Radioactive material (including by-product, source, and special nuclear material in quantities not sufficient to form critical mass and Naturally Occurring and Accelerator Produced Radioactive Materials) is regulated by the North Dakota Department of Environmental Quality (NDDEQ). Depending on the radionuclide, quantity, and the form, a license is required in order to manufacture, produce, transfer, receive, acquire, own, possess, store, or use radioactive materials. The US Nuclear Regulatory Commission (NRC) is authorized under Section 274 of the Atomic Energy Act of 1954 (AEA), as amended, to enter into agreements with the Governor of any State providing for the discontinuance of the regulatory authority of the NRC within that State. Under this agreement, the State assumes regulatory authority for the use of by-product, source, and special nuclear material in quantities not sufficient to form critical mass. The State of North Dakota entered into such an agreement with the NRC on September 1, 1969.
Radioactive Materials staff are involved in a variety of radiation protection activities, including:
- Licensing of approximately 160 facilities to possess and use by-product, source, special nuclear material (in quantities not sufficient to form critical mass), accelerator produced material, and Technically Enhanced Naturally Occurring Radioactive Material (TENORM).
- Processing approximately 40 amendments to state licenses annually.
- Performing approximately 60 inspections of North Dakota licensed radioactive material users annually.
- Performing approximately 3 investigations of radiation incidents annually.
- Provide assistance and consultations to companies that produce Technically Enhanced Naturally Occurring Radioactive Material (TENORM) waste.
- Assisting in the Department's emergency response efforts involving radioactive material.