December 23, 2002

Mr. Terry L. O’Clair, Director

Division or Air Quality

North Dakota Department of Health

1200 Missouri Avenue, Room 304

P. O. Box 5520

Bismarck, ND 58506-5520

Dear Mr. O’Clair:

As requested, we have reviewed the proposed North Dakota Radiological Rules 33-10-01

through 33-10-14, received on November 5, 2002. The proposed regulations are in response to

17 amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. The

regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts

19, 20, 30, 31, 32, 34, 35, 36, 39, 40, 70, 71 and 150. We discussed our review of the

regulations with Jim Killingbeck, of your staff, on December 4, 2002. 

As a result of our review, we have 46 comments attached. Please note that we have limited our

review to regulations required for compatibility and/or health and safety. Under our current

procedure, a finding that a State regulation meets the compatibility and health and safety

categories of the equivalent NRC regulation may only be made based on a review of the final

State regulation. However, we have determined that if your proposed regulations were

adopted, incorporating the comments and without other significant change, they would meet the

compatibility and health and safety categories established in Office of State and Tribal

Programs (STP) Procedure SA-200. 

The SRS Data Sheet summarizes our knowledge of the status of other North Dakota

regulations as indicated. This letter, including the SRS Data Sheet, is posted on the STP Web

Site: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. If you have any questions regarding the

compatibility and health and safety categories, or any of the NRC regulations used in the

review, please contact me or John Zabko of my staff at 301-415-2308 or e-mail at

JGZ@NRC.GOV.

Sincerely,

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
December 23, 2002

Mr. Terry L. O’Clair, Director

Division or Air Quality

North Dakota Department of Health

1200 Missouri Avenue, Room 304

P. O. Box 5520

Bismarck, ND 58506-5520

Dear Mr. O’Clair:

As requested, we have reviewed the proposed North Dakota Radiological Rules 33-10-01

through 33-10-14, received on November 5, 2002. The proposed regulations are in response to

17 amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. The

regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts

19, 20, 30, 31, 32, 34, 35, 36, 39, 40, 70, 71 and 150. We discussed our review of the

regulations with Jim Killingbeck, of your staff, on December 4, 2002. 

As a result of our review, we have 46 comments attached. Please note that we have limited our

review to regulations required for compatibility and/or health and safety. Under our current

procedure, a finding that a State regulation meets the compatibility and health and safety

categories of the equivalent NRC regulation may only be made based on a review of the final

State regulation. However, we have determined that if your proposed regulations were

adopted, incorporating the comments and without other significant change, they would meet the

compatibility and health and safety categories established in Office of State and Tribal

Programs (STP) Procedure SA-200. 

The SRS Data Sheet summarizes our knowledge of the status of other North Dakota

regulations as indicated. This letter, including the SRS Data Sheet, is posted on the STP Web

Site: http://www.hsrd.ornl.gov/nrc/rulemaking.htm. If you have any questions regarding the

compatibility and health and safety categories, or any of the NRC regulations used in the

review, please contact me or John Zabko of my staff at 301-415-2308 or e-mail at

JGZ@NRC.GOV.

Sincerely,

/RA by Mary Lynn Scott for/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: As stated

Distribution:

DIR RF [2-266] DCD (SP08) PDR (YES_)

BUsilton

JMyers, ASPO

Oregon File Response to Incoming Document: ML023190529

DOCUMENT NAME: G:\JGZ\NorthDakota\ND2-266.wpd *See Previous Concurrence

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy

OFFICE STP STP OGC STP:DD

NAME PMLarkins:kk

(via E-Mail)

JGZabko SATreby JMPiccone

(MLScott for)**

DATE 11/278/02* 12/04/02* 12/19/02* 12/06/02*

12/23/02**

ML030060153 PKG. OFFICIAL RECORD COPY
COMMENTS ON PROPOSED NORTH DAKOTA REGULATIONS

AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES

State

Regulation

NRC

Regulation

RATS

ID

Category Subject and Comments

33-10-05 §34.3 N/A

A

C

B

A

B

B

B

B 

B

C

A

A

C

B

C

C

C

B

A

A

B

B

Definitions

The State has omitted the following definitions:

ALARA

Annual refresher safety training

Associated equipment

Becquerel

Certifying entity

Control (drive) cable

Control drive mechanism

Control tube

Exposure head

Field Station

Gray

Guide tube (projection sheath)

Hands-on experience

Independent certifying organization

Practical examination

Radiation safety officer for industrial radiography

Radiographic operations

3S-tube

Sealed source

Sievert

Source assembly

Source changer

The State needs to include these definitions in

order to achieve compatibility. 

