[Rev. 2/15/2010 10:44:36 AM]
CHAPTER 459 - HAZARDOUS MATERIALS
GENERAL PROVISIONS
459.010 Definitions.
459.012 “Absorbed dose” defined.
459.014 “Accelerator produced material” defined.
459.0145 “Activity” defined.
459.0147 “Address of use” defined.
459.015 “Adult” defined.
459.016 “Agreement state” defined.
459.018 “Airborne radioactive material” defined.
459.0185 “Annual limit on intake” defined.
459.019 “Appendix A” defined.
459.0192 “Appendix B” defined.
459.0194 “Appendix C” defined.
459.0196 “Appendix G” defined.
459.020 “Area of airborne radioactivity” defined.
459.0203 “Area of use” defined.
459.0205 “As low as is reasonably achievable” defined.
459.02055 “Assigned protection factor” defined.
459.02065 “Atmosphere-supplying respirator” defined.
459.0207 “Authorized nuclear pharmacist” defined.
459.0208 “Authorized user” defined.
459.021 “Background radiation” defined.
459.0212 “Becquerel” defined.
459.0214 “Bioassay” defined.
459.0216 “Boundary of a site” defined.
459.0218 “Brachytherapy source” defined.
459.022 “By-product material” defined.
459.024 “Calendar quarter” defined.
459.0241 “Category 1 irradiator” defined.
459.0243 “Chemical description” defined.
459.0245 “Class” defined.
459.025 “Collective dose” defined.
459.0252 “Collimator” defined.
459.0254 “Committed dose equivalent” defined.
459.0256 “Committed effective dose equivalent” defined.
459.0258 “Consignee” defined.
459.0259 “Constraint” defined.
459.026 “Curie” defined.
459.027 “Decommission” defined.
459.0275 “Deep-dose equivalent” defined.
459.0278 “Demand respirator” defined.
459.028 “Department of Energy” defined.
459.029 “Derived air concentration” defined.
459.0292 “Derived air concentration-hour” defined.
459.0296 “Disposal container” defined.
459.030 “Division” defined.
459.032 “Dose” defined.
459.034 “Dose equivalent” defined.
459.0345 “Dosimetry processor” defined.
459.035 “Effective dose equivalent” defined.
459.0352 “Electron source” defined.
459.0354 “Embryo” defined.
459.0356 “Entrance” defined.
459.036 “Exposure” defined.
459.038 “Exposure rate” defined.
459.0382 “External dose” defined.
459.0384 “Extremity” defined.
459.0387 “Fit factor” defined.
459.0388 “Fit test” defined.
459.039 “Form regarding history of cumulative occupational exposure” defined.
459.0395 “Generator” defined.
459.0397 “Gray” defined.
459.040 “Healing arts” defined.
459.042 “High radiation area” defined.
459.044 “Human use” defined.
459.0445 “Industrial radiography” defined.
459.046 “Inspection” defined.
459.047 “Internal dose” defined.
459.0475 “Land disposal facility” defined.
459.0477 “Lens dose equivalent” defined.
459.048 “License” defined.
459.049 “Licensed radioactive material” defined.
459.050 “Licensee” defined.
459.0504 “Limit” defined.
459.0506 “Lost or missing sources of radiation” defined.
459.0508 “Medical use of radioactive material” and “medical use” defined.
459.051 “Member of the public” defined.
459.0512 “Minor” defined.
459.0516 “Monitoring” defined.
459.052 “Natural radioactivity” defined.
459.0525 “Naturally occurring or accelerator-produced radioactive material” defined.
459.0527 “Negative pressure respirator” defined.
459.053 “Nonstochastic effect” defined.
459.054 “Occupational dose” defined.
459.055 “Occupational exposure” defined.
459.0555 “Package” defined.
459.056 “Particle accelerator” defined.
459.058 “Person” defined.
459.059 “Personnel monitoring” defined.
459.060 “Personnel monitoring equipment” defined.
459.062 “Pharmacist” defined.
459.063 “Physical description” defined.
459.064 “Physician” defined.
459.0645 “Planned special exposure” defined.
459.0646 “Positive pressure respirator” defined.
459.06485 “Pressure demand respirator” defined.
459.06495 “Principal activities” defined.
459.065 “Public dose” defined.
459.0653 “Qualitative fit test” defined.
459.0655 “Quality factor” defined.
459.0657 “Quantitative fit test” defined.
459.066 “Rad” defined.
459.068 “Radiation” defined.
459.070 “Radiation area” defined.
459.072 “Radiation machine” defined.
459.074 “Radiation safety officer” defined.
459.075 “Radiation symbol” defined.
459.076 “Radioactive material” defined.
459.078 “Radioactivity” defined.
459.0785 “Record of occupational exposure for a monitoring period” defined.
459.079 “Reference man” defined.
459.080 “Registrant” defined.
459.082 “Registration” defined.
459.084 “Regulations of the Department of Transportation” defined.
459.085 “Released for unrestricted use” defined.
459.086 “Rem” defined.
459.088 “Research and development” defined.
459.0885 “Residual waste” defined.
459.089 “Respiratory protective device” defined.
459.090 “Restricted area” defined.
459.092 “Roentgen” defined.
459.093 “Sanitary sewerage” defined.
459.094 “Sealed source” defined.
459.0945 “Self-contained breathing apparatus” defined.
459.095 “Shallow-dose equivalent” defined.
459.0955 “Shipper” defined.
459.0957 “Shipping papers” defined.
459.0959 “Sievert” defined.
459.096 “Source material” defined.
459.098 “Source of radiation” defined.
459.102 “Special nuclear material in quantities not sufficient to form a critical mass” defined.
459.103 “Stochastic effect” defined.
459.1035 “Supplied-air respirator” defined.
459.104 “Survey” defined.
459.106 “Termination” defined.
459.108 “Test” defined.
459.109 “Threshold” defined.
459.1092 “Tight-fitting facepiece” defined.
459.1095 “Total effective dose equivalent” defined.
459.111 “Total organ dose equivalent” defined.
459.1115 “Uniform manifest” defined.
459.112 “Unrefined and unprocessed ore” defined.
459.114 “Unrestricted area” defined.
459.1142 “User-performed seal check” defined.
459.1145 “Very high radiation area” defined.
459.1146 “Waste collector” defined.
459.1147 “Waste generator” defined.
459.1148 “Waste processor” defined.
459.1149 “Waste type” defined.
459.115 “Weighting factor” defined.
459.1152 “Whole body” defined.
459.1156 “Woman who has declared her pregnancy” defined.
459.116 “Worker” defined.
RADIATION CONTROL
General Provisions
459.118 Applicability.
459.120 Exemptions.
459.122 Prohibited equipment.
459.124 Records.
459.126 Inspections.
459.128 Tests.
459.134 Communications with Division.
459.135 Deliberate misconduct; enforcement action.
459.136 Procedure for review of actions taken by Division; appeals.
459.138 Change of method for determining calendar quarters.
459.140 Variances.
459.141 Termination of declaration of woman who has declared her pregnancy.
459.142 Severability.
Registration of Radiation Machines
459.150 Scope of provisions; registration required.
459.152 Exemptions from requirements.
459.154 Applications for registration; temporary use of portable machine.
459.156 Registration certificate: Issuance; incorporation of additional requirements and conditions.
459.158 Registration certificate: Expiration.
459.160 Registration certificate: Renewal.
459.161 Fees; failure to submit fee.
459.162 Report of changes.
459.164 Advertisement.
459.166 Transfer, loan, disposal, assembly or installation of machine, supplies or equipment.
Licensing of Radioactive Material
459.180 Applicable provisions.
459.182 Exemptions for source materials.
459.184 Exemption for certain concentrations and quantities of radioactive material other than source material.
459.186 Table of exempt concentrations.
459.188 Table of exempt quantities.
459.190 Miscellaneous exemptions: Certain timepieces, lock illuminators, precision balances, automobile shift quadrants, marine navigational instruments, thermostats, electron tubes and ionizing radiation measuring instruments.
459.192 Miscellaneous exemptions: Certain self-luminous products, articles containing radium 226, gas and aerosol detectors, capsules containing carbon 14 urea and synthetic plastic resins containing scandium 46.
459.194 Types of licenses.
459.195 Application for license: Evaluation or emergency plan required for certain quantities of radioisotopes.
459.1951 Application for license: Quantities of radioisotopes for which evaluation or emergency plan is required.
459.1955 Preparation for decommissioning: Plan for financing; financial assurance; records.
459.196 Issuance of specific licenses.
459.198 Terms and conditions of licenses.
459.200 Expiration and termination of specific licenses; notification of Division before certain events; decommissioning.
459.202 Renewal of specific licenses.
459.203 Payment of fees for specific licenses.
459.204 Amendment of license.
459.206 Action on applications to renew or amend licenses.
459.208 Modification, suspension, revocation and termination of licenses.
459.210 Reciprocal recognition of licenses.
459.212 General licenses: Source material.
459.214 General licenses: Certain devices designed for use as static eliminators or for ionization of air.
459.216 General licenses: Certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere.
459.218 Duties and restrictions regarding certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere.
459.2185 Requirements for transfer of certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere to intended users or intermediate transferees.
459.219 Requirements for separate locations of use of certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere.
459.220 General licenses: Luminous safety devices for aircraft.
459.222 General licenses: Ownership of radioactive material.
459.224 General licenses: Calibration and reference sources.
459.228 General licenses: Prepackaged units of radioactive material for in vitro testing.
459.230 Duties and restrictions regarding prepackaged units of radioactive material for in vitro testing.
459.232 General licenses: Ice detection devices.
459.234 General licenses: Intrastate transportation of radioactive material.
459.236 Specific licenses: Application.
459.238 Specific licenses: General requirements; reasons for denial.
459.240 Specific licenses: Institutional use of radioactive material on human beings.
459.242 Specific licenses: Physicians using radioactive material for humans.
459.2434 Specific licenses: Application, amendment or renewal of license for medical use of radioactive material.
459.2565 Specific licenses: Use of sealed sources for diagnosis.
459.261 Specific licenses: Use of sealed sources in well logging.
459.262 Broad licenses: General requirements.
459.264 Broad licenses: Types of licenses.
459.266 Broad licenses: Table of limits.
459.268 Broad licenses: Application for type A specific license of broad scope.
459.270 Broad licenses: Application for type B specific license of broad scope.
459.272 Broad licenses: Application for type C specific license of broad scope.
459.274 Broad licenses: Conditions of license.
459.276 Specific licenses: Introduction of exempt concentrations of radioactive material into certain products or materials.
459.278 Specific licenses: Distribution of radioactive material in exempt quantities.
459.280 Specific licenses: Incorporation of naturally occurring or accelerator-produced radioactive material into gas and aerosol detectors.
459.282 Specific licenses: Manufacture or distribution of devices.
459.286 Information required for manufacture and distribution of devices.
459.287 Manufacturer or distributor of devices: Provision of record of final disposition of bankruptcy proceeding.
459.288 Distribution of devices.
459.289 Report of transfer of device to or receipt of device from person who has general license issued by State.
459.2895 Report of transfer of device to or receipt of device from person who has general license issued by Nuclear Regulatory Commission or agreement state.
459.290 Specific licenses: Manufacture, assembly or repair of luminous safety devices for use in aircraft.
459.292 Specific licenses: Manufacture of calibration and reference sources.
459.296 Specific licenses: Manufacture or distribution of radioactive material for in vitro clinical or laboratory testing.
459.298 Specific licenses: Manufacture and distribution of ice detection devices.
459.300 Specific licenses: Manufacture, preparation or transfer for commercial distribution of radioactive drugs for medical use.
459.302 Specific licenses: Manufacture and distribution of generators or reagent kits for preparing radioactive drugs.
459.304 Manufacture and distribution of reagent kits not containing radioactive material.
459.306 Specific licenses: Manufacture and distribution of sources and devices for medical use.
459.3062 Adoption by reference and revision of certain provisions of federal regulations regarding medical use of radioactive material.
