Amended Agreement between the Nuclear Regulatory Commission and the State of Wyoming: Discontinuance of Certain Commission Regulatory Authority within the State of Wyoming

State of Wyoming: Discontinuance of Certain Commission Regulatory Authority Within the State; Notice of Amended Agreement Between the NRC and the State of Wyoming

SUPPLEMENTARY INFORMATION:

I. Additional Background Information on Wyoming Agreement

The NRC published the proposed amended Agreement in the Federal Register (FR) for comment once each week for four consecutive weeks on January 30, 2026 (91 FR 4114), February 6, 2026 (91 FR 5521), February 13, 2026 (91 FR 6907), and February 20, 2026 (91 FR 8278), as required by the AEA. The comment period ended on March 2, 2026. The NRC received two anonymous comment documents from members of the public. The first document contained one out of scope comment opposing the amended Agreement due to the planned nuclear projects for AI data centers. The second commentor opposed the proposed amended Agreement for several reasons, including that the amended Agreement is for a subcategory of source material, which is not readily distinguishable and will cause jurisdictional issues. No changes in the proposed amended Agreement or the staff's conclusions in the draft assessment of the State's program were made in response to the comment. The staff analysis of the comments can be found at ML26051A291. The NRC staff determined that the Wyoming program is adequate to protect the public health and safety and compatible with the NRC's program. The Wyoming amended Agreement is consistent with Commission policy and thus meets the criteria for an Agreement with the Commission.

After considering the request for an amended Agreement by the Governor of Wyoming, the supporting documentation submitted with the request for an amended Agreement, and its interactions with the staff of the Wyoming Department of Environmental Quality, the NRC staff completed an assessment of Wyoming's proposed program. The agency made a copy of the staff assessment available in the NRC's PDR and electronically on the NRC's website. Based on the staff's assessment, the Commission determined on April 15, 2026, that the Wyoming program for control of radiation hazards is adequate to protect the public health and safety and compatible with the Commission's program. As of the effective date of the amended Agreement, a person in Wyoming possessing these materials is exempt from certain Commission regulations. The exemptions have been previously published in the FR and are codified in the Commission's regulations. The Agreement is published here as required by Section 274e. of the Act.

This Agreement is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). The Office of Management and Budget has found that this action does not meet the criteria at 5 U.S.C. 804(2). The Office of Information and Regulatory Affairs has determined that this amended Agreement is not a significant regulatory action under Executive Order 12866.

II. Availability of Documents

The ADAMS Accession numbers for the request for an amended Agreement by the Governor of Wyoming, including all information and documentation submitted in support of the request, and the NRC staff assessment are identified in the following table.