reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0012 - Voluntary Remediation Program › Chapter 1 - POLLUTION PREVENTION PLAN REQUIREMENTS FOR ELIGIBILITY IN THE VRP › Section 1-7 - Alternative Minimum Pollution Prevention Operating Standards

Current through July 13, 2024
(a) Facilities identified in Section
				4(b) of this Chapter and
				where applicable according to Section
				5 of this Chapter, shall be implementing
				alternative minimum pollution prevention operating standards.
(b) Written documentation shall be available
				to the Administrator which describes the actions taken to implement each
				element of the alternative minimum pollution prevention operating standards
				including evidence of such implementation.
(c) The alternative minimum pollution
				prevention standards shall include:
(i)
				Implementation of pollution prevention practices as defined in Section
				2 of this Chapter;
(ii) Good housekeeping practices which
				include, but are not limited to:
(A) Proper
				management of contaminants to prevent releases by adopting operational
				controls; and
(B) Employing spill
				and leak prevention measures.
(iii) Cleaning up all spills or leaks
				immediately;
(iv) Maintaining
				release prevention supplies or materials such as absorbent pads or
				booms;
(v) Keeping processing areas
				organized and free from clutter;
(vi) Labeling transfer containers with
				contents and hazard recognition information;
(vii) Keeping all containers closed when not
				in use;
(viii) Preventative
				maintenance practices. Such practices include, but are not limited to:
(A) Efforts to prevent releases of
				contaminants through equipment maintenance or inspection;
(B) Maintaining a master preventative
				maintenance schedule;
(C) Keeping
				vendor supplied maintenance manuals for all process equipment;
(D) Maintaining records of repairs and
				service;
(E) Implementing an
				inspection or monitoring program of potential release sources; and
(F) Maintaining a corrosion prevention
				program for all equipment in contact with soil.
(ix) Segregation and storage practices. Such
				practices include, but are not limited to any or all of the following:
(A) Preventing the mixing of hazardous and
				nonhazardous wastes;
(B) Storing
				materials in compatible groups to prevent adverse reactions in the event of a
				spill;
(C) Segregating different
				solvents;
(D) Isolating liquid
				wastes from solid wastes;
(E)
				Maintaining good labeling practices; and
(F) Storing contaminants on impermeable,
				bermed pads.
(x)
				Employee involvement, training and awareness programs. Such activities include,
				but are not limited to the following:
(A)
				Encouraging employees to reduce/eliminate spills;
(B) Training employees regarding release
				prevention;
(C) Training employees
				on awareness and understanding of the pollution prevention operating
				standards;
(D) Reviewing instances
				where pollution prevention operating standards have prevented releases;
				and
(E) Recommending and
				implementing actions to reduce spills and releases.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0012 - Voluntary Remediation Program › Chapter 1 - POLLUTION PREVENTION PLAN REQUIREMENTS FOR ELIGIBILITY IN THE VRP › Section 1-8 - Federal CFRs incorporated by reference in Section 4 of this Chapter

Current through July 13, 2024
The following provisions apply to all such references in this
				  Chapter:
(a) In all cases, the
				referenced CFRs are lengthy documents in and of themselves. Inserting the
				entire text of these documents into this Chapter would be unduly cumbersome and
				expensive;
(b) The references to
				the CFRs in this Chapter fully identify the material by title, location, and
				date;
(c) Copies of the CFR can be
				purchased at cost from the publisher; the U.S. Government Printing Office, 732
				N. Capitol St., NW, Washington, DC 20401 or viewed at
				http://www.gpoaccess.gov/cfr/index.html; and
(d) Copies of the CFRs referenced in this
				Chapter are also available for public inspection and copies can be obtained at
				cost from the Wyoming Department of Environmental Quality, Solid and Hazardous
				Waste Division, 122 West 25th Street, 4th Floor
				West, Cheyenne, WY 82002 or viewed on the Department's web page at
				http://deq.state.wy.us/shwd/.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
(a) These rules and
				regulations are promulgated pursuant to the Wyoming Environmental Quality Act,
				Wyoming Statute (W.S.) §
									
										35-11-2001
et seq
. These
				rules and regulations are effective upon filing with the Secretary of
				State.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Purpose

Current through July 13, 2024
(a) It is the
				purpose of these rules to state such requirements as shall be applied in the
				use of source material involved in the extraction or concentration of uranium
				or thorium in source material and ores at uranium or thorium milling facilities
				and the management and disposal of associated byproduct material (referred to
				throughout these rules as licensed material) such that the Department can
				ensure the protection of the public health and safety to all persons at, or in
				the vicinity of, the place of use, storage, or disposal.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Scope