33-10-05-

03(3)

§34.13 N/A C Specific license for industrial radiography

The State is missing the requirement to submit

the identity and qualifications of the RSO for

industrial radiography as per 34.13(g).

The State needs to include this requirement in

order to achieve compatibility.
33-10-05-

03(3)

§34.13 N/A C Specific license for industrial radiography

The State has condensed the section regarding

“in house” leak testing and omitted some of the

requirements as stated in 34.13 (h).

The State needs to include these requirements

in order to achieve compatibility.

33-10-05-

03(3)

§34.13 N/A C Specific license for industrial radiography

The State has omitted the requirements to

identify all temporary job sites and locations of

documents as per 34.13 (j) & (k).

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-04

(2)

§34.21 N/A B Limits on external radiation from storage

containers and source changers

The State has added requirements to this

section that do not appear in 34.21. The State

has set radiation limits less than 34.21 and has

measurement distances that are not equivalent

to 34.21.

The States rules cannot be more restrictive than

34.21 to achieve compatibility.

35-10-05-04

(6)

§34.27 N/A C Leak testing and replacement of sealed

sources

The State had omitted the requirements stated in

34.27(e) regarding exposure devices containing

DU shielding. 

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-04

(7)

§34.29 N/A C Quarterly Inventory

The State’s requirement for record retention is

two years; 34.69 requires three years.

The State needs to increase its retention period

to three years to achieve compatibility.
35-10-05-04

(9)

§34.31 N/A C Inspection and maintenance of radiographic

exposure devices, transport and storage

containers, associated equipment, source

changers and survey instruments

The State’s requirement for record retention is

two years; 34.73 requires three years.

The State needs to increase its retention period

to three years to achieve compatibility.

35-10-05-04

(9)

§34.31 N/A C Inspection and maintenance of radiographic

exposure devices, transport and storage

containers, associated equipment, source

changers and survey instruments

The State does not require written procedures

for inspection and maintenance as per 34.31.

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-04

(9)

§34.31 N/A C Inspection and maintenance of radiographic

exposure devices, transport and storage

containers, associated equipment, source

changers and survey instruments

The State has omitted the requirement for

inspections prior to the initial use of radiographic

exposure devices, transport and storage

containers, associated equipment, source

changers and survey instruments.

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-04

(9)

§34.31 N/A C Inspection and maintenance of radiographic

exposure devices, transport and storage

containers, associated equipment, source

changers and survey instruments

The State has omitted the inspection and

maintenance requirements for type B containers

as required by 34.31(b)(2). The requirements

are also not in the States transportation

regulations.

The State needs to include these requirements

in order to achieve compatibility.
35-10-05-04

(6)(e) and

35-10-05-04

(1)(b) (1)and

35-10-05-04

(4)(a)

§34.35 N/A B Labeling, storage, and transportation

The State does not include the storage

precaution against fire and explosion as per

34.35 (b).

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-06

(5)(c)

§34.41 N/A B Conducting industrial radiography

operations

The State omitted the requirement that all

operations conducted at locations of use,

authorized by the license, must be conducted in

a permanent instillation as per 34.41.

The State needs to include these requirements

in order to achieve compatibility.

Missing §34.42 N/A D H&S Radiation safety officer for industrial

radiography

The State does not have a provision for a RSO

as per 34.42. The State does have a RSO

provision in the Medical section but the

requirements for training are different than in

34.42.

The State needs to include the requirement for a

RSO in radiography in order to achieve

compatibility.

35-10-05-05

(1)

§34.43 N/A B Training

The State has omitted the training requirements

as per 34.43(g)(3) (ii) and (iii) regarding

transportation and storage/disposal of material.

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-05

(1)

§34.43 N/A B Training

The State requires only 1 month on the job

training; 34.43 requires 2 months.

The State needs to increase its on the job

training time requirement in order to achieve

compatibility.
35-10-05-05

(1)

§34.43 N/A B Training

The State has omitted the requirement for the

radiographer to have copies of and instruction in

the applicable CFR regulations cited in

34.43(b)(1).

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-05

(1)

§34.43 N/A B Training

The State has imposed a five-year retesting

requirement and does not require a requirement

for yearly refresher training. 

The State needs to revise its refresher training to

reflect the requirements in 34.43 in order to

achieve compatibility.

35-10-05-05

(1)

§34.43 N/A B Training

The State has omitted most of the training

requirements for a radiographic trainee

(assistant) as per 34.43(c) 1-3.

The State needs to include these requirements

in order to achieve compatibility.

