ML18205A251
| ML18205A251 | |
| Person / Time | |
|---|---|
| Issue date: | 07/27/2018 |
| From: | Dan Collins NRC/NMSS/DMSST |
| To: | Rugwell M US Dept of Interior, Bureau of Land Mgmt (BLM) |
| Poy S | |
| References | |
| Download: ML18205A251 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 27, 2018 Ms. Mary Jo Rugwell State Director U.S. Bureau of Land Management 5353 Yellowstone Road Cheyenne, WY 82009
SUBJECT:
REQUEST TO AMEND THE GAS HILLS URANIUM RECOVERY PROJECT PROGRAMMATIC AGREEMENT
Dear Ms. Rugwell:
This letter reaffirms the U.S. Nuclear Regulatory Commissions (NRCs) earlier e-mail request to the Bureau of Land Management (BLM) seeking an amendment to the Gas Hills Programmatic Agreement (PA) by removing the NRC from the PA. The State of Wyoming submitted a final application to assume regulatory authority over source material associated with uranium and thorium milling (also known as uranium recovery) and the management and disposal of 11e.(2) byproduct material (mill tailings) under the NRCs Agreement State program. The Commission recently published the proposed Agreement for public comment in the Federal Register on June 26, 2018 (83 FR 29828). If the Commission approves the Agreement State application, the NRC will discontinue and the State of Wyoming will assume regulatory authority over all uranium recovery activities in the State, including the Gas Hills Uranium Recovery Project license.
After the effective date of the Agreement, Wyoming will become the regulatory authority over the license, and the NRC will no longer be able to participate in the PA. The State of Wyoming has requested the effective date for the Agreement to be September 30, 2018. The NRC currently anticipates meeting this schedule.
During the initial licensing of the Gas Hills Uranium Recovery Project, the NRC negotiated a PA with BLM and other parties to mitigate adverse effects on historic properties in accordance with Section 106 of the National Historic Preservation Act (NHPA). In 2012, the Signatories amended the PA to designate the BLM as the lead federal agency responsible for fulfilling the Section 106 requirements.
Section III of the PA Amendment states:
BLM shall be the lead federal agency to fulfill requirements of Section 106 of the NHPA for the undertakings at the Gas Hill Project site. Throughout the original PA, all lead agency responsibilities identified for NRC, including dispute resolution, shall be completed by BLM. BLM will provide copies of all historic and cultural reports to NRC for review and comment. If comments are not received within 30 days, BLM may assume concurrence. BLM will also provide copies of correspondence to NRC for their files.
Since the BLM is the lead federal agency on the PA, the NRC held a teleconference with the BLM and the Advisory Council on Historic Preservation (ACHP) to discuss amending the PA on July 19, 2018. The NRC sent a subsequent e-mail (Agencywide Documents Access and Management System Accession No. ML18207A372) to BLM on July 20, 2018 requesting an amendment to remove the NRC from the PA. This letter reaffirms the NRCs amendment request and notifies the other Signatories by copying them on this letter. As stated in Section N Amendment in the original PA, the Signatories will consult on the amendment request in accordance with 36 CFR Part 800.14 to consider such amendment. The NRC will also send separate notification letters to the Tribal organizations that consulted on the development of the PA.
Additional information on the Wyoming Agreement process and links to the documents mentioned in this letter can be found on our Web site at:
https://www.nrc.gov/about-nrc/state-tribal/agreement-states/wyoming.html. We periodically update this Web site at each milestone in the Agreement process and provide links to documents related to the Agreement.
If you have any questions about the Wyoming Agreement or the NRCs role in the PA, please contact me or Stephen Poy of my staff at (301) 415-7135 or at his e-mail at:
Stephen.Poy@nrc.gov.
Sincerely,
/RA Christian Einberg for/
Daniel S. Collins, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards cc:
Ryan Schierman, WYDEQ Cy Lee, Wind River Development Fund Lynette Bell, THPO, Shoshone Tribe of the Wind River Reservation Devin B. Oldman, THPO, Northern Arapaho Tribe Teanna Limpy, THPO, Cheyenne Nation Mary Hopkins, Wyoming State Historic Preservation Office Josh Leftwich, Cameco Resources Wyoming Attorney Generals Office Sarah Stokely, Advisory Council on Historic Preservation Kelly Fanizzo, Advisory Council on Historic Preservation
SUBJECT:
REQUEST TO AMEND THE GAS HILLS URANIUM RECOVERY PROJECT PROGRAMMATIC AGREEMENT DATED: JULY 27, 2018 DISTRIBUTION:
C. Einberg, NMSS C. Roman-Cuevas, NMSS J. Park, NMSS ML18205A251 OFC NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME SPoy PMichalak Via e-mail JOlmstead CEinberg for DCollins DATE 7/24/18 7/24/18 7/23/18 7/27/18 OFFICIAL RECORD COPY