NRC agreement state amendments.

ORIGINAL
Senate
File No
.
SF0023

ENROLLED ACT NO. 6,

SENATE

SIXTY-FOUR LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to environmental quality; amending the state's authority to regulate source material from recovery or milling and the created byproduct material as specified; providing for the department of environmental quality to implement and administer the program; requiring licensure; providing license requirements as specified; providing rulemaking authority; providing definitions; amending definitions; repealing superseded provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
11
‑
2002 through
35
‑
11
‑
200
4
are created to read:

35
‑
11
‑
2002
.

A
uthority
of department to enforce article; rulemaking
.

(a
)

Except as provided in this act
, no person shall acquire, own, possess, transfer, offer or receive for transport or use any source material from recovery or milling and the created
byproduct
material without having been granted a license therefore from the department or the
nuclear regulatory commission.
The department is authorized to regulate and penalize any unlicensed activities
involving source material from recovery or milling and the created
byproduct
material
.

(b)

The council, upon recommendation from the director,
is authorized
to
promulgate
reasonable rules and regulations necessary
to effectuate

the

purposes

of

this

a
rticle.

(c)

To the extent it is not inconsistent with the provisions of this article, article 4 of this chapter shall apply to all licenses issued and actions taken under this article.

35
‑
11
‑
2003
.

Licensure; license requirements; enforcement actions
.

(a)

The d
irector
is authorized to issue licenses to implement the requirements of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., as amended. Licenses issued under this section shall also authorize the possession and use of source materials
from recovery or milling
and
byproduct
material as provided in this article. The
director
is
further
authorized to enforce license provisions in accordance with this article.
The department shall recognize existing and effective licenses issued by the nuclear regulatory commission.

(b)

The d
irector
is authorized to use license conditions to address matters specific to particular licensees. The department may impose additional license conditions when required to pr
otect public health and safety.

(c)

The d
irector
shall grant an exemption from a license requirement, including an exemption from the requirement to obtain a license, if the exemption provides adequate protection of public health and safety
and is compatible with nuclear regulatory commission requirements
.

(d)

The department shall inspect a licensee
'
s operation to ensure compliance with license conditions, as determined necessary by the
administrator of the land quality division
to protect public health and safety. The
department shall also inspect proposed facilities and proposed expansion of existing facilities to ensure that unauthorized construction is not occurring. Licensees
, permittees
and applicants for a license
or permit
shall
obtain and
grant the department access to inspect their
mining operations
,
source material
recovery or

milling
operations
and
byproduct

material
generated
at such times and frequencies as determined necessary by the department to protect public health and safety.

(e)

When issuing a license for
byproduct
material under this article, the d
irector
shall require licensees to provide an approved financial assurance arrangement consistent with nuclear regulatory commission requirements provided in 10 C
.
F
.
R
.
part 40, appendix A, criterion 9, as amended. The arrangement shall contain sufficient funds to cover the costs of decommissioning and, to the extent applicable, long
‑
term surveillance and maintenance for conventional source material milling and heap leach facilities.

(f)

The d
irector
is authorized to suspend licenses and conduct enforcement actions in accordance with this article
, article 9 of this chapter
and rules and regulations promulgated
under this act
. The d
irector
is authorized to suspend licenses and conduct enforcement actions in accordance with
department
rules and regulations and this article. In cases of an imminent threat to public health and safety, the director is authorized to issue an emergency order immediately suspending a license and any associated activity as provided in W.S. 35
‑
11
‑
115. The d
irector
is authorized to suspend or revoke a license for repeated or continued noncompliance with program requirements pursuant to its rules and regulations and this article. The d
irector
is also authorized to seek injunctive
relief and impose civil or administrative monetary penalties as provided by law.

35
‑
11
‑
2004
.

L
icense conditions; t
ermination of licenses.

(a)

The department shall prescribe conditi
ons in licenses issued, renewed
or amended for an activity t
hat results in production of
byproduct
material to minimize or, if possible, eliminate the need for long
‑
term maintenance and monitoring before
the termination of the license.

(b)

Prior to terminating any license the administrator of the land quality division shall obtain a determination from the nuclear regulatory commission that the licensee has complied with the commission
'
s decontamina
tion, decommissioning, disposal
and reclamation standards.

