be closed in 

order to discuss and protect information 

designated as proprietary, pursuant to 5 

U.S.C 552b(c)(4)] [Note: A portion of 

this meeting may be closed pursuant to 

5 U.S.C. 552b(c)(2) and (6) to discuss 

organizational and personnel matters 

that relate solely to internal personnel 

rules and practices of the ACRS, and 

information the release of which would 

constitute a clearly unwarranted 

invasion of personal privacy] 

Procedures for the conduct of and 

participation in ACRS meetings were 

published in the Federal Register on 

October 4, 2017 (82 FR 46312). In 

accordance with those procedures, oral 

or written views may be presented by 

members of the public, including 

representatives of the nuclear industry. 

Persons desiring to make oral statements 

should notify Quynh Nguyen, Cognizant 

ACRS Staff (Telephone: 301–415–5844, 

Email: Quynh.Nguyen@nrc.gov), 5 days 

before the meeting, if possible, so that 

appropriate arrangements can be made 

to allow necessary time during the 

meeting for such statements. In view of 

the possibility that the schedule for 

ACRS meetings may be adjusted by the 

Chairman as necessary to facilitate the 

conduct of the meeting, persons 

planning to attend should check with 

the Cognizant ACRS staff if such 

rescheduling would result in major 

inconvenience. The bridgeline number 

for the meeting is 866–822–3032, 

passcode 8272423#. 

Thirty-five hard copies of each 

presentation or handout should be 

provided 30 minutes before the meeting. 

In addition, one electronic copy of each 

presentation should be emailed to the 

Cognizant ACRS Staff one day before 

meeting. If an electronic copy cannot be 

provided within this timeframe, 

presenters should provide the Cognizant 

ACRS Staff with a CD containing each 

presentation at least 30 minutes before 

the meeting. 

In accordance with Subsection 10(d) 

of Public Law 92–463 and 5 U.S.C. 

552b(c), certain portions of this meeting 

may be closed, as specifically noted 

above. Use of still, motion picture, and 

television cameras during the meeting 

may be limited to selected portions of 

the meeting as determined by the 

Chairman. Electronic recordings will be 

permitted only during the open portions 

of the meeting. 

ACRS meeting agendas, meeting 

transcripts, and letter reports are 

available through the NRC Public 

Document Room at pdr.resource@

nrc.gov, or by calling the PDR at 1–800– 

397–4209, or from the Publicly 

Available Records System (PARS) 

component of NRC’s document system 

(ADAMS) which is accessible from the 

NRC website at http://www.nrc.gov/ 

reading-rm/adams.html or http://

www.nrc.gov/reading-rm/doccollections/ACRS/. 

Video teleconferencing service is 

available for observing open sessions of 

ACRS meetings. Those wishing to use 

this service should contact Mr. Theron 

Brown, ACRS Audio Visual Technician 

(301–415–6702), between 7:30 a.m. and 

3:45 p.m. (ET), at least 10 days before 

the meeting to ensure the availability of 

this service. Individuals or 

organizations requesting this service 

will be responsible for telephone line 

charges and for providing the 

equipment and facilities that they use to 

establish the video teleconferencing 

link. The availability of video 

teleconferencing services is not 

guaranteed. 

Note: This notice is late due to the 

adjustment of accurate meeting topics for 

APR1400. Specifically, the related 

Subcommittees which occurred in late May 

affected the schedule. 

Dated at Rockville, Maryland, this 20th day 

of June, 2018. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Federal Advisory Committee Management 

Officer. 

[FR Doc. 2018–13624 Filed 6–25–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2018–0104] 

State of Wyoming: NRC Staff 

Assessment of a Proposed Agreement 

Between the Nuclear Regulatory 

Commission and the State of Wyoming 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed state agreement; 

request for comment. 

SUMMARY: By letter dated November 14, 

2017, Governor Matthew H. Mead of the 

State of Wyoming requested that the 

U.S. Nuclear Regulatory Commission 

(NRC or Commission) enter into an 

Agreement with the State of Wyoming 

as authorized by Section 274b. of the 

Atomic Energy Act of 1954, as amended 

(AEA). 

Under the proposed Agreement, the 

Commission would discontinue, and the 

State of Wyoming would assume, 

regulatory authority over the 

management and disposal of byproduct 

materials as defined in Section 11e.(2) 

of the AEA and a subcategory of source 

material associated with uranium or 

thorium milling within the State. 

Pursuit to Commission direction, the 

proposed Agreement would state that 

the NRC will retain regulatory authority 

over the American Nuclear Corporation 

(ANC) license. 

As required by Section 274e. of the 

AEA, the NRC is publishing the 

proposed Agreement for public 

comment. The NRC is also publishing 

the summary of a draft assessment by 

the NRC staff of the State of Wyoming’s 

regulatory program. Comments are 

requested on the proposed Agreement, 

especially its effect on public health and 

safety. Comments are also requested on 

the draft staff assessment, the adequacy 

of the State of Wyoming’s program, and 

the State’s program staff, as discussed in 

this notice. 

The proposed Agreement would 

exempt persons who possess or use 

byproduct materials as defined in 

Section 11e.(2) of the AEA and a 

subcategory of source material involved 

in the extraction or concentration of 

uranium or thorium in source material 

or ores at uranium or thorium milling 

facilities in the State of Wyoming from 

portions of the Commission’s regulatory 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29829 

authority. Radioactive materials not 

covered by the proposed Agreement will 

continue to be subject to the 

Commission’s regulatory authority. 