Current through July 13, 2024
(a) Except as
				otherwise specifically provided, these rules apply to all persons who receive,
				possess, use, offer and receive for transfer, own, or acquire any source
				material involved in the extraction or concentration of uranium or thorium in
				source material and ores at uranium or thorium milling facilities and the
				management and disposal of associated byproduct material. Nothing in these
				rules shall apply to any person to the extent such person is subject to
				regulation not relinquished by the United States Nuclear Regulatory Commission
				(NRC). These rules do not govern the mining or removal of source material in
				its natural state or independent or commercial laboratory facilities that
				possess, use, or accept byproduct or source material. These rules apply to
				laboratories located at facilities licensed under these regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Incorporation by Reference (IBR) of Code of Federal Regulations (CFR)

Current through July 13, 2024
(a) AVAILABILITY OF
				REFERENCED MATERIAL. The federal rules adopted by reference throughout these
				rules are maintained at the following locations:
(i) Electronic copies of the federal rules
				adopted by reference throughout these rules may be obtained from the U.S.
				Government Printing Office, http://www.ecfr.gov; and
(ii) Volumes of the federal rules adopted by
				reference throughout these rules are available for public inspection at the
				Wyoming Department of Environmental Quality, Uranium Recovery Program, 200 West
				17th Street, Suite 10, Cheyenne, Wyoming 82002. Printed copies of the federal
				rules adopted by reference throughout these rules are also available at cost
				from the U.S. Government Printing Office, 732 North Capitol Street Northwest,
				Washington D.C. 20401 or at
http://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print
.
				Copies of the federal rules adopted by reference throughout these rules may be
				requested at cost through the Wyoming Department of Environmental Quality,
				which will order the materials from the U.S. Government Printing Office.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Definitions

Current through July 13, 2024
The following terms, as used in these rules and regulations
				  shall, unless the context otherwise requires, have the following
				  meanings:
(a) "Absorbed Dose" means the
				energy imparted by ionizing radiation per unit mass of irradiated material. The
				units of absorbed dose are the rad and the gray (Gy).
(b) "Act" means Environmental Quality Act,
				W.S. §
									
										35-11-103
et seq
.
(c) "Action Limits" means the minimum and
				maximum values of a quality assurance measurement that can be interpreted as
				representing acceptable performance with respect to the parameter being tested.
				Values less than the minimum or greater than the maximum action limit or level
				indicate that corrective action must be taken. Action limits or levels are also
				sometimes called control limits or levels.
(d) "Activity" means the rate of
				disintegration (transformation) or decay of radioactive material. The units of
				activity are the curie (Ci) and the bequerel (Bq).
(e) "Adult" means an individual 18 or more
				years of age.
(f) "Agreement State"
				means a state with which the Atomic Energy Commission or the Nuclear Regulatory
				Commission has entered into an effective agreement under Section 274(b) of the
				Atomic Energy Act of 1954 (AEA), as amended (
				42 U.S.C. §
										2021 ). Non-agreement State means any other
				State.
(g) "Airborne Radioactive
				Material" means a radioactive material dispersed in the air in the form of
				dusts, fumes, particulates, mists, vapors, or gases.
(h) "Airborne Radioactivity Area" means a
				room, enclosure, or area in which airborne radioactive materials, composed
				wholly or partly of licensed material, exists in concentrations:
(i) In excess of the derived air
				concentrations (DACs), specified in 10 C.F.R. Part 20, Appendix B, or
(ii) To such a degree that an individual
				present in the area without respiratory protective equipment could exceed,
				during the hours an individual is present in a week, an intake of 0.6 percent
				of the annual limit on intake (ALI), or 12 DAC hours.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-7 - Units of Exposure and Dose

Current through July 13, 2024
(a) As used in
				these rules, the unit of exposure is the coulomb per kilogram (C per kg). One
				roentgen is equal to 2.58 x 10-4 coulomb per
				kilogram of air.
(b) As used in
				these rules, the units of dose are:
(i) Gray
				(Gy) is the SI unit of absorbed dose. One gray is equal to an absorbed dose of
				one joule per kilogram. One gray equals 100 rad.
(ii) Rad is the special unit of absorbed
				dose. One rad is equal to an absorbed dose of 100 erg per gram or 0.01 joule
				per kilogram. One rad equals 0.01 Gy.
(iii) Rem is the special unit of any of the
				quantities expressed as dose equivalent. The dose equivalent in rem is equal to
				the absorbed dose in rad multiplied by the quality factor. One rem equals 0.01
				Sv.
(iv) Sievert (Sv) is the SI
				unit of any of the quantities expressed as dose equivalent. The dose equivalent
				in sievert is equal to the absorbed dose in gray multiplied by the quality
				factor. One Sv equals 100 rem.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-8 - Units of Radioactivity

