Radiation Protection Rules

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. As a result of the periodic review of the rules in Chapter 10A NCAC 15, Radiation Protection, these 64 proposed readoption rules were part of the 257 rules from the N.C. Radiation Protection Commission determined as “Necessary With Substantive Public Interest,” requiring readoption. With input from working groups of the N.C. Radiation Protection Commission, substantive changes are proposed to two rules for readoption, 62 rules are proposed for readoption as a repeal, and in addition, one rule is proposed for amendment for the regulation of the use of radioactive material in the State.

Rules 10A NCAC 15 .0323 and 10A NCAC 15 .1203 are proposed for readoption with substantive changes to incorporate by reference the Code of Federal Regulations (CFR) for industrial radiography found in 10 CFR 34, and the licensing of low-level radioactive waste (LLRW) disposal facilities found in 10 CFR 61, respectively. Added to these rules is a description of the information required to be submitted on applications sent to the agency. Rule 10A NCAC 15 .1203 also contains additional licensing requirements for LLRW disposal facilities and LLRW disposal site access that G.S. 104E requires the N.C. Radiation Protection Commission to adopt.

Rule 10A NCAC 15 .1701 is proposed for amendment to bring that rule into compatibility with the federal regulations in 10 CFR 37. This amendment incorporates by reference two federal regulations the State has not been required to have in rule, and removes address information and license verification requirements from the rule that are now codified in 10 CFR 37. Technical changes were also made in the rule.

In addition, 62 rules are proposed for readoption as a repeal because these rules repeat the federal regulations and are no longer necessary.