Section 274e. of the AEA requires that 

the NRC publish these exemptions. 

Notice is hereby given that the pertinent 

exemptions have been previously 

published in the Federal Register and 

are codified in the NRC’s regulations. 

DATES: Submit comments by July 26, 

2018. Comments received after this date 

will be considered if it is practical to do 

so, but the Commission is able to ensure 

consideration only for comments 

received before this date. 

ADDRESSES: You may submit comments 

by the following method: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0104. Address 

questions about NRC dockets to Jennifer 

Borges; telephone: 301–287–9127; 

email: Jennifer.Borges@nrc.gov. For 

technical questions, contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Poy, Office of Nuclear Material 

Safety and Safeguards, telephone: 301– 

415–7135, email: Stephen.Poy@nrc.gov; 

or Paul Michalak, telephone: 301–415– 

5804, email: Paul.Michalak@nrc.gov. 

Both are staff of the U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0104 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0104. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, at 301–415–4737, or 

by email to pdr.resource@nrc.gov. The 

draft application for a Section 274 

Atomic Energy Act Agreement from the 

State of Wyoming, the final Wyoming 

Agreement State application, and the 

Draft Assessment of the Proposed 

Wyoming Program for the Regulation of 

Agreement Materials documents are 

available in ADAMS under Accession 

Nos. ML16300A294, ML17319A921, 

and ML18094B074. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2018– 

0104 in your comment submission. The 

NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at http://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Additional Information on 

Agreements Entered Under Section 274 

of the AEA 

Since Section 274 of the AEA was 

added in 1959, the Commission has 

entered into Agreements with 37 States 

(Agreement States). The 37 Agreement 

States currently regulate approximately 

16,500 Agreement material licenses, 

while the NRC regulates approximately 

2,800 licenses. Under the proposed 

Agreement, 14 NRC uranium mill 

licenses will transfer to the State of 

Wyoming. The NRC periodically 

reviews the performance of the 

Agreement States to assure compliance 

with the provisions of Section 274. 

Section 274e. of the AEA requires that 

the terms of the proposed Agreement be 

published in the Federal Register for 

public comment once each week for 

four consecutive weeks. This notice is 

being published in fulfillment of that 

requirement. 

III. Proposed Agreement With the State 

of Wyoming 

Background 

(a) Section 274b. of the AEA provides 

the mechanism for a State to assume 

regulatory authority from the NRC over 

certain radioactive materials and 

activities that involve use of these 

materials. The radioactive materials, 

sometimes referred to as ‘‘Agreement 

materials,’’ are byproduct materials as 

defined in Sections 11e.(1), 11e.(2), 

11e.(3), and 11e.(4) of the AEA; source 

material as defined in Section 11z. of 

the AEA; and special nuclear material as 

defined in Section 11aa. of the AEA, 

restricted to quantities not sufficient to 

form a critical mass. 

The radioactive materials and 

activities (which together are usually 

referred to as the ‘‘categories of 

materials’’) that the State of Wyoming 

requests authority over are the 

possession and use of byproduct 

materials as defined in Section 11e.(2) 

of the AEA and a subcategory of source 

material involved in the extraction or 

concentration of uranium or thorium in 

source material or ores at uranium or 

thorium milling facilities (source 

material associated with milling 

activities). 

(b) The proposed Agreement contains 

articles that 

(i) Specify the materials and activities 

over which authority is transferred; 

(ii) Specify the materials and 

activities over which the Commission 

will retain regulatory authority; 

(iii) Continue the authority of the 

Commission to safeguard special 

nuclear material, and restricted data and 

protect common defense and security; 

(iv) Commit the State of Wyoming and 

the NRC to exchange information as 

necessary to maintain coordinated and 

compatible programs; 

(v) Provide for the reciprocal 

recognition of licenses; 

(vi) Provide for the suspension or 

termination of the Agreement; and 

(vii) Specify the effective date of the 

proposed Agreement. 

The Commission reserves the option 

to modify the terms of the proposed 

Agreement in response to comments, to 

correct errors, and to make editorial 

changes. The final text of the proposed 

Agreement, with the effective date, will 

be published after the Agreement is 

approved by the Commission and 

signed by the NRC Chairman and the 

Governor of Wyoming. 

(c) The regulatory program is 

authorized by law under the State of 


sradovich on DSK3GMQ082PROD with NOTICES
29830 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 

Wyoming Statute Section 35–11–2001, 

which provides the Governor with the 

authority to enter into an Agreement 

with the Commission. The State of 

Wyoming law contains provisions for 

the orderly transfer of regulatory 

authority over affected licensees from 

the NRC to the State. In a letter dated 

November 14, 2017, Governor Mead 

certified that the State of Wyoming has 

a program for the control of radiation 

hazards that is adequate to protect 

public health and safety within the State 

of Wyoming for the materials and 

activities specified in the proposed 

Agreement, and that the State desires to 

assume regulatory responsibility for 

these materials and activities. After the 

effective date of the Agreement, licenses 

issued by NRC would continue in effect 

as State of Wyoming licenses until the 

licenses expire or are replaced by Stateissued licenses. 

(d) The NRC draft staff assessment 

finds that the Wyoming Department of 

Environmental Quality, Land Quality 

Division, Uranium Recovery Program, is 

adequate to protect public health and 

safety and is compatible with the NRC 

program for the regulation of Agreement 

materials. Pursuant to Commission 

direction, the proposed Agreement 

includes a provision that the State of 

Wyoming has until the end of the 2019 

legislative session to amend Wyoming 

Statute Section 35–11–2004(c) to be 

compatible with AEA Section 

83b.(1)(A), or the Agreement will 

terminate without further NRC action. 