459.3064 Written attestations not required for authorized users who have license issued by Nuclear Regulatory Commission or agreement state.
459.3066 Satisfaction of training requirements for radiation safety officer, authorized medical physicist, authorized nuclear pharmacist or authorized user.
459.3068 Additional requirements for persons registered to use sealed source to engage in medical use.
459.307 Testing sealed sources for leakage.
459.3075 Sealed source or device containing sealed source intended for use under specific license: Request for evaluation and registration; manufacture and distribution.
459.310 Fees of Division.
459.312 Transfer of material.
459.313 Shipment of radioactive waste for ultimate disposal at licensed land disposal facility.
459.314 Transportation: Preparation of radioactive material.
Radiological Criteria for Termination of License
459.316 Definitions
459.3164 “Critical group” defined.
459.3166 “Distinguishable from background radiation” defined.
459.3168 “Residual radioactivity” defined.
459.317 Applicability.
459.3172 Explanation of total effective dose equivalent to average member of critical group used.
459.3174 Requirements for issuance of any license.
459.3176 Additional cleanup of decommissioned site.
459.3178 Property of decommissioned facility: Eligibility for release for unrestricted use.
459.318 Property of decommissioned facility: Eligibility for release for restricted use.
459.3182 Property of decommissioned facility: Alternate criteria for release for restricted or unrestricted use.
459.3184 Notice to public; public comment.
Standards for Protection Against Radiation
459.320 Purpose; applicability; reasonable effort required.
459.3205 Adoption by reference of certain provisions of federal regulations.
459.321 Development, implementation and review of program for protection against radiation; establishment of constraint on air emissions to environment of radioactive material.
459.323 Weighting factors.
459.3235 Quality factors for converting absorbed dose to dose equivalent.
459.325 Limits on occupational doses for adults.
459.3255 Compliance with requirements for summation of external and internal doses.
459.327 Determination of external dose from airborne radioactive material.
459.3275 Determination of compliance with limits for occupational doses.
459.329 Requirements for planned special exposures.
459.331 Annual limits for occupational doses for minors.
459.333 Dose equivalents to embryos.
459.335 Dose limits for individual members of public; application for authorization to increase annual dose limit; imposition of additional restrictions; standards for nuclear power operations.
459.3355 Compliance with dose limits for individual members of public.
459.336 Orders requiring bioassay services.
459.337 Surveys and monitoring.
459.339 Precautionary procedures: Conditions requiring individual monitoring of external and internal occupational doses.
459.341 Precautionary procedures: Control of access to high radiation areas.
459.343 Precautionary procedures: Control of access to very high radiation areas.
459.345 Precautionary procedures: Control of access to very high radiation area with sealed radioactive sources used to irradiate materials.
459.347 Precautionary procedures: Use of process or other engineering controls; alternative controls; consideration of other safety factors.
459.349 Precautionary procedures: Use of respiratory protective devices.
459.352 Precautionary procedures: Radiation machines.
459.3525 Precautionary procedures: Control of licensed radioactive material and radiation machines in unrestricted areas and not in storage.
459.353 Precautionary procedures: Security of stored material.
459.354 Precautionary procedures: Instruction of personnel.
459.355 Precautionary procedures: Radiation symbol; labels; additional information.
459.3555 Precautionary procedures: Requirements for posting signs.
459.3565 Precautionary procedures: Exceptions to requirements for posting signs.
459.357 Precautionary procedures: Requirements for labeling containers and radiation machines.
459.3575 Precautionary procedures: Exceptions to requirements for labeling containers.
459.3585 Precautionary procedures: Receiving, monitoring and opening packages.
459.359 Disposal of waste: General requirements.
459.3595 Disposal of waste: Application for approval of proposed procedures.
459.3605 Disposal of waste: Release into sanitary sewerage.
459.361 Disposal of waste: Treatment or disposal by incineration.
459.3615 Disposal of waste: Specific wastes.
459.362 Quantities of radioactive materials for signs, labels and signals; disposal of waste.
459.3625 General requirements for preparation and retention of records.
459.363 Authorized forms of records for purposes of legibility; safeguards.
459.3635 Records of program for protection against radiation.
459.3645 Records of surveys and calibrations.
459.365 Records of prior occupational doses.
459.3655 Records of planned special exposures.
459.3665 Records of results from individual monitoring.
459.367 Records of dose to individual members of public.
459.3673 Records of disposal of waste.
459.3675 Records of tests on entry control devices for very high radiation areas.
459.368 Notice and reports to persons exposed to radiation or radioactive material.
459.369 Requirements for report of lost, stolen or missing licensed radioactive material or radiation machines.
459.3695 Report of certain incidents.
459.371 Submission of written reports for certain occurrences; contents of reports.
459.3715 Submission of written reports after planned special exposures.
459.373 Additional reporting requirements.
459.374 Notice of intent to vacate premises.
Radioactive Materials in the Healing Arts
459.3801 Restricted area: Release for unrestricted use.
459.3805 Restricted area: Persons authorized to enter.
X rays in the Healing Arts
459.400 Definitions.
459.402 “Accessible surface” defined.
459.404 “Added filtration” defined.
459.406 “Aluminum equivalent” defined.
459.408 “Attenuation block” defined.
459.410 “Automatic exposure control” defined.
459.412 “Beam axis” defined.
459.414 “Beam-limiting device” defined.
459.416 “Changeable filters” defined.
459.418 “Coefficient of variation” defined.
459.420 “Contact therapy system” defined.
459.422 “Control panel” defined.
459.424 “Cooling curve” defined.
459.426 “Dead-man switch” defined.
459.428 “Diagnostic source assembly” defined.
459.430 “Diagnostic-type protective tube housing” defined.
459.432 “Diagnostic X-ray system” defined.
459.434 “Direct scattered radiation” defined.
459.436 “Entrance exposure rate” defined.
459.440 “Field emission equipment” defined.
459.442 “Filter” defined.
459.444 “Fluoroscopic imaging assembly” defined.
459.446 “General purpose radiographic X-ray system” defined.
459.448 “Gonadal shield” defined.
459.450 “Half-value layer” defined.
459.452 “Image intensifier” defined.
459.454 “Image receptor” defined.
459.456 “Inherent filtration” defined.
459.458 “Kilowatt second” defined.
459.460 “Lead equivalent” defined.
459.462 “Leakage radiation” defined.
459.464 “Leakage technique factors” defined.
459.466 “Light field” defined.
459.468 “Maximum line current” defined.
459.470 “Mobile equipment” defined.
459.472 “Peak tube potential” defined.
459.474 “Phototimer” defined.
459.476 “Portable equipment” defined.
459.478 “Position indicating device” defined.
459.480 “Primary protective barrier” defined.
459.482 “Protective apron” defined.
459.484 “Protective barrier” defined.
459.486 “Protective glove” defined.
459.488 “Qualified expert” defined.
459.490 “Radiograph” defined.
459.492 “Radiographic imaging system” defined.
459.494 “Rating” defined.
459.496 “Recording” defined.
459.500 “Response time” defined.
459.502 “Scattered radiation” defined.
459.504 “Secondary protective barrier” defined.
459.506 “Source” defined.
459.508 “Source-image receptor distance” defined.
459.510 “Spot film” defined.
459.512 “Stationary equipment” defined.
459.514 “Stray radiation” defined.
459.516 “Technique factors” defined.
459.518 “Therapeutic-type protective tube housing” defined.
459.520 “Transportable equipment” defined.
459.522 “Tube” defined.
459.524 “Tube housing assembly” defined.
459.526 “Tube rating chart” defined.
459.528 “Useful beam” defined.
459.530 “Variable aperture beam-limiting device” defined.
459.532 “Visible area” defined.
459.534 “X-ray control” defined.
459.536 “X-ray equipment” defined.
459.538 “X-ray field” defined.
459.540 “X-ray high-voltage generator” defined.
459.542 “X-ray system” defined.
459.544 “X-ray subsystem” defined.
459.546 “X-ray tube” defined.
459.550 Scope.
459.552 Administrative controls: Direction of operation by registrants.
459.554 Administrative controls: Radiographic exposure.
459.556 Administrative controls: Minimum exposure techniques.
459.558 Personnel monitoring.
459.564 Diagnostic X-ray systems.
459.566 Fluoroscopic X-ray systems: Limitation of useful beam; spot filming.
459.568 Fluoroscopic X-ray systems: Activation of the tube.
459.570 Fluoroscopic X-ray systems: Exposure rate limits.
459.572 Fluoroscopic X-ray systems: Barrier-rate limits.
459.574 Fluoroscopic X-ray systems: Indication of potential and current; source-skin distance; exceptions for fluoroscopy imaging system.
459.576 Fluoroscopic X-ray systems: Fluoroscopic timer; mobile fluoroscopes.
459.578 Fluoroscopic X-ray systems: Control of scattered radiation.
459.580 Intraoral dental radiographic systems.
459.582 Therapeutic X-ray systems: Leakage radiation; diaphragms and beam-limiting devices.
459.584 Therapeutic X-ray systems: Filter systems, tube housing.
459.586 Therapeutic X-ray systems: Beam monitor.
459.588 Therapeutic X-ray systems: Timer; control panel.
459.590 Therapeutic X-ray systems: Requirements for design of treatment room.
459.592 Therapeutic X-ray systems: Surveys; calibration; operating procedures.
459.594 X-ray and electron therapy installations: General requirements.
459.596 X-ray and electron therapy installations: Leakage radiation; beam-limiting devices.
459.598 X-ray and electron therapy installations: Filters; beam monitors.
459.600 X-ray and electron therapy installations: Dose monitors.
459.602 X-ray and electron therapy installations: Switches; timers.
459.604 X-ray and electron therapy installations: Selections of radiation type, energy, and stationary or moving beam.
459.606 X-ray and electron therapy installations: Focal spot; beam orientation; system checks.
459.608 X-ray and electron therapy installations: Shielding requirements.
459.610 X-ray and electron therapy installations: Surveys; operating procedure; calibration.
459.612 X-ray and electron therapy installations: Spot checks.
459.614 Veterinary medicine radiographic installations.
459.616 Other radiographic systems: Beam limitation.
459.618 General purpose X-ray systems: Stationary and mobile.
459.620 Other radiographic systems: Special purpose systems.
459.622 Devices to control exposures.
459.624 Other radiographic systems: Source to skin distance; exposure reproducibility; standby radiation.
Radiation Safety Requirements for Analytical X-ray Equipment
459.640 Definitions.
459.642 “Analytical X-ray equipment” defined.
459.644 “Analytical X-ray system” defined.
459.646 “Fail-safe characteristics” defined.
459.648 “Local components” defined.
459.650 “Normal operating procedures” defined.
459.652 “Open-beam configuration” defined.
459.654 “Primary beam” defined.
459.656 Scope.
459.658 Equipment requirements.
459.660 Area requirements.
459.662 Operating requirements.
459.664 Personnel requirements.
Radiation Safety Requirements for X-ray Industrial Radiography
459.680 Definitions.
459.684 “Cabinet X-ray system” defined.
459.6843 “Control panel” defined.
459.6847 “Direct reading pocket dosimeter” defined.
459.7015 “Storage area” defined.
459.703 “Temporary job site” defined.
459.7033 “X-ray industrial radiography” defined.
459.7037 “X-ray system” defined.
459.704 Purpose; applicability.
459.705 X-ray systems: Training requirements for operators.
459.707 X-ray systems: Warning devices.
459.708 X-ray systems: Locking systems.
459.710 X-ray systems: Securing systems.
459.712 Equipment control: Radiation survey instruments.
459.716 Equipment control: Inspection and maintenance.
459.719 Precautionary procedures: Posting of signs.
459.7234 Requirements for radiation safety officer.
459.724 Safety requirements for operators of X-ray systems.
459.733 Safety requirements at temporary job sites, rooms or buildings.
Radiation Safety Requirements for Use of Sealed Source for Industrial Radiography
459.737 Adoption by reference of certain provisions of Code of Federal Regulations; revision of certain terms.
459.738 Compliance with certain provisions of Code of Federal Regulations regarding program for inspecting and maintaining transport containers.
