# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-04.2 — Standards for Protection against Radiation

### § 33.1-10-04.2-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 20.
10 Code of Federal Regulations 20.1001, 20.1002, 20.1003, 20.1004, 20.1005, 20.1008, 20.1101,
20.1201, 20.1202, 20.1203, 20.1204, 20.1206, 20.1207, 20.1208, 20.1301, 20.1302, 20.1401, 20.1402,
20.1403, 20.1404, 20.1405, 20.1406, 20.1501, 20.1502, 20.1601, 20.1602, 20.1701, 20.1702, 20.1703,
20.1704, 20.1705, 20.1801, 20.1802, 20.1901, 20.1902, 20.1903, 20.1904, 20.1905, 20.1906, 20.2001,
20.2002, 20.2003, 20.2004, 20.2005, 20.2006, 20.2007, 20.2008, 20.2101, 20.2102, 20.2103, 20.2104,
20.2105, 20.2106, 20.2107, 20.2108, 20.2110, 20.2201, 20.2202, 20.2203, 20.2204, 20.2205, 20.2206,
20.2207, 20.2301, and 20.2302, appendix A through C to part 20, appendix E to part 20, and
appendix G to part 20 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 (CFR) 20.1406(b), 20.1905(g),
20.2203(c), and 20.2206(a)(1), (a)(3), (a)(4), and (a)(5).
2. All of the requirements in chapter 33.1-10-04.2 apply to both licensees and registrants. A
reference in 10 CFR part 20 to "license" includes "registration", a reference to "licensee"
includes "registrant", a reference to "licensed" includes "registered", a reference to "licensed
material(s)" includes "registered source of radiation", and a reference to "licensed radioactive
material" includes "registered source of radiation". "Registrant" means any person who is
registered with the department and is legally obligated to register with the department
pursuant to article 33.1-10 and North Dakota Century Code chapter 23.1-03. "Registration"
means the notification of the department of environmental quality of possession of a source of
radiation and the furnishing of information with respect thereto, in accordance with North
Dakota Century Code chapter 23.1-02.
3. Where the words "NRC", "commission", "administrator of the appropriate NRC regional office",
"administrator of the nearest commission regional office", or "NRC regional office" appear in
10 CFR part 20, substitute the words "department of environmental quality".
4. Requirements in 10 CFR part 20 that apply to "byproduct material" also apply to naturally
occurring or accelerator produced radioactive material.
5. "Act" includes North Dakota Century Code chapters 23.1-02 and 23.1-03.
6. North Dakota state form number 19443, "occupational radiation exposure history", must be
used instead of NRC form 4 as specified in 10 CFR part 20.
7. North Dakota state form number 8416, "current occupational radiation exposure", must be
used instead of NRC form 5 as specified in 10 CFR part 20.
8. NRC form 748 shall not be used as described in 10 CFR part 20.
9. The words "in the Federal Register and" shall be omitted from 10 CFR 20.1405(b).

History: Effective January 1, 2019; amended effective January 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
### § 33.1-10-04.2-02. Individuals working with medical fluoroscopic equipment.

Each registrant shall provide dose monitoring and shall monitor occupational exposure to ensure
compliance for:
1. Occupational dose limits to adults pursuant to 10 CFR 20.1201.
2. Occupational dose limits to minors pursuant to 10 CFR 20.1207.
3. The dose equivalent to an embryo/fetus pursuant to 10 CFR 20.1208.
History: Effective January 1, 2019.
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
### § 33.1-10-04.2-03. Location of individual monitoring devices.

Each licensee or registrant shall ensure that individuals who are required to monitor occupational
doses in accordance with 10 CFR 20.1502 wear individual monitoring devices as follows:
1. An individual monitoring device used for monitoring the dose to the whole body shall be worn
at the unshielded location of the whole body likely to receive the highest exposure. When a
protective apron is worn, the location of the individual monitoring device is typically at the neck
(collar);
2. An individual monitoring device used for monitoring the dose to an embryo or fetus of a
declared pregnant woman, pursuant to 10 CFR 20.1208, shall be located at the waist under
any protective apron being worn by the woman;
3. An individual monitoring device used for monitoring the lens dose equivalent, to demonstrate
compliance with subparagraph a of 10 CFR 20.1201, shall be located at the neck (collar),
outside any protective apron being worn by the monitored individual, or at an unshielded
location closer to the eye; and
4. An individual monitoring device used for monitoring the dose to the extremities, to
demonstrate compliance with subparagraph a of 10 CFR 20.1201, shall be worn on the
extremity likely to receive the highest exposure. Each individual monitoring device shall be
oriented to measure the highest dose to the extremity being monitored.
History: Effective January 1, 2019.
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
### § 33.1-10-04.2-04. Effective dose equivalent determination during medical fluoroscopy.

When a protective apron is worn while working with medical fluoroscopic equipment and monitoring
is conducted as specified in subdivision d, the effective dose equivalent for external radiation shall be
determined as follows:
1. When only one individual monitoring device is used and it is located at the neck (collar)
outside the protective apron, the reported deep dose equivalent shall be the effective dose
equivalent for external radiation.