The proposed Agreement also explicitly 

states that, prior to the requisite 

amendment of Wyoming Statute Section 

35–11–2004(c), the NRC will reject any 

State of Wyoming request to terminate 

a license that proposes to bifurcate the 

ownership of byproduct material and its 

disposal site between the State and the 

Federal government. Pursuant to 

Commission direction, the Agreement 

contains a provision that requires the 

State of Wyoming to revise Statute 

Section 35–11–2004(c) during the next 

legislative session to be compatible with 

AEA Section 83b.(1)(A). If the Wyoming 

Statute Section 35–11–2004(c) is not 

amended by the end of the 2019 

legislative session, the Agreement will 

terminate. 

Summary of the Draft NRC Staff 

Assessment of the State of Wyoming’s 

Program for the Regulation of 

Agreement Materials 

The NRC staff has examined the State 

of Wyoming’s request for an Agreement 

with respect to the ability of the State’s 

radiation control program to regulate 

Agreement materials. The examination 

was based on the Commission’s Policy 

Statement, ‘‘Criteria for Guidance of 

States and NRC in Discontinuance of 

NRC Regulatory Authority and 

Assumption Thereof by States Through 

Agreement,’’ (46 FR 7540; January 23, 

1981, as amended by Policy Statements 

published at 46 FR 36969; July 16, 1981, 

and at 48 FR 33376; July 21, 1983) 

(Policy Statement), and the Office of 

Nuclear Material Safety and Safeguards 

Procedure SA-700, ‘‘Processing an 

Agreement’’ (available at https://

scp.nrc.gov/procedures/sa700.pdf and 

https://scp.nrc.gov/procedures/sa700_

hb.pdf). The Policy Statement has 36 

criteria that serve as the basis for the 

NRC staff’s assessment of the State of 

Wyoming’s request for an Agreement. 

The following section will reference the 

appropriate criteria numbers from the 

Policy Statement that apply to each 

section. 

(a) Organization and Personnel. These 

areas were reviewed under Criteria 1, 2, 

20, 24, 33, and 34 in the draft staff 

assessment. The State of Wyoming’s 

proposed Agreement materials program 

for the regulation of radioactive 

materials is the Uranium Recovery 

Program. The Uranium Recovery 

Program will be located within the 

existing Land Quality Division of the 

Wyoming Department of Environmental 

Quality. 

The educational requirements for the 

Uranium Recovery Program staff 

members are specified in the State of 

Wyoming’s personnel position 

descriptions and meet the NRC criteria 

with respect to formal education or 

combined education and experience 

requirements. All current staff members 

hold a Bachelor of Science Degree or 

Master’s Degree in one of the following 

subject areas: Environmental science, 

health physics, nuclear engineering, 

geology, or ecology. All have training 

and work experience in radiation 

protection. Supervisory level staff have 

at least 5 years of working experience in 

radiation protection, with most having 

more than 10 years of experience. 

The State of Wyoming performed an 

analysis of the expected workload under 

the proposed Agreement. Based on the 

NRC staff review of the State of 

Wyoming’s analysis, the State has an 

adequate number of staff to regulate 

radioactive materials under the terms of 

the proposed Agreement. The State of 

Wyoming will employ the equivalent of 

7.2 full-time professional and technical 

staff to support the Uranium Recovery 

Program. 

The State of Wyoming has indicated 

that the Uranium Recovery Program has 

an adequate number of trained and 

qualified staff in place. The State of 

Wyoming has developed qualification 

procedures for license reviewers and 

inspectors that are similar to the NRC’s 

procedures. The Uranium Recovery 

Program staff is accompanying the NRC 

staff on inspections of NRC licensees in 

Wyoming. The Uranium Recovery 

Program staff is also actively 

supplementing their experience through 

direct meetings, discussions, and 

facility visits with the NRC licensees in 

the State of Wyoming and through selfstudy, in-house training, and formal 

training. 

Overall, the NRC staff concluded that 

the Uranium Recovery Program staff 

identified by the State of Wyoming to 

participate in the Agreement materials 

program has sufficient knowledge and 

experience in radiation protection, the 

use of radioactive materials, the 

standards for the evaluation of 

applications for licensing, and the 

techniques of inspecting licensed users 

of Agreement materials. 

(b) Legislation and Regulations. These 

areas were reviewed under Criteria 

1–14, 17, 19, 21, and 23–33 in the draft 

staff assessment. The Wyoming Statutes 

Sections 35–11–2001(a) through (c) 

provide the authority to enter into the 

Agreement and establish the Wyoming 

Department of Environmental Quality as 

the lead agency for the State’s Uranium 

Recovery Program. The Department has 

the requisite authority to promulgate 

regulations under Wyoming Statute 

Section 35–11–2002(b) for protection 

against radiation. The Wyoming Statutes 

Sections 35–11–2001 through -2005 also 

provide the Uranium Recovery Program 

the authority to issue licenses and 

orders; conduct inspections; and enforce 

compliance with regulations, license 

conditions, and orders. The Wyoming 

Statute Section 35–11–2003(d) requires 

licensees to provide access to 

inspectors. 

The Wyoming Statute Section 35–11– 

2001(e) does not provide the State of 

Wyoming with authority over 

independent or commercial laboratories. 