Radiation Safety Requirements for Particle Accelerators
459.740 Purpose; applicability.
459.742 Requirements for registration.
459.744 Safety requirements: Generally; operation.
459.746 Safety requirements: Expert assistance; shielding; controls; interlock systems.
459.748 Safety requirements: Warning devices; operating procedures.
459.750 Safety requirements: Monitoring.
459.752 Safety requirements: Ventilation systems.
Radiation Safety Requirements for Well Logging
459.756 Definitions.
459.757 “Field station” defined.
459.7575 “Fresh water aquifer” defined.
459.758 “Injection tool” defined.
459.7585 “Irretrievable well logging source” defined.
459.759 “Logging assistant” defined.
459.7595 “Logging supervisor” defined.
459.7598 “Logging tool” defined.
459.7605 “Personal supervision” defined.
459.761 “Radioactive marker” defined.
459.7615 “Safety review” defined.
459.7621 “Source holder” defined.
459.7625 “Subsurface tracer study” defined.
459.763 “Surface casing” defined.
459.7635 Purpose and applicability.
459.7641 Approval of operation required; submission of information to Division.
459.7645 Agreement with owner or operator of well.
459.765 Labeling of components and containers; transportation of radioactive material.
459.7655 Storage of radioactive material; securing packages for transportation.
459.7661 Availability and calibration of instruments to survey and detect radiation.
459.7665 Inspection and maintenance of equipment; restrictions on handling sealed sources.
459.767 Testing sealed sources for leakage.
459.7675 Semiannual inventories of radioactive material.
459.7681 Records of sources of radiation used.
459.7685 Criteria for design and performance of sealed sources.
459.769 Use of sealed source in well without surface casing.
459.7695 Use of radioactive markers and uranium sinker bars.
459.7701 Logging supervisors and assistants: Qualifications; safety reviews; records.
459.7705 Logging supervisors: Training.
459.771 Logging supervisors: Presence at temporary job sites; surveillance of operations.
459.7715 Operating and emergency procedures.
459.7721 Monitoring personnel.
459.7725 Surveys of radiation: Requirements; records.
459.773 Control of radioactive contamination.
459.7735 Prohibited acts.
459.7741 Notifying Radiological Health Section of certain events; procedure when sealed source is not retrievable.
459.7745 Maintenance of documents and records.
Notices; Instructions and Reports to Employees; Inspections
459.780 Purpose; applicability.
459.782 Notices to employees.
459.784 Instructions to employees.
459.786 Reporting of certain information.
459.788 Inspections: Generally; presence of representatives of licensees, registrants and employees.
459.790 Inspections: Consultation with employees.
459.792 Inspections: Requests by employees.
459.794 Inspections: Informal review.
DISPOSAL OF RADIOACTIVE MATERIAL
General Provisions
459.800 Definitions.
459.8005 “Active maintenance” defined.
459.801 “Buffer zone” defined.
459.8015 “Chelating agent” defined.
459.802 “Disposal” defined.
459.8025 “Disposal area” defined.
459.803 “Disposal unit” defined.
459.8035 “Explosive material” defined.
459.804 “Hydrogeological unit” defined.
459.8045 “Inadvertent intruder” defined.
459.805 “Near the surface” defined.
459.8055 “Waste” defined.
Licenses for Disposal in Soil of Radioactive Wastes
459.806 Scope.
459.8065 General requirements for license.
459.807 Collection of environmental data.
459.8075 Application for license: General information.
459.808 Application for license: Technical information.
459.8085 Application for license: Analyses.
459.809 Application for license: Information concerning ownership.
459.8095 Application for license: Financial information.
459.810 General requirements of disposal area.
459.8105 Location and minimum characteristics of disposal area.
459.811 Design of disposal area.
459.8115 Financial requirements: Demonstration of ability to obtain necessary money.
459.812 Financial requirements: Assurances of sufficient money for closure and stabilization.
459.8125 Financial requirements: Alternative form of assurance.
459.813 Financial requirements: Contract with governmental agency which owns disposal area.
459.8135 Variances.
459.814 Licenses: Necessary findings.
459.8145 Licenses: Conditions.
459.815 Conduct of operations: Standards for protection from radiation.
459.8155 Limitations on annual release of radioactive material to general environment.
459.816 Segregation and disposal of waste.
459.8165 Records of shipments.
459.817 Program of environmental observation.
459.8175 Authorization of specific alternatives to requirements.
459.818 Inspection by Division.
459.8185 Tests by licensee or Division.
459.819 Annual reports.
459.8195 Records and reports: Preparation; retention; reproduced copy.
459.820 Renewal of license.
459.8205 Application to amend license for closure.
459.821 Responsibility of licensee after authorization to close disposal area.
459.8215 Transfer of license to governmental agency after closure.
459.822 Program to control access to area after transfer of control.
459.8225 Amendment to terminate license.
Transportation of Radioactive Waste
459.8231 Requirements for shipping manifest; exceptions.
459.8235 Procedure for transfer to land disposal facility, licensed waste collector or licensed waste processor.
459.824 Duties of waste collector who collects and handles only prepackaged waste.
459.8245 Duties of waste processor who processes, treats or repackages waste.
459.825 Labels identifying classification of waste.
459.8255 Investigation and report if receipt not acknowledged.
459.826 Duties of operator of land disposal facility.
Classification of Radioactive Waste
459.8265 Characteristics of each class.
459.827 Waste containing long-lived radionuclides.
459.8275 Waste containing short-lived radionuclides.
459.828 Waste containing mixture of long-lived and short-lived radionuclides.
459.8285 Absence of listed radionuclides.
459.829 Waste containing mixture of radionuclides: Computation of classification.
459.8295 Determination of concentration of radionuclide.
459.830 Requirements for physical form and packaging for all classes.
459.8305 Minimum requirements for stability of wastes.
Disposal of Waste in State-Owned Area
459.850 Definitions.
459.860 Severability.
459.865 License required; effect of license.
459.870 Application for license.
459.875 Audit and inspection prerequisite to licensing.
459.885 Suspension of license.
459.890 Reinstatement of license.
459.900 Compliance with applicable federal and state laws.
459.910 Duties of licensee.
459.920 Additional inspections.
459.940 Fees.
459.943 Burial at state-owned disposal area; restrictions.
459.945 Surcharge for waste generated in state not party to compact.
459.947 Periodic determination of whether disposal charges are reasonable.
459.948 Determination of whether proposed increase in disposal charges is reasonable.
459.950 Penalties.
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
459.952 Definitions.
459.95211 “Accidental release” defined.
459.95213 “Active mitigation” defined.
459.95215 “Administrative controls” defined.
459.95225 “C.A.P.P.” defined.
459.9523 “C.A.S.” defined.
459.95235 “Catastrophic release” defined.
459.9524 “Division” defined.
459.95242 “Emergency response program” defined.
459.95244 “Endpoint” defined.
459.95246 “Environmental receptor” defined.
459.952465 “Explosive” defined.
459.95247 “Explosives manufacturing operation” defined.
459.95248 “Facility” defined.
459.9525 “Field gas” defined.
459.95251 “First responding fire station” defined.
459.95252 “Hazard assessment” defined.
459.95253 “Hazardous materials response station” defined.
459.95255 “Highly hazardous substance” defined.
459.95256 “Hot work” defined.
459.95259 “Local building official” defined.
459.95263 “Medical treatment” defined.
459.95265 “Mitigation” and “mitigation system” defined.
459.95267 “N.A.I.C.S.” defined.
459.95269 “Natural gas processing plant” defined.
459.952695 “New process” defined.
459.95271 “N.F.P.A.” defined.
459.95273 “Off-site” defined.
459.95275 “Owner or operator” defined.
459.95277 “Passive mitigation” defined.
459.95279 “Prevention program” defined.
459.95281 “Process” defined.
459.95283 “Process hazard analysis” defined.
459.95285 “Produced water” defined.
459.95289 “Public” defined.
459.95291 “Public receptor” defined.
459.95292 “Replacement in kind” defined.
459.95297 “Threshold quantity” defined.
459.95312 “Vessel” defined.
Applicability of Program
459.95321 Determination by owner or operator.
459.95323 Criteria for determination.
Table of Substances
459.9533 Tabulated values for threshold quantity, two release quantity and toxic endpoints; classification of substance as explosive.
General Requirements
459.95332 Duties of owner or operator of facility.
459.95333 Change in ownership of facility.
459.95334 Annual fee.
459.953345 Annual fees for facility with explosives manufacturing operation.
459.95335 Exemption from payment of certain annual fees.
459.95337 Certification of required documents.
459.95341 Management system; implementation plan.
459.95344 Reports of regulatory agencies.
Permits
459.95345 Permit required for construction; preliminary meeting with Division.
459.953451 Application for permit to construct: Submission; contents; requirements for accompanying documents, specifications and calculations.
459.953455 Contents of application for permit to construct: Process hazard analysis; information concerning process safety.
459.953457 Contents of application for permit to construct: Site plan; plot plans of project area; diagrams; drawings.
459.953459 Contents of application for permit to construct: Specifications.
459.95346 Contents of application for permit to construct: Calculations.
459.953461 Contents of application for permit to construct: Information concerning inspectors for construction of process pipes, concrete foundations and structural steel.
459.953463 Initial review of application for permit to construct; notification of applicant concerning completeness of application.
459.953465 Notice of receipt of application for permit to construct; period for public comment; action by Division after period of public comment.
459.953467 Conditions for issuance of permit to construct; approval of site plan; certain modifications in construction to be reflected in pre-start-up safety review.
459.953469 Commencement of construction before issuance of permit to construct.
459.95347 Maintenance and availability of information during construction activity; revised schedule for construction upon issuance of permit to construct.
459.953471 Permit to operate: Requirements to commence operation or to bring highly hazardous substances or explosives onto site of new process.
459.953473 Permit to operate: Conditions for issuance; notification of Division when certain requirements are satisfied.
459.953475 Fees; request for Division to cease evaluation for permit.
Registration
459.95348 General requirements.
459.9535 Annual registration: Information concerning facility.
459.95354 Annual registration: Accident history of facility.
Hazard Assessments
459.95364 Parameters for analysis of off-site consequences.
459.95366 Analysis of worst-case scenarios.
459.95368 Analysis of alternative release scenarios.
459.9537 Estimation of population potentially affected.
459.95372 Definition of environmental receptors.
459.95374 Review and update of off-site consequence analyses; revised analyses.
459.95376 Documentation to be maintained concerning worst-case release scenarios and alternative release scenarios.
Prevention Programs
459.95412 Compilation of information concerning process safety.
459.95414 Process hazard analysis.
459.95416 Operating procedures.
459.95418 Training procedures.
459.95421 Procedures for maintenance of equipment.
459.95423 Procedures for management of certain changes.
459.95425 Pre-start-up safety review.
459.95427 Evaluation and documentation of compliance.
459.95429 Investigation of incidents; incident reports; corrective action.
459.95431 Employee participation.
459.95433 Hot work permits.
459.95435 Duties of owner or operator concerning contractors; duties of contractors.
Emergency Response Programs
459.9544 Compliance; exemption.
459.95442 Establishment and implementation; review and coordination; written program.
Two or More Releases From Facility
459.95486 Prerequisites for exemption of process from C.A.P.P.; continued compliance.
459.95488 Grant of exemption from C.A.P.P.: Procedure; considerations.
Revalidation of Process Hazard Analysis
459.9549 General requirements; new analysis in lieu of revalidation.
459.95496 Current process safety information and hazard assessment.
459.95498 Current procedures and programs.
459.955 Consideration of incidents; recommendations for correction of deficiencies.
Administration and Enforcement
459.9552 Site inspections.
459.95521 Investigation of accidents.
459.95523 Protection of confidentiality of certain information.
459.95526 Administration and enforcement of certain federal regulations.
459.95528 Adoption by reference of certain codes and standards.
NUCLEAR PROJECTS
459.960 Definitions.
459.963 Clarification of regulations.
459.965 Meetings of Commission.
459.967 Correspondence with Agency.
459.969 Notification of action of Agency; fee for copies.
CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES
General Provisions
459.96902 Definitions.
459.96904 “Accuracy” defined.
