# 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 Items Containing Byproduct Material

### § 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.
History: Effective January 1, 2019; amended effective July 1, 2021; 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