Under the proposed Agreement, the 

NRC would retain regulatory authority 

over laboratory facilities that are not 

located at facilities licensed under the 

State of Wyoming’s regulatory authority. 

The State of Wyoming would only 

regulate laboratory facilities located at 

uranium or thorium mills. The NRC 

staff verified that the State of Wyoming 

adopted the relevant NRC regulations in 

parts 19, 20, 40, 71, and 150 of title 10 

of the Code of Federal Regulations (10 

CFR), into the Wyoming Uranium 

Recovery Program Rules Chapters 1 

through 9. Therefore, on the proposed 

effective date of the Agreement, the 

State of Wyoming will have adopted an 

adequate and compatible set of radiation 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29831 

protection regulations that apply to 

byproduct materials as defined in 

Section 11e.(2) of the AEA and source 

material associated with milling 

activities. The NRC staff also verified 

that the State of Wyoming will not 

attempt to enforce regulatory matters 

reserved to the Commission. 

(c) Storage and Disposal. These areas 

were reviewed under Criteria 8, 9a, 11, 

29, 30, 31, and 32 in the draft staff 

assessment. The State of Wyoming has 

adopted NRC compatible requirements 

for the handling and storage of 

radioactive material. The State of 

Wyoming has adopted an adequate and 

compatible set of radiation protection 

regulations that apply to byproduct 

material as defined in Section 11e.(2) of 

the AEA and source material associated 

with milling activities. 

As a result of the class of byproduct 

material it will be regulating (Section 

11e.(2) of the AEA), the State of 

Wyoming is not required to have 

regulations compatible to 10 CFR part 

61 for waste disposal. Rather, the State 

of Wyoming is required to have 

regulations that are compatible with 10 

CFR part 40 for the disposal of 

byproduct material as defined in 

Section 11e.(2) of the AEA and source 

material associated with milling 

activities. The NRC staff confirmed that 

the State of Wyoming has adopted 

regulations that are compatible with the 

NRC regulations in 10 CFR part 40 for 

the disposal of byproduct material and 

source material associated with milling 

activities, which are equivalent to the 

applicable standards contained in 10 

CFR part 61. 

These regulations address the general 

requirements for waste disposal and are 

applicable to all licensees covered 

under this proposed Agreement. 

The NRC staff identified one portion 

of the Wyoming Statute that is 

potentially not compatible with NRC 

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

AEA ensures that ownership of the 

byproduct material itself is inseparable 

from the site on which it is disposed. 

Consequently, the State of Wyoming has 

the option of taking title to the material 

and its disposal site, but the Uranium 

Mill Tailings Radiation Control Act 

(UMTRCA) does not permit a State to 

bifurcate ownership of the disposed 

byproduct material and the property 

rights necessary to ensure its safe 

disposal. The Wyoming Statute Section 

35–11–2004(c), enacted in anticipation 

of the State of Wyoming’s assumption of 

the NRC’s regulatory authority for 

uranium and thorium milling, could 

permit the bifurcation of the disposed 

byproduct material and its disposal site 

by the State. As discussed in Criterion 

30c. of the draft staff assessment, this 

bifurcation of the land and the disposed 

byproduct material could conflict with 

the AEA (as amended by UMTRCA), 

and Article II.B.2.b. in the proposed 

Agreement. 

Based on Commission direction, the 

NRC staff concluded that Criterion 30c. 

is satisfied in the following manner: The 

Commission could complete the process 

for the final application package for the 

Agreement, including publishing the 

proposed Agreement for comment, by 

noting that the Commission’s finding of 

compatibility is contingent on the State 

of Wyoming revising this provision, 

during the next legislative session, to be 

compatible with AEA Section 

83b.(1)(A). Thus, an Agreement could be 

executed, but it would include a 

provision that the State of Wyoming has 

until the end of the 2019 legislative 

session to amend Wyoming Statute 

Section 35–11–2004(c) to be compatible 

with AEA Section 83b.(1)(A), or the 

Agreement will terminate without 

further NRC action. The Agreement 

would also explicitly state that the NRC 

will reject any State of Wyoming request 

to terminate a license that proposes to 

bifurcate the ownership of byproduct 

material and its disposal site between 

the State and the federal government. 

The NRC staff determined that there is 

little practical risk that the State of 

Wyoming’s current statutory provisions 

would result in the bifurcation of the 

11e.(2) byproduct material from the land 

since the NRC is required to review and 

approve any State-proposed termination 

of a uranium mill license. 

(d) Transportation of Radioactive 

Material. This area was reviewed under 

Criteria 10 and 35 in the draft staff 

assessment. The State of Wyoming has 

adopted compatible regulations to the 

NRC regulations in 10 CFR part 71. Part 

71 contains the requirements licensees 

must follow when preparing packages 

containing radioactive material for 

transport. 

Part 71 also contains requirements 

related to the licensing of packaging for 

use in transporting radioactive 

materials. 

(e) Recordkeeping and Incident 

Reporting. These areas were reviewed 

under Criteria 1, 11, and 35 in the draft 

staff assessment. The State of Wyoming 

has adopted compatible regulations to 

the sections of the NRC regulations that 

specify requirements for licensees to 

keep records and to report incidents or 

accidents involving the State’s regulated 

Agreement materials. 

(f) Evaluation of License Applications. 

