reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-16 - Domestic Licensing of Source Material › Section 33.1-10-16-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 40

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 40.1, 40.2, 40.3, 40.4, 40.7,
				  40.9, 40.10, 40.11, 40.12, 40.13, 40.14, 40.20, 40.21, 40.22, 40.25, 40.26,
				  40.31, 40.32, 40.34, 40.35, 40.36, 40.41, 40.42, 40.43, 40.44, 40.45, 40.46,
				  40.51, 40.54, 40.55, 40.60, 40.61, 40.62, 40.63, 40.65, and 40.71 and appendix
				  A to part 40 are adopted by reference as they exist on May 9, 2022, with the
				  following exceptions:
1. Not adopted
				by reference are 10 Code of Federal Regulations 40.12(b); 40.31(g), (j), (k),
				and (l); 40.32(d), (e), and (g); 40.41(d), (e)(1), (e)(3), and (g);
				40.51(b)(6); appendix A, criterion 11A through F and criterion 12; paragraph
				(2) of the definition of "commencement of construction"; and paragraph (9)(ii)
				of the definition of "construction".
2. Requirements in 10 Code of Federal
				Regulations part 40 that apply to "byproduct material" also apply to naturally
				occurring or accelerator-produced radioactive material.
3. Where the words "NRC", "commission",
				"nuclear regulatory commission", "United States nuclear regulatory commission",
				"NRC regional administrator", or "administrator of the appropriate regional
				office" appear in 10 Code of Federal Regulations part 40, substitute the words
				"department of environmental quality" except when used in 10 Code of Federal
				Regulations 40.11.
4. 10 Code of
				Federal Regulations part 40 employee protection also applies to violations of
				North Dakota Century Code chapters 23.1-02 and 23.1-03.
5. "Act" includes North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
6.
				North Dakota state form number 8414, "notice to employees", must be posted
				instead of NRC form 3 that is specified in 10 Code of Federal Regulations part
				40.
7. North Dakota state form
				number 16092, "registration certificate: use of depleted uranium under general
				license", must be used instead of nuclear regulatory commission form 244 that
				is specified in 10 Code of Federal Regulations part 40.
8. North Dakota state form number 8418,
				"application for radioactive material license", must be used instead of NRC
				form 313 as specified in 10 Code of Federal Regulations part 40.
9. North Dakota state form number 18941,
				"certificate: disposition of radioactive material", must be used instead of NRC
				form 314 as specified in 10 Code of Federal Regulations part 40.
10. For references to 10 Code of Federal
				Regulations parts 170 and 171, see
				chapter
				33.1-10-11 for
				applicable fee schedules.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-17 - Domestic Licensing of Special Nuclear Material › Section 33.1-10-17-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 70

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 70.1, 70.2, 70.3, 70.4, 70.7,
				  70.9, 70.10, 70.11, 70.12, 70.17, 70.18, 70.19, 70.20, 70.21, 70.22, 70.23,
				  70.25, 70.31, 70.32, 70.33, 70.34, 70.35, 70.36, 70.38, 70.39, 70.41, 70.42,
				  70.50, 70.51, 70.56, and 70.81 are adopted by reference as they exist on May 9,
				  2022, with the following exceptions:
1. The following are not adopted by
				reference: 10 Code of Federal Regulations 70.1(c), (d), and (e); 70.20a;
				70.20b; 70.21(a)(1), (c), (f), (g), and (h); 70.22(b), (c), (f), (g), (h), (i),
				(j), (k), (l), (m), and (n); 70.23(a)(6), (a)(7), (a)(8), (a)(9), (a)(10),
				(a)(11), (a)(12), and (b); 70.23a; 70.25(a)(1); 70.31(c), (d), and (e);
				70.32(a)(1), (a)(4), (a)(5), (a)(6), (a)(7), (b)(1), (b)(3), (b)(4), (c), (d),
				(e), (f), (g), (h), (i), (j), and (k); 70.42(b)(6); 70.51(c); paragraph (2) of
				the definition of "commencement of construction"; and paragraph (9)(ii) of the
				definition of "construction".
2.
				Requirements in 10 Code of Federal Regulations part 70 that apply to "byproduct
				material" also apply to naturally occurring or accelerator-produced radioactive
				material.
3. Where the words "NRC",
				"commission", "nuclear regulatory commission", "United States nuclear
				regulatory commission", "NRC regional administrator", "NRC regional office",
				"administrator of the appropriate nuclear regulatory commission's regional
				office", "administrator of the appropriate regional office", or "nuclear
				regulatory commission's office of nuclear material safety and safeguards,
				division of industrial and medical nuclear safety" appear in 10 Code of Federal
				Regulations part 70, substitute the words "department of environmental
				quality".
4. 10 Code of Federal
				Regulations 70.7 employee protection also applies to violations of North Dakota
				Century Code chapters 23.1-02 and 23.1-03.
5. "Act" includes North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
6.
				North Dakota state form number 8418, "application for radioactive material
				license", must be used instead of nuclear regulatory commission form 313 as
				specified in 10 Code of Federal Regulations part 70.
7. North Dakota state form number 8414,
				"notice to employees", must be posted instead of United States nuclear
				regulatory commission form 3 that is specified in 10 Code of Federal
				Regulations part 70.
8. For
				references to 10 Code of Federal Regulations part 170, see
				chapter
				33.1-10-11 for
				applicable fee schedules.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-18 - General Domestic Licenses for Byproduct Material › Section 33.1-10-18-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 31

