# 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

### § 33.1-10-18-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 31.
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.
5. North Dakota state form number 8423, "certificate - in vitro testing with radioactive material
under general license", must be used instead of nuclear regulatory commission form 483 as
specified in 10 Code of Federal Regulations part 31.
6. References in 10 Code of Federal Regulations part 31 to specific licenses issued by an
agreement state also include specific licenses issued by the United States nuclear regulatory
commission.
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