This area was reviewed under Criteria 1, 

7, 8, 9a, 13, 14, 20, 23, 25, and 29–35 

in the draft staff assessment. The State 

of Wyoming has adopted compatible 

regulations to the NRC regulations that 

specify the requirements a person must 

meet to get a license to possess or use 

radioactive materials. The State of 

Wyoming has also developed a licensing 

procedure manual, along with 

accompanying regulatory guides, which 

are adapted from similar NRC 

documents and contain guidance for the 

program staff when evaluating license 

applications. 

(g) Inspections and Enforcement. 

These areas were reviewed under 

Criteria 1, 16, 18, 19, 23, 35, and 36 in 

the draft staff assessment. The State of 

Wyoming has adopted a schedule 

providing for the inspection of licensees 

as frequently as, or more frequently 

than, the inspection schedule used by 

the NRC. The State of Wyoming’s 

Uranium Recovery Program has adopted 

procedures for the conduct of 

inspections, reporting of inspection 

findings, and reporting inspection 

results to the licensees. Additionally, 

the State of Wyoming has also adopted 

procedures for the enforcement of 

regulatory requirements. 

(h) Regulatory Administration. This 

area was reviewed under Criterion 23 in 

the draft staff assessment. The State of 

Wyoming is bound by requirements 

specified in its State law for rulemaking, 

issuing licenses, and taking enforcement 

actions. The State of Wyoming has also 

adopted administrative procedures to 

assure fair and impartial treatment of 

license applicants. The State of 

Wyoming law prescribes standards of 

ethical conduct for State employees. 

(i) Cooperation with Other Agencies. 

This area was reviewed under Criteria 

25, 26, and 27 in the draft staff 

assessment. The State of Wyoming law 

provides for the recognition of existing 

NRC and Agreement State licenses and 

the State has a process in place for the 

transition of active NRC licenses. Upon 

the effective date of the Agreement, all 

active uranium recovery NRC licenses 

issued to facilities in the State of 

Wyoming, with the exception of the 

ANC license, will be recognized as 

Wyoming Department of Environmental 

Quality licenses. 

The State of Wyoming also provides 

for ‘‘timely renewal.’’ This provision 

affords the continuance of licenses for 

which an application for renewal has 

been filed more than 30 days prior to 

the date of expiration of the license. 

NRC licenses transferred while in timely 

renewal are included under the 

continuation provision. 

The State of Wyoming regulations, in 

Chapter 4, Section 6(d), provide 

exemptions from the State’s 

requirements for the NRC and the U.S. 


sradovich on DSK3GMQ082PROD with NOTICES
29832 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 

Department of Energy contractors or 

subcontractors; the exemptions must be 

authorized by law and determined not 

to endanger life or property and to 

otherwise be in the public interest. The 

proposed Agreement commits the State 

of Wyoming to use its best efforts to 

cooperate with the NRC and the other 

Agreement States in the formulation of 

standards and regulatory programs for 

the protection against hazards of 

radiation, and to assure that the State’s 

program will continue to be compatible 

with the Commission’s program for the 

regulation of Agreement materials. The 

proposed Agreement specifies the 

desirability of reciprocal recognition of 

licenses, and commits the Commission 

and the State of Wyoming to use their 

best efforts to accord such reciprocity. 

The State of Wyoming would be able to 

recognize the licenses of other 

jurisdictions by order or specific 

license. 

There are six UMTRCA Title II sites 

in the State of Wyoming (ADAMS 

Accession No. ML16300A294) 

undergoing decommissioning. These 

sites are: (1) Anadarko Bear Creek, 

Powder River Basin; (2) Pathfinder, 

Lucky Mc, Gas Hills; (3) Umetco 

Minerals Corporation, Gas Hills; (4) 

Western Nuclear Inc., Split Rock, Jeffrey 

City; (5) Exxon Mobile, Highlands, 

Converse County; and (6) ANC, Gas 

Hills. 

The State of Wyoming indicated it 

was opposed to assuming regulatory 

authority over the ANC site because the 

licensee is insolvent. To address the 

State of Wyoming’s proposed exclusion 

of the ANC site from the proposed 

Agreement, the NRC staff provided 

SECY–17–0081 ‘‘Status and Resolution 

of Issues Associated with the Transfer of 

Six Decommissioning Uranium Mill 

Sites to the State of Wyoming’’ (ADAMS 

Accession No. ML17087A355) to the 

Commission. In SRM–SECY–17–0081 

(ADAMS Accession No. ML17277A783), 

the Commission approved the NRC 

staff’s recommendation for the NRC to 

retain regulatory authority over the ANC 

site and stated that the Commission’s 

retention of the ANC site ‘‘is not a 

change to the Commission’s current 

Agreement State policy, but is instead 

an exception to that policy based on 

case-specific facts.’’ Article II.A.14. of 

the proposed Agreement specifies that 

the Commission retains regulatory 

authority over the ANC license. 

With regard to the five other 

decommissioning UMTRCA sites, the 

NRC staff has developed a draft 

Memorandum of Understanding (MOU) 

between the NRC and the State of 

Wyoming as a separate document from 

the proposed Agreement. The objective 

of the MOU is to delineate specific 

actions that the NRC and the State of 

Wyoming would take to verify 

completion of the decommissioning of 

these sites. The MOU has been drafted 

and the NRC staff is currently working 

with the State of Wyoming to delineate 

how license termination will be 

addressed for each of the five sites. An 

assessment of the decommissioning 

status of the five UMTRCA sites and the 

activities that need to be completed 

prior to license termination (ADAMS 

Accession No. ML17040A501) has been 

completed. Once the MOU is completed 

and signed by both the NRC and the 

State of Wyoming, it will be published 

in the Federal Register. 