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 31.1, 31.2, 31.3, 31.5, 31.6,
				  31.7, 31.8, 31.9, 31.10, 31.11, and 31.12 are adopted by reference as they
				  exist on October 1, 2015, with the following exceptions:
1. Not adopted by reference are 10 Code of
				Federal Regulations 31.3(b) and (c) and 31.6(a).
2. Requirements in 10 Code of Federal
				Regulations part 31 that apply to "byproduct material" also apply to naturally
				occurring or accelerator-produced radioactive material.
3. Where the words "NRC", "commission",
				"nuclear regulatory commission", "United States nuclear regulatory commission",
				or "director of nuclear material safety and safeguards" appear in 10 Code of
				Federal Regulations part 31, substitute the words "department of environmental
				quality" except when used in 10 Code of Federal Regulations 31.8(c)(2) and
				31.11(d)(2).
4. Reporting required
				in 10 Code of Federal Regulations 31.5(c)(5), 31.5(c)(8)(ii), 31.5(c)(9)(i),
				31.5(c)(11), and 31.5(c)(14) shall be submitted to the department of
				environmental quality as follows:
a. By mail
				addressed to:
Radiation Control Program
Department of Environmental Quality
4201 Normandy Street, Second Floor
Bismarck, ND 58503-1324
b. By hand delivery to:
Radiation Control Program
Department of Environmental Quality
4201 Normandy Street, Second Floor
Bismarck, ND
c. By electronic submission to ram@nd.gov.
				Electronic submissions must be made in a manner that enables the department of
				environmental quality to receive, read, authenticate, distribute, and archive
				the submission, and process and retrieve it a single page at a time.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-19 - Reciprocal Recognition of Licenses › Section 33.1-10-19-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 150

