April 28, 2003

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:

We have reviewed the final revisions to the North Dakota Administrative Code Article 33-10,

“North Dakota Radiological Health Rules”, received by our office on April 4, 2003. In addition,

we reviewed your responses to our letters, dated August 8, 2002 and December 23, 2002,

which contained our comments on your proposed version of these rules. These regulations

were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 19, 20, 34, 71 

and the requirements of the 35 amendments identified in the enclosed State Regulation Status

Data Sheet (SRS). We discussed our review of the regulations with Kenneth Wangler, on April

24, 2003.

As a result of our review, we have no comments and one editorial suggestion. Please note that

we have limited our review to regulations required for compatibility and/or health and safety. As

a result of the NRC review, we have determined that the regulations, as adopted, meet the

compatibility and health and safety categories established in the 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. Please let us know if you note any inaccuracies or have any

comments on the information contained in the SRS Data Sheet. This letter, including the SRS

Data Sheet, is posted on the STP website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the comments, 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 JGZ@NRC.GOV. 

Sincerely,

/RA by Scott Flanders for/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated
April 28, 2003

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:

We have reviewed the final revisions to the North Dakota Administrative Code Article 33-10,

“North Dakota Radiological Health Rules”, received by our office on April 4, 2003. In addition,

we reviewed your responses to our letters, dated August 8, 2002 and December 23, 2002,

which contained our comments on your proposed version of these rules. These regulations

were reviewed by comparison to the equivalent NRC regulations in 10 CFR Part 19, 20, 34, 71 

and the requirements of the 35 amendments identified in the enclosed State Regulation Status

Data Sheet (SRS). We discussed our review of the regulations with Kenneth Wangler, on April

24, 2003.

As a result of our review, we have no comments and one editorial suggestion. Please note that

we have limited our review to regulations required for compatibility and/or health and safety. As

a result of the NRC review, we have determined that the regulations, as adopted, meet the

compatibility and health and safety categories established in the 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. Please let us know if you note any inaccuracies or have any

comments on the information contained in the SRS Data Sheet. This letter, including the SRS

Data Sheet, is posted on the STP website: http://www.hsrd.ornl.gov/nrc/rulemaking.htm.

If you have any questions regarding the comments, 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 JGZ@NRC.GOV. 

Sincerely,

/RA by Scott Flanders for/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures:

As stated

Distribution:

DIR RF [3-99] DCD (SP08) PDR (YES_)

BUsilton TBrock JMyers, ASPO

Response to Incoming Document: ML031010635

DOCUMENT NAME: G:\JGZ\NorthDakota\ND3-99.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 PmcGrady-Finneran JGZabko SATreby JMPiccone (Sflanders for)

DATE 04/15/03* 04/15/03* 04/23/03* 04/28/03*

ML031220151 OFFICIAL RECORD COPY
Editorial Suggestions the State Did Not Address

1. In 33-10-05-06.4, the State has omitted the Part § (location) of the “Applicable Rules” of North Dakota.
STATE REGULATION STATUS

State: North Dakota Tracking Ticket Number: 35 amendments reviewed are identified by a  Date: April 28, 2003

at the beginning of the equivalent NRC regulation.] ML031220151

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 RML #5

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

ML0312201

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

ML0312201

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 F

ML0312201

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

ML0312201

Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-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 F

ML0312201

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 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 RML #5

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

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

ML0312201

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F

ML0312201

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 F

ML0312201

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 FML0312201

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983;

(3/1/98)

1995-3 F

ML0312201

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

ML0312201

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

ML0312201

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

ML0312201

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

ML0312201

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

(4/1/99)

1996-1 F

ML0312201

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-Parts

20, 30, 40, 61, 70

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

ML0312201

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

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

ML0312201

Recognition of Agreement State Licenses in Areas Under Exclusive Federal

Jurisdiction Within an Agreement State-Part 150

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

ML0312201
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 RML #5

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

ML0312201

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

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

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

ML0312201

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

ML0312201

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

62 FR 63634; (1⁄2/01) 1997-7 F

ML0312201

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

(2/12/01)

1998-1 F

ML0312201

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing

Licensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 F

ML0312201

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 F

ML0312201

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

(10/26/01)

1998-5 F

ML0312201

Transfer for Disposal and Manifests: Minor Technical Conforming AmendmentPart 20 63 FR 50127; (11/20/01) 1998-6 FML0312201

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

ML0312201

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

64 FR 42269; (none) 1999-2 F

ML0312201

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

(2/2/03)

1999-3 F

ML0312201

Energy Compensation Sources for Well Logging and Other Regulatory ClarificationsPart 39 65 FR 20337; (5/17/03) 2000-1 FML0312201
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID Proposed (

Final (F)1 RML #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, pMay 3, 1995.

5. ADAMS ML Number

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2 F

ML0312201

Requirements for Certain Generally Licensed Industrial Devices ContainingByproduct Material-Parts 30, 31, 32

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

ML0312201

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

ML0312201

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

ML0312201