Occupational Dose Evaluation in Support of the Development of the
October, 2012
Rare Element Resources, Inc. Bear Lodge Project
14
result, radionuclides in the thorium and uranium decay series that have differing chemical
characteristics can preferentially collect at different points within the process stream. Radium,
for example, has been shown at other rare earth processing facilities to concentrate in sulfate-
based process streams.
SECTION 3
REGULATORY BACKGROUND
The presence of NORM in the BLP ore does not intrinsically trigger any regulatory requirements
in the U.S. The Atomic Energy Act (AEA) provides the framework for regulating certain types
of radioactive materials and gives the authority to regulate these materials to the U.S.
Department of Energy (DOE) and NRC. NORM --specifically natural uranium and thorium
below a concentration of 0.05% by weight-- is not considered source material and is not subject
to NRC regulations. The Occupational Health and Safety Administration (OSHA) regulates all
aspects of occupational hazards, including radiation sources exempt from NRC regulations. The
Mine Safety and Health Administration (MSHA) regulates occupational hazards associated with
underground and surface mining, but in the case of surface mines such as the BHM, does not
specifically address occupational exposures to radioactive materials.
Currently, specific regulation of NORM not subject to NRC regulation is left up to individual
states, although OSHA has authority to limit occupational radiation doses from NORM.
Currently, 13 states have adopted regulations specifically applicable to NORM. Wyoming is not
one of these.
3.1
U.S. Nuclear Regulatory Commission
The NRC regulates radioactive materials subject to the AEA as amended. This includes source,
byproduct, and special nuclear material.
Of these three types of radioactive material, only source
material could potentially apply to the BLP.
The NRC defines source material in 10
Code of
Federal Regulations
(CFR) 40 is as follows:
Source Material
means: (1) Uranium or thorium, or any combination thereof, in any
physical or chemical form or (2) ores which contain by weight one-twentieth of one
percent (0.05%) or more of: (i) Uranium, (ii) thorium or (iii) any combination thereof.
Source material does not include special nuclear material.
The NRC excludes from regulation source material in “unrefined or unprocessed ore” and “in
any chemical mixture, compound, solution, or alloys in which the source material is by weight
less than 0.05 percent of the mixture, compound, solution or alloy”. Based on this definition and
exclusion, the BLP ore is not subject to NRC regulation. Some material produced at the PUG and
Hydromet potentially meet the NRC’s definition of source material and would not fall under the
