# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-14.1 — Licenses and Radiation Safety Requirements for Irradiators

### § 33.1-10-14.1-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 36.
10 Code of Federal Regulations 36.1, 36.2, 36.11, 36.13, 36.15, 36.17, 36.19, 36.21, 36.23, 36.25,
36.27, 36.29, 36.31, 36.33, 36.35, 36.37, 36.39, 36.41, 36.51, 36.53, 36.55, 36.57, 36.59, 36.61, 36.63,
36.65, 36.67, 36.69, 36.81, and 36.83 are adopted by reference as they exist on June 16, 2020, with
the following exceptions:
1. Not adopted by reference is paragraph (2) of the definition of "commencement of
construction", and paragraph (9)(ii) of the definition "construction".
2. Requirements in 10 Code of Federal Regulations part 36 that apply to "byproduct material"
also apply to naturally occurring or accelerator-produced radioactive material.
3. Where the words "NRC", "commission", or "NRC regional office" appear in 10 Code of Federal
Regulations part 36, substitute the words "department of environmental quality".
4. "Act" includes North Dakota Century Code chapters 23.1-02 and 23.1-03.
5. 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 36.
6. For references to 10 Code of Federal Regulations parts 170 and 171, see chapter 33.1-10-11
for applicable fee schedules.
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; S.L. 2017, ch. 199, § 18