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 150.1, 150.2, 150.3, 150.11,
				  150.20, 150.31, and 150.32 are adopted by reference as they exist on December
				  30, 2019, with the following exceptions:
1. Not adopted by reference is 10 Code of
				Federal Regulations 150.3 foreign obligations.
2. Requirements in 10 Code of Federal
				Regulations part 150 that apply to "byproduct material" also apply to naturally
				occurring or accelerator-produced radioactive material.
3. Where the words "NRC", "commission",
				"nuclear regulatory commission", "regional administrator", "United States
				nuclear regulatory commission", "region", or "regional administrator of the
				United States nuclear regulatory commission regional office" appear in 10 Code
				of Federal Regulations part 150, substitute the words "department of
				environmental quality" except when used in section 150.5.
4. "Act" includes North Dakota Century Code
				chapters 23.1-02 and 23.1-03.
5.
				North Dakota state form number 58230, "radioactive material reciprocity
				request", must be used instead of nuclear regulatory commission form 241 as
				specified in 10 Code of Federal Regulations part 150.
6. Where the words "non-agreement states",
				"areas of exclusive federal jurisdiction within agreement states", or "offshore
				waters" are used in 10 Code of Federal Regulations 150.20(a) (1)(i), (ii) and
				(iii) and 150.20(b), (b)(3), and (b)(4) substitute the words "state of North
				Dakota".
7. Where the words
				"agreement states license" are used in 10 Code of Federal Regulations 150.20,
				also add the words "nuclear regulatory commission license". Where the words
				"license issued by an agreement state" are used in 10 Code of Federal
				Regulations 150.20 also add the words "license issued by the nuclear regulatory
				commission". Where the words "license from an agreement state" are used in 10
				Code of Federal Regulations 150.20 also add the words "license from the nuclear
				regulatory commission".
8. The
				words "for the first time in a calendar year" are stricken from 10 Code of
				Federal Regulations 150.20(b)(1).
9. Where the words "in any calendar year,
				except that the general license in paragraph (a) of this section concerning
				activities in offshore water authorizes that person to possess or use
				radioactive materials, or engage in the activities authorized, for an unlimited
				period of time" are used in 10 Code of Federal Regulations 150.20(b)(4),
				substitutes the words "in a 365-day period".
10. For references to 10 Code of Federal
				Regulations part 170, see
				chapter
				33.1-10-11 for
				applicable fee schedules.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-20 - Specific Domestic Licenses to Manufacture or Transfer Certain Item Containing Byproduct Material › Section 33.1-10-20-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 32

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 32.1, 32.2, 32.3, 32.13,
				  32.17, 32.24, 32.51, 32.51(a), 32.52, 32.53, 32.54, 32.55, 32.56, 32.57, 32.58,
				  32.59, 32.61, 32.62, 32.71, 32.72, 32.74, 32.101, 32.102, 32.103, 32.110,
				  32.201, 32.210, and 32.301 are adopted by reference as they exist on September
				  8, 2021, with the following exceptions:
1. Not adopted by reference is 10 Code of
				Federal Regulations 32.1(c)(1).
2.
				Requirements in 10 Code of Federal Regulations part 32 that apply to "byproduct
				material" also apply to naturally occurring or accelerator-produced radioactive
				material.
3. Where the words "NRC",
				"commission", "NRC regional office", or "director of nuclear material safety
				and safeguards" appear in 10 Code of Federal Regulations part 32, substitute
				the words "department of environmental quality" except when used in
				32.51(a)(3)(iii), 32.54(a), 32.58, 32.71(d), 32.72(b)(5), and
				32.74(a)(3).
4. Reporting required
				in 10 Code of Federal Regulations 32.56(a) shall be submitted to the department
				of environmental quality as follows:
a. By
				mail addressed to:
Radiation Control Program
Department of Environmental Quality
4201 Normandy Street, Second Floor
Bismarck, ND 58503-1324
b. By hand delivery to:
Radiation Control Program
Department of Environmental Quality
4201 Normandy Street, Second Floor
Bismarck, ND
c. By electronic submission to ram@nd.gov.
				Electronic submissions must be made in a manner that enables the department of
				environmental quality to receive, read, authenticate, distribute, and archive
				the submission, and process and retrieve it a single page at a time.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-21 - Specific Domestic Licenses of Broad Scope for Byproduct Material › Section 33.1-10-21-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 33

Current through Supplement No. 393, July, 2024
10 Code of Federal Regulations 33.1, 33.11, 33.12, 33.13,
				  33.14, 33.15, 33.16, 33.17, and 33.100 are adopted by reference as they exist
				  on January 1, 2010, with the following exceptions:
1. Requirements in 10 Code of Federal
				Regulations part 33 that apply to "byproduct material" also apply to naturally
				occurring or accelerator-produced radioactive material.
2. Where the word "commission" appears in 10
				Code of Federal Regulations part 33, substitute the words "department of
				environmental quality".
3. "Act"
				includes North Dakota Century Code chapters 23.1-02 and 23.1-03.
4. North Dakota state form number 8418,
				"application for radioactive material license", must be used instead of nuclear
				regulatory commission form 313 as specified in 10 Code of Federal Regulations
				part 33.
5. For references to 10
				Code of Federal Regulations part 170, see chapter 33.1-10-11 for applicable fee
				schedules.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-01 - Purpose

