Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0013 - Uranium Recovery
Chapter 4 - LICENSING REQUIREMENTS FOR SOURCE AND BYPRODUCT MATERIAL
Section 4-6 - Exemptions from Regulatory Requirements

020-4 Wyo. Code R. § 4-6

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Current through April 27, 2019
Section 4-6 - Exemptions from Regulatory Requirements

(a) Any person is exempt from this Chapter to the extent that such person receives title to, acquires, owns, possesses, uses, or transfers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than one-twentieth of one percent (0.05 percent) of the mixture, compound, solution, or alloy. The exemption contained in this paragraph does not apply to Australian-obligated source material, nor does it include byproduct materials as defined in these rules.

(b) Any person is exempt from this Chapter to the extent that such person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material provided that, except as authorized in specific license, such person shall not refine or process such ores.

(c) No person may introduce source or byproduct material into a product or material either knowing or having reason to believe that it will be transferred to persons exempt under this Chapter.

(d) The Department may, upon its own initiative or the application of an interested person, grant such exemptions from the requirements of this Chapter as authorized by law and, as determined by the Department, will not endanger life, property, and is otherwise in the public interest.

(e) Common and contract carriers, freight forwarders, warehousemen, and the United States Postal Service are exempt from the requirements of this Chapter and the requirements set forth in Section 81 of the Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq., as amended to the extent that they transport or store byproduct material in the regular course of carriage for another or storage incident thereto.

(f) Except to the extent that the Department of Energy's (DOE) facilities or activities, subject to licensing pursuant to Section 202 of the Energy Reorganization Act of 1974 ( 42 U.S.C. § 5842.), are involved, any prime contractor of the DOE is exempt from the requirements for a license set forth in 81 and 82 of the Act ( 42 U.S.C. § 2111 and 42 U.S.C. § 2112 ) and from this Chapter to the extent that such contractor, under his prime contract with the DOE manufactures, produces, transfers, receives, acquires, owns, possesses, or uses byproduct material for:

  • (i) The performance of work for the DOE at a United States Government owned or controlled site, including the transportation of byproduct material to or from such site and the performance of contract services during temporary interruptions of such transportation;
  • (ii) Research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof; or
  • (iii) The use or operation of nuclear reactors or other nuclear devices in a United States Government owned vehicle or vessel.

(g) This Chapter shall not be deemed to authorize the import of radioactive material or products containing radioactive material.

020-4 Wyo. Code R. § 4-6

Adopted, Eff. 9/8/2017.