[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48905-48908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21229]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / 
Rules and Regulations  

[[Page 48905]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 150

[NRC-2018-0104]


State of Wyoming: Discontinuance of Certain Commission Regulatory 
Authority Within the State; Notice of Agreement Between the NRC and the 
State of Wyoming

AGENCY: Nuclear Regulatory Commission.

ACTION: Final State agreement.

-----------------------------------------------------------------------

SUMMARY: This document is announcing that on September 25, 2018, 
Kristine L. Svinicki, Chairman of the U.S. Nuclear Regulatory 
Commission (NRC or Commission), and Governor Matthew H. Mead of the 
State of Wyoming, signed an Agreement as authorized by Section 274b. of 
the Atomic Energy Act of 1954, as amended (the Act). Under the 
Agreement the Commission discontinues its regulatory authority, and the 
State of Wyoming assumes regulatory authority over the management and 
disposal of byproduct material as defined in Section 11e.(2) of the Act 
and a subcategory of source material or ores involved in extraction or 
concentration of uranium or thorium milling in the State. As of the 
effective date of the Agreement, a person in Wyoming possessing these 
materials is exempt from certain Commission regulations. The exemptions 
have been previously published in the Federal Register (FR) and are 
codified in the Commission's regulations. The Agreement is published 
here as required by Section 274e. of the Act.

DATES: The effective date of the Agreement is September 30, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0104 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0104. Address 
questions about dockets in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Document collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search''. For problems with ADAMS, contact the NRC's PDR reference 
staff at 1-800-397-4209, 301-415-4737, or by email to 
[email protected]. The ADAMS Accession numbers for the request for 
an Agreement by the Governor of Wyoming, including all information and 
documentation submitted in support of the request, and the NRC staff 
assessment are: ML16300A294, ML17319A921, ML18094B074, and ML18192B111 
(includes final staff assessment).
     NRC's Public Document Room (PDR): The public 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.

FOR FURTHER INFORMATION CONTACT: Stephen Poy, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555[dash]0001; telephone: 301-415-7135; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The NRC published the proposed Agreement in 
the Federal Register for comment once each week for 4 consecutive weeks 
on June 26, 2018 (83 FR 29828), July 3, 2018 (83 FR 31174), July 10, 
2018 (83 FR 31981), and July 17, 2018 (83 FR 33257), as required by the 
Act. The comment period ended on July 26, 2018. The Commission received 
11 comment letters and responses--two supporting the Agreement, three 
opposing the Agreement, and the remaining not stating an opinion or 
providing statements related to the proposed Agreement. The comments 
did not alter the NRC staff's finding that the Wyoming Agreement State 
program is adequate to protect public health and safety and compatible 
with the NRC's program. The Wyoming Agreement is consistent with 
Commission policy and thus meets the criteria for an Agreement with the 
Commission.
    After considering the request for an Agreement by the Governor of 
Wyoming, the supporting documentation submitted with the request for an 
Agreement, and its interactions with the staff of the Wyoming 
Department of Environmental Quality, the NRC staff completed an 
assessment of the Wyoming program. The agency made a copy of the staff 
assessment available in the NRC's Public Document Room (PDR) and 
electronically on the NRC's Web site. Based on the staff's assessment, 
the Commission determined on September 10, 2018, that the Wyoming 
program for control of radiation hazards is adequate to protect public 
health and safety and compatible with the Commission's program. This 
Agreement is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

    Dated at Rockville, Maryland, this 25th day of September, 2018.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

ATTACHMENT

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

[[Page 48906]]

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, 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 September 10, 2018, 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 
(License No. SUA-667; Docket No. 040-04492).
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, long-term 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);
    d. 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;
    e. The authority to require, in the case of a license for any 
activity that produces such byproduct material

[[Page 48907]]

(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;
    f. 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,
    g. 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 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 long-term 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

[[Page 48908]]

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 September 30, 2018, and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VIII.
Done at Cheyenne, Wyoming, in triplicate, this 25th day of September, 
2018.
FOR THE UNITED STATES
NUCLEAR REGULATORY COMMISSION.
/RA/
Kristine L. Svinicki, Chairman
FOR THE STATE OF WYOMING.
/RA/

Matthew H. Mead, Governor

[FR Doc. 2018-21229 Filed 9-27-18; 8:45 am]
 BILLING CODE 7590-01-P