Current through Supplement No. 393, July, 2024
This chapter establishes radiation protection standards for
				  technologically enhanced naturally occurring radioactive material (TENORM).
				  These standards include the possession, use, processing, manufacture,
				  distribution, transfer, and disposal of TENORM and of products containing
				  TENORM. This chapter also provides for the licensing of TENORM, including
				  license termination. The provisions of this chapter are in addition to the
				  definitions and applicable requirements of chapters 33.1-10-01, 33.1-10-03.1,
				  33.1-10-04.2, 33.1-10-10.1, and 33.1-10-13.1.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-02 - Scope

Current through Supplement No. 393, July, 2024
1. Except as
				otherwise provided, this chapter applies to any person who receives, possesses,
				uses, processes, transfers, distributes, or disposes of TENORM.
2. The manufacture and distribution of
				products containing TENORM, in which the TENORM's emitted radiation is
				considered beneficial to the products, are licensed pursuant to the provisions
				of chapter 33.1-10-03.1.
3. This
				chapter addresses the introduction of TENORM into products in which the
				radiation emitted from the TENORM is not considered to be beneficial to the
				products.
4. This chapter does not
				apply to source material and byproduct material as both are defined in the
				Atomic Energy Act of 1954, as amended [
				42 U.S.C.
				2011 et seq.] and relevant regulations
				implemented by the United States nuclear regulatory commission.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-04 - Exemptions

Current through Supplement No. 393, July, 2024
1. Persons who
				receive, possess, use, process, transfer, distribute, or dispose of TENORM are
				exempt from the requirements of this chapter with respect to any combination of
				radium-226 and radium-228 if the materials contain, or are contaminated at,
				concentrations less than one hundred eighty five becquerel per kilogram [five
				picocuries per gram (5.0 pCi/g)] excluding natural background radiation. The
				progeny of the exempt TENORM radium-226 and radium-228 are also
				exempt.
2. Persons who receive
				products or materials containing TENORM distributed in accordance with a
				specific license issued by the department pursuant to subsection 1 of section
				33.1-10-23-11, or to an
				equivalent license issued by another licensing state, are exempt from this
				chapter with regard to those products or materials.
3. Persons who receive, possess, use,
				process, transfer, and distribute, including preparation of custom blends for
				distribution, phosphate or potash ore-based fertilizers containing TENORM are
				exempt from this chapter.
4.
				Persons who receive, possess, use, process, transfer, dispose into a permitted
				landfill, and distribute, including preparation of custom blends for
				distribution, zirconia, zircon, and products of zirconia and zircon containing
				TENORM are exempt from this chapter. A facility that manufactures zirconia or
				zircon from ore is not exempt from this chapter. A facility that chemically
				processes zirconia or zircon resulting in increased environmental mobility of
				TENORM is not exempt from this chapter.
5. Persons who possess TENORM waste regulated
				by the Comprehensive Environmental Response, Compensation and Liability Act, as
				amended [
				42
				U.S.C. 9601 et seq.] or by the Resource
				Conservation and Recovery Act, as amended [
				42 U.S.C.
				6901 et seq.] or equivalent state authority
				are exempt from this chapter for the TENORM waste regulated by either of these
				federal acts.
6. Other persons who
				possess or use TENORM shall be exempt when the department makes a
				determination, upon its own initiative or upon request for such determination,
				that the reasonably maximally exposed individual will not receive a public dose
				with a TEDE of more than one millisievert [one hundred millirem] in one year
				from all licensed or registered sources of radiation including
				TENORM.
7. Persons who possess
				TENORM in the form of coal combustion residuals (i.e., fly ash waste, bottom
				ash waste, slag waste, and flue gas emission control waste) from energy
				conversion facilities are exempt from this chapter.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-05 - Standards for radiation protection for members of the public