Current through July 13, 2024
For purposes of these rules, activity is expressed in the SI
				  unit of becquerel (Bq), or in the special unit of curie (Ci), or their
				  multiples, or disintegrations or transformations per unit of
				  time.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-10 - Deliberate misconduct

Current through July 13, 2024
(a) No person may
				do any of the following:
(i) Engage in
				deliberate misconduct that causes or would have caused, if not detected, a
				licensee under this Chapter to be in violation of any rule or order of the
				Department; or any term, condition or limitation of any license issued by the
				Department under this Chapter; or
(ii) Deliberately submit to the Department
				any information that the person knows to be incomplete or inaccurate. This
				includes licensees, and contractors and subcontractors to licensees.
(iii) Deliberate misconduct by a person means
				an intentional act or omission that the person knows:
(A) Would cause a licensee to be in violation
				of any rule, regulation, or order; or any term, condition, or limitation issued
				by the Department; or
(B)
				Constitutes a violation of a requirement, procedure, instruction, contract,
				purchase order, or policy of a licensee or a contractor or subcontractor of a
				licensee.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-11 - Exemptions

Current through July 13, 2024
(a) The Department
				may upon application or upon its own initiative, grant such exemptions or
				exception from requirements as it determines are authorized by law and will not
				result in undue hazard to public health and safety or property. Provisions for
				exceptions are provided for in W.S. §
									
										35-11-2003(c).
(b) Additionally, the Department authorizes
				exemptions for the possession, use, transfer, or acquisition of any byproduct
				material, or source material extracted or concentrated at a uranium or thorium
				milling facility to any U.S. Department of Energy contractor or subcontractor
				and any U.S Nuclear Regulatory Commission contractor or subcontractor of the
				following categories operating within this State:
(i) Prime contractors performing work for the
				U.S. Department of Energy at U.S. Government owned or controlled sites,
				including the transportation of sources of radiation to or from such sites and
				the performance of contract services during temporary interruptions of such
				transportation;
(ii) Prime
				contractors of the U.S. Department of Energy performing research in, or
				development, manufacture, storage, testing, or transportation of, atomic
				weapons or components thereof;
(iii) Prime contractors of the U.S.
				Department of Energy using or operating nuclear reactors or other nuclear
				devices in the U.S. Government owned vehicles or vessels; and
(iv) Any other prime contractor or
				subcontractor of the U.S. Department of Energy or the U.S. Nuclear Regulatory
				Commission when the State and the U.S. Nuclear Regulatory Commission determine
				that:
(A) The exemption of the prime
				contractor or subcontractor is authorized by law; and
(B) Under the terms of the contract or
				subcontract, there is adequate assurance that the work thereunder can be
				accomplished without undue risk to the public health and safety.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 1 - GENERAL PROVISIONS › Section 1-12 - Records

Current through July 13, 2024
(a) A licensee
				shall maintain records showing the receipt, transfer, and disposal of all
				licensed material.
(b) All records
				required by this Chapter shall be accurate and factual.
(c) Additional records requirements are
				specified elsewhere in these rules. If the record retention period is not
				specified, the record shall be maintained for a period of three years.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 2 - INSPECTIONS, ENFORCEMENT, AND PENALTIES › Section 2-1 - Purpose

Current through July 13, 2024
(a) This Chapter
				establishes requirements to ensure the protection of the public health and
				safety and of all persons at, or in the vicinity of, the place of use, storage,
				or disposal of source material involved in the extraction or concentration of
				uranium or thorium in source material and ores at milling facilities and the
				management and disposal of the associated byproduct material.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 2 - INSPECTIONS, ENFORCEMENT, AND PENALTIES › Section 2-2 - Scope