459.96906 “Analyst” defined.
459.96908 “Analyte” defined.
459.9691 “Approved method of testing” defined.
459.96912 “Certified laboratory” defined.
459.96914 “Commission” defined.
459.96916 “Director” defined.
459.96918 “Division” defined.
459.9692 “Federal Act” defined.
459.96922 “National Environmental Laboratory Accreditation Conference” defined.
459.96924 “National Environmental Laboratory Accreditation Program” defined.
459.96926 “Performance-based measurement system” defined.
459.96928 “Precision” defined.
459.9693 “Proficiency test sample” defined.
459.96932 “Proficiency testing program” defined.
459.96934 “Quality control sample” defined.
459.96936 “Quality manual” defined.
459.96938 “Sensitivity” defined.
459.9694 “Spike” defined.
459.96942 “Standards” defined.
459.96944 “Waste sample” defined.
Guidelines and Procedures
459.96946 Adoption by reference of National Environmental Laboratory Accreditation Conference-Constitution, Bylaws, and Standards.
459.96948 Adoption by reference of certain publications related to sample collection procedures, analytical methodologies and requirements for certification.
459.9695 Adoption by reference of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846.
459.96952 Adoption by reference of Method 1600-Membrane Filter Test Method for Enterococci in Water.
459.96954 Adoption of certain ASTM standards and other publications related to calibration and testing laboratories, and examination of water and wastewater.
459.96956 Interpretation of provisions; resolution of conflicting requirements.
459.96958 Scope of certification.
459.9696 Categories of analytes for which laboratory may be certified.
459.96962 Requirements for certification.
459.96964 Certification by Division or pursuant to National Environmental Laboratory Accreditation Program.
459.96966 Application for certification
459.96968 Participation in proficiency testing program.
459.9697 Adoption of quality manual by laboratory; contents.
459.96972 Inspection of laboratory by Division.
459.96974 Grounds for denial of application for certification, or revocation, suspension or limitation of certification.
459.96976 Reapplication after denial of application or revocation of certification.
459.96978 Renewal of certification.
459.9698 Display of certificate; conditions for surrender of certificate; issuance of document.
459.96982 Notification of Division of certain changes concerning certified laboratory.
459.96984 Contractual agreements, records and reports.
Miscellaneous Provisions
459.96986 Fees for certification.
459.96988 Acceptance of analyses conducted by laboratory located outside State.
459.9699 Review by Commission of publications adopted by reference.
CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS
459.970 Definitions.
459.9701 “Consultant” defined.
459.9702 “Division” defined.
459.9703 “Employee” defined.
459.9704 “Environmental manager” defined.
459.9705 “Handler of underground storage tanks” defined.
459.9706 “Hazardous material” defined.
459.9707 “Hazardous substance” defined.
459.9708 “Hazardous waste” defined.
459.9709 “Management of hazardous waste” defined.
459.971 “Person” defined.
459.9711 “Regulated substance” defined.
459.9712 “Release of a hazardous substance” defined.
459.9713 “Response” defined.
459.9714 “Specialist in the management of hazardous waste” defined.
459.9715 “Tester of underground storage tanks” defined.
459.9716 “Underground storage tank” defined.
459.9717 Intent of provisions.
459.9718 Applicability of provisions.
459.9719 Services for which certification is required.
459.972 Certification as environmental manager.
459.9721 Certification as specialist in the management of hazardous waste.
459.9722 Certification as handler of underground storage tanks.
459.9723 Certification as tester of underground storage tanks.
459.9724 Certification of person certified by another state or recognized organization.
459.9725 Waiver of requirements for training.
459.9726 Action on applications; examinations for certification.
459.9727 Contents and duration of certificate.
459.9728 Renewal of certificate.
459.97285 Contents of document relating to service for which certification is required.
459.9729 Standards of practice.
PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS SUBSTANCES AND RELIEF FROM LIABILITY
459.973 Definitions.
459.9731 “Administrator” defined.
459.9732 “Division” defined.
459.9733 “Eligible property” defined.
459.9734 “Participant” defined.
459.9735 “Program” defined.
459.9736 “Responsible party” defined.
459.9737 Signature requirement.
459.9738 Application; environmental assessment; additional information.
459.9739 Application fees.
459.974 Remedial agreement: Contents; approval.
459.9741 Cost estimate.
459.9742 Recovery of costs.
459.9743 Report of completion; certificate of partial completion.
TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS
459.975 Definitions.
459.97515 “Director” defined.
459.9752 “Division” defined.
459.97525 “Hazardous material” defined.
459.9753 “Motor carrier” defined.
459.97535 “Motor vehicle” defined.
459.9754 “Participating state” defined.
459.97543 “Permit Section” defined.
459.97545 “Person” defined.
459.9755 “Principal place of business” defined.
459.97555 “Reciprocal agreement” defined.
459.97565 “Single-trip permit” defined.
459.9757 “Transport” and “transportation” defined.
459.97573 “Uniform application” defined.
459.97575 “Uniform permit” defined.
459.97577 “Uniform program” defined.
459.9758 “Vehicle” defined.
459.976 Applicability.
459.977 Adoption of and compliance with certain provisions of Code of Federal Regulations.
459.978 Address for communications and payments.
459.9785 Prerequisites to transportation of hazardous materials for which federal safety permit required.
459.979 Registration and uniform permit required.
459.980 Use of vehicle under lease.
459.9805 Uniform permit: Uniform application for issuance or renewal; fees; expiration.
459.98055 Authority of Division to require fingerprints from principal officers of applicant.
459.982 Uniform permit: Notice of change in information in uniform application.
459.983 Uniform permit: Maintenance at place of business; inspection; copy required in vehicle during transportation.
459.984 Single-trip permit: Obtainment; use; expiration; fee.
459.986 Inspection of vehicles; verification of drivers’ qualifications.
459.9865 Provision of notice before transportation of radioactive waste.
459.987 Reporting certain accidents and incidents.
459.988 Reimbursement of expenses for response to spill or accident.
459.989 Disciplinary action: Grounds; imposition of sanctions.
459.990 Disciplinary action: Notice of intended action; request for hearing; time and place of hearing.
459.991 Disciplinary action: Reinstatement of uniform permit.
PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL
General Provisions
459.9912 Definitions.
459.99121 “Bylaws Committee” defined.
459.99122 “Commission” defined.
459.99123 “Emergency plan” defined.
459.99124 “Extremely hazardous material” defined.
459.99125 “Facility” defined.
459.99126 “Funding Committee” defined.
459.991265 “Local emergency planning committee” defined.
459.99127 “Person” defined.
459.99128 “Planning and Training Subcommittee” defined
Emergency Planning
459.99131 Powers and duties of Commission.
459.99132 Local emergency planning committees: Administrative duties
459.99133 Emergency plans: Establishment, review and approval; correction of deficiencies; failure to comply
459.99134 Emergency plans: Implementation; report; failure to comply.
Funding for Local Emergency Planning Committees
459.99135 Authority of Commission: Grants of money from Contingency Account for Hazardous Materials.
459.99136 Requests for funding: Determination and approval of amount; scope.
459.99137 Dissemination of application forms for grants.
459.99138 Provision of money from proceeds of certain fees to pay for operating costs.
459.99139 Requests for money from proceeds of certain fees to pay for planning.
459.99141 Requests for money from proceeds of certain fees to pay for training.
459.99142 Requests for money from proceeds of certain fees to pay for services of consultant or contractor.
459.99143 Requests for money from proceeds of certain fees to pay for equipment.
459.99144 Requests for money from federal funding to pay for planning.
459.99145 Requests for money from federal funding to pay for training.
459.99146 Requests for money from federal funding to pay for services of consultant or contractor.
459.99147 Review of applications and award of money.
459.99148 Documentation of awards of money.
459.99149 Completion and submission of certain forms.
459.99151 Reimbursement of expenditures: Requirements for disbursement of money.
459.99152 Advance funding for expected expenditures exceeding $2,000.
459.99153 Quarterly financial reports.
459.99154 Past due financial reports.
459.99156 Authorization and procedure to revise use of money after award of grant.
Funding for State Agencies
459.99161 Authority of Commission: Allocation of money from Contingency Account for Hazardous Materials.
459.99162 Application for allocation of money; determination and approval of amount to request.
459.99163 Requests for money from proceeds of certain fees to pay for training.
459.99164 Requests for money from proceeds of certain fees to pay for services of consultant or contractor.
459.99165 Requests for money from proceeds of certain fees to pay for equipment.
459.99166 Requests for money from federal funding to pay for training.
459.99167 Requests for money from federal funding to pay for services of consultant or contractor.
459.99168 Review of applications and allocation of money.
459.99169 Documentation of allocations of money.
459.99171 Completion and submission of certain forms.
459.99172 Reimbursement of expenditures: Requirements for disbursement of money.
459.99173 Advance funding for expected expenditures exceeding $2,000.
459.99174 Quarterly financial reports.
459.99175 Past due financial reports.
459.99176 Annual progress reports.
459.99177 Authorization and procedure to revise use of money after allocation.
Imposition and Payment of Fees
459.9918 Fees for certain services and regulatory activities of Commission.
459.99181 Fees for storage of extremely hazardous materials.
459.99182 Fees for manufacture for transport of extremely hazardous material
459.991825 Reporting fee for submission of toxic chemical release form.
459.99183 Failure to pay required fee when due.
459.991835 Limitation on amount of certain fees.
459.99184 Overpayment of required fee.
Appeals
459.99189 Appeal by local emergency planning committee or state agency of grant-related decision.
STORAGE TANKS
459.9921 Definitions.
459.9922 “Assessment” defined.
459.9923 “Aquifer” defined.
459.9924 “Corrective action” defined.
459.9925 “Department” defined.
459.9926 “Dissolved product action level” defined.
459.9927 “Division” defined.
459.9928 “Groundwater” defined.
459.99283 “Listed” defined.
459.99285 “Marina storage tank” defined.
459.99287 “Petroleum” defined.
459.9929 “Underground storage tank” defined.
459.993 Federal regulations: Adoption by reference of certain provisions regarding underground storage tanks; compliance required.
459.9931 Adoption by reference of certain chapters of International Fire Code.
459.9933 Marina storage tanks: Registration; fee; date for compliance.
459.9934 Marina storage tanks: Construction, design, location and overfill prevention.
459.9935 Marina storage tanks: Secondary containment.
459.9936 Marina storage tanks: Piping and valves.
459.9937 Marina storage tanks: Dispensing equipment.
459.9938 Marina storage tanks: Filling equipment; monitoring; testing; daily inventory records.
459.994 Underground storage tanks: Testing for tightness.
459.995 Financial responsibility of owners and operators.
459.996 Releases: Reporting; protection of site; inspection by Division.
459.997 Releases: Authority of Administrator of Division.
459.9971 Releases: Assessment of contaminated soil or water.
459.9972 Assessment required before closure of tank; removal of tank from ground.
459.9973 Presence of excessive petroleum in soil: Evaluation; assessment of risk; corrective action.
459.9974 Management and evaluation of contaminated soil.
459.9975 Monitoring of groundwater.
459.9976 Corrective action required when excessive petroleum floating on surface of water of aquifer.
459.9977 Corrective action required when dissolved product action level exceeded; exemptions.
459.9978 Corrective action: Determining when aquifer is clean.
459.9979 Corrective action: Periodic monitoring; use of alternative technology.
459.9985 No relief of responsibility to secure approval or permit.
459.999 Severability.
FUND FOR BROWNFIELD PROJECTS
General Provisions
459.9991 Definitions.
459.99911 “Applicant” defined.