Current through Supplement No. 393, July, 2024
1. All licensees
				shall conduct operations with TENORM so that individual members of the public
				will not exceed one millisievert [one hundred millirem] TEDE in a year,
				exclusive of the dose contributions from background radiation, from all
				licensed or registered sources of radiation, including TENORM. Doses from
				inhalation of indoor radon and its short half-life (less than one hour) progeny
				shall not be included in calculations of the TEDE, except when the dose is due
				to releases from licensed operations involving the handling or processing of
				TENORM.
2. Persons subject to a
				specific or general license under this chapter shall comply with the radiation
				protection standards in chapter 33.1-10-04.2.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-06 - Protection of workers during operations

Current through Supplement No. 393, July, 2024
Each person subject to a specific or general license under
				  this chapter shall conduct operations so that protection of workers complies
				  with the radiation protection standards in chapters 33.1-10-04.2 and
				  33.1-10-10.1.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-07 - Unrestricted use and conditional release

Current through Supplement No. 393, July, 2024
Each general or specific licensee shall, no less than thirty
				  days before vacating or relinquishing possession or control of premises which
				  may have been contaminated with TENORM as a result of the licensee's
				  activities, notify the department in writing of intent to vacate. When deemed
				  necessary by the department, the licensee shall decontaminate the premises in
				  accordance with the following or in such other manner as the department may
				  specify.
1. Each licensee before
				vacating or transferring any premises shall permanently decontaminate the
				premises to meet the criteria for decommissioning in 10 CFR part 20, subpart E.
				The licensee shall make a survey after the decontamination and provide a copy
				to the department and any landlord, subsequent tenant, or transferee. The
				premises may not be vacated, sold, or transferred until the department verifies
				and accepts the decontamination survey.
2. No machinery, instruments, laboratory
				equipment, or any other property used in contact with, or close proximity to
				TENORM at a licensed premises may be assigned, sold, leased, or transferred to
				an unlicensed person unless such property has been permanently decontaminated
				below or equal to the standards specified in table 4.2-07.1 of chapter
				33.1-10-04.2. The licensee shall make a survey after the decontamination and
				provide a copy to the department and subsequent transferee or owner. The
				equipment may not be assigned, sold, leased, or transferred until the
				department verifies and accepts the decontamination survey.
3. Persons with a specific license must also
				comply with the requirements of subdivisions f and g of subsection 1 of section
				33.1-10-23-17 and section
				33.1-10-23-18 that are
				applicable to remediation and license termination.
4. Persons with a general license must notify
				the department in writing before beginning activities to reclaim the site.
				Decontamination activities require a specific license under section
				33.1-10-23-11.
5. Notification of site or area closure. When
				the general licensee has permanently ceased use of radioactive materials at a
				site or portion of a site or facility or when an area has not been used for a
				period of two years, the licensee shall, within sixty days, provide the
				following information in writing to the department:
a. The location of the site or area;
				and
b. The plan for reclaiming or
				decontaminating the site or area.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-08 - Disposal and transfer of waste for disposal

Current through Supplement No. 393, July, 2024
1. Each person
				subject to this chapter's general and specific licensing requirements shall
				manage and dispose of wastes containing TENORM:
a. By transfer of the wastes for storage,
				treatment, or disposal at a facility authorized to accept wastes containing
				TENORM by the department or other applicable state or federal agency;
b. By transfer for disposal in
				another state as otherwise approved by the applicable governmental authority;
				or
c. In accordance with alternate
				methods authorized by the department or other applicable state or federal
				agency.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-09 - Prohibition - Purposeful dilution

Current through Supplement No. 393, July, 2024
Purposeful dilution to render TENORM exempt shall not be
				  performed without prior department approval.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-10 - General licenses

