ML18269A074
| ML18269A074 | |
| Person / Time | |
|---|---|
| Issue date: | 10/02/2018 |
| From: | Dan Collins NRC/NMSS/DMSST |
| To: | Schierman R State of WY, Dept of Environmental Quality |
| Poy S | |
| References | |
| Download: ML18269A074 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 2, 2018 Mr. Ryan Schierman Program Manager of Natural Resources Wyoming Department of Environmental Quality Land Quality Division 200W 17th Street Suite 10 Lower Level Cheyenne, WY 82002
SUBJECT:
PUBLIC COMMENTS REGARDING TRIBAL CONSULTATION RECEIVED ON THE PROPOSED WYOMING STATE AGREEMENT
Dear Mr. Schierman:
The U.S. Nuclear Regulatory Commission (NRC) staff received 11 comment letters during the public comment period for the proposed Wyoming Agreement and the draft staff assessment published in the Federal Register on June 26, 2018 (83 FR 29828)1. Two Tribes specifically expressed concerns that the transfer of regulatory authority to Wyoming would result in the end of tribal consultation with the federal government on licensing actions involving uranium mills.
The Tribes further expressed concern that the NRCs review of the proposed Agreement did not consider tribal consultation. Finally, the Tribes noted that Wyoming is not required to consult with tribes under the Agreement nor does the State have separate tribal consultation requirements.
The enclosure to this letter includes the seven comments that the NRC received regarding tribal consultation and the NRCs response stating the comments would be forwarded to the State of Wyoming for further consideration. A summary of all the comments the NRC received on the proposed Wyoming Agreement and draft staff assessment are available for review in the NRCs Agencywide Document Access and Management System (Accession No. ML18192B236).
The above comments are being provided for your consideration and a response is not required.
1 As required by Section 274e. of the Atomic Energy Act of 1954 (AEA), the NRC staff published the proposed Agreement and a summary of the draft staff assessment for public comment in the Federal Register (FR) 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).
R. Schierman If you have any questions about the comments, 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/
Daniel S. Collins Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated cc:
Cy Lee, Wind River Development Fund Talia Martin, Director of Tribal/DOE-AIP Shoshone-Bannock Tribes Joshua Mann, THPO Eastern Shoshone Tribe (Wind River Reservation)
Devin B. Oldman, THPO, Northern Arapaho Tribe Virginia Richey, THPO, Cheyenne and Arapaho Tribes
Ryan Schierman
SUBJECT:
RESPONSE TO COMMENTS ON THE WYOMING STATE AGREEMENT APPLICATION. DATED: OCTOBER 2, 2018 DISTRIBUTION:
B. Maier, RIV R. Erickson, RIV J. Cook, RIV ML18269A074 OFC NMSS/MSST NMSS/MSST OGC NMSS NAME SPoy PMichalak TCampbell DCollins DATE 9/26/18 10/02/18 9/20/18 10/02/18 OFFICIAL RECORD COPY
Summary of comments received by NRC regarding tribal consultation where the NRC responded that the comments would be forwarded to the State of Wyoming for further consideration Comment No. Commenter Comment Comment Response The commenter is uncertain on the While the proposed Agreement does not refer States intention on tribal consultation. to Tribal consultation, the Wyoming The commenter has found no reference Department of Environmental Quality in the proposed Agreement that WY provided a statement that was included in the intends to implement or follow through April 26, 2018 webinar that the State will work with any tribal consultation activities. with interested parties, including affected Commenter recommends that WY Tribes, through its public participation include Tribes under this requirement process. When Wyoming becomes an Shoshone- on consultation and cooperation. Agreement State, interactions with Tribes and 18 Bannock Tribes interested parties will remain unaffected as the Department will continue to follow processes outlined by Wyoming Statute, rules, and regulation (ADAMS Accession No. ML18220B129). The NRC staff will forward this comment to the State of Wyoming for its consideration. In response to this comment, the staff did not change the staff assessment or the proposed Agreement.
