ML23318A078
| ML23318A078 | |
| Person / Time | |
|---|---|
| Issue date: | 01/03/2024 |
| From: | Adelaide Giantelli NRC/NMSS/DMSST/ASPB |
| To: | Wendtland K State of WY, Dept of Environmental Quality |
| References | |
| Download: ML23318A078 (12) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Kyle Wendtland, Administrator Wyoming Department of Environmental Quality Land Quality Division 200 West 17th Street Cheyenne, WY 82002
SUBJECT:
WYOMING PROPOSED REGULATIONS REGARDING RARE EARTH MATERIALS
Dear Kyle Wendtland:
We have reviewed the Wyoming proposed regulations regarding rare earth materials received by our office on October 11, 2023. This is the first of three planned submissions to add new regulations for the regulation of source material recovered from any mineral resource processed primarily for purposes other than its uranium or thorium content. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) regulations in Title 10 of the Code of Federal Regulations (10 CFR) Parts 19 and 20. We discussed our review of the regulations with Brandi OBrien on November 9, 2023.
As a result of our review, we have six comments and seven editorial suggestions that have been identified in the Enclosure 1. Under our current procedure, a finding that the Wyoming regulations meet the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on a review of the final Wyoming regulations. However, we have determined that if your proposed regulations were adopted, incorporating our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of Nuclear Material Safety and Safeguards (NMSS)
Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.
We request that when the proposed regulations are adopted and published as final regulations, a copy of the as published regulations be provided to us for review. As requested in NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes and provide a copy to the Division of Materials Safety, Security, State, and Tribal Programs, NMSS.
The State Regulation Status (SRS) Data Sheet in Enclosure 2 summarizes our knowledge of the status of other Wyoming regulations, 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: https://www.nrc.gov/agreement-states. January 3, 2024 K. Wendtland 2 If you have any questions regarding the review, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact my staff at AgreementStateRegs.Resource@nrc.gov.
Sincerely, Adelaide S. Giantelli, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Compatibility Comments
- 2. Wyoming SRS Data Sheet Signed by Giantelli, Adelaide on 01/03/24
ML23285A135 pkg and ML23318A078 letter OFFICE NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME ABolger SSahle JOlmstead AGiantelli DATE 01/03/2024 01/03/2024 12/19/2023 01/03/2024 COMPATIBILITY COMMENTS ON WYOMING PROPOSED REGULATIONS
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS
1 Chapter 5 19.11 Part 19 C, except Posting of notices to workers Section 3 portions of paragraph Wyoming has incorporated by (a), and all reference 10 CFR 19.11. However, of portions of 19.11 are designated as paragraphs Category NRC.
(b) and (e) are Wyoming needs to revise Chapter 5 designated Section 3(b) to add 19.11(b) and (e) as NRC. to the list of rules excluded from incorporation.
To reconcile those portions of provisions that address areas reserved to the NRC or not covered under Wyomings Agreement, Wyoming needs to include a statement to the effect: In 10 CFR Part 19, any references to 10 CFR Part 52 are not incorporated by reference.
Since 19.11(e) is Category NRC, Wyoming may consider revising Chapter 5 Section 3(d) to state: Each licensee shall prominently post the Departments Source Material Program Form 3.
2 Chapter 5 19.20 Part 19 D, except Employee Protection Section 3 portions NRC Wyoming has incorporated by reference 10 CFR 19.20. However, portions of 19.20 are designated as Category NRC.
To reconcile those portions of provisions that address areas reserved to the NRC or not covered under Wyomings Agreement, Wyoming needs to include a statement to the effect: In 10 CFR Part 19, any references to 10 CFR Parts 50, 52, 54, 60, 63, 70, 72, and 76 are not incorporated by reference.
Enclosure 1 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS
3 Chapter 5 19.30 Part 19 D Violations/Criminal penalties Section 3(a)/ 19.40 Chapter 2 In Chapter 5 Wyoming has incorporated by reference 10 CFR 19.30 Violations and 19.40 Criminal penalties. However, the incorporation of 19.30 and 19.40 creates a conflict with Wyoming Chapter 2 Inspections, Enforcement, and Penalties.
Wyoming needs to revise Chapter 5 Section 3(b) to add 19.30 and 19.40 to the list of rules excluded from incorporation.
4 Chapter 5 19.32 Part 19 D Discrimination Prohibited Section 3 Wyoming needs to revise Chapter 5 Section 3 to clearly state that mention of the Atomic Energy Act of 1954, as amended, or under any title of the Energy Reorganization Act of 1974, as amended in 10 CFR 19.32 refers to the Atomic Energy Act of 1954, as amended, or under any title of the Energy Reorganization Act of 1974, as amended and not to the Wyoming statute. Alternatively, Wyoming may choose to not incorporate 19.32 by reference.