Current through Supplement No. 393, July, 2024
1. A general
				license is hereby issued to possess, use, transfer, distribute, or dispose of
				TENORM without regard to quantity, except for those activities requiring a
				specific license.
2. Employees or
				contractors under control and supervision of a general licensee may perform
				routine maintenance on equipment, facilities, and land owned or controlled by
				the general licensee. Maintenance that provides a pathway for exposure
				different from that found in periodic maintenance operations and that increases
				the potential for additional exposure is not considered routine maintenance.
				The decontamination of equipment, facilities, and land shall be performed only
				by persons specifically licensed by the department, an agreement state, or
				another licensing agency to conduct such work.
3. Any person subject to the general license
				issued under this section shall notify the department within sixty days of the
				effective date of this chapter or of becoming subject to the general license.
				The notification shall include the following:
a. Name and address of the
				licensee;
b. Location and
				description of the facility, facilities, or portion of a facility where the
				TENORM is situated; and
c.
				Description of the TENORM, including estimates of the amount and extent of
				TENORM.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-11 - Specific licenses

Current through Supplement No. 393, July, 2024
1. A specific
				license is required to manufacture and distribute any consumer or retail
				product containing TENORM unless the manufacture and distribution are:
a. Authorized as specified by section
				33.1-10-23-10;
b. Licensed under the provisions of
				33.1-10-03.1; or
c. Otherwise
				exempt in accordance with another chapter of 33.1-10.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-13 - Requirements for the issuance of specific licenses

Current through Supplement No. 393, July, 2024
1. A license
				application will be approved if the department determines that:
a. The applicant is qualified by reason of
				training and experience to use the TENORM in question for the purpose requested
				in accordance with article 33.1-10 in such a manner as to protect the public
				health and safety or property;
b.
				The applicant's proposed equipment, facilities, and procedures are adequate to
				protect the public health and safety or property;
c. The issuance of the license will not
				constitute a significant risk to the health and safety of the public;
d. The applicant satisfied all applicable
				special requirements in this chapter;
e. The applicant has met the financial
				assurance requirements of section
				33.1-10-23-25;
f. The applicant has adequately addressed the
				following items in the application:
(1)
				Procedures and equipment for monitoring and protecting workers;
(2) An evaluation of the radiation levels and
				concentrations of contamination expected during normal operations;
(3) Operating and emergency procedures,
				including procedures for waste reduction and quality assurance of items
				released for unrestricted use; and
(4) A method for managing the radioactive
				material removed from contaminated equipment, facilities, and
				land.
g. For each
				location to be listed on the license as an authorized use location, the
				applicant shall submit either:
(1) A statement
				that the applicant owns the facility where radioactive material is to be used
				or stored; or
(2) A statement
				verifying that the facility owner has been informed, in writing, of the use or
				storage of radioactive material at the facility, and that the use of such
				material is subject to the rules of the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-14 - Safety criteria for consumer and retail products

Current through Supplement No. 393, July, 2024
An applicant for a license under subsection 2 of section
				  33.1-10-23-13 shall demonstrate
				  that the product is designed and will be manufactured so that:
1. In normal use and disposal of a single
				exempt item, and in normal handling and storage of the quantities of exempt
				items likely to accumulate in one location during marketing, distribution,
				installation, and servicing of the product, it is unlikely that the dose in any
				one year, to a suitable sample of the group of individuals expected to be most
				highly exposed to radiation or radioactive material from the product will
				exceed the doses in column I of section
				33.1-10-23-15.
2. In use and disposal of a single exempt
				item and in handling and storage of the quantities of exempt items likely to
				accumulate in one location during marketing, distribution, installation, and
				servicing of the product, the probability is low that the containment,
				shielding, or other safety features of the product would fail under such
				circumstances that a person would receive an external radiation dose or
				committed dose equivalent in excess of the dose to the appropriate part of the
				body as specified in column II of section
				33.1-10-23-15 and the
				probability is negligible that a person would receive an external radiation
				dose or committed dose equivalent in excess of the dose to the appropriate part
				of the body as specified in column III of section
				33.1-10-23-15.
3. It is unlikely that there will be a
				significant reduction in the effectiveness of the containment, shielding, or
				other safety features of the product from wear and abuse likely to occur in
				normal handling and use of the product during its useful life.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-15 - Table of doses

Current through Supplement No. 393, July, 2024
The dose limits in this section are the doses above
				  background from the product.
1. Column
				I doses are:
a. For the whole body; head and
				trunk; active blood-forming organs; gonads; or lens of eye - fifty
				microsieverts [five millirem].
b.
				For the hands and forearms; feet and ankles; localized areas of skin averaged
				over areas no larger than one square centimeter - seven hundred fifty
				microsieverts [seventy-five millirem].
c. For other organs - one hundred fifty
				microsieverts [fifteen millirem].
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-16 - Issuance of specific licenses

