# Title 33.1 — Department of Environmental Quality

## Article 33.1-10 — Radiological Health Rules

## Chapter 33.1-10-19 — Reciprocal Recognition of Licenses

Part 150
### § 33.1-10-19-01. Adoption by reference of several sections in 10 Code of Federal Regulations

part 150.
10 Code of Federal Regulations 150.1, 150.2, 150.3, 150.11, 150.20, 150.31, and 150.32 are
adopted by reference as they exist on December 30, 2019, with the following exceptions:
1. Not adopted by reference is 10 Code of Federal Regulations 150.3 foreign obligations.
2. Requirements in 10 Code of Federal Regulations part 150 that apply to "byproduct material"
also apply to naturally occurring or accelerator-produced radioactive material.
3. Where the words "NRC", "commission", "nuclear regulatory commission", "regional
administrator", "United States nuclear regulatory commission", "region", or "regional
administrator of the United States nuclear regulatory commission regional office" appear in
10 Code of Federal Regulations part 150, substitute the words "department of environmental
quality" except when used in section 150.5.
4. "Act" includes North Dakota Century Code chapters 23.1-02 and 23.1-03.
5. North Dakota state form number 58230, "radioactive material reciprocity request", must be
used instead of nuclear regulatory commission form 241 as specified in 10 Code of Federal
Regulations part 150.
6. Where the words "non-agreement states", "areas of exclusive federal jurisdiction within
agreement states", or "offshore waters" are used in 10 Code of Federal Regulations 150.20(a)
(1)(i), (ii) and (iii) and 150.20(b), (b)(3), and (b)(4) substitute the words "state of North Dakota".
7. Where the words "agreement states license" are used in 10 Code of Federal Regulations
150.20, also add the words "nuclear regulatory commission license". Where the words
"license issued by an agreement state" are used in 10 Code of Federal Regulations 150.20
also add the words "license issued by the nuclear regulatory commission". Where the words
"license from an agreement state" are used in 10 Code of Federal Regulations 150.20 also
add the words "license from the nuclear regulatory commission".
8. The words "for the first time in a calendar year" are stricken from 10 Code of Federal
Regulations 150.20(b)(1).
9. Where the words "in any calendar year, except that the general license in paragraph (a) of this
section concerning activities in offshore water authorizes that person to possess or use
radioactive materials, or engage in the activities authorized, for an unlimited period of time"
are used in 10 Code of Federal Regulations 150.20(b)(4), substitutes the words "in a 365-day
period".
10. 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.
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
