SECY-18-0082, VR-SECY-18-0082: Section 274b. Agreement with the State of Wyoming
| ML18269A168 | |
| Person / Time | |
|---|---|
| Issue date: | 09/10/2018 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| References | |
| SECY-18-0082 | |
| Download: ML18269A168 (15) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 10, 2018 SECRETARY COMMISSION VOTING RECORD DECISION ITEM: SECY-18-0082 TITLE: SECTION 274b. AGREEMENT WITH THE STATE OF WYOMING The Commission acted on the subject paper as recorded in the Staff Requirements Memorandum (SRM) of September 10, 2018.
This Record contains a summary of voting on this matter together with the individual vote sheets, views and comments of the Com mi~ ~
~ nnette L. Vietti-Cook Secretary of the Commission
Enclosures:
- 1. Voting Summary
- 2. Commissioner Vote Sheets cc: Chairman Svinicki Commissioner Baran Commissioner Burns Commissioner Caputo Commissioner Wright OGC EDO PDR
VOTING
SUMMARY
- SECY-18-0082 RECORDED VOTES NOT APPROVED DISAPPROVED ABSTAIN PARTICIPATING COMMENTS DATE Cmr. Svinicki X X 09/06/18 Cmr. Baran X X 09/05/18 Cmr. Burns X 08/30/18 Cmr. Caputo X X 08/31/18 Cmr. Wright X X 09/06/18
NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: CHAIRMAN SVINICKI
SUBJECT:
SECY-18-0082: Section 274b Agreement with the State of Wyoming Approved XX Disapproved - - Abstain - - - Not Participating COMMENTS: Below XX Attached XX None I approve the proposed Agreement between the State of Wyoming and the NRC. I also approve publication of the draft Federal Register notice, subject to the edits provided by Commissioner Baran in his vote (attached) . 1
!iGNATuRE 09/ ~ /18 DATE Entered on "STARS" Yes -.LNo_
JMB Edits t t.'-S i o ;.. s.) [7590-01-P]
U.S. Nuclear Regulatory Commission [NRC-2018-0104)
State of Wyoming: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Wyoming AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of Agreement between the U.S. Nuclear Regulatory Commission and the State of Wyoming .
SUMMARY
- This notice is announcing that on [TBD - signature date] , Kristine L. Svinicki, Chairman of the U.S. Nuclear Regulatory Commission (NRC or Commission), and Governor Matthew H. Mead of the State of Wyoming , signed an Agreement as authorized by Section 27 4b. of the Atomic Energy Act of 1954, as amended (the Act). Under the Agreement the Commission discontinues its regulatory authority, and the State of Wyoming assumes regulatory authority over the management and disposal of byproduct material as defined in Section 11 e.(2) of the Act and a subcategory of source material or ores involved in extraction or concentration of uranium or thorium milling in the State. As of the effective date of the Agreement, a person in Wyoming possessing these materials is exempt from certain Commission regulations. The exemptions have been previously published in the Federal Register (FR) and are codified in the Commission's regulations at 10 CFR Part 150. The Agreement is published here as required by Section 274e. of the Act.
DATES: The effective date of the Agreement is September 30, 2018.
ADDRESSES: You can access publicly available documents, including public comments related to this notice using the following methods:
Enclosure 5
NRC's Public Document Room (PDR): The public may examine and purchase copies of public documents at the NRC's PDR, Room 01 F21 , One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Document collection at http://www.nrc.gov/read1ng -rm/adams .html. To begin the search, select "Begin Web-based ADAMS Search". For problems with ADAMS , contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737 , or by e-mail to pdr.resource@nrc.gov. The ADAMS Accession numbers for the request for an Agreement by the Governor of Wyoming , including all information and documentation submitted in support of the request, and the NRC staff assessment are : ML16300A294, ML17319A921, ML180946074, and ML181929111 (includes final staff assessment).
FOR FURTHER INFORMATION CONTACT: Stephen Poy, Division of Material Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Telephone (301) 415-7135; e-mail : Stephen.Poy@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC published the proposed Agreement in the Federal Register for comment once each week for 4 consecutive weeks 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), as required by the Act. The comment period ended on July 26, 2018. The Commission received 11 comment letters and responses-two supporting the Agreement, three opposing the Agreement, and the remaining not stating an opinion or providing statements related to the proposed Agreement. The comments did not alter a#BGl the NRC staff's asse-ssrneAt wl=ti-1"1 find !.!l9s that the Wyoming Agreement State program is adequate to 2
NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Baran
SUBJECT:
SECY-18-0082: Section 274b Agreement with the State of Wyoming Approved X Disapproved - - Abstain - - Not Participating COMMENTS: Below Attached X None Entered in "STARS" Yes X jifiNATURE No 1/.;/J'i DATE
Commissioner Saran's Comments on SECY-18-0082, "Section 274b. Agreement with the State of Wyoming" In this paper, the NRC staff recommends approving the proposed NRC Agreement with the State of Wyoming pursuant to Section 27 4 of the Atomic Energy Act. The proposed Agreement would provide for the state to assume regulatory authority over source material related to milling activities and the management and disposal of 11 e.(2) byproduct material.