459.99912 “Brownfield site” defined.
459.99913 “Corrective action” defined.
459.99914 “Disadvantaged business” defined.
459.99915 “Division” defined.
459.99916 “Eligible entity” defined.
459.99917 “Financial assistance” defined.
459.99918 “Fund” defined.
459.99919 “Hazardous substance” defined.
459.9992 “Person” defined.
459.99921 “Program for voluntary cleanup” defined.
459.99922 “Property” defined.
459.99923 “Recipient” defined.
Loans From Fund
459.99924 Eligibility for loan: Ineligible persons.
459.99925 Eligibility for loan: Requirements for site.
459.99926 Application for loan: Submission; form and contents.
459.99927 Application for loan: Additional requirements for certain applicants.
459.99928 Application for loan: Provision of collateral.
Subgrants From Fund
459.99929 Duties of Division; eligibility of applicant for subgrant.
459.9993 Application for subgrant: Submission; form and contents; consideration for approval.
459.99931 Duties of recipient upon completion of cleanup.
Recipients of Financial Assistance
459.99932 Conditions for payment and repayment of financial assistance.
459.99933 Use of money received as financial assistance.
459.99934 Cleanup by recipient enrolled in program for voluntary cleanup.
459.99935 Cleanup by recipient not enrolled in program for voluntary cleanup.
459.99936 Certification of compliance with federal requirements; maintenance of records and accounts; audit of financial records.
459.99937 Contracts for remedial services.
459.99938 Compliance with certain labor laws; participation of disadvantaged businesses.
Miscellaneous Provisions
459.99939 Liability of certain bona fide prospective purchasers or innocent purchasers for response actions or cleanup of site.
PRACTICE BEFORE STATE ENVIRONMENTAL COMMISSION
459.9995 Appeal of final decision of State Department of Conservation and Natural Resources.
GENERAL PROVISIONS
NAC 459.010 Definitions. (NRS 459.030, 459.201) As used in NAC 459.010 to 459.950, inclusive, unless the context otherwise requires, the words and terms defined in NAC 459.012 to 459.116, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by Bd. of Health, 4-27-84; 10-22-93; 1-18-94; 1-21-94; 7-7-94; 11-1-95; R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R149-03, 12-3-2003; R085-06, 11-13-2006)
NAC 459.012 “Absorbed dose” defined. (NRS 459.030, 459.201) “Absorbed dose” means the energy imparted to matter by ionizing radiation per unit mass of irradiated material at the place of interest. The special units of absorbed dose are the rad and the gray.
[Bd. of Health, Radiation Control Reg. § 1.2.9.2, eff. 2-28-80]—(NAC A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.014 “Accelerator produced material” defined. (NRS 459.201) “Accelerator produced material” means any material made radioactive by exposing it in a particle accelerator.
[Bd. of Health, Radiation Control Reg. § 1.2.1, eff. 2-28-80]
NAC 459.0145 “Activity” defined. (NRS 459.030, 459.201) “Activity” means the rate of disintegration or decay of radioactive material. The units of activity are the curie and the becquerel.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.0147 “Address of use” defined. (NRS 459.201) “Address of use” means the building or buildings that are identified on the license and where radioactive materials may be received, used or stored.
(Added to NAC by Bd. of Health, eff. 11-1-95)
NAC 459.015 “Adult” defined. (NRS 459.201) “Adult” means any person who is 18 years of age or older.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.016 “Agreement state” defined. (NRS 459.201) “Agreement state” means any state with which the Nuclear Regulatory Commission has entered into an effective agreement under section 274(b) of the Atomic Energy Act of 1954, as amended, 73 Stat. 689.
[Bd. of Health, Radiation Control Reg. § 1.2.2, eff. 2-28-80]
NAC 459.018 “Airborne radioactive material” defined. (NRS 459.201) “Airborne radioactive material” means any radioactive material dispersed in the air in the form of dust, fumes, mists, particulates, vapors or gases.
[Bd. of Health, Radiation Control Reg. § 1.2.3, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.0185 “Annual limit on intake” defined. (NRS 459.201) “Annual limit on intake” means the limit for the amount of radioactive material taken into the body of an adult worker during the course of his employment, by inhalation or ingestion, in 1 year. The annual limit on intake is equal to the lesser of:
1. The intake of a given radionuclide in a year by the reference man that would result in a committed effective dose equivalent of 5 rems; or
2. A committed dose equivalent of 50 rems to any individual organ or tissue.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.019 “Appendix A” defined. (NRS 459.201) “Appendix A” means Appendix A to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive, as those provisions existed on October 13, 1999.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06, 11-13-2006)
NAC 459.0192 “Appendix B” defined. (NRS 459.201) “Appendix B” means Appendix B to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive, as those provisions existed on October 13, 1999.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06, 11-13-2006)
NAC 459.0194 “Appendix C” defined. (NRS 459.201) “Appendix C” means Appendix C to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive, as those provisions existed on October 13, 1999.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06, 11-13-2006)
NAC 459.0196 “Appendix G” defined. (NRS 459.201) “Appendix G” means Appendix G to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive, as those provisions existed on November 16, 2005.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.020 “Area of airborne radioactivity” defined. (NRS 459.201) “Area of airborne radioactivity” means any room, enclosure or area in which airborne radioactive material exists in concentrations:
1. In excess of the derived air concentrations specified in Appendix B; or
2. To such a degree that a person present in the area without a respiratory protective device could receive in the hours he works in 1 week, an intake of radiation that is greater than 0.6 percent of the annual limit on intake or 12 derived air concentration hours.
[Bd. of Health, Radiation Control Reg. § 1.2.4, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.0203 “Area of use” defined. (NRS 459.201) “Area of use” means a portion of an address of use that has been set aside for the purpose of receiving, using and storing radioactive materials.
(Added to NAC by Bd. of Health, eff. 11-1-95)
NAC 459.0205 “As low as is reasonably achievable” defined. (NRS 459.030, 459.201) “As low as is reasonably achievable” means making every reasonable effort to maintain exposures to radiation as far below the applicable limits as is practical, in a manner that is consistent with the purpose for which the licensed or registered activity is undertaken, taking into account:
1. The state of the technology;
2. The costs of improving the technology, including a consideration of the extent to which any improvements would benefit the health and safety of the public;
3. The utilization of licensed or registered sources of radiation in the public interest; and
4. Any other societal and socioeconomic considerations, including, without limitation, the potential for death or other harm that could reasonably be expected to result from transportation accidents that occur during the process of decontamination and waste disposal.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.02055 “Assigned protection factor” defined. (NRS 459.201) “Assigned protection factor” means the expected level of respiratory protection in a workplace that would be provided by a properly functioning respirator or class of respirators to properly fitted and trained users. Operationally, the inhaled concentration can be estimated by dividing the ambient airborne concentration by the assigned protection factor.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.02065 “Atmosphere-supplying respirator” defined. (NRS 459.201) “Atmosphere-supplying respirator” means a respirator that supplies the user with breathing air from a source independent of the ambient atmosphere, and includes, without limitation, a supplied-air respirator and a self-contained breathing apparatus unit.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.0207 “Authorized nuclear pharmacist” defined. (NRS 459.201) “Authorized nuclear pharmacist” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference pursuant to NAC 459.3062.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99; A by R085-06, 11-13-2006)
NAC 459.0208 “Authorized user” defined. (NRS 459.201) “Authorized user” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference pursuant to NAC 459.3062.
(Added to NAC by Bd. of Health, eff. 11-1-95; A by R084-98, 1-26-99; R085-06, 11-13-2006)
NAC 459.021 “Background radiation” defined. (NRS 459.030, 459.201)
1. “Background radiation” means:
(a) Radiation from cosmic sources;
(b) Naturally occurring radioactive materials, including radon, except as a product of decay from source or special nuclear materials; and
(c) Global fallout as it exists in the environment from the testing of nuclear explosive devices, or past nuclear accidents, that contributes to background radiation and is not under the control of the licensee.
2. The term does not include sources of radiation from any radioactive material regulated by the Division pursuant to NAC 459.010 to 459.950, inclusive.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.0212 “Becquerel” defined. (NRS 459.030, 459.201) “Becquerel” means a unit of measurement of radioactivity. One becquerel is that quantity of radioactive material which decays at the rate of one disintegration per second. One becquerel is equivalent to 2.7 x 10-11 curie.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.0214 “Bioassay” defined. (NRS 459.201) “Bioassay” means the determination of the kinds, quantities or concentrations and, in some cases, the locations, of radioactive material in the human body, whether by direct measurement, in vivo counting or an analysis of materials excreted or removed from the human body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0216 “Boundary of a site” defined. (NRS 459.201) “Boundary of a site” means the boundary beyond which the land or property is not owned, leased or otherwise controlled by a licensee.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0218 “Brachytherapy source” defined. (NRS 459.201) “Brachytherapy source” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference pursuant to NAC 459.3062.
(Added to NAC by Bd. of Health, eff. 11-1-95; A by R085-06, 11-13-2006)
NAC 459.022 “By-product material” defined. (NRS 459.201) “By-product material” has the meaning ascribed to it in subsection 1 of NRS 459.010.
[Bd. of Health, Radiation Control Reg. § 1.2.5, eff. 2-28-80]
NAC 459.024 “Calendar quarter” defined. (NRS 459.201) “Calendar quarter” means not less than 12 consecutive weeks nor more than 14 consecutive weeks. The first calendar quarter of each year begins in January. Subsequent calendar quarters are arranged so that no day is included in more than 1 calendar quarter and no day in any 1 year is omitted from inclusion within a calendar quarter.
[Bd. of Health, Radiation Control Reg. part § 1.2.6, eff. 2-28-80]
NAC 459.0241 “Category 1 irradiator” defined. (NRS 459.201) “Category 1 irradiator” means an irradiator in which the sealed sources for the irradiation of materials are not removed from the shield of the irradiator.
(Added to NAC by Bd. of Health by R149-03, eff. 12-3-2003)
NAC 459.0243 “Chemical description” defined. (NRS 459.201) “Chemical description” means a description of the principal chemical characteristics of low-level radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.0245 “Class” defined. (NRS 459.201) “Class” means a system of classification for inhaled radioactive material based on its rate of clearance from the pulmonary region of the lung, whereby radioactive materials are classified as either D, W or Y according to the following ranges of clearance half-times:
1. Class D, less than 10 days;
2. Class W, from 10 to 100 days; and
3. Class Y, more than 100 days.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.025 “Collective dose” defined. (NRS 459.201) “Collective dose” means the sum of the individual doses received in a given period by a specified population from exposure to a specified source of radiation.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0252 “Collimator” defined. (NRS 459.201) “Collimator” means a device used to limit the size, shape and direction of a primary radiation beam.
(Added to NAC by Bd. of Health, eff. 1-21-94)
NAC 459.0254 “Committed dose equivalent” defined. (NRS 459.201) “Committed dose equivalent” means the dose equivalent to organs or tissues of reference that will be received from an intake of radioactive material by a person during the 50-year period following the intake.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0256 “Committed effective dose equivalent” defined. (NRS 459.201) “Committed effective dose equivalent” means the sum of the products of the weighting factors applicable to each of the organs or tissues that are irradiated and the committed dose equivalent to each of those organs or tissues.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0258 “Consignee” defined. (NRS 459.201) “Consignee” means the designated receiver of a shipment of low-level radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.0259 “Constraint” defined. (NRS 459.201) “Constraint” means a value above which specified licensee actions are required.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.026 “Curie” defined. (NRS 459.030, 459.201) “Curie” means a unit of measurement of radioactivity. One curie (Ci) is that quantity of radioactive material which decays at the rate of 3.7 x 1010 disintegrations per second (dps). One curie is equivalent to 37 gigabecquerels.
