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 All of the rules proposed for repeal are being repealed due to rule requirement redundancy.