Radiation Protection Rules
The rules in 10A NCAC 15 regulate the use of radioactive materials and radiation machines in the State of North Carolina pursuant to G.S. 104E. Rules in Sections .0100, .1000, and .1600 of Chapter 15 apply to all persons who acquire, possess, receive, transfer of use any source of radiation in the state. Rules in Section .0300 of Chapter 15 regulate licensing of radioactive materials in the state.
Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years, or they shall expire. There are 25 Rules in this rulemaking action.
As a result of the periodic review of the rules in Chapter 10A NCAC 15, Radiation Protection, 21 of these rules were part of the 257 rules from the N.C. Radiation Protection Commission determined as “Necessary With Substantive Public Interest,” requiring readoption and one of these rules was determined as “Necessary Without Substantive Public Interest” requiring amendment. Three of these rules were previously readopted. With input from advisory committees, working groups of the N.C. Radiation Protection Commission and stake holders, substantive changes are proposed for 11 rules for readoption with substantive changes, two rules for readoption without substantive changes, three rules for amendment, one rule for repeal, and eight rules are proposed for repeal through readoption. Four of the rules proposed for readoption with substantive changes have been reorganized to incorporate by reference Title 10 of the federal Code of Federal Regulations (10 CFR) for Parts 34, 71 and 150, and Title 21 (21 CFR) for Subchapter J, including subsequent amendments and editions, instead of repeating the contents of those regulations.
The remaining rules that are being readopted reflect agency requirements, not federal requirements. These rules are necessary because they clarify agency expectations for registrants and licensees possessing and using sources of radiation within the State. Two of the rules being amended are being amended to correct references to definitions that apply to X-Ray registrants found in one rule that is being readopted with substantive changes during this rulemaking. All of the rules proposed for repeal are being repealed due to rule requirement redundancy.
- Notification of proposed readoption/amendment/repeal of rules
- Proposed Effective Date: May 1, 2025
- Public Comment Period: September 3, 2024 – November 4, 2024
Comments may be submitted by: - Email: [email protected]
- Mail: Shanah Black, Division of Health Service Regulation, 809 Ruggles Drive, Raleigh, NC 27699-2701
- Public Hearing:
- Date: October 23, 2024
- Time: 10:00 a.m.
- Location: Dorothea Dix Park, Edgerton Building, Room 026, 809 Ruggles Drive, Raleigh, NC 27603
- The fiscal note was approved by:
- OSBM on June 26, 2024
- N.C. Radiation Protection Commission on July 26, 2024
- Rule Fiscal Note
- Federal Certification required by GS 150B-19.1(g)
- Federal Certification
- 10 CFR 34
- 10 CFR 71
- 10 CFR 150
- 21 CFR 1000
- 21 CFR 1002
- 21 CFR 1003
- 21 CFR 1010
- 21 CFR 1020
- The notice of text as approved by the N.C. Radiation Protection Commission on July 26, 2024:
- 10A NCAC 15 .0101
- 10A NCAC 15 .0102
- 10A NCAC 15. 0103
- 10A NCAC 15 .0104
- 10A NCAC 15 .0105
- 10A NCAC 15 .0106
- 10A NCAC 15 .0107
- 10 NCAC 15 .0108
- 10A NCAC 15 .0109
- 10A NCAC 15 .0110
- 10A NCAC 15 .0112
- 10A NCAC 15 .0114 - .0116
- 10A NCAC 15 .0117
- 10A NCAC 15 .0118
- 10A NCAC 15 .0306
- 10A NCAC 15 .0311
- 10A NCAC 15 .0313
- 10A NCAC 15 .0316
- 10A NCAC 15 .0323
- 10A NCAC 15 .0345 - .0346
- 10A NCAC 15 .1001
- 10A NCAC 15 .1601
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1) . The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.
- The effective date of these rules is May 1, 2025.