In reaching its conclusion that Wyoming 's proposed program would be compatible with NRC's program and adequate to protect public health and safety, the NRC staff evaluated Wyoming 's proposed program against 36 criteria related to radiation protection standards, inspection, enforcement, personnel , administration, and other key aspects of an effective program. I found the staff's evaluation to be thorough and its findings well-reasoned .
During its evaluation, the NRC staff did identify one conflict between Wyoming's statute and the Atomic Energy Act. Specifically, Wyoming 's statute currently allows the ownership of a uranium or thorium milling site and the resulting byproduct material to be separated between the state and federal government when a license is terminated, whereas federal law does not permit such bifurcation. To address this misalignment, the Commission's finding of compatibility in the proposed Agreement is contingent on Wyoming revising the incompatible statutory provision by the end of the state's next legislative session in 2019.
Although I appreciate the concerns of the Cheyenne, Arapaho, and Shoshone-Bannock Tribes regarding the potential reduction in tribal consultation, the federal trust responsibility and Section 106 of National Historic Preservation Act do not apply to states. As a result, NRC is not in a position to require the State of Wyoming to assume tribal consultation obligations that apply only to federal agencies.
For these reasons , I approve the proposed Agreement between the State of Wyoming and NRC. I also approve publication of the draft Federal Register notice, subject to the attached edits.
JMB Edits [7590-01-P]
U.S. Nuclear Regulatory Commission [NRC-2018-0104]
State of Wyoming: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Wyoming AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of Agreement between the U.S. Nuclear Regulatory Commission and the State of Wyoming.
SUMMARY
- This notice is announcing that on [TBD - signature date], Kristine L. Svinicki ,
Chairman of the U.S. Nuclear Regulatory Commission (NRC or Commission), and Governor Matthew H. Mead of the State of Wyoming , signed an Agreement as authorized by Section 27 4b. of the Atomic Energy Act of 1954, as amended (the Act). Under the Agreement the Commission discontinues its regulatory authority, and the State of Wyoming assumes regulatory authority over the management and disposal of byproduct material as defined in Section 11 e.(2) of the Act and a subcategory of source material or ores involved in extraction or concentration of uranium or thorium milling in the State. As of the effective date of the Agreement, a person in Wyoming possessing these materials is exempt from certain Commission regulations . The exemptions have been previously published in the Federal Register (FR) and are codified in the Commission's regulations at 10 CFR Part 150. The Agreement is published here as required by Section 274e. of the Act.
DATES: The effective date of the Agreement is September 30, 2018.
ADDRESSES: You can access publicly available documents, including public comments related to this notice using the following methods:
Enclosure 5
NRC's Public Document Room (PDR): The public may examine and purchase copies of public documents at the NRC's PDR, Room 01 F21 , One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Document collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "Begin Web-based ADAMS Search" . For problems with ADAMS , contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS Accession numbers for the request for an Agreement by the Governor of Wyoming, including all information and documentation submitted in support of the request, and the NRC staff assessment are: ML16300A294, ML17319A921 , ML180948074, and ML181928111 (includes final staff assessment).
FOR FURTHER INFORMATION CONTACT: Stephen Poy, Division of Material Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington , DC 20555-0001.
Telephone (301) 415-7135; e-mail: Stephen.Poy@nrc.gov.
SUPPLEMENTARY INFORMATION : The NRC published the proposed Agreement in the Federal Register for comment once each week for 4 consecutive weeks 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), as required by the Act. The comment period ended on July 26, 2018. The Commission received 11 comment letters and responses-two supporting the Agreement, three opposing the Agreement, and the remaining not stating an opinion or providing statements related to the proposed Agreement. The comments did not alter affeGt-the NRC staff's assessment, which findings that the Wyoming Agreement State program is adequate to 2
NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Burns
SUBJECT:
SECY-18-0082: Section 274b Agreement with the State of Wyoming Approved X Disapproved Abstain Not Participating COMMENTS: Below Attached None X Entered in STARS Yes -X-No Date
NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: COMMISSIONER CAPUTO
SUBJECT:
SECY-18-0082: Section 274b Agreement with the State of Wyoming Approved XX Disapproved - - Abstain - - Not Participating COMMENTS: Below XX Attached XX None I commend the staff on its thorough and timely evaluation of the Wyoming Agreement State program . The staff's approach was consistent with processes followed in the past, and its findings were well supported . I support the staff's finding that the proposed Wyoming program is compatible with the Commission's program for regulation of like materials and is adequate to protect public health and safety within the State with respect to the materials and uses covered by the proposed Agreement. I therefore approve the proposed Agreement between the State of Wyoming and the NRC pursuant to Section 274 of the Atomic Energy Act.
