Radioactive Material Licensing & Inspection Program

Radioactive materials (including by-product, source, and special nuclear material in quantities not sufficient to form critical mass and Naturally Occurring and Accelerator Produced Radioactive Materials) are regulated by the North Dakota Department of Health (NDDH).

Questions may be addressed to the North Dakota Department of Health at 701.328.5188, or ram@nd.gov.


About the Radioactive Materials Program

Radioactive material (including by-product, source, and special nuclear material in quantities not sufficient to form critical mass and Naturally Occurring and Accelerator Produced Radioactive Materials) is regulated by the North Dakota Department of Health (NDDH). Depending on the radionuclide, quantity, and the form, a license is required in order to manufacture, produce, transfer, receive, acquire, own, possess, store, or use radioactive materials. The US Nuclear Regulatory Commission (NRC) is authorized under Section 274 of the Atomic Energy Act of 1954 (AEA), as amended, to enter into agreements with the Governor of any State providing for the discontinuance of the regulatory authority of the NRC within that State. Under this agreement, the State assumes regulatory authority for the use of by-product, source, and special nuclear material in quantities not sufficient to form critical mass. The State of North Dakota entered into such an agreement with the NRC on September 1, 1969.

Radioactive Materials staff are involved in a variety of radiation protection activities, including:

  • Licensing of approximately 160 facilities to possess and use by-product, source, special nuclear material (in quantities not sufficient to form critical mass), accelerator produced material, and Technically Enhanced Naturally Occurring Radioactive Material (TENORM).
  • Processing approximately 40 amendments to state licenses annually.
  • Performing approximately 60 inspections of North Dakota licensed radioactive material users annually.
  • Performing approximately 3 investigations of radiation incidents annually.
  • Provide assistance and consultations to companies that produce Technically Enhanced Naturally Occurring Radioactive Material (TENORM) waste.
  • Assisting in the Department's emergency response efforts involving radioactive material.

Article 10—Radioactive Material Licensing & Inspection Rules

For ease in finding the incorporated rules, we have included links to 33-10 that have NRC rules incorporated. See links under the Full Incorporated Rules column.

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Chapter 

Title 

Full Version
(Printable) 

33-10 Rules of General Application to Domestic Licensing of Byproduct Material 33-10
33-10-01 General Provisions 33-10-01
33-10-03.1 Rules of General Application to Domestic Licensing of Byproduct Material 33-10-03.1
33-10-04.2 Standards for Protection Against Radiation 33-10-04.2
33-10-05.1 Radiation Safety Requirements for Industrial Radiographic Operations 33-10-05.1
33-10-07.2 Medical Use of Byproduct Material 33-10-07.2
33-10-09 Radiation Safety Requirements for Industrial Radiographic Operations 33-10-09
33-10-10.1 Notices, Instructions, and Reports to Workers - Inspections 33-10-10.1
33-10-11 Fees for Issuance of License and Registration Certificates and Inspections 33-10-11
33-10-12.1 Licenses and Radiation Safety Requirements for Well Logging 33-10-12.1
33-10-13.1 Packaging and Transportation of Radioactive Material 33-10-13.1
33-10-14.1 Licenses and Radiation Safety Requirements for Irradiators 33-10-14.1
33-10-16 Domestic Licensing of Source Material 33-10-16
33-10-17 Domestic Licensing of Special Nuclear Material 33-10-17
33-10-18 General Domestic Licenses for Byproduct Material 33-10-18
33-10-19 Reciprocal Recognition of Licenses 33-10-19
33-10-20 Specific Domestic Licenses to Manufacture or Transfer Certain Items Containing Byproduct Material 33-10-20
33-10-21 Specific Domestic Licenses of Broad Scope for Byproduct Material 33-10-21
33-10-22 Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material 33-10-22
33-10-23 Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material 33-10-23

