[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Notices]
[Pages 5521-5526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02317]
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NUCLEAR REGULATORY COMMISSION
[NRC-2025-2062]
State of Wyoming: NRC Staff Assessment of a Proposed Amendment to
the Agreement Between the Nuclear Regulatory Commission and the State
of Wyoming
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed amendment to state agreement; request for comment.
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SUMMARY: As required by Section 274e. of the Atomic Energy Act of 1954,
as amended (AEA), the U.S. Nuclear Regulatory Commission (NRC or
Commission) is publishing the proposed Agreement for public comment
(Appendix A). The NRC is also publishing the summary of a draft
assessment by the NRC staff of the State of Wyoming's regulatory source
material program. Comments are requested on the proposed amendment to
the Agreement and its effect on public health and safety. Comments are
also requested on the draft staff assessment, the adequacy of the State
of Wyoming's source material program, and the adequacy of the staffing
of the State's program, as discussed in this document.
DATES: Submit comments by March 2, 2026. 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 on or before
this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking Website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-2062. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-5-A85, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: Allyce Bolger, telephone: 301-415-
0855; email: [email protected] and Huda Akhavannik, telephone: 301-
415-5253; email: [email protected]. Both are staff of the Office
of Nuclear Material Safety and Safeguards at the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-2062 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-2062.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public 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 [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking Website (https://www.regulations.gov). Please
include Docket ID NRC-2025-2062 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
https://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.
SUPPLEMENTARY INFORMATION: By letter dated August 5, 2025, Governor
Mark Gordon of the State of Wyoming requested that the U.S. Nuclear
Regulatory Commission (NRC or Commission) amend its Agreement with the
State of Wyoming as authorized by Section 274b. of the Atomic Energy
Act of 1954, as amended (AEA). Under the proposed amendment to the
Agreement, the Commission would discontinue, and the State of Wyoming
would assume, regulatory authority over source material recovered from
any mineral resources processed primarily for purposes other than its
uranium or thorium content. Since 2018, Wyoming's existing Agreement
allows the State to assume regulatory authority over byproduct
materials as defined in Section 11e.(2) of the AEA, and source
materials involved in the extraction or concentration of uranium or
thorium in source material and ores at milling facilities.
II. Additional Information on Agreements Entered Under Section 274 of
the AEA
Under the proposed amended Agreement, the NRC would discontinue its
authority over source material recovered from any mineral resources
processed primarily for purposes other than its uranium or thorium
content and would transfer its regulatory authority to the State of
Wyoming. There is
[[Page 5522]]
currently one NRC licensee that would be transferred to the State of
Wyoming under this proposed amended Agreement. 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 document is being published
in fulfillment of that requirement.
III. Proposed Amended 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 State of Wyoming has requested authority over a subcategory of
source material in this amendment to its Agreement, specifically:
(a) source material recovered from any mineral resources processed
primarily for purposes other than its uranium or thorium content.
(b) The proposed amended Agreement contains articles that:
(i) Specify the materials and activities over which authority was
transferred in 2018 and in this amendment;
(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, protect 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 amended
Agreement; and
(vii) Specify the effective date of the proposed amended Agreement.
The Commission reserves the option to modify the terms of the
proposed amendment to the Agreement in response to comments, to correct
errors, and to make editorial changes. The final text of the proposed
amended Agreement, with the effective date, will be published after the
amended 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 Wyoming
Environmental Quality Act, Wyoming Statutes Sec. Sec. 35-11-2001
through 2004, Sec. Sec. 35-11-101 et seq., and Sec. Sec. 16-3-101 et
seq., 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 licenses from the NRC to the State. In a letter dated August
5, 2025, Governor Gordon 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 amended Agreement,
and that the State desires to assume regulatory responsibility for
these materials and activities. After the effective date of the amended
Agreement, the license issued by the NRC would continue in effect as a
State of Wyoming license until the license expires or is replaced by
State-issued license.
(d) The draft staff assessment finds that the Wyoming Department of
Environmental Quality's Source Material Program is adequate to protect
public health and safety and is compatible with the NRC's regulatory
program for the regulation of source material recovered from any
mineral resources processed primarily for purposes other than its
uranium or thorium content.
