020-4 Wyo. Code R. § 4-9

Current through April 27, 2019

Section 4-9 - Specific Requirements for Issuance of Specific Licenses

(a) A specific license for source material involved in the extraction and concentration of uranium or thorium at uranium or thorium facilities and for the management and disposal of byproduct material will be issued if the applicant submits to the Department a complete and accurate application that clearly demonstrates how the requirements and objectives of this Chapter are met.

(b) An application for a license, including applications for the amendment or renewal of an existing license, to receive, possess and use licensed material shall contain all information required under these rules and such material as the Department may deem necessary. The application shall, at a minimum, contain the following information:

(i) A description of the proposed project or action;

(ii) For new licenses, environmental data that includes the results of a one-year preoperational monitoring program;

(iii) For renewal of licenses, environmental data containing results of the operational monitoring program or monitoring required to be conducted if the facility was not in operation but in standby mode;

(iv) Site characteristics, including regional and site specific geology, topography, hydrology, and meteorology;

(v) Radiological and non-radiological impacts of the proposed project or action including waterway and groundwater impacts;

(vi) An assessment of the radiological and non-radiological impacts to the public health and the environment;

(vii) Consideration of the long-term impacts of the licensed activities;

(viii) A representative presentation of the physical, chemical, and radiological properties of the type of licensed material to be received, stored, processed, or disposed of;

(ix) An evaluation of the short-term and long-term environmental impacts of such receipt, storage, processing, or disposal;

(x) An analysis of the environmental, economic, social, technical, and other benefits of the proposed activities against environmental costs and social effects;

(xi) Environmental effects of accidents;

(xii) Byproduct material disposal, decommissioning, decontamination, reclamation, and impacts of these activities;

(xiii) A closure plan to be included in the reclamation plan for decontamination, decommissioning, restoration, and reclamation of buildings of the licensed area to levels that would allow where applicable unrestricted use and for reclamation of the byproduct material disposal areas in accordance with technical requirements of 10 C.F.R. Part 40, Appendix A;

(xiv) Proposal of an acceptable form and amount of financial assurance in accordance with 10 C.F.R. Part 40, Criterion 9 of Appendix A; and the Department's rules;

(xv) Specifications for the emissions control and disposition of byproduct material; and

(xvi) Emergency response protocol.

(c) For applications for a new license or application for a license amendment to expand the licensed site, proof of mailed notification to the owner or owners of the property on which licensed material is recovered, stored, processed, or disposed of must be demonstrated to the Department. The applicant for a new license must demonstrate that the owner or owners of the property were sent by certified United States mail, notification from the applicant stating that:

(i) Licensed radioactive material will be recovered, stored, processed, or disposed on the property; and

(ii) Decommissioning by the Department, funded by a surety, or as directed by order may be required and performed on the licensed site even if the licensee is unable or fails to decommission the licensed site as required by license.

(d) Environmental concerns outlined in subsection (b) of this section need to be resolved when the Department:

(i) Receives application for a new specific license or renewal of a specific license;

(ii) Receives an amendment request that would authorize or result in:
- (A) A significant expansion of a site;
- (B) A significant change in the type of releases;
- (C) A significant increase in the amounts of releases;
- (D) A significant increase in individual or cumulative occupational radiation exposure; or
- (E) A significant increase in the potential for or consequences from radiological accidents.

(e) The Department may exempt an applicant or licensee from the requirement to submit additional environmental impact information on the determination that environmental concerns are addressed through information previously provided to the Department.

(i) In considering exemptions, the Department may request additional information to ensure that no significant environmental impacts will result from the proposed or licensed activity.

(f) The applicant shall provide written specification describing the means employed so that all airborne effluent releases are reduced to levels as low as is reasonably achievable (ALARA) during the operational phase of any project.

(g) During any one full year prior to submittal of a new application or an amendment to expand the licensed area or operations, the applicant or licensee shall conduct a preoperational monitoring program to provide complete baseline data on an in situ recovery or a conventional milling site describing its pre-operational environment condition.

(h) Throughout the construction and operating phases of the in situ recovery facility or conventional mill, the applicant or licensee shall conduct an operational monitoring program to measure or evaluate compliance with applicable standards and regulations, in order to evaluate performance of control systems and procedures, environmental impacts of operation, and to detect potential long-term effects.

(i) Upon receipt of the license application or any amendments thereto, and of any other documents required, the Department may transmit information for review and comment to federal, state, and local agencies having expertise in or jurisdiction over the proposed project or activity. Written comments and reports of reviewing agencies may be considered by the Department in its decision-making review process on the license application or amendment.

(i) If an Environmental Impact Statement (EIS) or Environmental Assessment (EA) is required by a federal agency pursuant to the National Environmental Policy Act of 1969 (NEPA) and is provided by such federal agency, it may be used in the Department's decision-making review process.

(j) An application for a license shall contain proposed specifications relating to the recovery or milling operations and management and disposition of tailings or wastes resulting from such recovery or milling activities to achieve the requirements and objectives set forth in the criteria listed in 10 C.F.R. Part 40, Appendix A. Each applicant for a new license or for license renewal must clearly demonstrate how the requirements and objectives set forth in 10 C.F.R. Part 40, Appendix A have been addressed. Failure to clearly demonstrate how the requirements and objectives in 10 C.F.R. Part 40, Appendix A have been addressed shall be grounds for refusing to approve an application.

020-4 Wyo. Code R. § 4-9

Adopted, Eff. 9/8/2017.