Current through Supplement No. 393, July, 2024
1. Upon a
				determination that an application meets the requirements of article 33.1-10,
				the department will issue a specific license authorizing the proposed activity
				in such form and containing such conditions and limitations as it deems
				appropriate or necessary.
2. The
				department may incorporate in any license at the time of issuance, or
				thereafter by amendment, such additional requirements and conditions with
				respect to the licensee's receipt, possession, use, and transfer of TENORM
				subject to this chapter as it deems appropriate or necessary in order to:
a. Protect public health and safety or
				property;
b. Require such reports
				and the keeping of such records, and to provide for such inspections of
				activities under the license as may be appropriate or necessary; and
c. Prevent loss, theft, or loss of control of
				TENORM subject to this chapter.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-18 - Expiration and termination of specific licenses

Current through Supplement No. 393, July, 2024
1. Except as
				provided in subsection 2 of section
				33.1-10-23-19, the authority to
				engage in licensed activities as specified in the specific license shall expire
				at the end of the specified day in the month and year stated therein. Any
				expiration date on a specific license applies only to the authority to engage
				in licensed activities. Expiration of a specific license shall not relieve the
				licensee of responsibility for decommissioning its facility and terminating the
				specific license.
2. Each licensee
				shall notify the department immediately, in writing, and request termination of
				the license when the licensee decides to terminate all activities involving
				radioactive materials authorized under the license. This notification and
				request for termination shall include the documents required by subsection 4
				and shall otherwise substantiate that the licensee has met all of the
				requirements in subsection 4.
3. No
				less than thirty days before the expiration date specified in a specific
				license, the licensee shall either:
a. Submit
				an application for license renewal pursuant to section
				33.1-10-23-19; or
b. Notify the department, in writing, if the
				licensee decides not to renew the license. The licensee requesting termination
				of a license shall comply with the requirements of subsection
				4;
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-19 - Renewal of specific licenses

Current through Supplement No. 393, July, 2024
1. Applications for
				renewal of specific licenses shall be filed in accordance with section
				33.1-10-23-12.
2. In any case in which a licensee, not less
				than thirty days prior to expiration of an existing license, has filed an
				application in proper form for renewal or for a new license authorizing the
				same activities, the existing license shall not expire until final action by
				the department.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-20 - Amendment of specific licenses at request of licensee

Current through Supplement No. 393, July, 2024
Applications for amendment of a license shall be filed in
				  accordance with section
				  33.1-10-23-12 and shall specify
				  the respects in which the licensee desires the license to be amended and the
				  grounds for such amendment.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-21 - Department action on applications to renew and amend specific licenses

Current through Supplement No. 393, July, 2024
In considering an application by a licensee to renew or amend
				  the license, the department will apply the criteria set forth in section
				  33.1-10-23-13.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-22 - Modification and revocation of specific licenses

Current through Supplement No. 393, July, 2024
1. The terms and
				conditions of all licenses shall be subject to amendment, revision, or
				modification or the license may be suspended or revoked by reason of amendments
				to North Dakota Century Code chapters 23-20.2, 23.1-02, 23.1-03, or 23.1-05, or
				by reason of rules and orders issued by the department.
2. Any license may be revoked, suspended, or
				modified, in whole or in part, for any material false statement in the
				application or because of conditions revealed by such application or any
				report, record, or inspection or other means which would warrant the department
				to refuse to grant a license on an original application, or for violation of,
				or failure to observe any of the terms and conditions of North Dakota Century
				Code chapters 23.1-02, 23.1-03, or 23.1-05, or of the license, or of any rule
				or order of the department.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-23 - Recordkeeping requirements for site reclamation