Summary of the Draft NRC Staff Assessment of the State of Wyoming's
Program for the Regulation of Source Material
The NRC staff has examined the State of Wyoming's request for an
amended Agreement with respect to the ability of the State's radiation
control program to regulate source material recovered from any mineral
resources processed primarily for purposes other than its uranium or
thorium content. 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'' and
its associated Handbook. The Policy Statement has 28 criteria that
serve as the basis for the NRC staff's assessment of the State of
Wyoming's request for an amended Agreement. The following section will
reference the appropriate criteria numbers from the Policy Statement
that apply to each section. Criteria 9b, 15, and 22 do not apply to the
proposed Agreement since Wyoming's authority will be limited to the
regulation of uranium recovery facilities and source material recovered
from any mineral resources processed primarily for purposes other than
its uranium or thorium content.
(a) Organization and Personnel. The NRC staff reviewed these areas
under Criteria 1, 2, 20, and 24 in the draft staff assessment. The
State of Wyoming's proposed amended Agreement program for the
regulation of source material is called the ``Source Material
Program,'' and will be located within the Land Quality Division in the
Department of Environmental Quality along with the existing Agreement
program that regulates uranium recovery facilities.
The educational requirements for the Source Material Program staff
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 meet
the requirements of a bachelor's degree in the physical, life science,
or engineering; or an equivalent combination of education and
experience has been substituted for the degree. All have training and
work experience in radiation protection. Supervisory level staff each
have at least 20 years of working experience in radiation protection.
The State of Wyoming performed an analysis of the expected workload
under the proposed amended Agreement. Based on the NRC staff review of
the State of Wyoming's analysis, the State has an adequate number of
staff to regulate source material under the terms of the proposed
amended Agreement. The State of Wyoming will employ the equivalent of 3
full-time equivalent professional and technical staff to support the
Source Material Program.
The State of Wyoming has indicated that the Source Material Program
has an adequate number of trained and qualified staff in place. The
State of Wyoming has developed qualification
[[Page 5523]]
procedures for license reviewers and inspectors that are similar to the
NRC's procedures. The Source Material Program staff has accompanied the
NRC staff on inspections of the NRC licensee in Wyoming. The Source
Material Program staff is also actively supplementing its experience
through meetings, discussions, and through self-study, in-house
training, and formal training.
Overall, the NRC staff concluded that the Source Material Program
staff identified by the State of Wyoming to participate in the
Agreement 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 source materials.
(b) Legislation and Regulations. The NRC staff reviewed these areas
under Criteria 1-9a, 10-14, 17, 19, 21, and 23-28 in the draft staff
assessment. Wyoming Statutes Sec. Sec. 35-11-2001 provide the
authority to enter into the amended Agreement and establish the Wyoming
Department of Environmental Quality as the lead agency for the State's
Source Material Program. The Department has the requisite authority to
promulgate regulations under the Wyoming Statutes Sec. Sec. 35-11-
2002(b) for protection against radiation. Wyoming Statutes Sec. Sec.
35-11-2003 and 2004 provide the Source Material Program the authority
to issue licenses and orders; conduct inspections; and enforce
compliance with regulations, license conditions, and orders. Wyoming
Statute Sec. 35-11-2003(d) requires licensees to provide access to
inspectors.
The NRC staff verified that the State of Wyoming adopted by
reference the relevant NRC regulations in parts 19, 20, 40, 61, 71, and
150 of title 10 of the Code of Federal Regulations (10 CFR) into the
Wyoming Source Material Rules and Regulations Chapters 1-9. The State
of Wyoming is currently revising its source material regulations to
address NRC comments. The revised regulations, expected to be finalized
by the end of 2025, were reviewed by NRC staff and address all NRC
comments. Therefore, the State of Wyoming will adopt an adequate and
compatible set of radiation protection regulations that apply to source
material recovered from any mineral resources processed primarily for
purposes other than its uranium or thorium content. 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. The NRC staff reviewed these areas under
Criteria 8, 9a, and 11 in the draft staff assessment. The State of
Wyoming has adopted NRC compatible requirements for the handling and
storage of radioactive material, including regulations equivalent to
the applicable standards contained in 10 CFR part 20, which address the
general requirements for waste disposal, and 10 CFR part 61, which
addresses waste classification and form. These regulations are
applicable to all licensees covered under this proposed amended
Agreement.