2. When only one individual monitoring device is used and it is located at the neck (collar)
outside the protective apron, and the reported dose exceeds twenty-five percent of the limit
specified in 10 CFR 20.1201, the reported deep dose equivalent value multiplied by
three-tenths shall be the effective dose equivalent for external radiation.
3. When two individual monitoring devices are worn, one under the protective apron at the waist
and the other outside the protective apron at the neck (collar), the effective dose equivalent for
external radiation shall be assigned the value of the sum of the deep dose equivalent reported
for the individual monitoring device located at the waist under the protective apron multiplied
by one and five-tenths and the deep dose equivalent reported for the individual monitoring
device located at the neck (collar) outside the protective apron multiplied by four-hundredths.
4. Subdivisions b and c only apply when all of the following conditions are met:
a. The individual monitoring devices have not been exposed to radiation from radioactive
material.
b. Leaded glasses, a thyroid shield, and a wraparound protective apron have been worn
whenever using the medical fluoroscopic equipment.
c. The area around the medical fluoroscopic equipment has been equipped with lead
shielding or transparent protective barriers for control of scattered radiation.
d. The medical fluoroscopic procedures have been performed in a way that minimizes
beam on time, such as utilizing last image hold.
e. Users of the medical fluoroscopic equipment must have had formal training in radiation
safety and operation of medical fluoroscopic equipment.
f. Performance of the medical fluoroscopic equipment must be monitored and maintained
via a quality assurance program.
g. Patient and staff radiation exposures from medical fluoroscopic equipment must be
monitored and actions taken to correct problems.
History: Effective January 1, 2019.
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
### § 33.1-10-04.2-05. Radiation machine security and prevention of unauthorized use.

1. The registrant shall secure registered radiation machines from unauthorized removal.
2. The registrant shall use devices or administrative procedures to prevent unauthorized use of
registered radiation machines.
History: Effective January 1, 2019.
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
### § 33.1-10-04.2-06. Radiation machine labels.

Each registrant shall ensure that each radiation machine is labeled in a conspicuous manner which
cautions individuals that radiation is produced when it is energized.
History: Effective January 1, 2019.
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

### § 33.1-10-04.2-07. Additional requirements - Vacating premises.

Each specific licensee or registrant shall, no less than thirty days before vacating or relinquishing
possession or control of premises which may have been contaminated with radioactive material as a
result of the licensee's or registrant'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. Premises. Each licensee before vacating any premise, or transferring the premise, shall
permanently decontaminate such premises to meet the criteria for decommissioning in
10 CFR part 20, subpart E as adopted by this chapter. A survey shall be made after such
decontamination and the department and the landlord or subsequent tenant or transferee shall
be provided with a copy of such survey no less than thirty days before vacating or
relinquishing possession or control of premises. No such premise may be vacated, sold, or
transferred until the decontamination survey has been verified and accepted by the
department. For naturally occurring radioactive materials (NORM) and technologically
enhanced naturally occurring radioactive materials (TENORM), decontamination shall meet
the standards found in table 4.2-07.1.
2. Equipment. No machinery, instruments, laboratory equipment, or any other property used in
contact with, or close proximity to, NORM or TENORM, or both, at a licensed premise 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 10 CFR part 20,
subpart E as adopted by this chapter. A survey shall be made after such decontamination and
the department and subsequent transferee or owner shall be provided with a copy of such
survey. No such equipment may be assigned, sold, leased, or transferred until such
documentation survey has been verified and accepted by the department.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-03-05; S.L. 2017, ch. 199, § 18

Table 4.2-07.1
Standards for Unrestricted Release for NORM and TENORM
(a) Surface contamination limits
(1) Alpha emitters
(i) Removable: 0.55Bq = 15.0 pCi = 33 dpm average over
100 cm2 100 cm2 100 cm2 any one surface
1.665 Bq = 45.0 pCi = 100 dpm maximum
100 cm2 100 cm2 100 cm2
(ii) Total (fixed): 166.5 Bq = 150.0 pCi = 1,000 dpm average over
100 cm2 100 cm2 100 cm2 any one surface
832.5 Bq = 2,250.0 pCi = 5,000 dpm maximum
100 cm2 100 cm2 100 cm2
2.5 μSv = (0.25 mrem) = maximum at 1 cm from surface
hr hr
(2) Beta-gamma emitters
(i) Removable: 3.7 Bq = 100.0 pCi = average over any one surface
100 cm2 100 cm2
18.5 Bq = 500.0 pCi = maximum
100 cm2 100 cm2
(ii) Total (fixed) 2.5 μSv = (0.25 mrem) = maximum at 1 cm from surface
hr hr
(b) Concentration in air and water: Appendix B to part 20, Table 2 of section 33.1-10-04.2-01.
(c) Concentrations in soil and other materials except water:
(1) Radium in soil: Concentration of radionuclides above background concentrations for total
radium, averaged over areas of one hundred square meters, shall not exceed:
(i) Five (5.0) picocurries per gram of soil, averaged over layers of fifteen centimeters
thickness more than fifteen centimeters below the surface.
(ii) Five (5.0) picocurries per gram of dry soil, averaged over layers of fifteen centimeters
thickness more than fifteen centimeters below the surface.
(2) Radium in other materials: Concentration of radionuclides above background concentrations
for total radium shall not exceed five (5.0) picocuries per gram.
(d) The level of gamma radiation measured at a distance of hundred centimeters from the surface
shall not exceed background.