Staff Conclusion 

Section 274d. of the AEA provides 

that the Commission shall enter into an 

Agreement under Section 274b. with 

any State if: 

(a) The Governor of the State certifies 

that the State has a program for the 

control of radiation hazards adequate to 

protect public health and safety with 

respect to the Agreement materials 

within the State and that the State 

desires to assume regulatory 

responsibility for the Agreement 

materials; and 

(b) The Commission finds that the 

State program is in accordance with the 

requirements of Subsection 274o. and in 

all other respects compatible with the 

Commission’s program for the 

regulation of materials, and that the 

State program is adequate to protect 

public health and safety with respect to 

the materials covered by the proposed 

Agreement. 

The NRC staff has reviewed the 

proposed Agreement, the certification of 

Wyoming Governor Mead, and the 

supporting information provided by the 

Uranium Recovery Program of the 

Wyoming Department of Environmental 

Quality and Wyoming’s Office of the 

Attorney General. Based upon this 

review, the NRC staff concludes that the 

State of Wyoming Uranium Recovery 

Program satisfies the Section 274d. 

criteria as well as the criteria in the 

Commission’s Policy Statement 

‘‘Criteria for Guidance of States and 

NRC in Discontinuance of NRC 

Regulatory Authority and Assumption 

Thereof by States Through Agreement.’’ 

As noted above, the proposed 

Agreement includes a provision that the 

State of Wyoming has until the end of 

the 2019 legislative session to amend 

Wyoming Statute Section 35–11–2004(c) 

to be compatible with AEA Section 

83b.(1)(A) or the Agreement will 

terminate without further NRC action. 

The proposed Agreement also explicitly 

states that the NRC will reject any State 

of Wyoming request to terminate a 

license that proposes to bifurcate the 

ownership of byproduct material and its 

disposal site between the State and the 

Federal government. Pursuant to 

Commission direction, the NRC staff 

finding of compatibility is contingent on 

the State of Wyoming revising Wyoming 

Statute Section 35–11–2004(c) during 

the next legislative session to be 

compatible with AEA Section 

83b.(1)(A). The proposed State of 

Wyoming program to regulate 

Agreement materials, as comprised of 

statutes, regulations, procedures, and 

staffing is compatible with the 

Commission’s program and is adequate 

to protect public health and safety with 

respect to the materials covered by the 

proposed Agreement. Therefore, the 

proposed Agreement meets the 

requirements of Section 274 of the AEA. 

Dated at Rockville, Maryland, this 20th day 

of June 2018. 

For the Nuclear Regulatory Commission. 

Andrea L. Kock, 

Acting Director, Division of Materials Safety, 

Security, State, and Tribal Programs, Office 

of Nuclear Material Safety and Safeguards. 

APPENDIX A 

AN AGREEMENT BETWEEN THE 

UNITED STATES NUCLEAR 

REGULATORY COMMISSION AND 

THE STATE OF WYOMING FOR THE 

DISCONTINUANCE OF CERTAIN 

COMMISSION REGULATORY 

AUTHORITY AND RESPONSIBILITY 

WITHIN THE STATE PURSUANT TO 

SECTION 274 OF THE ATOMIC 

ENERGY ACT OF 1954, AS AMENDED 

WHEREAS, The United States 

Nuclear Regulatory Commission 

(hereinafter referred to as ‘‘the 

Commission’’) is authorized under 

Section 274 of the Atomic Energy Act of 

1954, as amended, 42 U.S.C. Section 

2011 et seq. (hereinafter referred to as 

‘‘the Act’’), to enter into agreements 

with the Governor of any State 

providing for discontinuance of the 

regulatory authority of the Commission 

within the State under Chapters 6, 7, 

and 8, and Section 161 of the Act with 

respect to byproduct material as defined 

in Section 11e.(2) of the Act and source 

material involved in the extraction or 

concentration of uranium or thorium in 

source material or ores at milling 

facilities; and, 

WHEREAS, The Governor of the State 

of Wyoming is authorized under 

Wyoming Statute Section 35–11–2001 to 

enter into this Agreement with the 

Commission; and, 

WHEREAS, The Governor of the State 

of Wyoming certified on November 14, 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29833 

2017, that the State of Wyoming 

(hereinafter referred to as ‘‘the State’’) 

has a program for the control of 

radiation hazards adequate to protect 

public health and safety with respect to 

the materials within the State covered 

by this Agreement and that the State 

desires to assume regulatory 

responsibility for such materials; and, 

WHEREAS, The Commission found 

on [date] that the program of the State 

for the regulation of the materials 

covered by this Agreement is 

compatible with the Commission’s 

program for the regulation of such 

materials and is adequate to protect 

public health and safety; and, 

WHEREAS, The State and the 

Commission recognize the desirability 

and importance of cooperation between 

the Commission and the State in the 

formulation of standards for protection 

against hazards of radiation and in 

assuring that State and Commission 

programs for protection against hazards 

of radiation will be coordinated and 

compatible; and, 

WHEREAS, the Commission and the 

State recognize the desirability of the 

reciprocal recognition of licenses, and of 

the granting of limited exemptions from 

licensing of those materials subject to 

this Agreement; and, 

WHEREAS, This Agreement is 

entered into pursuant to the Act; 

NOW, THEREFORE, It is hereby 

agreed between the Commission and the 

Governor of the State of Wyoming acting 

on behalf of the State as follows: 

ARTICLE I 

Subject to the exceptions provided in 

Articles II, IV, and V, the Commission 

shall discontinue, as of the effective 

date of this Agreement, the regulatory 

authority of the Commission in the State 

under Chapters, 7, and 8, and Section 

161 of the Act with respect to the 

following materials: 

A. Byproduct material as defined in 

Section 11e.(2) of the Act; and, 

B. Source material involved in the 

extraction or concentration of uranium 

or thorium in source material or ores at 

uranium or thorium milling facilities 

(hereinafter referred to as ‘‘source 

material associated with milling 

activities’’). 