Current through July 13, 2024
(a) This Chapter
				applies to the authorized and unauthorized extraction or concentration of
				uranium or thorium in source material and ores at milling facilities. The
				Department may inspect, enforce, and penalize both licensees and non-licensees
				for the unlawful possession, use, transfer, ownership or other such unpermitted
				handling of byproduct material and source material involved in the extraction
				or concentration of uranium or thorium at uranium and thorium facilities in
				accordance with these rules, the Act, and applicable state and federal
				laws.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 2 - INSPECTIONS, ENFORCEMENT, AND PENALTIES › Section 2-3 - Inspections and Testing

Current through July 13, 2024
(a) Each licensee
				and applicant shall obtain, afford, and grant access to the Department, at all
				reasonable times, the opportunity to inspect licensed material, facilities,
				premises, and records to ensure compliance with these rules, the Act, licensing
				conditions, and other applicable state and federal laws.
(b) As required by the Department, each
				licensee shall perform, or shall permit the Department to perform, such
				reasonable tests as the Department deems appropriate or necessary including,
				but not limited to, the testing of:
(i)
				Source material from the extraction or concentration of uranium or thorium at
				uranium or thorium milling facilities, and byproduct material;
(ii) Facilities wherein licensed materials
				are used or stored; and
(iii)
				Radiation detection and monitoring instruments.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 2 - INSPECTIONS, ENFORCEMENT, AND PENALTIES › Section 2-4 - Violations

Current through July 13, 2024
(a) All violations
				of this Act or these rules are subject to penalty as provided by Wyoming
				Statute (W.S.) §
									
										35-11-901.
(b) An injunction or other court order may be
				obtained prohibiting any violation of any provision of the Act or these
				rules.
(c) Submittal of false
				information shall be sufficient basis for rejecting or revoking any Department
				issued license, registration, certification or other acceptance, approval or
				permit.
(d) These rules and
				regulations shall not limit any existing civil or criminal remedies in
				accordance with W.S §.
				
										35-11-904.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 2 - INSPECTIONS, ENFORCEMENT, AND PENALTIES › Section 2-5 - Enforcement

Current through July 13, 2024
(a) The Department
				may issue Notices of Violation and Orders pursuant to W.S. §
									
										35-11-701.
(b) Licensee initiative for
				self-identification and correction of problems is encouraged. The Department
				will generally not issue Notices of Violation for a violation that:
(i) Was identified by the licensee;
(ii) Results in low or no health and safety
				consequences;
(iii) Was documented,
				in writing, for review by the Department;
(iv) Was or will be corrected, including
				measures to prevent recurrence, within ninety (90) days, or another time frame
				approved by the Department; and
(v)
				Was not a violation that could reasonably be expected to have been prevented by
				the licensee's corrective action for a previous violation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 2 - INSPECTIONS, ENFORCEMENT, AND PENALTIES › Section 2-6 - Orders and other Administrative Actions

Current through July 13, 2024
(a) The Department
				may issue Orders:
(i) To remove a threat to
				public health and safety or the environment;
(ii) To demand that a Licensee or other
				person cease and desist violations or unauthorized or illegal activities;
				or
(iii) For any other reason in
				which license revocation or suspension is authorized.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 3 - RADIATION PROTECTION STANDARDS › Section 3-1 - Purpose

Current through July 13, 2024
(a) This Chapter
				establishes standards for protection against ionizing radiation resulting from
				activities conducted pursuant to licenses issued by the Department.
(b) This Chapter is designed to control the
				receipt, possession, use, transfer, or disposal of licensed material such that
				the total dose to an individual, excluding radiation dose from background
				sources, does not exceed the standards for protection against radiation as
				outlined in this Chapter.
(c) The
				limits provided for in this Chapter do not apply to doses due to background,
				from medical diagnosis or therapy, from individuals administered radioactive
				material and released, or from voluntary participation in medical
				research.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 3 - RADIATION PROTECTION STANDARDS › Section 3-2 - Scope

Current through July 13, 2024
(a) This Chapter
				applies to persons licensed by the Department to acquire, own, possess, use,
				transfer, offer or receive for transport, or dispose of licensed
				material.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 3 - RADIATION PROTECTION STANDARDS › Section 3-4 - Incorporation by Reference of 10 Code of Federal Regulations (C.F.R.) Part 20; Standards for Protection Against Radiation