35-10-05-05

(1)

§34.43 N/A B Training

The State has omitted the requirement for

practical re-examination of radiographers and

trainees with lapses in operational experience

greater than six months as per 34.43(e) (2).

The State needs to include this requirement in

order to achieve compatibility.

35-10-05-05

(1)

§34.43 N/A B Training

The States retention period for records of the

safety and training audits is two years; 34.43(f)

requires three.

The State needs to increase its retention period

to three years to achieve compatibility.
33-10-05-05

(2)

§34.46 N/A B Supervision of radiographer’s assistants

The State has omitted the clarifying statement

for what is considered “personal supervision” as

required by 34.46 (a)-(c).

The State needs to include this clarifying

statement in order to achieve compatibility.

33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State has omitted the requirement that the

dosimeters be worn on the trunk of the body and

that the dosimeter be of the type that is

processed and read by an accredited NVLAP

processor.

The State needs to include these requirements

in order to achieve compatibility.

33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State’s requirement for retention of records

for pocket dosimeters correct response to

radiation is two years; 34.47 (c) requires three

years.

The State needs to increase its retention period

to three years to achieve compatibility.

33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State has omitted the processing

requirements for dosimetry as required by 34.47

(a) (3)&(4).

The State needs to include these requirements

in order to achieve compatibility.

33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State has incorrectly stated the

requirements contained in 34.46 (a) & (b)

allowing a gap to be created in dosimetry

monitoring.

The State needs to include the requirements as

stated in 34.46 (a)&(b) in order to achieve

compatibility.
33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State’s requirements for an off scale pocket

dosimeter are less restrictive than the

requirements of 34.47 (d). The 24-hour

dosimetry processing has been replaced with “as

soon as possible” and there is no requirement

for a supervisory work site evaluation, or the

retention records associated with the evaluation.

The State needs to include the requirements as

stated in 34.47 (d) in order to achieve

compatibility.

33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State has omitted the requirement to

document the loss or damage of a film badge or

thermoluminescent dosimeter as per 34.47 (e).

The State needs to include the requirements as

stated in 34.47 (e) in order to achieve

compatibility.

33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State has omitted the dosimetry record

requirements found in 34.47(f).

The State needs to include these requirements

in order to achieve compatibility.

33-10-05-05

(3)

§34.47 N/A C Personnel monitoring

The State has omitted the alarm ratemeter

record retention requirements found in

34.47(g)(4).

The State needs to include these requirements

in order to achieve compatibility.

Missing §34.63 N/A C Records of receipt and transfer of sealed

sources

The State has omitted this requirement.

The State needs to include this requirement in

order to achieve compatibility.
33-10-05-05

(2)

§34.81 N/A C Copies of operating and emergency

procedures

The State has omitted the requirement for

maintaining emergency procedures IAW 34.81.

The State needs to include this requirement in

order to achieve compatibility.

Missing §34.87 N/A C Forms of records

The State does not have a section with this

requirement.

The State needs to include this requirement in

order to achieve compatibility.

33-10-05-06 §34.89 N/A C Location of documents and records

The State has omitted most of the requirements

for documentation required by 34.89.

The State needs to include all of the

requirements in 34.89 in order to achieve

compatibility.

33-10-13-05 §71.5 1996-1 C Transportation of licensed material

The State omitted the reference to transportation

on public highways.

The State needs to include this requirement in

order to achieve compatibility.

33-10-13-05 §71.5 1996-1 C Transportation of licensed material

The State references 49 CFR 172 subpart I in

33-10-13-05 (1)(a) (1)(h). This subpart is not a

reference in 10 CFR 71 and it does not exist in

10 CFR 172.

The State needs to remove this reference in

order to achieve compatibility.

33-10-13-04

(2)

§71.10 1996-1 NRCparagraphs

(b) & (c) 

Exemptions for low level material

The State has included Paragraphs (b) and (c)

which are “NRC.” 

The State needs to remove this part from their

regulations in order to achieve compatibility. 
Missing §71.11 1996-1 C Deliberate misconduct

The State has omitted the deliberate misconduct

requirements; they also cannot be found

elsewhere in the ND regulations.

The State needs to include this requirement in

order to achieve compatibility.

33-10-13-15 §71.47 1996-1 B External radiation standards for all packages

In 33-10-13-15 (b) the State makes reference to

a personnel barrier and has radiation limits

based on its use. 10 CFR 71.47 has no

provisions for a personnel barrier.

The State needs to remove this reference to the

personnel barrier to achieve compatibility.