Forms

Form Name

SFN

Notice to Employees-Standards for Radiation Protection (RCP-1) 8414
Current Occupational Radiation Exposure (RCP-2) 8416
Occupational Radiation Exposure History (RCP-3) 19443
Application for Radioactive Material License (RCP-10) 8418
Application for TENORM Transporter Radioactive Material License (RCP-11) 60265
Radioactive Material Reciprocity Request (RCP-12) 58230
Certificate: Disposition of Radioactive Material (RCP-13) 18941
DOT Exemption Requests for Low Levels of External Radiation (RCP-14): DOT-SP 10656-Shippers & Carriers of Scrap Metal-Special Permit N/A
DOT Exemption Requests for Low Levels of External Radiation (RCP-14): DOT-SP 10656-Shippers & Carriers of Scrap Metal Shipment-Approval Form N/A
DOT Exemption Requests for Low Levels of External Radiation (RCP-14): DOT-SP 11406-Shippers & Carriers of Liquid & Solid Waste-Special Permit N/A
DOT Exemption Requests for Low Levels of External Radiation (RCP-14): DOT-SP 11406-Shippers & Carriers of Liquid & Solid Waste-Shipment Approval Form N/A
Radiation Safety Documents for Radioactive Materials (RCP-15) N/A
Radiological Emergency Assistance (RCP-16) N/A
Facility Close-Out Form/Property Release and/or License Termination Checklist (RCP-17) 58229
Certificate: In-Vitro Testing with Radioactive Material Under General License (RCP-18) 8423
Registration Certificate: Use of Depleted Uranium Under General License (RCP-19) 16092
Radiological Emergency Response Volunteer (RCP-20) 58237
Guidance for the NRC 313A Forms N/A
Radiation Safety Officer (NRC 313A RSO) N/A
Authorized Medical Physicist (NRC 313A AMP) N/A
Authorized Nuclear Pharmacist (NRC 313A ANP) N/A
Authorized User Training & Experience & Preceptor Attestation - [Imaging and localization studies, Uptake dilution, and excretion studies, and Sealed sources of diagnosis uses.] (NRC 313A AUD) N/A
Authorized User Training & Experience & Preceptor Attestation - [Use of unsealed byproduct material for which a directive is required. Oral administration of sodium iodide I-131 requiring a written directive in quantities less than or equal to 1.22 gigabecquerels (33 millicuries). Oral administration of sodium iodide I-131 requiring a written directive in quantities greater than 1.22 gigabecquerels (33 millicuries). Parenteral administration of any beta-emitter, or photon-emitting radionuclide with a photon energy less than 150 keV for which a written directive is required. Parenteral administration of any other radionuclide for which a written directive is required uses.] (NRC 313A AUT) N/A
Authorized User Training & Experience & Preceptor Attestation - [Manual brachytherapy sources, Ophthalmic use of strontium-90, Remote afterloader unit(s), Teletherapy unit(s), and Gamma stereotactic radiosurgery unit(s) uses.] (NRC 313A AUS) N/A

Licensing of Radioactive Materials

Radioactive Materials staff are involved in a variety of radiation protection activities, including:

  • Chapter 33-10-03.1 of the North Dakota Radiological Health Rules pertains to licensing of radioactive material.
  • No person may manufacture, purchase, transfer, receive, acquire, own, possess, store or use radioactive material without first being licensed by the Department.
  • A licensee may renew the license by submitting a completed Radioactive Materials License Application.
  • Licensing Guides for each type of materials license are available through our office and from this Guide Page.
  • Reciprocity (recognition of license from other jurisdictions) may be granted for up to 180 days in any 12 consecutive months to out of state licensees provided they fully comply with the requirements of Chapter 33-10-19 of the North Dakota Radiological Health Rules.
  • Assisting in the Department's emergency response efforts involving radioactive material.

Reciprocity

Reciprocity (recognition of license from other jurisdictions) approvals granted to out of state licensees are valid for one year; which then allows the authorized company to use radioactive material in N.D. for up to 180 days in that year, provided they fully comply with the requirements of 33-10-19 of the North Dakota Radiological Health Rules. Please note: Reciprocity expiration notices are not sent out - responsibility for reciprocity renewal remains with the licensee.