Current through July 13, 2024
(a) Any reference
				in these rules to requirements, or procedures contained in 10 C.F.R., Part 20,
				Sections 20.1001 through 20.2402 shall constitute the full adoption by
				reference of that part and subparts as they appear in 10 C.F.R., revised as of
				January 1, 2022, including any notes and appendices therein, unless expressly
				provided otherwise in these rules. These rules do not include any later
				amendments or editions of the incorporated matter.
(b) The following 10 C.F.R. sections, as of
				January 1, 2022, are excluded from these rules and are not incorporated by
				reference: 20.1001, 20.1002, 20.1003, 20.1004(a), 20.1005, 20.1006, 20.1007,
				20.1008, 20.1009, 20.1206, 20.1301(c), 20.1401, 20.1402, 20.1403, 20.1404,
				20.1405, 20.1406(b), 20.1601(f), 20.1903(b), 20.1903(d), 20.1905(g),
				20.2003(b), 20.2104 (b), 20.2105, 20.2203(c), 20.2204, 20.2206(a)(1),
				20.2206(a)(3), 20.2206(a)(4), 20.2206(a)(5), 20.2401, 20.2402, and Appendix
				D.
(c) Any references in the
				federal rules adopted by reference to "NRC Headquarters Operations Center," or
				any component thereof, in 10 CFR Part 20 shall be deemed to be a reference to
				the Department and the Uranium Recovery Program.
(d) Any references in the federal rules
				adopted by reference to the United States Nuclear Regulatory Commission (NRC),
				or any component thereof, shall be deemed to be a reference to the Department
				and the Uranium Recovery Program.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-1 - Purpose

Current through July 13, 2024
(a) This Chapter
				establishes the criteria for issuance and terms of conditions upon which the
				Department may issue licenses to receive title to, acquire, own, possess, use,
				transfer, offer or receive for transport, or deliver any licensed material.
				This Chapter also governs the operation of facilities for-handling and
				disposing of licensed material. This Chapter also provides requirements for
				decommissioning and the long-term care and maintenance of byproduct material.
				Unless otherwise specified, the requirements of this Chapter are in addition
				to, and not in substitution for, other applicable requirements of these
				rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-2 - Scope

Current through July 13, 2024
(a) This Chapter
				establishes performance objectives and procedural requirements applicable to
				any licensee. This Chapter also applies to waste systems for byproduct
				material, including specific technical and financial requirements for siting,
				construction, operation, monitoring, decontamination, reclamation, and ultimate
				stabilization of byproduct material, 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.
(b) A person
				subject to the regulations of this Chapter may not receive title to, acquire,
				own, possess, use, transfer, offer or receive for transport, provide for
				long-term care and maintenance, or deliver or dispose of licensed material, or
				residual radioactive material as defined in Chapter 1, General Provisions after
				removal from its place of deposit in nature, unless authorized in a general or
				specific license issued by the Department pursuant to this Chapter.
(c) In instances where this Chapter conflicts
				with Chapter 11 of the Non-Coal Rules and Regulations, this Chapter shall
				govern.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-3 - Incorporation by Reference

Current through July 13, 2024
(a) Any reference
				in these rules to requirements, or procedures contained in 10 Code of Federal
				Regulations (C.F.R.) Part 40, Sections 40.2(a), 40.36(f), 40.51, 40.54, 40.55,
				40.61, and Appendix A shall constitute the full adoption by reference of that
				part and subparts as they appear in 10 C.F.R. 40, Appendix A, revised as of
				January 1, 2022, unless expressly provided otherwise in these rules. These
				rules do not include any later amendments or editions of incorporated
				matter.
(b) The following 10 C.F.R.
				portions, including all subparts, as of January 1, 2022 are excluded from these
				rules and are not incorporated by reference: 40.51(b)(6) and the following
				portions of 10 C.F.R. Part 40, Appendix A: Introduction definitions; Section
				III Site and Byproduct Material Ownership, Criterion 9(h)(4), Criterion 11; and
				Section IV Long-Term Site Surveillance, Criterion 12.
(c) Any reference in these rules to
				requirements, or procedures contained in
				10 C.F.R. §§
										150.20 and
				150.31
				shall constitute the full adoption by reference of that part and subparts as
				they appear in
				10 C.F.R. §§
										150.20 and
				150.31,
				revised as of January 1, 2022, unless expressly provided otherwise in these
				rules. These rules do not include any later amendments or editions of
				incorporated matter.
(d) The
				following sections, as of January 1, 2022 are excluded from these rules and are
				not incorporated by reference:
				10 C.F.R. §
										150.15,
				150.15(a),
				and
				150.31(b)(3)(iv).
				The NRC shall retain the rights reserved to the NRC in
				10 C.F.R. §§
										150.15 and
				150.15(a).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-4 - Deliberate Misconduct