ARTICLE II 

A. This Agreement does not provide 

for the discontinuance of any authority, 

and the Commission shall retain 

authority and responsibility, with 

respect to: 

1. Byproduct material as defined in 

Section 11e.(1) of the Act; 

2. Byproduct material as defined in 

Section 11e.(3) of the Act; 

3. Byproduct material as defined in 

Section 11e.(4) of the Act; 

4. Source material except for source 

material as defined in Article I.B. of this 

Agreement; 

5. Special nuclear material; 

6. The regulation of the land disposal 

of byproduct, source, or special nuclear 

material received from other persons, 

excluding 11e.(2) byproduct material or 

source material described in Article I.A. 

and B. of this Agreement; 

7. The evaluation of radiation safety 

information on sealed sources or 

devices containing byproduct, source, or 

special nuclear material and the 

registration of the sealed sources or 

devices for distribution, as provided for 

in regulations or orders of the 

Commission; 

8. The regulation of the construction 

and operation of any production or 

utilization facility or any uranium 

enrichment facility; 

9. The regulation of the export from 

or import into the United States of 

byproduct, source, or special nuclear 

material, or of any production or 

utilization facility; 

10. The regulation of the disposal into 

the ocean or sea of byproduct, source, or 

special nuclear material waste as 

defined in the regulations or orders of 

the Commission; 

11. The regulation of the disposal of 

such other byproduct, source, or special 

nuclear material as the Commission 

from time to time determines by 

regulation or order should, because of 

the hazards or potential hazards thereof, 

not to be so disposed without a license 

from the Commission; 

12. The regulation of activities not 

exempt from Commission regulation as 

stated in 10 CFR part 150; 

13. The regulation of laboratory 

facilities that are not located at facilities 

licensed under the authority 

relinquished under Article I.A. and B. of 

this Agreement; and, 

14. Notwithstanding this Agreement, 

the Commission shall retain regulatory 

authority over the American Nuclear 

Corporation license. 

B. Notwithstanding this Agreement, 

the Commission retains the following 

authorities pertaining to byproduct 

material as defined in Section 11e.(2) of 

the Act: 

1. Prior to the termination of a State 

license for such byproduct material, or 

for any activity that results in the 

production of such material, the 

Commission shall have made a 

determination that all applicable 

standards and requirements pertaining 

to such material have been met. 

2. The Commission reserves the 

authority to establish minimum 

standards governing reclamation, longterm surveillance or maintenance, and 

ownership of such byproduct material 

and of land used as its disposal site for 

such material. Such reserved authority 

includes: 

a. The authority to establish terms and 

conditions as the Commission 

determines necessary to assure that, 

prior to termination of any license for 

such byproduct material, or for any 

activity that results in the production of 

such material, the licensee shall comply 

with decontamination, 

decommissioning, and reclamation 

standards prescribed by the Commission 

and with ownership requirements for 

such material and its disposal site; 

b. The authority to require that prior 

to termination of any license for such 

byproduct material or for any activity 

that results in the production of such 

material, title to such byproduct 

material and its disposal site be 

transferred to the United States or the 

State at the option of the State (provided 

such option is exercised prior to 

termination of the license); 

c. The authority to permit use of the 

surface or subsurface estates, or both, of 

the land transferred to the United States 

or a State pursuant to paragraph 2.b. in 

this section in a manner consistent with 

the provisions of the Uranium Mill 

Tailings Radiation Control Act of 1978, 

provided that the Commission 

determines that such use would not 

endanger public health, safety, welfare, 

or the environment; 

d. The authority to require, in the case 

of a license for any activity that 

produces such byproduct material 

(which license was in effect on 

November 8, 1981), transfer of land and 

material pursuant to paragraph 2.b. in 

this section taking into consideration 

the status of such material and land and 

interests therein and the ability of the 

licensee to transfer title and custody 

thereof to the United States or a State; 

e. The authority to require the 

Secretary of the United States 

Department of Energy, other Federal 

agency, or State, whichever has custody 

of such byproduct material and its 

disposal site, to undertake such 

monitoring, maintenance, and 

emergency measures as are necessary to 

protect public health and safety and 

other actions as the Commission deems 

necessary; and, 

f. The authority to enter into 

arrangements as may be appropriate to 

assure Federal long-term surveillance or 

maintenance of such byproduct material 

and its disposal site on land held in 

trust by the United States for any Indian 

Tribe or land owned by an Indian Tribe 


sradovich on DSK3GMQ082PROD with NOTICES
29834 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 

and subject to a restriction against 

alienation imposed by the United States. 

3. The Commission retains the 

authority to reject any State request to 

terminate a license that proposes to 

bifurcate the ownership of 11e.(2) 

byproduct material and its disposal site 

between the State and the Federal 

government. Upon passage of a revised 

Wyoming Statute Section 35–11–2004(c) 

that the NRC finds compatible with 

Section 83b.(1)(A) of the Act, this 

paragraph expires and is no longer part 

of this Agreement. 