[Bd. of Health, Radiation Control Reg. § 1.2.7, eff. 2-28-80]—(NAC A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.027 “Decommission” defined. (NRS 459.030, 459.201) “Decommission” means to remove a facility or site safely from service and reduce residual radioactivity to a level that permits:
1. Release of the property for unrestricted use and termination of the license of the licensee; or
2. Release of the property under restricted conditions and termination of the license of the licensee.
(Added to NAC by Bd. of Health, eff. 10-22-93; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.0275 “Deep-dose equivalent” defined. (NRS 459.201) “Deep-dose equivalent” means the dose equivalent that is measured at a depth of 1 centimeter in a tissue of the body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0278 “Demand respirator” defined. (NRS 459.201) “Demand respirator” means an atmosphere-supplying respirator that admits breathing air to the facepiece only when a negative pressure is created inside the facepiece by inhalation.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.028 “Department of Energy” defined. (NRS 459.201) “Department of Energy” means the department established by P.L. 95-91, August 4, 1977, 91 Stat. 565, 42 U.S.C. §§ 7101 et seq., to the extent that the Department exercises functions formerly vested in the Atomic Energy Commission, its Chairman, members, officers and components, and transferred to the Energy Research and Development Administration and to the Administrator thereof pursuant to sections 104(b), (c) and (d) of the Energy Reorganization Act of 1974 (P.L. 93-438, October 11, 1974, 88 Stat. 1233 at 1237, effective January 19, 1975) and retransferred to the Secretary of Energy pursuant to section 301(a) of the Department of Energy Organization Act (P.L. 95-91, August 4, 1977, 91 Stat. 565 at 577-578, 42 U.S.C. § 7151, effective October 1, 1977).
[Bd. of Health, Radiation Control Reg. § 1.2.49, eff. 2-28-80]
NAC 459.029 “Derived air concentration” defined. (NRS 459.201) “Derived air concentration” means the concentration of a given radionuclide in air which, if breathed by the reference man for 2,000 hours under conditions in which the inhalation rate is 1.2 cubic meters of air per hour, results in an intake of one annual limit on intake.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0292 “Derived air concentration-hour” defined. (NRS 459.201) “Derived air concentration-hour” means the product of the concentration of a radionuclide in air and the time of exposure to that radionuclide, in hours. Two thousand derived air concentration-hours are equal to one annual limit on intake or a committed effective dose equivalent of 5 rems.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0296 “Disposal container” defined. (NRS 459.201) “Disposal container”:
1. Means a container that is used to confine low-level radioactive waste for disposal at a land disposal facility.
2. May include the container used to transport the low-level radioactive waste to the land disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.030 “Division” defined. (NRS 459.201) “Division” means the Health Division of the Department of Health and Human Services.
[Bd. of Health, Radiation Control Reg. § 1.2.8, eff. 2-28-80]
NAC 459.032 “Dose” defined. (NRS 459.201) “Dose” means an absorbed dose, dose equivalent, effective dose equivalent, committed dose equivalent, committed effective dose equivalent or total effective dose equivalent, as appropriate.
[Bd. of Health, Radiation Control Reg. § 1.2.9.1, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.034 “Dose equivalent” defined. (NRS 459.030, 459.201) “Dose equivalent” means the product of the absorbed dose in a tissue, quality factor and all other necessary modifying factors at the location of interest. The units of dose equivalent are the rem and the sievert.
[Bd. of Health, Radiation Control Reg. § 1.2.9.3, eff. 2-28-80]—(NAC A 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.0345 “Dosimetry processor” defined. (NRS 459.201) “Dosimetry processor” means a person who processes and evaluates personnel monitoring equipment in order to determine the dose of radiation delivered to such equipment.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.035 “Effective dose equivalent” defined. (NRS 459.201) “Effective dose equivalent” means the sum of the products of the dose equivalent to an organ or tissue and the weighting factors applicable to each of the organs or tissues that are irradiated.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0352 “Electron source” defined. (NRS 459.201) “Electron source” means an assemblage of components for the controlled production of electrons without conversion into X-radiation.
(Added to NAC by Bd. of Health by R149-03, eff. 12-3-2003)
NAC 459.0354 “Embryo” defined. (NRS 459.201) “Embryo” means a developing human organism from conception until the time of birth.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0356 “Entrance” defined. (NRS 459.201) “Entrance” means any location through which a person may gain access to radiation areas or to radioactive materials.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.036 “Exposure” defined. (NRS 459.201) “Exposure” means being exposed to radiation or to radioactive material.
[Bd. of Health, Radiation Control Reg. § 1.2.10 + § 6.2.19, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.038 “Exposure rate” defined. (NRS 459.201) “Exposure rate” means the exposure per unit of time, such as R/min or mR/h.
[Bd. of Health, Radiation Control Reg. § 1.2.11, eff. 2-28-80]
NAC 459.0382 “External dose” defined. (NRS 459.201) “External dose” means that portion of a dose equivalent received from sources of radiation outside the body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0384 “Extremity” defined. (NRS 459.201) “Extremity” means a hand, an elbow, that portion of an arm below the elbow, a foot, a knee or that portion of a leg below the knee.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0387 “Fit factor” defined. (NRS 459.201) “Fit factor” means a quantitative estimate of the fit of a particular respirator to a specific person, and typically includes an estimate of the ratio of the concentration of a substance in ambient air to its concentration inside the respirator when worn.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.0388 “Fit test” defined. (NRS 459.201) “Fit test” means the use of a protocol which involves a qualitative fit test or quantitative fit test to evaluate the fit of a respirator on a person.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.039 “Form regarding history of cumulative occupational exposure” defined. (NRS 459.201) “Form regarding history of cumulative occupational exposure” means a form provided by the Division regarding the history of the cumulative occupational exposure of a person, or an equivalent form.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0395 “Generator” defined. (NRS 459.030) “Generator” means:
1. A waste generator; or
2. An entity that operates pursuant to a license issued by the Nuclear Regulatory Commission or an agreement state and to which waste is attributed pursuant to the Low-Level Radioactive Waste Policy Amendments Act of 1985, 42 U.S.C. §§ 2021b et seq.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.0397 “Gray” defined. (NRS 459.030) “Gray” means a special unit of absorbed dose. One gray equals an absorbed dose of 1 joule per kilogram of material. One gray is equivalent to 100 rads.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.040 “Healing arts” defined. (NRS 459.201) “Healing arts” means any system, treatment, operation, diagnosis, prescription or practice for the diagnosis, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition.
[Bd. of Health, Radiation Control Reg. § 1.2.12, eff. 2-28-80]
NAC 459.042 “High radiation area” defined. (NRS 459.030, 459.201) “High radiation area” means any area, accessible to persons, in which radiation from a source of radiation external to the body exists at such levels that a person could receive a dose equivalent in excess of 0.1 rem (1 millisievert) in 1 hour at 30 centimeters from:
1. The source of radiation; or
2. Any surface that the radiation penetrates.
[Bd. of Health, Radiation Control Reg. § 1.2.13, eff. 2-28-80]—(NAC A 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.044 “Human use” defined. (NRS 459.201) “Human use” means the internal or external administration of radiation or radioactive material to human beings.
[Bd. of Health, Radiation Control Reg. § 1.2.14, eff. 2-28-80]
NAC 459.0445 “Industrial radiography” defined. (NRS 459.030, 459.201) “Industrial radiography” has the meaning attributed to it in 10 C.F.R. § 34.3.
[Bd. of Health, Radiation Control Reg. § 5.3.2, eff. 2-28-80]—(NAC A by Dep’t of Human Resources by R137-01, 5-30-2003)—(Substituted in revision for NAC 459.688)
NAC 459.046 “Inspection” defined. (NRS 459.201) “Inspection” means an official examination or observation, including, but not limited to, tests, surveys and monitoring to determine compliance with regulations, orders, requirements and conditions of the Division.
[Bd. of Health, Radiation Control Reg. § 1.2.15, eff. 2-28-80]
NAC 459.047 “Internal dose” defined. (NRS 459.201) “Internal dose” means that portion of the dose equivalent received from radioactive material taken into the body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0475 “Land disposal facility” defined. (NRS 459.201) “Land disposal facility” means the land, buildings, structures and equipment that are intended to be used for the disposal of radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.0477 “Lens dose equivalent” defined. (NRS 459.030, 459.201) “Lens dose equivalent” means the dose equivalent from a source of radiation external to the body that is measured at a depth of 0.3 centimeter in the lens of the eye.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)—(Substituted in revision for NAC 459.0386)
NAC 459.048 “License” defined. (NRS 459.201) “License” means a license issued by the Division in accordance with the provisions of NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.16, eff. 2-28-80]—(NAC A by R084-98, 1-26-99)
NAC 459.049 “Licensed radioactive material” defined. (NRS 459.201) “Licensed radioactive material” means any radioactive material that is possessed under a specific or general license issued by the Division pursuant to this chapter.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.050 “Licensee” defined. (NRS 459.201) “Licensee” means any person who is licensed by the Division in accordance with the provisions of NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.17, eff. 2-28-80]—(NAC A by R084-98, 1-26-99)
NAC 459.0504 “Limit” defined. (NRS 459.201) “Limit” means the highest permissible dose of radiation.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0506 “Lost or missing sources of radiation” defined. (NRS 459.201) “Lost or missing sources of radiation” means radioactive material or a radiation machine whose location is unknown. The term includes a source of radiation that has been shipped but has not reached its destination, and whose location cannot be readily traced.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0508 “Medical use of radioactive material” and “medical use” defined. (NRS 459.201) “Medical use of radioactive material” or “medical use” means the intentional internal or external administration of:
1. Licensed radioactive material or radiation therefrom, as described in 10 C.F.R. Part 35; or
2. Radiation from a machine that produces radiation,
Ê to patients or human research subjects under the supervision of an authorized user.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99; A by R085-06, 11-13-2006)
NAC 459.051 “Member of the public” defined. (NRS 459.201) “Member of the public” means any natural person except during any period in which that natural person receives an occupational dose.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98, 1-26-99)
NAC 459.0512 “Minor” defined. (NRS 459.201) “Minor” means a person who is under 18 years of age.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0516 “Monitoring” defined. (NRS 459.201) “Monitoring” means the measurement of levels of radiation, concentrations of radioactive materials, or surface area activities or quantities of radioactive material, and the use of the results of these measurements to evaluate potential exposures and doses.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.052 “Natural radioactivity” defined. (NRS 459.201) “Natural radioactivity” means radioactivity of naturally occurring nuclides.
[Bd. of Health, Radiation Control Reg. § 1.2.18, eff. 2-28-80]
NAC 459.0525 “Naturally occurring or accelerator-produced radioactive material” defined. (NRS 459.030) “Naturally occurring or accelerator-produced radioactive material” includes naturally occurring radioactive material, including materials generated by accelerators used in subatomic particle physics research, and accelerator-produced radioactive material. The term does not include by-product, source or special nuclear material.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.0527 “Negative pressure respirator” defined. (NRS 459.201) “Negative pressure respirator” means a respirator in which the air pressure inside the facepiece is negative during inhalation with respect to the ambient air pressure outside the respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.053 “Nonstochastic effect” defined. (NRS 459.201) “Nonstochastic effect” means the effects on health from exposure to radiation, the severity of which varies with the dose of radiation and for which it is believed that a threshold exists.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.054 “Occupational dose” defined. (NRS 459.030, 459.201) “Occupational dose” means the dose received by a natural person in the course of employment in which the natural person’s duties involve exposure to radiation or radioactive material from licensed and unlicensed sources of radiation, whether in the possession of a licensee or registrant or any other person. The term does not include a dose received by a natural person:
1. From background radiation;
2. From any medical administration of radiation to the person;
3. From exposure to other natural persons who have been administered radioactive material and have been released pursuant to 10 C.F.R. § 35.75;
4. From voluntary participation in medical research; or
5. As a member of the public.
[Bd. of Health, Radiation Control Reg. § 1.2.19, eff. 2-28-80]—(NAC A 1-18-94; R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.055 “Occupational exposure” defined. (NRS 459.201) “Occupational exposure” means exposure of a person:
1. In a restricted area; or
2. In the course of employment in which the person’s duties involve exposure from sources of radiation, whether in the possession of the licensee, registrant or any other person.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0555 “Package” defined. (NRS 459.201) “Package” means the assembly of the components necessary to comply with the regulations of the United States Department of Transportation relating to packaging and the radioactive contents of the package, as presented for transport.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.056 “Particle accelerator” defined. (NRS 459.201) “Particle accelerator” means any machine capable of accelerating electrons, protons, deuterons or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of 1 MeV.