Current through July 13, 2024
(a) Any licensee,
				applicant for a license, employee of a licensee or applicant, or any contractor
				(including a supplier or consultant), subcontractor, employee of a contractor
				or subcontractor of any licensee or applicant for a license, who knowingly
				provides to any licensee, applicant, contractor, or subcontractor, any
				component, equipment, materials, or other goods or services that relate to a
				licensee's or applicant's activities in part, may not:
(i) Engage in deliberate misconduct that
				causes or would have caused, if not detected, a licensee or applicant to be in
				violation of any rule, regulation, or order; or any term, condition, or
				limitation of any license issued by the Department.
(ii) Deliberately submit to the NRC or
				Department information known to be materially incomplete or
				inaccurate.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-5 - Filing an Application for a Specific License

Current through July 13, 2024
(a) Two copies of
				the application for a specific license shall be mailed, or sent electronically
				as approved by the Administrator, to the Department accompanied with the
				license application fee, pursuant to Chapter 13 of these rules to:
Wyoming Department of Environmental Quality
Land Quality Division
200 W. 17th Street, Suite
				  10
Cheyenne, WY 82002
(b) The application for a specific license,
				and copies thereof, may be submitted in conjunction with an application for a
				mining permit as described in Wyoming Statute (W.S.) §§
									35-11-406
				and -428. An application for a specific license, and copies thereof, shall be
				presented in a clean and orderly manner, as determined appropriate by the
				Department. Hard copies of specific license applications shall be bound, with
				the use of a three ring binder or something comparable, such that the
				information is easily accessible and pages are not misplaced.
(c) A permit to mine, when applicable, shall
				be obtained prior to the license being issued. Failure to obtain a permit to
				mine shall be grounds for refusing to issue a license. As determined by the
				Department, activities such as toll milling shall not require a permit to
				mine.
(d) Information provided by
				an applicant or licensee to the Department shall be complete and accurate in
				all material respects.
(e) Each
				applicant or licensee shall notify the Department of information identified by
				the applicant or licensee as having, for the regulated activity, a significant
				implication for public health and safety. An applicant or licensee violates
				this paragraph only if the applicant or licensee fails to notify the Department
				of information that the applicant or licensee has identified as having a
				significant implication for public health and safety. This requirement is not
				applicable to information which is already required to be provided to the
				Department by other reporting requirements.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-7 - Pre-Licensing Construction

Current through July 13, 2024
(a) Except as
				provided in this Chapter, the applicant shall not commence construction at any
				plant or facility in which the licensed activity will occur until the
				Department has issued a license. Commencement of construction, defined in
				Chapter 1 of these rules, prior to issuance of the license may be grounds for
				denial of a license.
(b) At a
				minimum, an application for a specific license to receive title to, acquire,
				own, possess, use, transfer, offer or receive for transport, and use licensed
				material shall be filed with the Department at least nine (9) months prior to
				the commencement of construction of any plant or facility in which the licensed
				activity will occur, and in accordance with existing applicable law, including
				Chapter 3 of the Non-Coal Rules and Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-8 - General Requirements for Issuance of Specific Licenses

Current through July 13, 2024
(a) An application
				for a specific license may be approved if the Department determines that:
(i) The applicant is qualified by reason of
				training and experience, to use licensed material for the purpose requested in
				the subject application consistent with the governing statutes and rules and in
				such a manner as to minimize danger to public health and safety, or
				property;
(ii) The applicant's
				proposed equipment, facilities, and procedures are adequate to minimize danger
				to public health and safety or property;
(iii) The applicant satisfies the
				requirements listed in this Chapter;
(iv) The issuance of the license will not be
				detrimental to the health and safety of the public;
(v) The applicant is financially qualified to
				conduct the licensed activity, including any required decontamination,
				decommissioning, reclamation, or disposal; and
(vi) The applicant has satisfied the
				requirements of Chapter 6 of these rules.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-10 - Operational Requirements