Current through Supplement No. 393, July, 2024
Each licensee shall keep records of information important to
				  the safe and effective reclamation of a facility in an identified location
				  until the license is terminated by the department. If records of relevant
				  information are maintained for other purposes, reference to these records and
				  their locations may be used. The records must include the following
				  information:
1. Records of spills or
				other unusual occurrences involving the spread of contamination in and around
				the facility, equipment, or site. These records may be limited to instances
				when contamination remains after any cleanup procedures or when there is
				reasonable likelihood that contaminants may have spread to inaccessible areas
				as in the case of possible seepage into porous materials such as concrete.
				These records shall include any known information on identification of involved
				radionuclides, quantities, forms, and concentrations.
2. As-built drawings and modifications of
				structures and equipment in restricted areas where radioactive materials are
				used or stored, and of locations of possible inaccessible contamination, such
				as buried pipes which may be subject to contamination. If required drawings are
				referenced, each relevant document need not be indexed individually. If
				drawings are not available, the licensee shall substitute appropriate records
				of available information concerning these areas and locations.
3. If required by section
				33.1-10-23-25, records of this
				reclaiming cost estimate prepared for the amount approved by the department for
				reclaiming.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-24 - Reciprocal recognition of specific licenses

Current through Supplement No. 393, July, 2024
1. Any person who
				holds a specific license from another agreement state or licensing state,
				issued by the agency having jurisdiction where the licensee maintains an office
				for directing the licensed activity and at which radiation safety records are
				normally maintained, is hereby granted a general license to conduct the
				activities authorized in such licensing document within North Dakota for a
				period not in excess of one hundred eighty days in any twelve-month period,
				provided that:
a. A current copy of the
				licensing document or equivalent authorization is on file with the department
				and the authorized activities are not limited to specified installations or
				locations;
b. The out-of-state
				licensee notifies the department at least three days before engaging in such
				activity. Such notification shall indicate the location, period, and type of
				proposed possession and use within North Dakota. Upon receipt from the
				out-of-state licensee of a written request containing a schedule of activities
				to be conducted within North Dakota, the department may waive the requirement
				for additional notifications during the twelve-month period following the
				receipt of the initial notification;
c. The out-of-state licensee complies with
				all applicable rules of the department including sections
				33.1-10-23-11 and
				33.1-10-23-12 and with all the
				terms and conditions of the licensing document or equivalent authorization,
				except any such terms and conditions which may be inconsistent with
				33.1-10;
d. The out-of-state
				licensee supplies any other information necessary to show compliance with
				33.1-10; and
e. The out-of-state
				licensee shall not transfer or dispose of TENORM possessed or used under the
				general license, except by transfer to a person:
(1) Specifically licensed by the department
				or by another licensing state to receive such TENORM; or
(2) Exempt from the requirements for a
				license for such TENORM under section
				33.1-10-23-04.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-10 - Radiological Health Rules › Chapter 33.1-10-23 - Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material › Section 33.1-10-23-25 - Financial assurance arrangements

Current through Supplement No. 393, July, 2024
Each licensee or applicant for a specific license shall post
				  with the department financial assurance, or security, to ensure the protection
				  of the public health and safety and the environment in the event of
				  abandonment, default, or other inability or unwillingness of the licensee to
				  meet the requirements of article 33.1-10 and North Dakota Century Code chapter
				  23.1-03. Financial assurance arrangements shall:
1. Consist of surety bonds, government
				securities, irrevocable letters of credit, corporate guarantees, insurance,
				state funds, or any combination of these;
2. Be in an amount sufficient to meet the
				applicant's or licensee's obligations under 33.1-10 and North Dakota Century
				Code chapter 23.1-03 and shall be based upon department approved cost
				estimates;
3. Be established prior
				to issuance of the license or the commencement of operations to assure that
				sufficient funds will be available to carry out the decontamination and
				decommissioning of the facility;
4.
				Be continuous for the duration of the license and for a period coincident with
				the applicant or licensee's responsibility under 33.1-10 and North Dakota
				Century Code chapter 23.1-03;
5. Be
				available in North Dakota subject to judicial process and execution in the
				event required for the purposes set forth; and
6. Be established within ninety days of the
				initial effective date of this chapter for licenses in effect on that
				date.
General Authority:
NDCC 23.1-03-04; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04;
					 S.L. 2017, ch. 199, § 18