(d) Transportation of Radioactive Material. The NRC staff reviewed
this area under Criteria 10 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 source material for transport. Part
71 also contains requirements related to the licensing of packaging for
use in transporting source material.
(e) Recordkeeping and Incident Reporting. The NRC staff reviewed
this area under Criteria 1 and 11 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 specified in the proposed amended
Agreement.
(f) Evaluation of License Applications. The NRC staff reviewed this
area under Criteria 1, 7, 8, 9a, 13, 14, 20, 23, and 25 in the draft
staff assessment. The State of Wyoming has adopted compatible
regulations to the NRC regulations that specify the requirements to
obtain a license to possess or use source material. The State of
Wyoming has also developed licensing procedures and adopted NRC
licensing guides for specific uses of source material for use by the
program staff when evaluating license applications.
(g) Inspections and Enforcement. The NRC staff reviewed these areas
under Criteria 1, 16, 18, 19, and 23 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 source material
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. The NRC staff reviewed this area
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 ensure 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. The NRC staff reviewed this
area 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 the active NRC license. Upon the effective date of the
amended Agreement, the active NRC license for materials covered by the
amended Agreement will be recognized as a Wyoming Department of
Environmental Quality license.
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.
The State of Wyoming regulations in the Source Material Rules and
Regulations Chapters 1-9 provide exemptions from the State's
requirements for the NRC, and the U.S. Department of Energy contractors
or subcontractors. The proposed amended 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 amended 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.
Consistent with NRC requirements, the State of Wyoming would be able to
recognize the licenses of other jurisdictions by general license, as
appropriate.
Staff Conclusion
Section 274d. of the AEA provides that the Commission shall enter
into an Agreement under Section 274b. with any State if:
[[Page 5524]]
(a) The Governor of that State certifies that the State has a
program for the control of radiation hazards adequate to protect the
public health and safety with respect to the materials within the State
covered by the proposed Agreement, and that the State desires to assume
regulatory responsibility for such 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 such
materials and 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 amended Agreement, the
certification of Wyoming Governor Gordon, and the supporting
information provided by the Source Material Program of the Wyoming
Department of Environmental Quality. Based upon this review, the NRC
staff concludes that the State of Wyoming source material 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.'' The NRC staff also concludes that the
proposed State of Wyoming source material program to regulate source
material recovered from any mineral resources processed primarily for
purposes other than its uranium or thorium content, as comprised of
statutes, regulations, procedures, and staffing, is compatible with the
Commission's program and is adequate to protect the public health and
safety with respect to the materials covered by the proposed amended
Agreement. Therefore, the proposed amended Agreement meets the
requirements of Section 274 of the AEA.
IV. Executive Order Reviews
Executive Order (E.O.) 12866
The Office of Information and Regulatory Affairs has determined
that this proposed amendment to Wyoming's Agreement is not a
significant regulatory action under E.O. 12866.
E.O. 13132
This action does not have federalism implications, as defined in
Executive Order 13132. It will not significantly limit the rights,
roles, and responsibilities of State or local governments.
E.O. 14300
On May 23, 2025, President Donald J. Trump signed E.O. 14300,
``Ordering the Reform of the Nuclear Regulatory Commission.'' Section
5, ``Reforming and Modernizing the NRC's Regulations,'' requires the
NRC to undertake a review and wholesale revision of its regulations and
guidance documents as guided by the policies set forth in section 2 of
the E.O. The NRC is currently in the process of implementing the
direction in E.O. 14300. When the NRC finalizes its rules during the
implementation of E.O. 14300, the Agreement States will need to update
their own regulations, as necessary, to maintain compatibility with the
NRC's program within a specific timeframe.
V. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Document description ADAMS accession No.
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Wyoming Final Application to ML25227A230 (Package).
Amend Agreement, dated August
2025.
Wyoming Final Amended Application ML25267A041 (Package).
Supplemental Information.
Letter from Governor Mark Gordon, ML25227A232.
Wyoming, to Chairman Wright
requesting amended agreement be
established between the NRC and
State of Wyoming, dated August
5, 2025.
Staff Requirements Memorandum for ML23262B163.
SECY-23-0075 ``Wyoming's
Proposal to Amend the Existing
Agreement to Regulate the
Processing of Source Material to
Extract Mineral Resources Other
Than the Uranium or Thorium
Content,'' dated September 19,
2023.