[Bd. of Health, Radiation Control Reg. § 1.2.20, eff. 2-28-80]
NAC 459.058 “Person” defined. (NRS 459.201) “Person” has the meaning ascribed to it in subsection 5 of NRS 459.010.
[Bd. of Health, Radiation Control Reg. § 1.2.21, eff. 2-28-80]
NAC 459.059 “Personnel monitoring” defined. (NRS 459.201) “Personnel monitoring” means:
1. The assessment of dose equivalent by the use of equipment designed to be worn by a person;
2. The assessment of committed effective dose equivalent by bioassay or derived air concentration-hours; or
3. The assessment of dose equivalent by the use of data from a survey.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.060 “Personnel monitoring equipment” defined. (NRS 459.030, 459.201) “Personnel monitoring equipment” means devices designed to be worn by a natural person for the assessment of dose equivalent, including, but not limited to, film badges, thermoluminescence dosimeters, pocket ionization chambers and personal devices for sampling air.
[Bd. of Health, Radiation Control Reg. § 1.2.22, eff. 2-28-80]—(NAC A 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.062 “Pharmacist” defined. (NRS 459.201) “Pharmacist” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference pursuant to NAC 459.3062.
[Bd. of Health, Radiation Control Reg. § 1.2.23, eff. 2-28-80]—(NAC A by R085-06, 11-13-2006)
NAC 459.063 “Physical description” defined. (NRS 459.201) “Physical description” means the items required to be indicated on NRC Form 541 to describe low-level radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.064 “Physician” defined. (NRS 459.201) “Physician” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference pursuant to NAC 459.3062.
[Bd. of Health, Radiation Control Reg. § 1.2.24, eff. 2-28-80]—(NAC A by R085-06, 11-13-2006)
NAC 459.0645 “Planned special exposure” defined. (NRS 459.201) “Planned special exposure” means an infrequent exposure to radiation pursuant to NAC 459.329, separate from and in addition to the annual limits specified in NAC 459.325.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0646 “Positive pressure respirator” defined. (NRS 459.201) “Positive pressure respirator” means a respirator in which the pressure inside the respiratory inlet covering exceeds the ambient air pressure outside the respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.06485 “Pressure demand respirator” defined. (NRS 459.201) “Pressure demand respirator” means a positive pressure atmosphere-supplying respirator that admits breathing air to the facepiece when the positive pressure is reduced inside the facepiece by inhalation.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.06495 “Principal activities” defined. (NRS 459.201) “Principal activities” means the activities authorized by a license which are essential to achieving the purpose for which the license was issued or amended. The term does not include:
1. Storage during which no licensed material is accessed for use; or
2. Disposal and activities incidental to decontamination or decommissioning.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.065 “Public dose” defined. (NRS 459.030, 459.201) “Public dose” means the dose received by a member of the public from exposure to radiation or radioactive material that is released by a licensee, or from another source of radiation under the control of a licensee or registrant. The term does not include a dose received by a natural person from:
1. Background radiation;
2. Any medical administration of radiation to the person;
3. Exposure to other natural persons who have been administered radioactive material and have been released pursuant to 10 C.F.R. § 35.75;
4. An occupational dose; or
5. Voluntary participation in medical research.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.0653 “Qualitative fit test” defined. (NRS 459.201) “Qualitative fit test” means a fit test that relies on the response of a person to the test agent to assess on a pass or fail basis the adequacy of the fit of a respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.0655 “Quality factor” defined. (NRS 459.201) “Quality factor” means the applicable modifying factor that is specified in NAC 459.3235.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0657 “Quantitative fit test” defined. (NRS 459.201) “Quantitative fit test” means a fit test that relies on numerically measuring the amount of leakage into a respirator to assess the adequacy of the fit of the respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.066 “Rad” defined. (NRS 459.030, 459.201) “Rad” means the special unit of absorbed dose. One rad equals one hundredth of a joule per kilogram of material; for example, if tissue is the material of interest, 1 rad equals 100 ergs per gram of tissue. One rad is equivalent to 10 milligrays.
[Bd. of Health, Radiation Control Reg. § 1.2.25, eff. 2-28-80]—(NAC A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.068 “Radiation” defined. (NRS 459.201) “Radiation” means ionizing radiation, that is, gamma rays and X rays, alpha and beta particles, high speed electrons, neutrons and other nuclear particles.
[Bd. of Health, Radiation Control Reg. § 1.2.26, eff. 2-28-80]
NAC 459.070 “Radiation area” defined. (NRS 459.201) “Radiation area” means any area accessible to any person in which there exists radiation at a level which could result in a person receiving a dose equivalent in excess of 0.005 rem in 1 hour at 30 centimeters from the source of radiation or from any surface that the radiation penetrates.
[Bd. of Health, Radiation Control Reg. § 1.2.27, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.072 “Radiation machine” defined. (NRS 459.201) “Radiation machine” means any device capable of producing radiation except one which produces radiation only from radioactive material.
[Bd. of Health, Radiation Control Reg. § 1.2.28, eff. 2-28-80]
NAC 459.074 “Radiation safety officer” defined. (NRS 459.201) “Radiation safety officer” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference pursuant to NAC 459.3062.
[Bd. of Health, Radiation Control Reg. § 1.2.29, eff. 2-28-80]—(NAC A by R085-06, 11-13-2006)
NAC 459.075 “Radiation symbol” defined. (NRS 459.201) “Radiation symbol” means the radiation symbol specified in NAC 459.355.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.076 “Radioactive material” defined. (NRS 459.201) “Radioactive material” means any solid, liquid or gaseous material which emits radiation spontaneously.
[Bd. of Health, Radiation Control Reg. § 1.2.30, eff. 2-28-80]
NAC 459.078 “Radioactivity” defined. (NRS 459.201) “Radioactivity” means the disintegration of unstable atomic nuclei by the emission of radiation.
[Bd. of Health, Radiation Control Reg. § 1.2.31, eff. 2-28-80]
NAC 459.0785 “Record of occupational exposure for a monitoring period” defined. (NRS 459.201) “Record of occupational exposure for a monitoring period” means a form provided by the Division to serve as a record of occupational exposure for a monitoring period, or an equivalent form.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.079 “Reference man” defined. (NRS 459.201) “Reference man” means a hypothetical aggregation of human physical and physiological characteristics established by international standards approved by the Board and used by researchers and public health workers to standardize the results of experiments and to relate biological effects to a common base.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.080 “Registrant” defined. (NRS 459.201) “Registrant” means any person who is registered with the Division and who is legally obligated to register with the Division pursuant to NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.32, eff. 2-28-80]—(NAC A by R084-98, 1-26-99)
NAC 459.082 “Registration” defined. (NRS 459.201) “Registration” means registration with the Division in accordance with the provisions of NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.33, eff. 2-28-80]—(NAC A by R084-98, 1-26-99)
NAC 459.084 “Regulations of the Department of Transportation” defined. (NRS 459.201) “Regulations of the Department of Transportation” means the regulations in 49 C.F.R. Parts 171 to 177, inclusive.
[Bd. of Health, Radiation Control Reg. § 1.2.34, eff. 2-28-80]—(NAC A 9-6-88)
NAC 459.085 “Released for unrestricted use” defined. (NRS 459.201) “Released for unrestricted use” means:
1. When applied to restricted areas on land or in facilities such as buildings, that all radioactive materials have been removed until the only radiation remaining is background radiation, and that after the Division has given its approval, the area is no longer restricted; or
2. When applied to equipment such as tools or vehicles in a restricted area, that all radioactive material has been removed from the equipment, so that the equipment may be released from the restricted area.
(Added to NAC by Bd. of Health, eff. 11-1-95)
NAC 459.086 “Rem” defined. (NRS 459.030, 459.201) “Rem” means the special unit of any of the quantities expressed as a dose equivalent that is equal to the absorbed dose in rads multiplied by the quality factor. One rem is equivalent to 10 millisieverts.
[Bd. of Health, Radiation Control Reg. § 1.2.35, eff. 2-28-80]—(NAC A 9-6-88; 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.088 “Research and development” defined. (NRS 459.201) “Research and development” means:
1. Theoretical analysis, exploration or experimentation; or
2. The extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstrative purposes, including the experimental production and testing of models, devices, equipment, materials and processes. “Research and development” does not include the internal or external administration of radiation or radioactive material to human beings.
[Bd. of Health, Radiation Control Reg. § 1.2.36, eff. 2-28-80]
NAC 459.0885 “Residual waste” defined. (NRS 459.030, 459.201) “Residual waste” means low-level radioactive waste resulting from processing or decontamination that, because it cannot be easily separated into distinct batches attributable to individual waste generators, is attributed to the processor or decontamination facility, as applicable.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.089 “Respiratory protective device” defined. (NRS 459.201) “Respiratory protective device” means an apparatus used to reduce the intake of airborne radioactive material by a person.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.090 “Restricted area” defined. (NRS 459.201) “Restricted area” means any area to which access is limited by the licensee or registrant for the purpose of protecting persons from undue risks from exposure to radiation and radioactive material. The term does not include an area used for residential quarters, although a separate room or rooms in a residential building may be set apart as a restricted area.
[Bd. of Health, Radiation Control Reg. § 1.2.37, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.092 “Roentgen” defined. (NRS 459.201) “Roentgen” (R) means a special unit of exposure. One roentgen equals 2.58 x 10-4 coulombs per kilogram of air.
[Bd. of Health, Radiation Control Reg. § 1.2.38, eff. 2-28-80]
NAC 459.093 “Sanitary sewerage” defined. (NRS 459.201) “Sanitary sewerage” means a system of public sewers for carrying off wastewater and refuse. The term does not include sewage treatment facilities, septic tanks or leach fields owned or operated by a licensee.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.094 “Sealed source” defined. (NRS 459.201) “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.
[Bd. of Health, Radiation Control Reg. § 1.2.39, eff. 2-28-80]
NAC 459.0945 “Self-contained breathing apparatus” defined. (NRS 459.201) “Self-contained breathing apparatus” means an atmosphere-supplying respirator for which the breathing air source is designed to be carried by the user.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.095 “Shallow-dose equivalent” defined. (NRS 459.201) “Shallow-dose equivalent” means the dose equivalent to the skin of the whole body or the skin of an extremity that is measured at a tissue depth of 0.007 centimeter (7 mg/cm2).
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06, 11-13-2006)
NAC 459.0955 “Shipper” defined. (NRS 459.201) “Shipper” means an entity, including, without limitation, a waste collector, waste generator or waste processor, that offers low-level radioactive waste for transportation by consigning the waste to a different waste collector or waste processor, or to a land disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.0957 “Shipping papers” defined. (NRS 459.030) “Shipping papers” means Form 540 and, if necessary, Form 540A, published by the Nuclear Regulatory Commission.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.0959 “Sievert” defined. (NRS 459.030) “Sievert” means the special unit of any of the quantities expressed as a dose equivalent that is equal to the absorbed dose in grays multiplied by the quality factor. One sievert is equivalent to 100 rems.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.096 “Source material” defined. (NRS 459.201) “Source material” means:
1. Uranium or thorium, or any combination thereof, in any physical or chemical form; or
2. Ores which contain by weight one-twentieth of one percent (0.05 percent) or more of uranium or thorium, or any combination thereof. Source material does not include special nuclear material.
