N.D. Admin Code 33.1-10-20-01 - Adoption by reference of several sections in 10 Code of Federal Regulations part 32

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.

5. 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 32.

6. For references to 10 Code of Federal Regulations part 170, see chapter 33.1-10-11 for applicable fee schedules.

Notes

N.D. Admin Code 33.1-10-20-01

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019. Amended by Administrative Rules Supplement 2021-381, July 2021, effective 7/1/2021. Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.

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