Current through July 13, 2024
Each licensee shall:
(a) Operate in accordance with the
				requirements and objectives of 10 C.F.R. Part 40, Appendix A, and this Chapter,
				including the procedures required by Section
				9(f) and the monitoring
				required by Section
				9(g).
(b) Submit a semi-annual report to the
				Department within sixty (60) days following January 1 and July 1 of each year.
				The report must specify the quantity of each of the principal radionuclides
				released to unrestricted areas in liquid and in gaseous effluents during the
				previous six months of operation, and such other information as the Department
				may require to estimate the maximum potential annual radiation doses to the
				public resulting from effluent releases. If quantities of radioactive materials
				released during the reporting period are significantly above the licensee's
				design objectives previously reviewed as part of the most recent licensing
				action, the report shall cover this specifically. On the basis of such reports
				or any additional information the Department may obtain from the licensee or
				others, the Department may require the licensee to take such actions as the
				Department deems appropriate to protect public health and safety and the
				environment.
(c) Licensee shall
				report events that have significant radiological effects on employee safety,
				public health, or the environment to the Department according to the following:
(i) All licensees shall notify the Department
				as soon as possible but no later than four (4) hours after the discovery of an
				event that prevents immediate protective actions necessary to avoid exposure to
				radiation or licensed materials that could exceed regulatory limits (events may
				include fires, explosions, toxic gas releases, etc.). The following events
				require immediate notification to the Department:
(A) Any failure in a tailings or waste
				retention system which results in a release of tailings or waste into
				unrestricted areas; and
(B) Any
				unusual conditions which are not contemplated in the design of the retention
				system and which if not corrected could lead to failure of the system and
				result in a release of tailings or waste into unrestricted areas.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-11 - Expiration and Termination of Licenses

Current through July 13, 2024
(a) The term of the
				specific license is for a fixed term not to exceed ten (10) years.
(b) Expiration of the specific license does
				not relieve the licensee of the requirements of the Act, these rules, or
				existing license conditions.
(c)
				All license provisions continue in effect beyond the expiration date with
				respect to possession of licensed material until the Department notifies the
				former licensee in writing that the provisions of the license are no longer
				binding. During this time, the former licensee must:
(i) Limit actions involving radioactive
				material to strictly decommissioning related activities; and
(ii) Continue to control entry to restricted
				areas until the location(s) is suitable for release for unrestricted use or for
				release for long-term care and maintenance.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-12 - Renewal of Licenses

Current through July 13, 2024
(a) A licensee
				shall notify the Department of their intent to renew their license at least
				thirty (30) days prior to the expiration of the existing license.
(i) Upon receipt of the notification to
				renew, the Department shall open the original license application, including,
				but not limited to, all applicable renewals and amendments, to:
(A) Ensure the application accurately
				reflects current operations;
(B)
				Incorporates changes to industrial standards codified in these rules;
				and
(C) Incorporate operational
				data to accurately set design objectives.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-13 - Amendments of Licenses at Request of Licensee

Current through July 13, 2024
(a) Application for
				amendment of a license shall be filed in accordance with Section
				9 of this Chapter and shall specify the
				items which the licensee desires the license to be amended and the grounds for
				such amendment such items being beyond the scope of the licensee's ability to
				address under its performance based license.
(b) In considering an application by a
				licensee to renew or amend his license the Department will apply the applicable
				criteria set forth in Section
				8(a) of this
				Chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-14 - Modification and Revocation of Licenses

Current through July 13, 2024
(a) The terms and
				conditions of all licenses shall be subject to amendment, revision, or
				modification at the request of the licensee.
(b) The Department may suspend or revoke a
				license for significant noncompliance to the Act, rules, regulations, or orders
				issued by the Department.
(c) The
				Department may suspend or revoke any license in whole or in part, for any false
				material statement in the application, any false statement of fact required
				under the provisions of the Act, or because of any report, record, or
				inspection or other means which would warrant the Department to refuse to grant
				a license on an original application.
(d) Except in the case of wanton and willful
				behavior or in situations where the public health, interest, or safety requires
				otherwise, no license shall be modified, suspended, or revoked unless, prior to
				the institution of proceedings therefore, facts or conduct which may warrant
				such action shall have been called to the attention of the licensee in writing
				and the licensee shall have been accorded an opportunity to demonstrate or
				achieve compliance with all lawful requirements.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-15 - Public Notice

Current through July 13, 2024
(a) Upon completion
				of the Department's review of an application, the Department shall provide
				notice to the public of issuance of an initial draft decision where the license
				application is approved, approved with conditions, or denied.
(i) The initial draft decision shall include,
				but is not limited to, the following:
(A) A
				decision analysis, that includes discussions on environmental impacts;
				and
(B) The final technical
				analysis conducted by the Department.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-16 - Decommissioning Requirements