Entered in STARS Yes /
No Date
AC Edits [7590-01-P]
U.S. Nuclear Regulatory Commission [NRC-2018-0104]
State of Wyoming: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Agreement Between the NRC and the State of Wyoming AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of Agreement between the U.S. Nuclear Regulatory Commission and the State of Wyoming .
SUMMARY
- This notice is announcing that on [TBD - signature date], Kristine L. Svinicki, Chairman of the U.S. Nuclear Regulatory Commission (NRC or Commission), and Governor Matthew H. Mead of the State of Wyoming, signed an Agreement as authorized by Section 27 4b. of the Atomic Energy Act of 1954, as amended (the Act). Under the Agreement the Commission discontinues its regulatory authority, and the State of Wyoming assumes regulatory authority over the management and disposal of byproduct material as defined in Section 11 e.(2) of the Act and a subcategory of source material or ores involved in extraction or concentration of uranium or thorium milling in the State. As of the effective date of the Agreement, a person in Wyoming possessing these materials is exempt from certain Commission regulations. The exemptions have been previously published in the Federal Register (FR) and are codified in the Commission's regulations at 10 CFR Part 150. The Agreement is published here as required by Section 27 4e. of the Act.
DATES: The effective date of the Agreement is September 30, 2018.
ADDRESSES: You can access publicly available documents, including public comments related to this notice using the following methods:
Enclosure 5
NRC's Public Document Room (PDR): The public may examine and purchase copies of public documents at the NRC's PDR, Room 01 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Document collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select "Begin Web-based ADAMS Search". For problems with ADAMS, contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The ADAMS Accession numbers for the request for an Agreement by the Governor of Wyoming, including all information and documentation submitted in support of the request, and the NRC staff assessment are: ML16300A294, ML17319A921, ML180948074, and ML181928111 (includes final staff assessment).
FOR FURTHER INFORMATION CONTACT: Stephen Poy, Division of Material Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 .
Telephone (301) 415-7135; e-mail: Stephen.Poy@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC published the proposed Agreement in the Federal Register for comment once each week for 4 consecutive weeks 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), as required by the Act. The comment period ended on July 26, 2018. The Commission received 11 comment letters and responses-two supporting the Agreement, three opposing the Agreement, and the remaining not stating an opinion or providing statements related to the proposed Agreement. The comments did not affect the NRC staff's assessment, which findsfinding that the Wyoming Agreement State program is adequate to 2
protect public health and safety and compatible with the NRC's program. The Wyoming Agreement is consistent with Commission policy and thus meets the criteria for an Agreement with the Commission .
After considering the request for an Agreement by the Governor of Wyoming, the supporting documentation submitted with the request for an Agreement, and its interactions with the staff of the Wyoming Department of Environmental Quality, the NRC staff completed an assessment of the Wyoming program. The agency made a copy of the staff assessment available in the NRC's Public Document Room (PDR) and electronically on NRC's Web site.
Based on the staff's assessment, the Commission determined on [TBD-Date of SRM] , that the Wyoming program for control of radiation hazards is adequate to protect public health and safety and compatible with the Commission's program . This Agreement is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act.
Dated at Rockville, Maryland, this ___day of_ _ _ , 2018.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook, Secretary of the Commission 3
NOTATION VOTE RESPONSE SHEET TO: Annette Vietti-Cook, Secretary FROM: Commissioner Wright
SUBJECT:
SECY-18-0082: Section 27 4b Agreement with the State of Wyoming Approved X Disapproved - - Abstain --
Not Participating COMMENTS: Below X Attached None I appreciate the staff's thorough assessment of the proposed Wyoming Agreement State program for the regulation of source material involved in the uranium milling process and the disposal of wastes produced from the process, as well as the staff's analysis of the public comments received in response to the Federal Register notices. I find that the proposed Wyoming program is compatible with the Commission 's program for the regulation of like materials and that the proposed Wyoming program is adequate to protect public health and safety within the State with respect to the materials and uses covered by the proposed Agreement. Therefore , I approve the proposed Agreement between the State of Wyoming and the NRC pursuant to Section 27 4 of the Atomic Energy Act of 1954, as amended.
Entered in;STARS Yes J 9/(o /;8 No J 1 Date