§ 35-11-2001 — Authorization to negotiate transfer of certain nuclear regulatory functions to the state; scope of regulated material

Wyoming § 35-11-2001

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 20: NUCLEAR REGULATORY AGREEMENT

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(a) The governor, on behalf of the state, is authorized to
contact the nuclear regulatory commission to express the intent
of the state of Wyoming to enter into an agreement under section
274 of the Atomic Energy Act of 1954, 42 U.S.C. § 2021, as
amended, with the nuclear regulatory commission providing for
the assumption by the state of regulatory authority over source
material involved in uranium or thorium recovery or milling and
byproduct material, as defined in section 11e.(2) of the Atomic
Energy Act of 1954, 42 U.S.C. § 2014(e)(2), as amended. The
governor, on behalf of the state, is also authorized to contact
the nuclear regulatory commission to express the intent of the
state of Wyoming to enter into an agreement under section 274 of
the Atomic Energy Act of 1954, 42 U.S.C. § 2021, as amended,
with the nuclear regulatory commission providing for the
assumption by the state of source material recovered from any
mineral resources processed primarily for purposes other than
obtaining the source material content. For the purposes of this
agreement, the term "mineral resources" means any host rock,
ore, material or waste associated with mining or milling that
contains a recoverable mineral. The nuclear regulatory
commission shall maintain regulatory authority over all other
source material, section 11e.(1), (3) and (4) byproduct material
and special nuclear material as defined in the Atomic Energy Act
of 1954, 42 U.S.C. § 2014, as amended, and the activities
reserved under section 274 of the Atomic Energy Act of 1954, 42
U.S.C. § 2021, as amended.
(b) The department shall serve as the lead agency for the
regulation of (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material and
(2) the source material recovered from any mineral resources
processed primarily for purposes other than obtaining the source
material content. 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
state and the nuclear regulatory commission as provided in
subsection (a) of this section and 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 the agreement under this section
between the state of Wyoming and the nuclear regulatory
commission. The governor is authorized to enter into a final
agreement with the nuclear regulatory commission for the
regulation of (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material and
(2) the source material recovered from any mineral resources
processed primarily for purposes other than obtaining the source
material content.
(d) Repealed by Laws 2016, ch. 7, § 3.
(e) The categories of materials governed by this article,
as agreed upon by the nuclear regulatory commission and the
state, are (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material, as
defined in section 11e.(2) of the Atomic Energy Act of 1954, 42
U.S.C. § 2014(e)(2), as amended and (2) source material as
defined in section 11z. of the Atomic Energy Act of 1954, 42
U.S.C. § 2014(z) recovered from any mineral resources processed
primarily for purposes other than obtaining the source material
content. This article does not govern independent or commercial
laboratory facilities that possess, use or accept source
material or byproduct material. The nuclear regulatory
commission shall retain regulatory authority over independent or
commercial laboratory facilities.