Issues Of Naturally Occurring Radioactive Materials In Mining - SME Annual Conference 2023

Changes in our energy, national security, and commerce needs have necessitated identification of new sources of minerals, such as rare earths, lithium, copper, silver, aluminum, titanium, and the minerals on the U.S. Geological Survey’s (USGS) list of critical minerals (USGS, 2022). With the need to domestically produce these minerals, more mining will be required within the U.S. Some of these critical minerals deposit with naturally occurring radioactive materials (NORM), therefore, mining these minerals may concentrate NORM to the point that some states may require licensing and radiation protection programs. NORM is not regulated by the Federal government; it is regulated by the individual states. Consequently, overall national state of NORM regulation is chaotic with each individual state either choosing to regulate or not regulate NORM, and, if a state chooses to regulate NORM, then that state develops its own unique regulations. Further complicating the regulatory environment, states utilize a wide variety of strategies for regulating NORM, which sometimes results in inappropriate regulations, inconsistencies with specific radionuclides that are regulated, and inconsistencies with specific NORM types that are regulated. This paper will review the nature of NORM regulations, identify regulatory traps, and provide general guidance for identifying NORM and potentially avoiding regulatory jeopardy. Because of the chaotic nature of NORM regulations nationally, seeking guidance from qualified professionals with relevant expertise is recommended. Also, contacting the appropriate regulatory agency to gain a complete understanding of the NORM regulatory environment is useful for maintaining compliance.