(c)

Prior to terminating a
byproduct

material
license the department shal
l ensure the ownership of a disposal site and the
byproduct
material resulting from licensed activity are transferred to:

(i)

The state
of Wyoming
; or

(ii)

The federal government if the state declines to acquire the site, the
byproduct
material, or both the site and the
byproduct
material.

(d)

Upon the transfer of a disposal site or the
byproduct
material resulting from licensed activity to the federal government, funds collected for decommissioning and long
‑
term surveillance
shall
also be transferred to the federal government.

Section 2
.

W.S. 35
‑
11
‑
103
(a)(xiii) and
by creating a
new subsection (j) and
35
‑
11
‑
2001
(a) through (c)
are amended to read:

35
‑
11
‑
103
.

Definitions.

(a)

For the purpose of this act, unless the context otherwise requires:

(xiii)

"This act" means W.S. 35
‑
11
‑
101 through 35
‑
11
‑
403, 35
‑
11
‑
405, 35
‑
11
‑
406, 35
‑
11
‑
408 through 35
‑
11
‑
1106, 35
‑
11
‑
1414 through 35
‑
11
‑
1428, 35
‑
11
‑
1601 through 35
‑
11
‑
1613, 35
‑
11
‑
1701
,

and
35
‑
11
‑
1801 through 35
‑
11
‑
1803
and 35
‑
11
‑
2001 through 35
‑
11
‑
2004
.

(
j)

Specific definitions applying to nuclear regulatory functions of the state as provided in article 20 of this chapter:

(i
)

"
Byproduct
material
"
means the tailings or wastes produced by the extraction or concentration of
u
ranium and
t
horium from any ore processed primarily for its source material content as defined in section 11(e)(2) of the
Atomic Energy Act of 1954,
42 U.S.C. § 2014(e)(2), as amended;

(ii)

"
Recovery or milling
"
means as defined in 10 C.F.R. part 40.4, as amended, to include any activity that generates
byproduct
material as defined in section 11(e)(2) of the Atomic Energy Act of 1954, 42 U.S.C. § 2014(e)(2), as amended
;

(i
i
i)

"
Source m
aterial
"
means uranium or thorium, or any combination thereof, in any physical or
chemical form or ores which contain by weight
one
‑
twentieth
of one percent (0.05%) or more of uranium, thoriu
m
, or any combination thereof. Source material does not include special nuclear material
.

35
‑
11
‑
2001
.

Authorization to negotiate transfer of certain nuclear regulatory functions to the state
.

(a)

The governor, on behalf of the state, is authorized to contact the
federal
nuclear regulatory commission to express the intent of the state of Wyoming to enter into an agreement with the nuclear regulatory commission providing for the assumption by the state of

responsibilities relating to the regulation of source materials from uranium mining and milling and the wastes associated with the recovery, mining and milling of such source materials

regulatory authority over source materia
l from recovery or milling and
byproduct
material included under section 274 of the Atomic Energy Act of 1954, 42 U.S.C. § 2021, as amended
.
The nuclear regulatory commission shall maintain regulation over the activities reserved under section 274 of the Atomic Energy Act of 1954, 42 U.S.C. § 2021, as amended.

(b)

The department
of environmental quality
shall serve as the lead agency for the regulation of source

materials from uranium mining and milling and the wastes associated with the recovery, mining and milling of such source materials
material from recovery or milling and the
byproduct
materials generated pursuant to the requirements of this
article
in the state of Wyoming
.

under any proposed agreement negotiated under this section

The department is authorized to enforce the requirements of the
Atomic Energy Act of 1954
, 42 U.S.C. § 2011 et seq., as amended, under the agreement reached between the s
tate and
the nuclear
regulatory commission as provided in
section 274 of the Atomic Energy Act of 1954, 42 U.S.C. § 2021, as amended
.

(c)

The governor, through the department, is authorized to negotiate all aspects of a potential agreement under this section between the state of Wyoming and the
federal
nuclear regulatory commission. The governor is authorized to enter into a final agreement with the
federal
nuclear regulatory commission for the regulation of source

materials from uranium mining and milling and the wastes associated with the recovery, mining and milling of such source materials

mat
erial from recovery or milling
and the
byproduct
material generated
in the state of Wyoming pursuant to the requirements of this
section
article
.
A final agreement under this section shall include all necessary components of a program to regulate source materials from uranium mining and milling and the wastes associated with the recovery of such source materials.

Section 3
.

W.S. 35
‑
11
‑
2001(d) is repealed.

Section 4
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1