SECY-23-075 ``Wyoming's Proposal ML23172A212.
to Amend the Existing Agreement
to Regulate the Processing of
Source Material to Extract
Mineral Resources Other Than the
Uranium or Thorium Content,''
dated August 24, 2023.
Draft Assessment of the Proposed ML25237A057.
Wyoming Program.
State Agreement (SA) 700 ML22138A414.
``Processing an Agreement,''
dated June 15, 2022.
SA-700 Handbook for Processing an ML22140A396.
Agreement Procedure, dated June
17, 2022.
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Dated: February 2, 2026.
For the Nuclear Regulatory Commission.
Dafna Silberfeld,
Acting Director, Division of Materials Safety, Security, State, and
Tribal Programs, Office of Nuclear Material Safety and Safeguards.
Appendix A
An Amended 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.
2011 et seq. (hereinafter referred to as ``the Act''), to enter into
an agreement with the Governor of the State of Wyoming (hereinafter
referred to as ``the 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, source
material involved in the extraction or concentration of uranium or
thorium in source material or ores at milling facilities, and source
material recovered from any mineral resources processed primarily
for purposes other than its uranium or thorium content; 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 Commission entered into an Agreement with the State
of Wyoming under Section 274 of the Act, which became effective on
September 30, 2018 (hereinafter referred to as the ``September 30,
2018 Agreement''), and provided 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
materials as defined in Section 11e.(2) of the Act, and source
materials involved in the extraction or concentration of uranium or
thorium in source material and ores at milling facilities; and,
Whereas, The Governor of the State of Wyoming submitted a letter
of intent on February 21, 2023, to the Commission to pursue this
amended Agreement which would allow the State to assume regulatory
authority for source material recovered from any mineral resources
processed primarily for purposes other than its uranium or thorium
content in addition to the materials covered under the September 30,
2018 Agreement; and,
Whereas, The Governor of the State of Wyoming certified on
August 5, 2025, that the State has a program for the control of
radiation hazards that is also adequate to protect public health and
safety with respect to the materials within the State covered by
[[Page 5525]]
this amended 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 of Wyoming for the regulation of the materials covered by this
amended Agreement is compatible with the Commission's program for
the regulation of such materials and is adequate to protect the
public health and safety; and,
Whereas, The State of Wyoming 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 of Wyoming 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
provisions of 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
that this amended Agreement supersedes the September 30, 2018,
Agreement 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 6, 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;
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''); and
C. Source material recovered from any mineral resources
processed primarily for purposes other than obtaining the source
material content.
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. and I.C. 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, operation, and
decommissioning 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
regulations or orders of the Commission;
11. The regulation of the disposal of such other byproduct,
source, or special nuclear material as the Commission 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);
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 and subject to a restriction against alienation imposed
by the United States.
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 byproduct, source, 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 promote 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: (a) protection against hazards of
radiation; and (b) to assure that Commission
[[Page 5526]]
and State programs for protection against the 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: (a) protection against
the hazards of radiation; and (b) 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 with 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
The Commission, upon its own initiative after reasonable notice
and opportunity for hearing to the State or upon request of the
Governor of Wyoming, 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 the public health
and safety, or (2) the State has not complied with one or more of
the requirements of Section 274 of the Act. Pursuant to Section
274j. of the Act, the Commission may, after notifying the Governor,
temporarily suspend all or part of this Agreement without notice or
hearing if, in the judgment of the Commission, an emergency
situation exists with respect to any material covered by this
Agreement creating danger which requires immediate action to protect
public health and safety of persons either within or outside the
State, and the State has failed to take steps necessary to contain
or eliminate the cause of the danger within a reasonable time after
the situation arose. 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 the 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.
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, 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 supersede the September 30, 2018 Agreement
and become effective on [date], and shall remain in effect unless
and until such time as it is terminated pursuant to Article VIII.
Done at [City, State], in triplicate, this [date] day of
[month], [year].
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
________,
Ho K. Nieh,
Chairman for the U.S. Nuclear Regulatory Commission for the State of
Wyoming.
________,
Mark Gordon, Governor.
[FR Doc. 2026-02317 Filed 2-5-26; 8:45 am]
BILLING CODE 7590-01-P