Current through July 13, 2024
(a) The licensee
				shall notify the Department in writing within sixty (60) days of the licensee
				deciding to permanently cease principal activities at the entire site or in any
				separate building or outdoor area that contains residual radioactivity such
				that the building or outdoor area is unsuitable for release in accordance with
				these regulations.
(b) The licensee
				shall notify the Department in writing within sixty (60) days if no principal
				activities under the license have been conducted for a period of twenty-four
				(24) months; or no principal activities have been conducted for a period of
				twenty-four (24) months in any separate building or outdoor area that contains
				residual radioactivity such that the building or outdoor area is unsuitable for
				release in accordance with NRC regulations.
(c) From the date of written notification
				sent to the Department required in Sections 16(a) and (b), the licensee shall
				either:
(i) Begin decommissioning activities;
				or
(ii) Within twelve (12) months
				of written notification submit a decommissioning plan, if required by section
				17(a) of this Chapter or
				10 C.F.R. Part 40, Appendix A, and begin decommissioning upon the Department
				approval of that plan.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL › Section 4-17 - Decommissioning Plan

Current through July 13, 2024
(a) Each licensee
				authorized to receive, possess, and use licensed material shall submit a plan
				for completion of decommissioning, if the procedures necessary to carry out
				decommissioning:
(i) Have not been previously
				approved by the Department; or
(ii)
				Could increase potential health and safety impacts to workers or to the public,
				such as in any of the following cases:
(A)
				Procedures would involve techniques not applied routinely during cleanup or
				maintenance operations;
(B) Workers
				would be entering areas not normally occupied where surface contamination and
				radiation levels are significantly higher than routinely encountered during
				operation;
(C) Procedures could
				result in significantly greater airborne concentrations of radioactive
				materials than are present during operation; or
(D) Procedures could result in significantly
				greater releases of radioactive material to the environment than those
				associated with operation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 5 - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS › Section 5-1 - Purpose

Current through July 13, 2024
(a) This Chapter
				establishes requirements for notices, instructions, and reports by licensees to
				individuals engaged in work under a license and options available to such
				individuals in connection with the Department's inspections of licensees to
				ascertain compliance with the provisions of the Wyoming Environmental Quality
				Act, Wyoming Statute §§ 35 - 112001
et seq
, and
				regulations, orders, and licenses issued thereunder regarding radiological
				working conditions as specified within the provision of the Atomic Energy Act
				of 1954, as amended.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 5 - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS › Section 5-3 - Incorporation by Reference (IBR) of 10 Code of Federal Regulations (C.F.R.) Part 19; Notice, Instructions and Reports to Workers: Inspection and Investigations

Current through July 13, 2024
(a) The Department
				fully adopts and hereby incorporates by reference 10 C.F.R, Part 19, revised as
				of January 1, 2022, including all sections and any notes and appendices
				therein, unless expressly provided otherwise in these rules. These rules do not
				include any later amendments or editions of the incorporated matter.
(b) The following 10 C.F.R. sections as
				listed on January 1, 2022 are excluded from these rules: 19.1, 19.2, 19.3,
				19.5, 19.8, 19.14(a), and 19.18.
(c) Any references in 10 C.F.R. Part 19
				adopted by reference to the United States Nuclear Regulatory Commission (NRC)
				or any component thereof shall be deemed to be a reference to the
				Department.
(d) Any reference in
				the federal rules adopted by reference to the Commission's "Form 3" shall be
				deemed a reference to the Department's "Uranium Recovery Program Form
				3".
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-1 - Purpose

Current through July 13, 2024
(a) This Chapter
				provides for financial assurance arrangements in support of decontamination,
				decommissioning, reclamation, restoration, disposal, and any other activity
				required by the Department, for costs associated with the licensed facilities
				and sites.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-2 - Scope

Current through July 13, 2024
(a) This Chapter
				sets forth the requirements of Wyoming Statute (W.S.) §§
									
										35-11-417 through 418 and
				
										35-11-2003(e) for the
				establishment of financial assurance arrangements for licensees listed in these
				rules. Such financial assurance arrangements may consist of surety bonds,
				federally insured certificates of deposit payable to the Department, cash
				deposits, certificates of deposits, deposits of government securities,
				irrevocable letters of credit issued by a bank organized to do business in the
				United States, or any combination of approved mechanisms.
(b) Licensees shall comply with the
				requirements of 10 Code of Federal Regulations (C.F.R.) Part 40, Appendix A,
				Criterion 9 and 10, as incorporated by reference in Chapter 4 of these
				rules.