The commenter states that there is no See the response to comment 18. The NRC specific process for tribal consultation staff will forward this comment to the State of as it relates to licensing and procedures Wyoming for its consideration. In response to that are part of the proposed Agreement this comment, the staff did not change the Shoshone- and relevant WY rules and regulations. staff assessment or the proposed Agreement.
19 Bannock Tribes The Tribes suggest that Wyoming examine future opportunities to promulgate policy and regulations to ensure a new process is developed to address tribal consultation.
Enclosure
The Tribes suggest that an opportunity See the response to Comment No. 18. The for tribal government review of license NRC staff will forward this comment to the hoshone- applications should be incorporated into State of Wyoming for its consideration. In nnock Tribes the State of Wyomings Uranium response to this comment, the staff did not Recovery Program Rules of Chapter 4, change the staff assessment or the proposed Section 9, subpart (i). Agreement.
The Tribes have subject matter experts The NRC does recognize that the Tribes in Cultural Resources and Historic have subject matter experts in Cultural Preservation, Air and Water Quality, Resources and Historic Preservation, Air and Fish and Wildlife, Environmental Waste Water Quality, Fish and Wildlife, Management, Emergency Response Environmental Waste Management, and Preparedness, Environmental Emergency Response and Preparedness, Impact Statement, and other subject EIS and other subject matters. With regard to matters. The commenter recommends tribal involvement in the State of Wyomings that WY include the Tribes in this Section 9(i) review and comment process, Section 9 (i) review and comment see the response to Comment No. 18. With process, and that NRC not approve the regard to not approving the proposed hoshone-proposed Agreement until then. Agreement until the State of Wyoming include nnock Tribes the Tribes in the Section 9(i) review and comment process, please see the response to Comment No. 12. A States tribal consultation requirements are not among the criteria considered by the Commission when determining whether to enter into a 274b.
Agreement. The NRC staff will forward this comment to the State of Wyoming for its consideration. In response to this comment, the staff did not change the staff assessment or the proposed Agreement.
Operational Requirements of subpart See the response to Comment No. 18. The (c) of WYs Uranium Recovery Rules NRC staff will forward this comment to the include radiation surveys (including State of Wyoming for its consideration. In water, wildlife, and plants) at varying response to this comment, the staff did not distances from the uranium change the staff assessment or the proposed mining-milling sites to identify at-risk Agreement.
Shoshone- areas and resources and to ensure the 23 Bannock Tribes protection of tribal health and safety.
The commenter recommends that these radiation surveys on the native plant locations are not made public on the WY DEQ Web site, and that those reports are provided directly to affected Tribes.
The Commenter disagrees with the The NRC staff disagrees with this comment.
NRCs Agreement with Wyoming due to Although the State of Wyoming is not subject the States inability to comply with to the requirements of NEPA or NHPA, the Section 106 of NHPA and NEPA State of Wyomings regulatory actions are regulations. Without these regulations subject to the States regulatory and Cheyenne and in place, the Tribes would not be procedural provisions that consider the 31 Arapaho Tribes notified of adverse effects to Traditional impacts on environmental, historical, and Cultural Properties or to consult before cultural resources. The NRC staff has an adverse effect. forwarded this comment to the State of Wyoming for its consideration. In response to this comment, the staff did not change the staff assessment or the proposed Agreement.
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The commenter strongly recommends The NRC staff declines to take the action continued consultation with Tribes requested in the comment. As discussed in under Section 106 of NHPA and NEPA the responses to comments 12 and 14, the if the State assumes regulatory role of the NRC is limited by the Agreement.
authority over the disposal of byproduct However, the NRCs TPS will remain in effect material, for NRC-regulated activities in the State of Cheyenne and Wyoming. The NRC will continue its 32 Arapaho regulatory authority over radioactive materials Tribes not covered under the Agreement and the NRCs actions would continue to be subject to the relevant federal statutes and the TPS.
In response to this comment, the staff did not change the staff assessment or the proposed Agreement.
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