5 Chapter 3 20.1401 Part 20 C Radiological Criteria for License Section 4 20.1402 Termination 20.1403 20.1404 Wyoming has excluded the 20.1405 requirements in 10 CFR 20.1401, 20.1402, 20.1403, 20.1404, and 20.1405 from incorporation by reference.
Wyoming needs to delete 20.1401, 20.1402, 20.1403, 20.1404, and 20.1405 from Chapter 3 Section 4(b) to meet the Compatibility Category C designation assigned to 10 CFR 20.1401, 20.1402, 20.1403, 20.1404, and 20.1405.
2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS In addition, to reconcile those portions of provisions that address areas reserved to the NRC or not covered under Wyomings Agreement, Wyoming should make clear that when incorporating 10 CFR 20.1401, references to 10 CFR Parts 50, 52, 54, 60, 63, 70, and 72, are not incorporated.
6 Chapter 3 20.1406 Part 20 NRC Minimization of contamination Section 4 To reconcile those portions of provisions that address areas reserved to the NRC or not covered under Wyomings Agreement, Wyoming should make clear that when incorporating 10 CFR 20.1406(a), any references to 10 CFR Part 52 are not incorporated by reference.
We recently identified that the Part 20 RSS was not updated to incorporate the changes in compatibility from the "Licenses, Certifications, and Approvals for Nuclear Power Plants" (72 FR 49352)(Aug. 28, 2007) rule which designated 20.2203(d) compatibility NRC. This provision should not be incorporated by reference. However, States should inform their regulated entities where to send the reports required under 20.2203(a).
3 EDITORIAL SUGGESTIONS ON WYOMING PROPOSED REGULATIONS
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS
1 N/A 19.3 Parts 19 Various Definitions 20.1003 and 20 20.1004 Wyoming will be submitting their State 20.1005 Section with definitions in a later submission. This comment is to ensure that definitions associated with Parts 19 and 20 are tracked through completion.
2 Chapter 5 19.1 Parts 19 D Purpose/Scope Section 1 19.2 and 20 and 2 Recommend Wyoming revise the Purpose and Scope sections to clarify Chapter 3 20.1001 that this Chapter 3 and Chapter 5 are Section 1 20.1002 specific to licensees and licensed and 2 activities associated with the recovery of mineral resources processed for purposes other than obtaining the source material content.
3 Chapter 3 20.1301(e) Part 20 D Dose limits for individual members Section 4 of the public
Recommend that Wyoming not incorporate 10 CFR 20.1301(e) by reference since it is not applicable to the scope of these rules.
4 Chapter 3 20.2104 Part 20 D Determination of prior Section 4 occupational dose
If applicable, Wyoming should revise Chapter 5 Section 3 to add a subsection stating, Any reference in the federal rules adopted by reference to Form 4 shall be deemed a reference to the Department Form XXX.
5 Chapter 3 Part 20 Part 20 Various Reports Section 4 Recommend Wyoming provide contact information in Chapter 3 Section 4, for reports made to the Department.
4 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS
6 Chapter 3 20.2202(e) Part 20 D Notification of Incidents Section 4 Recommend Wyoming add 10 CFR 20.2202(e) to the list of rules excluded from the incorporation by reference in Chapter 3 Section 4(b) since this requirement is regarding planned special exposures which Wyoming has not adopted.
7 Chapter 3 20.2206 Part 20 D/NRC Reports of Individuals Monitoring Section 4 Recommend Wyoming exclude from incorporation by reference the entirety of 10 CFR 20.2206 and not just the subsections designated as category NRC since they would not be applicable to licensed activities covered under Wyomings Agreement (i.e., requirements specific to possession of material regulated under Parts 30, 32, 33, 34, 35, and 61).
5 STATE REGULATION STATUS State: Wyoming Tracking Ticket Number: 23-55 Date: January 3, 2024
[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
Enclosure 2 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
2 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
2021-1 Miscellaneous Corrections 09/08/2024 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110
2021-2 Miscellaneous Corrections 12/30/2024 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110
2022-1 Miscellaneous Corrections none Provisions are not required for 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 compatibility.
2022-2 Miscellaneous Corrections none Provisions are not required for 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, compatibility.
and 150
2023-1 Miscellaneous Corrections 09/25/2026 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73
3 RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package
NA Legislation, Articles 15 and 21 NA ML21194A144 Comments 08/31/2021 ML21194A077
NA Proposed Legislation NA ML22364A006 No Comments 01/04/2023 ML22364A003
NA Final Legislation NA ML23059A393 No Comments 03/03/2023 ML23059A385
- NA Preliminary proposed revisions to the NA ML23290A062 Comments Wyoming proposed regulations regarding 01/03/2024 rare earth materials and are not a revision ML23285A135 to current WY regulations.
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