Definitions

As used in this article, these terms have the definitions set forth below. Additional definitions used only in a certain section will be found in that section. Terms not defined in this article shall have the meaning given them in North Dakota Century Code chapter 23.1-03. 1. "Absorbed dose" means the energy imparted by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the gray (Gy) and the rad. 2. "Activity" means the rate of disintegration or transformation or decay of radioactive material. The units of activity are the becquerel (Bq) and the curie (Ci). 3. "Becquerel" (Bq) means the SI unit of activity. One becquerel is equal to one disintegration or transformation per second (dps or tps). 4. "Byproduct material" means: a. Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; and b. The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute "byproduct material" within this definition. 5. "Calibration" means the determination of: a. The response or reading of an instrument relative to a series of known radiation values over the range of the instrument; or b. The strength of a source of radiation relative to a standard. 6. "CFR" means Code of Federal Regulations. 7. "Chelating agent" means amine polycarboxylic acids (e.g., EDTA, DTPA), hydroxycarboxylic acids, and polycarboxylic acids (e.g., citric acid, carbolic acid, and gluconic acid). 8. "Curie" means a unit of measurement of activity. One curie (Ci) is that quantity of radioactive material which decays at the rate of 3.7 x 1010 disintegrations or transformations per second (dps or tps). 9. "Department" means the department of environmental quality. 10. "Dose" is a generic term that means absorbed dose, dose equivalent, effective dose equivalent, committed dose equivalent, committed effective dose equivalent, total organ dose equivalent, or total effective dose equivalent. For purposes of these rules, "radiation dose" is an equivalent term. 11. "Dose equivalent (HT)" means the product of the absorbed dose in tissue, quality factor, and all other necessary modifying factors at the location of interest. The units of dose equivalent are the sievert (Sv) and rem. 12. "Dose limits" means the permissible upper bounds of radiation doses established in accordance with these rules. For purposes of these rules, "limits" is an equivalent term. 13. "Exposure" means being exposed to ionizing radiation or to radioactive material. 14. "Gray" (Gy) means the SI unit of absorbed dose. One gray is equal to an absorbed dose of one joule per kilogram [100 rad]. 15. "Hazardous waste" means those wastes designated as hazardous by United States environmental protection agency regulations in 40 CFR part 261 and 33.1-24. 16. "Healing arts" means diagnostic or healing treatment of human and animal maladies including, but not limited to, the following which are duly licensed by the state of North Dakota for the lawful practice of: medicine and its associated specialties, dentistry, veterinary medicine, osteopathy, chiropractic, and podiatry. 17. "Human use" means the internal or external administration of radiation or radioactive material to human beings. 18. "Inspection" means an official examination or observation including tests, surveys, and monitoring to determine compliance with rules, regulations, orders, requirements, and conditions of the department. 19. "License" means a general or specific license issued by the department in accordance with the regulations adopted by the department. 20. "Licensee" means any person who is licensed by the department in accordance with this article and North Dakota Century Code chapter 23.1-03. 21. "Licensing state" means any state with regulations equivalent to the Suggested State Regulations for Control of Radiation relating to, and an effective program for, the regulatory control of NARM and which has been granted final designation by the conference of radiation control program directors, incorporated. 22. "Major processor" means a user processing, handling, or manufacturing radioactive material exceeding type A quantities as unsealed sources or material, or exceeding four times type B quantities as sealed sources, but does not include nuclear medicine programs, universities, industrial radiographers, or small industrial programs. The terms "type A quantity" and "type B quantity" are defined in chapter 33.1-10-13.1. 23. "Monitoring" means the measurement of radiation, radioactive material concentrations, surface area activities or quantities of radioactive material, and the use of the results of these measurements to evaluate potential exposures and doses. For purposes of these rules, "radiation monitoring" and "radiation protection monitoring" are equivalent terms. 24. "Natural radioactivity" means radioactivity of naturally occurring nuclides. 25. "Nuclear regulatory commission (NRC)" means the United States nuclear regulatory commission or its duly authorized representatives. 26. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the commission, or any successor thereto and other than federal government agencies licensed by the commission or any successor thereto. 27. "Protective apron" means an apron made of radiation-attenuating materials used to reduce exposure to radiation. 