ARTICLE III 

With the exception of those activities 

identified in Article II, A.8 through 

A.11, this Agreement may be amended, 

upon application by the State and 

approval by the Commission to include 

one or more of the additional activities 

specified in Article II, A.1 through A.7, 

whereby the State may then exert 

regulatory authority and responsibility 

with respect to those activities. 

ARTICLE IV 

Notwithstanding this Agreement, the 

Commission may from time to time by 

rule, regulation, or order, require that 

the manufacturer, processor, or 

producer of any equipment, device, 

commodity, or other product containing 

source, byproduct, or special nuclear 

material shall not transfer possession or 

control of such product except pursuant 

to a license or an exemption for 

licensing issued by the Commission. 

ARTICLE V 

This Agreement shall not affect the 

authority of the Commission under 

Subsection 161b. or 161i. of the Act to 

issue rules, regulations, or orders to 

protect the common defense and 

security, to protect restricted data, or to 

guard against the loss or diversion of 

special nuclear material. 

ARTICLE VI 

The Commission will cooperate with 

the State and other Agreement States in 

the formulation of standards and 

regulatory programs of the State and the 

Commission for protection against 

hazards of radiation and to assure that 

Commission and State programs for 

protection against hazards of radiation 

will be coordinated and compatible. The 

State agrees to cooperate with the 

Commission and other Agreement States 

in the formulation of standards and 

regulatory programs of the State and the 

Commission for protection against 

hazards of radiation and to assure that 

the State’s program will continue to be 

compatible with the program of the 

Commission for the regulation of 

materials covered by this Agreement. 

The State and the Commission agree to 

keep each other informed of proposed 

changes in their respective rules and 

regulations and to provide each other 

the opportunity for early and 

substantive contribution to the proposed 

changes. 

The State and the Commission agree to 

keep each other informed of events, 

accidents, and licensee performance 

that may have generic implication or 

otherwise be of regulatory interest. 

ARTICLE VII 

The Commission and the State agree 

that it is desirable to provide reciprocal 

recognition of licenses for the materials 

listed in Article I licensed by the other 

party or by any other Agreement State. 

Accordingly, the Commission and the 

State agree to develop appropriate rules, 

regulations, and procedures by which 

reciprocity will be accorded. 

ARTICLE VIII 

A. The Commission, upon its own 

initiative after reasonable notice and 

opportunity for hearing to the State or 

upon request of the Governor of the 

State, may terminate or suspend all or 

part of this agreement and reassert the 

licensing and regulatory authority 

vested in it under the Act if the 

Commission finds that (1) such 

termination or suspension is required to 

protect public health and safety, or (2) 

the State has not complied with one or 

more of the requirements of Section 274 

of the Act. 

1. This Agreement will terminate 

without further NRC action if the State 

does not amend Wyoming Statute 

Section 35–11–2004(c) to be compatible 

with Section 83b.(1)(A) of the Act by the 

end of the 2019 Wyoming legislative 

session. Upon passage of a revised 

Wyoming Statute Section 35–11–2004(c) 

that the NRC finds compatible with 

Section 83b.(1)(A) of the Act, this 

paragraph expires and is no longer part 

of the Agreement. 

B. The Commission may also, 

pursuant to Section 274j. of the Act, 

temporarily suspend all or part of this 

agreement if, in the judgment of the 

Commission, an emergency situation 

exists requiring immediate action to 

protect public health and safety and the 

State has failed to take necessary steps. 

The Commission shall periodically 

review actions taken by the State under 

this Agreement to ensure compliance 

with Section 274 of the Act, which 

requires a State program to be adequate 

to protect public health and safety with 

respect to the materials covered by this 

Agreement and to be compatible with 

the Commission’s program. 

ARTICLE IX 

In the licensing and regulation of 

byproduct material as defined in 

Section 11e.(2) of the Act, or of any 

activity that results in production of 

such material, the State shall comply 

with the provisions of Section 274o. of 

the Act, if in such licensing and 

regulation, the State requires financial 

surety arrangements for reclamation or 

long-term surveillance and maintenance 

of such material. 

A. The total amount of funds the State 

collects for such purposes shall be 

transferred to the United States if 

custody of such material and its 

disposal site is transferred to the United 

States upon termination of the State 

license for such material or any activity 

that results in the production of such 

material. Such funds include, but are 

not limited to, sums collected for longterm surveillance or maintenance. Such 

funds do not, however, include monies 

held as surety where no default has 

occurred and the reclamation or other 

bonded activity has been performed; 

and, 

B. Such surety or other financial 

requirements must be sufficient to 

ensure compliance with those standards 

established by the Commission 

pertaining to bonds, sureties, and 

financial arrangements to ensure 

adequate reclamation and long-term 

management of such byproduct material 

and its disposal site. 

ARTICLE X 

This Agreement shall become effective 

on [date], and shall remain in effect 

unless and until such time as it is 

terminated pursuant to Article VIII. 

Done at [location] this [date] day of 

[month], 2018. 

For the Nuclear Regulatory Commission. 

Kristine L. Svinicki, Chairman. 

Done at [location] this [date] day of 

[month], 2018. 

For the State of Wyoming. 

Matthew H. Mead, Governor 

[FR Doc. 2018–13626 Filed 6–25–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–331; NRC–2018–0123] 

Duane Arnold Energy Center 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment application; 

withdrawal by applicant. 


sradovich on DSK3GMQ082PROD with NOTICES