Section 33.1-10-23-04 - Exemptions1. Persons who receive, possess, use, process, transfer, distribute, or dispose of TENORM are exempt from the requirements of this chapter with respect to any combination of radium-226 and radium-228 if the materials contain, or are contaminated at, concentrations less than one hundred eighty five becquerel per kilogram [five picocuries per gram (5.0 pCi/g)] excluding natural background radiation. The progeny of the exempt TENORM radium-226 and radium-228 are also exempt.2. Persons who receive products or materials containing TENORM distributed in accordance with a specific license issued by the department pursuant to subsection 1 of section 33.1-10-23-11, or to an equivalent license issued by another licensing state, are exempt from this chapter with regard to those products or materials.3. Persons who receive, possess, use, process, transfer, and distribute, including preparation of custom blends for distribution, phosphate or potash ore-based fertilizers containing TENORM are exempt from this chapter.4. Persons who receive, possess, use, process, transfer, dispose into a permitted landfill, and distribute, including preparation of custom blends for distribution, zirconia, zircon, and products of zirconia and zircon containing TENORM are exempt from this chapter. A facility that manufactures zirconia or zircon from ore is not exempt from this chapter. A facility that chemically processes zirconia or zircon resulting in increased environmental mobility of TENORM is not exempt from this chapter.5. Persons who possess TENORM waste regulated by the Comprehensive Environmental Response, Compensation and Liability Act, as amended [ 42 U.S.C. 9601 et seq.] or by the Resource Conservation and Recovery Act, as amended [ 42 U.S.C. 6901 et seq.] or equivalent state authority are exempt from this chapter for the TENORM waste regulated by either of these federal acts.6. Other persons who possess or use TENORM shall be exempt when the department makes a determination, upon its own initiative or upon request for such determination, that the reasonably maximally exposed individual will not receive a public dose with a TEDE of more than one millisievert [one hundred millirem] in one year from all licensed or registered sources of radiation including TENORM.7. Persons who possess TENORM in the form of coal combustion residuals (i.e., fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste) from energy conversion facilities are exempt from this chapter.N.D. Admin Code 33.1-10-23-04
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.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