28. "Quality factor" (Q) means the modifying factor, listed in tables I and II of section 33.1-10-01-14, that is used to derive dose equivalent from absorbed dose. 29. "Rad" means the special unit of absorbed dose. One rad is equal to an absorbed dose of one hundred erg per gram or one one-hundredths joule per kilogram [0.01 gray]. 30. "Radiation" means alpha particles, beta particles, gamma rays, x-rays, neutrons, high-speed electrons, high-speed protons, and other particles capable of producing ions. For purposes of these rules, ionizing radiation is an equivalent term. Radiation, as used in these rules, does not include nonionizing radiation, such as radiowaves or microwaves, visible, infrared, or ultraviolet light. 31. "Radiation exposure" means the quotient of dQ by dm where "dQ" is the absolute value of the total charge of the ions of one sign produced in air when all the electrons (negatrons and positrons) liberated by photons in a volume element of air having mass "dm" are completely stopped in air. The SI unit of exposure is the coulomb per kilogram (C/kg). (See section 33.1-10-01-14 units of radiation exposure, dose, and activity for the special unit equivalent "roentgen" (R).) 32. "Radiation exposure rate" means the radiation exposure per unit of time, such as R/min, mR/h, etc. 33. "Radiation machine" means any device capable of producing radiation except, those devices with radioactive material as the only source of radiation. 34. "Radiation safety officer" means an individual who has the knowledge and responsibility to apply appropriate radiation protection requirements. 35. "Radioactive material" means any material (solid, liquid, or gas) which emits radiation spontaneously. 36. "Radioactivity" means the disintegration of unstable atomic nuclei by the emission of radiation. 37. "Registrant" means any person who is registered with the department and is legally obligated to register with the department pursuant to this article and North Dakota Century Code chapter 23.1-03. 38. "Registration" means the notification of the department of possession of a source of radiation and the furnishing of information with respect thereto, in accordance with North Dakota Century Code chapter 23.1-02. 39. "Regulations of the United States department of transportation" means the regulations in 49 CFR part 100-189. 40. "Rem" means the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rem is equal to the absorbed dose in rad multiplied by the quality factor (1 rem = 0.01 sievert (Sv)). 41. "Roentgen" (R) means the special unit of exposure. One roentgen equals two hundred fifty-eight millionths of a coulomb per kilogram of air. (See "exposure") 42. "Sealed source" means radioactive material that is permanently bonded or fixed in a capsule or matrix designed to prevent release and dispersal of the radioactive material under the most severe conditions which are likely to be encountered in normal use and handling. 43. "SI" means the abbreviation for the international system of units. 44. "Sievert" means the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent in sievert is equal to the absorbed dose in gray multiplied by the quality factor (1 Sv = 100 rems). 45. "Source material" means: a. Uranium or thorium, or any combination thereof, in any physical or chemical form; or b. Ores that contain by weight one-twentieth of one percent (0.05 percent) or more of uranium, thorium, or any combination of uranium and thorium. Source material does not include special nuclear material. 46. "Source material milling" means any activity that results in the production of byproduct material as defined in subdivision b of subsection 4. 47. "Source of radiation" means any radioactive material, or any device or equipment emitting or capable of producing radiation. 48. "Special nuclear material" means: a. Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States nuclear regulatory commission, pursuant to the provisions of section 51 of the Atomic Energy Act of 1954, as amended, determined to be special nuclear material, but does not include source material; or b. Any material artificially enriched by any of the foregoing but does not include source material. 49. "Test" means a method for determining the characteristics or condition of sources of radiation or components thereof. "Test" may also mean the process of verifying compliance with this article. 50. "These rules" means all parts of this article and any subsequent changes or additions thereto. 51. "Uranium fuel cycle" means the operations of milling of uranium ore, chemical conversion of uranium, isotopic enrichment of uranium, fabrication of uranium fuel, generation of electricity by a light water cooled nuclear power plant using uranium fuel, and reprocessing of spent uranium fuel to the extent that these activities directly support the production of electrical power for public use. Uranium fuel cycle does not include mining operations, operations at waste disposal sites, transportation of radioactive material in support of these operations, and the reuse of recovered nonuranium special nuclear and byproduct materials from the cycle. 52. "Waste handling licensees" means persons licensed to receive and store radioactive wastes prior to disposal or persons licensed to dispose of radioactive waste or both. 53. "Worker" means an individual engaged in work under a license or registration issued by the department and controlled by a licensee or registrant.