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 Section 3 19.11 Part 19 C, except portions of paragraph (a), and all of paragraphs (b) and (e) are designated as NRC.
Posting of notices to workers Wyoming has incorporated by reference 10 CFR 19.11. However, portions of 19.11 are designated as Category NRC.
Wyoming needs to revise Chapter 5 Section 3(b) to add 19.11(b) and (e) 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 Section 3 19.20 Part 19 D, except portions NRC Employee Protection 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.
2 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 3
Chapter 5 Section 3(a)/
Chapter 2 19.30 19.40 Part 19 D
Violations/Criminal penalties 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 Section 3 19.32 Part 19 D
Discrimination Prohibited 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 Section 4 20.1401 20.1402 20.1403 20.1404 20.1405 Part 20 C
Radiological Criteria for License Termination Wyoming has excluded the 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.
3 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 Section 4 20.1406 Part 20 NRC Minimization of contamination 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).
4 EDITORIAL SUGGESTIONS ON WYOMING PROPOSED REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1
N/A 19.3 20.1003 20.1004 20.1005 Parts 19 and 20 Various Definitions Wyoming will be submitting their State 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 Section 1 and 2 Chapter 3 Section 1 and 2 19.1 19.2 20.1001 20.1002 Parts 19 and 20 D
Purpose/Scope Recommend Wyoming revise the Purpose and Scope sections to clarify that this Chapter 3 and Chapter 5 are specific to licensees and licensed activities associated with the recovery of mineral resources processed for purposes other than obtaining the source material content.
3 Chapter 3 Section 4 20.1301(e)
Part 20 D
Dose limits for individual members 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 Section 4 20.2104 Part 20 D
Determination of prior 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 Section 4 Part 20 Part 20 Various Reports Recommend Wyoming provide contact information in Chapter 3 Section 4, for reports made to the Department.
5 STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 6
Chapter 3 Section 4 20.2202(e)
Part 20 D
Notification of Incidents 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 Section 4 20.2206 Part 20 D/NRC Reports of Individuals Monitoring 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).
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 State Adoption Incoming Letter Outgoing Package Notes NA Wyoming Enabling Legislation Wyoming House Bill HB0027 NA Proposed ML15225A439 Revised Proposed ML15324A391 Revised Proposed ML17319A925 Revised Proposed ML19004A444 Final Agreement ML18267A261 09/30/2018 Comments 9/28/2015 ML15225A433 Comments 09/26/2016 ML15324A388 Comments 02/28/2018 ML18032A380 No Comments 01/23/2019 ML19004A436
2 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes NA Wyoming DEQ Regulations to 10 CFR Part 20 Chapter 1: General Provisions Chapter 3: Radiation Protection Standards NA Proposed ML16014A133 Revised Proposed ML16097A348 Final ML17319A925 Comments 03/15/2016 ML16014A131 Comments 10/03/2016 ML16097A339 No Comments 02/18/2018 ML18032A380 NA Wyoming DEQ Regulations to 10 CFR Parts 19 and 71 Chapter 1: General Provisions Chapter 5: Notice, Instructions and Reports to Workers Chapter 9: Transportation of Licensed Material Chapter 10: Risk-Informed and Performance Based Licensing and Inspection NA Proposed ML16095A093 Final ML17319A925 Comments 07/25/2016 ML16095A091 No Comments 02/18/2018 ML18032A380 NA Wyoming DEQ Regulations to 10 CFR Parts 40 and 150 Chapter 1: General Provisions Chapter 4: Licensing Requirements for Source and Byproduct Material Chapter 6: Financial Assurance Chapter 10: General Licenses NA Proposed ML16194A168 Final ML17319A925 Comments 10/13/2016 ML16194A048 No Comments 02/18/2018 ML18032A380 2018-2 Miscellaneous Corrections -
Organizational Changes 10 CFR Parts 37, 40. 70 and 71 12/21/2021 ML19030B773 ML19030B770 01/30/2019 This rulemaking does not contain provisions applicable to Wyomings program.
2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022
3 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022 2020-1 Individual Monitoring Devices 10 CFR Parts 34, 36, and 39 06/16/2023 2020-2 Social Security Number Fraud Prevention 10 CFR Parts 9 and 35 08/17/2023 2020-3 Miscellaneous Corrections 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 11/16/2023 2021-1 Miscellaneous Corrections 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, 70, 72, 73, 95, and 110 09/08/2024 2021-2 Miscellaneous Corrections 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and 110 12/30/2024 2022-1 Miscellaneous Corrections 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 none Provisions are not required for compatibility.
2022-2 Miscellaneous Corrections 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, and 150 none Provisions are not required for compatibility.
2023-1 Miscellaneous Corrections 10 CFR PARTS 1, 2, 26, 32, 40, 50, 51, 52, 72, and 73 09/25/2026
4 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 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 Wyoming proposed regulations regarding rare earth materials and are not a revision to current WY regulations.
NA ML23290A062 Comments 01/03/2024 ML23285A135