20 Apr 2022


Todd Parfitt, director of DEQ, said obtaining Contracting State status was a “cooperative effort” in which much of the success was getting the agreement in advance and under budget, due to the “timely and high-quality responses” of NRC staff to DEQ. On April 26, 2018, NRC hosted a second webinar entitled “Update on the State of Wyoming Becoming an Agreement State.” Topics in this webinar included 1) an update on Wyoming`s progress in the agreement application process over the past year; (2) the status and actions taken with respect to the programmatic agreements and memorandum of understanding relating to certain existing uranium recovery licences; and (3) the publication of the draft evaluation of the Wyoming Agreement by NRC staff for public comment. Like the 2017 webinar, the 2018 presentation discusses some of the unique aspects of the Wyoming Agreement and how that agreement would change the interaction between the tribes and the regulator. The state will now be responsible for licensing, rule-making, inspection and law enforcement necessary to regulate raw materials involved in the processing of uranium or thorium, as well as the management and disposal of factory waste. Fourteen uranium mining licenses will now be transferred to Wyoming jurisdiction. 12. The regulation of activities not exempted from the Commission Regulation as specified in 10 CFR Part 150; NRC staff reviewed the proposed agreement, the certification of Wyoming Governor Mead, and information in support of the Wyoming Department of Environmental Quality`s uranium recovery program and the Wyoming Attorney General`s Office. Based on this review, NRC staff conclude that the State of Wyoming`s uranium mining program complies with section 274d. Criteria as well as the criteria in the Commission`s policy statement entitled “Criteria for Guidance to States and RSSs in the Recruitment of nrc Regulator and its Adoption by States by Agreement”. As previously mentioned, the proposed agreement includes a provision that the State of Wyoming has until the end of the 2019 legislative period to amend Section 35-11-2004(c) of the Wyoming Act to be consistent with Section 83b(1)(A) of the AEA, otherwise the agreement will terminate without further action by NRC. The proposed agreement also explicitly states that NRC will reject any request by the State of Wyoming to terminate a license that proposes to share ownership of the by-products and its disposal site between the state and the federal government.

According to the Commission`s instructions, the determination of the compatibility of NRC personnel depends on the State of Wyoming`s review of paragraph 35-11-2004(c) of the Wyoming Act in the next Parliament to be consistent with paragraph 83(b.(1)(A) of the AEA. The Program proposed by the State of Wyoming to regulate contract documents, consisting of laws, regulations, procedures, and personnel, is consistent with the Commission`s program and is appropriate to protect public health and safety with respect to materials covered by the proposed agreement. Therefore, the proposed agreement meets the requirements of Article 274 of the AEA. NRC is currently assessing the impact of transferring a licence to Wyoming if there is a corresponding programmatic agreement or memorandum of understanding on the site. The agreement states that they have agreements with NRC that give them the authority to authorize and inspect special nuclear by-products, sources or materials used or possessed within their borders. Any applicant who is not a federal agency or Native American tribe recognized by the State and who wishes to possess or use licensed material in one of those Contracting States should contact the appropriate officials of that State for assistance in preparing an application. These applications must be submitted to government officials, not nrc. How many States are currently enrolled in the Status Programme of the Agreement? The Commission and a State may enter into an agreement whereby the Commission removes the regulatory power for a particular category of matter or a category of entities. The State of Wyoming has requested a limited agreement for the power to regulate raw materials involved in uranium or thorium recovery or milling facilities and by-products under section 11e(2) of the Atomic Energy Act of 1954, as amended. Wyoming`s limited deal request is the first of its kind. The Commission approved the personnel concept for the limited arrangement contained in SecY-16-0084 Wyoming`s proposal for a limited agreement covering only raw materials for milling equipment and 11E by-products.(2) At the end of the agreement process, NRC transferred the licences of 14 uranium milling facilities to the State of Wyoming. Click on a specific state (or the state code shown below) to get the names of the directors and liaison officers of the State Party and non-State states.

Under the proposed agreement, the Commission would terminate the regulatory authority to manage and dispose of by-products as defined in subsection 11e(2) of the AEA and a subclass of raw materials related to the machining of uranium or thorium in the State and State of Wyoming would take over. In accordance with the Commission`s instructions, the proposed agreement would stipulate that NRC would retain regulatory authority over the American Nuclear Corporation (ANC) licence. For more information about the agreement`s state program and the implementation of the Wyoming agreement, see the Frequently Asked Questions. Wayne Heli, CEO of Peninsula Energy, said the formalization of the agreement`s statehood is good news for his company, which began ISL operations at its Lance projects in Wyoming in December 2015 and is working to transition the project to low-pH operations. By eliminating double approval from state and federal agencies, the state`s approach to the Agreement will lead to more efficient regulatory processes for the state of Wyoming and its uranium producers, he said. The State of Wyoming assumes regulatory authority for all current licenses for which radioactive material is covered by its agreement. NRC would retain regulatory authority over the remaining 100 Crown licensees who are not related to uranium processing. Wyoming completed a feasibility study on admission to a state party in 2013 and officially began the process in February 2015, when Mead signed a law authorizing it to apply for state party status and establish legal provisions for the state to assume regulatory activities. DEQ`s completion of the process in just over three and a half years was two years ahead of schedule and $2.5 million below budget, Wendtland said. c. The power to authorize the use of air or underground goods or goods from both countries transferred to the United States or a state pursuant to paragraph 2.b. in this section, in accordance with the provisions of the Uranium Mill Tailings Radiation Control Act, 1978, provided that the Commission concludes that such use would not endanger public health, safety, welfare or the environment; The agreement, signed on September 25 by Wyoming Governor Matt Mead and NRC President Kristine Svinicki, comes into effect on September 30 and authorizes the Wyoming Department of Environmental Quality (DEQ) to assume the regulatory role previously performed by NRC.


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