33-10-13-15 §71.47 1996-1 B External radiation standards for all packages

In 33-10-13-15 (c) the State omitted the

exception of “excluding the top and underside of

the vehicle” which makes the State’s rule more

restrictive.

The State needs to amend its section as per

71.47 in order to achieve compatibility.

33-10-13-19 §71.97 1996-1 B Advanced Notification

The State does not include the correct reference

for requesting a list of the governors. The State

omits the reference to the list published in the

Federal Register as stated in 10 CFR 71.97 (c)

(3) (i) and (ii). Also the State lists the Office of

Governmental and Public Affairs as a contact

point for these names. 

The State should use the references listed in 10

CFR 71.97 (c), (i) & (ii) & (iii).

33-10-13-19 §71.97 1996-1 B Advanced Notification

The State does not require notification of the

NRC regional office where the transport will take

place as required by 71.97(c).

The State needs to include this requirement in

order to achieve compatibility.
33-10-10-02,

subsection 2

19.12 1995-5 C Instructions to Workers

The statement “to the individual and potential

offspring,” was omitted from §19.12(a)(2).

The State needs to include this phrase to

achieve compatibility.

33-10-10-02,

subsection 2

19.12 1995-5 C Instructions to Workers

The statement “may request” was used in place

of “must be furnished” in §19.12(a)(6). 

The State needs to include this phrase to

achieve compatibility.

33-10-01-04,

subsections

65, 72 and

82 

20.1003 1995-5 A Definitions: Occupational dose

The statement ”or to radioactive material from

licensed and unlicensed sources of radiation, ”

was omitted from the definition.

The State needs to include this phrase to

achieve compatibility.

33-10-04.1-

16 (2)

20.2202 1991-4 Notification of Incidents

The State has not changed “eye dose” to “lens

dose” throughout this section.

The State needs to make this change per

amendment 1991-4 to achieve compatibility.
STATE REGULATION STATUS

State: North Dakota Tracking Ticket Number: [17 amendments reviewed are identified by a  Date: December 23, 2002

at the beginning of the equivalent NRC regulation.] 

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 R

ML #5

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 P

ML0231905

ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 P

ML0231905

Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR 61352;

57 FR 38588; 57 FR 57877;58 FR 67657; 59 FR 41641;60 FR 20183; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 P

ML0231905

Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 P

ML0231905

Eliminating the Recordkeeping Requirements for Departures from Manufacturer’s

Instructions-Parts 30, 35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: DocumentationAdditions [Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 P

ML0231905

Licensing and Radiation Safety Requirements for Irradiations-Part 36 58 FR 7715; (7/1/96) 1993-2 F Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618;

(none)

1994-1 F 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPAStandards-Part 40

59 FR 28220; (7/1/97) 1994-2 P

ML0231905
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 R

ML #5

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 65243;60 FR 322; (1/1/98)

1995-1 P

ML0231905

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 PML0231905Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 P

ML0231905

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 P

ML0231905

Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 P

ML0231905

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P

ML0231905

Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P

ML0231905

10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724;

(4/1/99)

1996-1 P

ML0231905

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Record keeping Requirements-Parts20, 30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3 P

ML0231905

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; CleanAir Act-Part 20

61 FR 65120; (1/9/00) 1997-1 P

ML0231905

Recognition of Agreement State Licenses in Areas Under Exclusive FederalJurisdiction Within an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 P

ML0218403

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 P

ML0231905

Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 R

ML #5

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 P

ML0218403

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 P

ML0218403

Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14Urea-Part 30 

62 FR 63634; (1/2/01) 1997-7 P

ML0218403

Deliberate Misconduct by Unlicenced Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773;

(2/12/01)

1998-1 P

ML0218403

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 P

ML0218403

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 P

ML0218403

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393;

(10/26/01)

1998-5 P

ML0218403

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 P

ML0218403

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 P

ML0218403

Requirements for Those Who Possess Certain Industrial Devices ContainingByproduct Material to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 P

ML0218403

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524;

(2/2/03)

1999-3 P

ML0218403

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 PML0218403New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 P

ML0218403

Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial-Parts 30, 31, 32

65 FR 79162; (2/16/04) 2001-1 P

ML0218403
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 R

ML #5

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that regulation. See: “Final 

Adequacy and Compatibility of Agreement State Programs,” III.1. Time Frame for Adoption of Compatible State Regulations, p

May 3, 1995.

5. ADAMS ML Number

Revision of the Skin Dose Limit-Part 20 67 FR 16298; (4/5/05) 2002-1 P

ML0218403

Medical Use of Byproduct Material-Parts 20, 32, 35 67 FR 20249; (4/24/05) 2002-2 P

ML0218403