ML21225A056
| ML21225A056 | |
| Person / Time | |
|---|---|
| Issue date: | 09/01/2021 |
| From: | Brian Anderson NRC/NMSS/DMSST/ASPB |
| To: | Darrell Adams State of WY, Dept of Environmental Quality |
| Beardsley M | |
| Shared Package | |
| ML21194A077 | List: |
| References | |
| Download: ML21225A056 (6) | |
Text
Adams UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 31, 2021 Mr. David Adams, CHP, Manager Uranium Recovery Program Wyoming Department of Environmental Quality 200 West 17th Street, Suite 10 Cheyenne, WY 82002
Dear Mr. Adams:
We have reviewed your email dated July 8, 2021, transmitting the Wyoming Legislation in Article 15, Radioactive Waste Storage Facilities, and Article 21, Small Modular Nuclear Reactors.
The Nuclear Regulatory Commission (NRC) regulates the civilian use of radioactive materials to provide reasonable assurance of adequate protection of the public health and safety and to promote the common defense and security and to protect the environment. Section 274 of the Atomic Energy Act of 1954, as amended (AEA), allows the NRC to discontinue, and a state to assume through a Section 274 Agreement and a compatible regulatory program, certain regulatory authorities over materials enumerated in Section 274b. of the AEA.1 These materials are byproduct material, source material, and special nuclear materials in quantities not sufficient to form a critical mass. Section 274c. of the AEA also requires the NRC to retain authority and responsibility with respect to regulation of the construction and operation of any production or utilization facility; this would include a small modular nuclear reactor. In addition, the NRC has determined that the disposal or storage of high-level radioactive waste requires a license from the Commission (10 CFR § 150.15(a)).
On September 25, 2018, Wyoming entered into a Section 274 Agreement where the NRC discontinued, and Wyoming assumed regulatory authority over byproduct material as defined in Section 11e.(2) of the AEA, and source material involved in the extraction or concentration of uranium or thorium in source material or ores at uranium or thorium milling facilities. Wyoming does not have authority under its Section 274 Agreement to regulate disposal and storage of high-level waste or the construction of any production or utilization facility, including a small modular nuclear reactor. Moreover, as explained above, the NRC could not discontinue authority to regulate these activities.
In addition to being outside the scope of the Wyoming Agreement, Articles 15 and 21 of the legislation raise potential preemption concerns because they appear to be motivated by concerns for radiological safety and may present an obstacle to the NRCs regulation of production or utilization facilities, or spent fuel storage facilities, in the State of Wyoming.
1 The AEA can be found in NUREG-0980, Vol. 1, Nuclear Regulatory Legislation: 113th Congress.
D. Adams The State Regulation Status (SRS) Data Sheet summarizes our knowledge of the status of other Wyoming regulations, legislation, and legally binding requirements, as indicated. Please let us know if you note any inaccuracies or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the Office of Nuclear Material Safety and Safeguards Web site: http://scp.nrc.gov/rulemaking.html. If you have any questions regarding the review, please contact Michelle Beardsley, State Regulation Review Coordinator (Michelle.Beardsley@nrc.gov).
Sincerely, Signed by Anderson, Brian on 08/31/21 Brian C. Anderson, Chief State Agreement and Liaison Programs Branch Division of Material Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
ML21194A077 pkg and ML21225A056 letter OFC MSST/SALB OGC SALB: BC NAME MBeardsley JOlmstead BAnderson DATE 07/12/2021 08/12/2021 08/31/2021 STATE REGULATION STATUS State: Wyoming Tracking Ticket Number: 21-40 Date: August 31, 2021
[ # amendment(s) reviewed identified by a
- at the beginning of the equivalent NRC requirement.]
RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package NA Wyoming Enabling Legislation NA Proposed Comments Wyoming House Bill HB0027 ML15225A439 9/28/2015 ML15225A433 Revised Proposed Comments ML15324A391 09/26/2016 ML15324A388 Revised Proposed Comments ML17319A925 02/28/2018 ML18032A380 Revised Proposed No Comments ML19004A444 01/23/2019 ML19004A436 Final Agreement ML18267A261 09/30/2018
RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package NA Wyoming DEQ Regulations to 10 CFR Part 20 NA Proposed Comments Chapter 1: General Provisions ML16014A133 03/15/2016 Chapter 3: Radiation Protection Standards ML16014A131 Revised Proposed Comments ML16097A348 10/03/2016 ML16097A339 Final No Comments ML17319A925 02/18/2018 ML18032A380 NA Wyoming DEQ Regulations to 10 CFR Parts 19 NA Proposed Comments and 71 ML16095A093 07/25/2016 Chapter 1: General Provisions ML16095A091 Chapter 5: Notice, Instructions and Reports to Workers Final No Comments Chapter 9: Transportation of Licensed Material ML17319A925 02/18/2018 Chapter 10: Risk-Informed and Performance ML18032A380 Based Licensing and Inspection NA Wyoming DEQ Regulations to 10 CFR Parts 40 NA Proposed Comments and 150 ML16194A168 10/13/2016 Chapter 1: General Provisions ML16194A048 Chapter 4: Licensing Requirements for Source and Byproduct Material Final No Comments Chapter 6: Financial Assurance ML17319A925 02/18/2018 Chapter 10: General Licenses ML18032A380 2018-2 Miscellaneous Corrections - 12/21/2021 ML19030B773 ML19030B770 This rulemaking does not contain Organizational Changes 01/30/2019 provisions applicable to Wyomings 10 CFR Parts 37, 40. 70 and 71 program.
2018-3 Miscellaneous Corrections 07/30/2022 Parts 1, 2, 34, 37, 50, 71, 73, and 140
RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2019-1 Miscellaneous Corrections 12/18/2022 Parts 2, 21, 37, 50, 52, 73, and 110 2019-2 Organizational Changes and Conforming 12/30/2022 Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 2020-1 Individual Monitoring Devices 06/16/2023 10 CFR Parts 34, 36, and 39 2020-2 Social Security Number Fraud Prevention 08/17/2023 10 CFR Parts 9 and 35 2020-3 Miscellaneous Corrections 11/16/2023 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, and 140
- NA Legislation, Articles 15 and 21 NA ML21194A144 Comments 08/31/2021 ML21194A077