Subject to this article, any person who holds a specific license from the U.S. NRC or an agreement state may be granted permission to conduct its activities (as authorized in the license) within North Dakota. To apply for Reciprocity contact our office at 701.328.5188.

Please note: Reciprocity expiration notices are not sent out - responsibility for reciprocity renewal remains with the licensee.

Use Form RCP-12, "Request for Radioactive Material Reciprocity", submit the information below:

  • Complete and submit to the Department Form RCP-12—Request for Radioactive Material Reciprocity
  • Send written notification to the Department at least three working days prior to entering North Dakota with:
    • Location and duration of proposed work.
    • Type and quantity of material used.
    • Name(s) and qualification(s) of individual users.
    • Type of proposed possession and use within the state.
  • Current copy of the pertinent licensing document from the NRC or Agreement State.
  • Current copy of licensee's Operating & Procedures Manual.
  • Training of individual user(s) if not specifically listed on the NRC or Agreement State License.
  • Obtain a "Certificate of Authority" from the North Dakota Secretary of State to operate in North Dakota. (To see if your company is registered search here )
  • Types of Licensees in North Dakota

    Medical (ME)
    Unsealed radiopharmaceuticals or the radiation from sealed sources administered to patients for diagnostic or therapeutic purposes. Most hospitals and some major clinics have nuclear medicine departments. Some clinics and certain private physicians may also be licensed to use radioactive materials for only diagnostic procedures.

    Mobile Nuclear Van (MN)
    Unsealed radiopharmaceuticals or the radiation from sealed sources administered to patients for diagnostic purposes from a mobile unit instead of a fixed facility. This type of license is similar to Medical license but is smaller in scope, while performing at various temporary locations.

    Level Gauges (LG)
    Small sealed radioactive sources used in permanently mounted test equipment to measure the density of material within a pipe or the level of material in a vessel. These are used in power plants and other industrial applications.

    Industrial Radiography (IR)
    Radiation from sealed radioactive sources is used at various locations to create images of the insides of objects, for example, to inspect metal castings or welds for internal flaws.

    Well Logging (WL)
    Radioactive sources used in underground well logging applications at various locations. Types of well logging include: Gamma Ray, Spectral Gamma Ray, Radioactive Tracer, Density Logs, Neutron Logs, Pulsed Decay Time and Induced Spectrometry. The information produced during logging can be used to determine stratigraphic profiles, and also the porosity/density of the formation.

    Moisture/Density Gauges (MD)
    Small sealed radioactive sources are used in portable test equipment to measure moisture and/or density of construction materials, road beds, roofing, or agricultural land. The gauges are susceptible to theft and damage by road construction equipment. These are used by government and industry at various construction sites.

    Portable Guages (PG)
    Small sealed radioactive sources are used in portable test equipment to measure lead content, density of materials and thickness of pipe wall. The gauges are also susceptible to theft and damage by heavy equipment.

    Irradiators (ID)
    The use of gamma radiation from sealed sources to irradiate materials such as blood and blood products to prevent engraftment and proliferation of lymphocytes capable of mounting an immune response against the recipient. Irradiators may also be used to calibrate dosimeters. These devices are used at blood banks, calibration facilities and universities.

    Laboratory Use (LU)
    Unsealed radioactive materials may be used to study living systems and to improve or test products or materials. Users may include biotechnology firms, colleges and universities, and testing labs.

    Testing & Calibration (TC)
    Sealed radioactive sources with known amounts of activity used as standards for the testing and calibration of radiation detection equipment.

    Research & Development (DD)
    Sealed and/or unsealed radioactive sources used to study living systems and to improve or test products, materials or processes for the purpose of education, research and/or development.

    Information & Publications


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    Last Updated: 12/30/2017