[Bd. of Health, Radiation Control Reg. § 1.2.40, eff. 2-28-80]
NAC 459.098 “Source of radiation” defined. (NRS 459.201) “Source of radiation” means any radioactive material, or any device or equipment emitting or capable of producing radiation.
[Bd. of Health, Radiation Control Reg. § 1.2.41, eff. 2-28-80]
NAC 459.102 “Special nuclear material in quantities not sufficient to form a critical mass” defined. (NRS 459.201) “Special nuclear material in quantities not sufficient to form a critical mass” means uranium enriched in the isotope uranium 235 in quantities not exceeding 350 grams of contained uranium 235; uranium 233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 grams; or any combination of them in accordance with the following formula:
1. For each kind of special nuclear material, determine the ration between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material.
2. The sum of such ratios for all of the kinds of special nuclear material in combination must not exceed “1” for example, unity. For example, the following quantities in combination would not exceed the limitation and are within the formula:
175 (grams contained U 235) 50 (grams U 233) 50 (grams Pu)
________________________ + ______________ + ___________ = 1
350 200 200
[Bd. of Health, Radiation Control Reg. § 1.2.43, eff. 2-28-80]
NAC 459.103 “Stochastic effect” defined. (NRS 459.201) “Stochastic effect” means the effects on health that occur randomly and for which:
1. The probability of the effect occurring, rather than its severity, is assumed to be a linear function of the dose of radiation; and
2. It is believed that there is no threshold.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1035 “Supplied-air respirator” defined. (NRS 459.201) “Supplied-air respirator” means an atmosphere-supplying respirator for which the source of breathing air is not designed to be carried by the user, and includes, without limitation, an airline respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.104 “Survey” defined. (NRS 459.201) “Survey” means an evaluation of the radiological conditions and potential hazards incident to the production, use, transfer, release, disposal or presence of radioactive material or other sources of radiation. When appropriate, the evaluation includes, but is not limited to, a physical survey of the location of radioactive material and measurements or calculations of levels of radiation, or concentrations or quantities of radioactive material present.
[Bd. of Health, Radiation Control Reg. § 1.2.44, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.106 “Termination” defined. (NRS 459.201) “Termination” means the end of employment with the license or registrant or, in the case of persons not employed by the licensee or registrant, the end of a work assignment in the licensee’s or registrant’s restricted areas in a given calendar quarter, without expectation or specific scheduling of reentry into the restricted areas during the remainder of that calendar quarter.
[Bd. of Health, Radiation Control Reg. § 1.2.51, eff. 2-28-80]
NAC 459.108 “Test” defined. (NRS 459.201) “Test” means a method for determining the characteristics or condition of sources of radiation or components thereof.
[Bd. of Health, Radiation Control Reg. § 1.2.45, eff. 2-28-80]
NAC 459.109 “Threshold” defined. (NRS 459.201) “Threshold” means the dose of radiation below which there are no effects on the health of a person from that dose of radiation.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1092 “Tight-fitting facepiece” defined. (NRS 459.201) “Tight-fitting facepiece” means a respiratory inlet covering that forms a complete seal with the face.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.1095 “Total effective dose equivalent” defined. (NRS 459.201) “Total effective dose equivalent” means the sum of the deep-dose equivalent and the committed effective dose equivalent.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.111 “Total organ dose equivalent” defined. (NRS 459.201) “Total organ dose equivalent” means the sum of the deep-dose equivalent and the committed dose equivalent for the organ receiving the highest dose.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1115 “Uniform manifest” defined. (NRS 459.201) “Uniform manifest” means the combination of NRC Forms 540, 541 and 542, and continuation sheets, as applicable.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.112 “Unrefined and unprocessed ore” defined. (NRS 459.201) “Unrefined and unprocessed ore” means ore in its natural form before any processing, such as grinding, roasting, beneficiating or refining.
[Bd. of Health, Radiation Control Reg. § 1.2.47, eff. 2-28-80]
NAC 459.114 “Unrestricted area” defined. (NRS 459.201) “Unrestricted area” means any area where access is not controlled or limited by the licensee or registrant.
[Bd. of Health, Radiation Control Reg. § 1.2.48, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.1142 “User-performed seal check” defined. (NRS 459.201) “User-performed seal check” means an action conducted by the user of a respirator to determine if the respirator is properly seated to the face. The term includes, without limitation, a negative pressure check, a positive pressure check, an irritant smoke check and an isoamyl acetate check.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.1145 “Very high radiation area” defined. (NRS 459.030, 459.201) “Very high radiation area” means an area, accessible to persons, in which radiation levels from a source of radiation external to the body could result in a person receiving an absorbed dose in excess of 500 rads (5 grays) in 1 hour at 1 meter from:
1. A radiation source; or
2. Any surface that the radiation penetrates.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.1146 “Waste collector” defined. (NRS 459.201) “Waste collector” means an entity that operates pursuant to a license issued by the Nuclear Regulatory Commission or an agreement state whose principal purpose is to:
1. Collect and consolidate waste generated by others; and
2. Transfer this waste without processing or repackaging the waste to another waste collector, waste processor or land disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.1147 “Waste generator” defined. (NRS 459.201) “Waste generator” means:
1. An entity that operates pursuant to a license issued by the Nuclear Regulatory Commission or an agreement state that:
(a) Possesses any material or component that contains radioactivity or is radioactively contaminated for which the licensee foresees no further use; and
(b) Transfers this material or component to a land disposal facility, waste collector or waste processor for handling or treatment before disposal; or
2. An entity that operates pursuant to a license issued by the Nuclear Regulatory Commission or an agreement state that transfers residual waste from its facility to a land disposal facility, waste collector or waste processor for handling or treatment before disposal.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.1148 “Waste processor” defined. (NRS 459.201) “Waste processor” means an entity that operates pursuant to a license issued by the Nuclear Regulatory Commission or an agreement state whose principal purpose is to process, repackage or otherwise treat low-level radioactive material or waste generated by others before the waste is transferred to a licensed land disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.1149 “Waste type” defined. (NRS 459.030) “Waste type” means a waste, within a disposal container, that has a unique physical description. The term includes, without limitation, a waste that has a specific descriptor code and a waste that is sorbed on or solidified in a specifically defined medium.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.115 “Weighting factor” defined. (NRS 459.201) “Weighting factor” means the proportion that the risk of stochastic effects resulting from irradiation of an organ or tissue bears to the total risk of stochastic effects when the whole body is irradiated uniformly, calculated pursuant to the requirements set forth in NAC 459.323.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1152 “Whole body” defined. (NRS 459.201) “Whole body” means, for the purposes of determining external doses, the head, that portion of an arm above the elbow, that portion of a leg above the knee, and the trunk, including the gonads.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1156 “Woman who has declared her pregnancy” defined. (NRS 459.030, 459.201) “Woman who has declared her pregnancy” means a woman who has voluntarily informed the relevant licensee or registrant, in writing, of her pregnancy and the estimated date of conception.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.116 “Worker” defined. (NRS 459.201) “Worker” means a person engaged in work under a license or registration issued by the agency and controlled by a licensee or registrant.
[Bd. of Health, Radiation Control Reg. § 1.2.50, eff. 2-28-80]
RADIATION CONTROL
General Provisions
NAC 459.118 Applicability. (NRS 459.030, 459.201) The provisions of NAC 459.010 to 459.950, inclusive, apply to all persons who receive, possess, use, transfer, own or acquire any source of radiation except as otherwise specifically provided in NAC 459.010 to 459.950, inclusive. Nothing in NAC 459.010 to 459.950, inclusive, applies to any person to the extent he is subject to regulation by the Nuclear Regulatory Commission.
[Bd. of Health, Radiation Control Reg. § 1.1, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.120 Exemptions. (NRS 459.201)
1. The Division may, upon application or its own initiative, grant exemptions or exceptions from the requirements of NAC 459.010 to 459.950, inclusive, as it determines will not result in undue hazard to public health and safety or property.
2. Common and contract carriers, freight forwarders and warehousemen who are subject to the regulations of the United States Department of Transportation or the United States Postal Service, 39 C.F.R. Parts 14 and 15, are exempt from NAC 459.010 to 459.950, inclusive, to the extent that they transport or store sources of radiation in the regular course of their carriage for another or store the sources as an incident to such transportation. Private carriers who are subject to the regulations of the United States Department of Transportation are exempt from NAC 459.010 to 459.950, inclusive, to the extent that they transport sources of radiation. Common, contract and private carriers who are not subject to the regulations of the United States Department of Transportation or the United States Postal Service are subject to applicable sections of NAC 459.010 to 459.950, inclusive.
3. Any contractor or subcontractor of the United States Department of Energy or the Nuclear Regulatory Commission who is in one of the following categories and operating within this State is exempt from NAC 459.010 to 459.950, inclusive, to the extent that, under his contract, he receives, possesses, uses, transfers or acquires sources of radiation:
(a) Any prime contractor performing work for the United States Department of Energy at sites owned or controlled by the United States Government, transporting sources of radiation to or from such sites, or performing contract services during temporary interruptions of such transportation.
(b) Any prime contractor of the United States Department of Energy performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components thereof.
(c) Any prime contractor of the United States Department of Energy using or operating a nuclear reactor or other nuclear device in a vehicle or vessel owned by the United States Government.
(d) Any other prime contractor or subcontractor of the United States Department of Energy or of the Nuclear Regulatory Commission when the State and the Nuclear Regulatory Commission jointly determine that:
(1) The exemption of the prime contractor or subcontractor is authorized by law; and
(2) Under the terms of the contract or subcontract there is adequate assurance that the work thereunder can be accomplished without undue risk to public health or safety.
[Bd. of Health, Radiation Control Reg. §§ 1.3-1.3.3.4, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99)
NAC 459.122 Prohibited equipment. (NRS 459.201) The use of the following equipment is prohibited:
1. Handheld fluoroscopic screens; and
2. Fluoroscopic devices for the fitting of shoes.
[Bd. of Health, Radiation Control Reg. §§ 1.8-1.8.2, eff. 2-28-80]
NAC 459.124 Records. (NRS 459.030, 459.060, 459.201)
1. In addition to other records required by NAC 459.010 to 459.950, inclusive, each licensee and registrant shall maintain records showing his receipt, transfer and disposal of all sources of radiation.
2. A licensee authorized to possess, in an unsealed form, radioactive material with a half-life greater than 120 days shall:
(a) Before his license terminates, forward to the Division:
(1) All records of licensed radioactive material disposed of by the licensee pursuant to NAC 459.3595 to 459.3615, inclusive, including burials authorized before January 28, 1981; and
(2) All records required by paragraph (d) of subsection 2 of NAC 459.3645; and
(b) If the licensee transfers or assigns any licensed activities to another licensee, transfer to the other licensee:
(1) All records of licensed material disposed of by the licensee pursuant to NAC 459.3595 to 459.3615, inclusive, including burials authorized before January 28, 1981; and
(2) All records required by paragraph (d) of subsection 2 of NAC 459.3645.
3. A licensee to whom records are transferred pursuant to paragraph (b) of subsection 2 shall maintain the records until the termination of his license.
4. A licensee whose license is being terminated shall, before his license terminates, forward to the Division the records required by subsection 12 of NAC 459.1955.
[Bd. of Health, Radiation Control Reg. § 1.4, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.126 Inspections. (NRS 459.201)
1. Each licensee and registrant shall, at any reasonable time, permit the Division to inspect sources of radiation and the premises or facilities where sources of radiation are used or stored.
2. Each licensee and registrant shall make available to the Division for inspection, upon reasonable notice, his records maintained pursuant to these regulations.
[Bd. of Health, Radiation Control Reg. §§ 1.5-1.5.2, eff. 2-28-80]
NAC 459.128 Tests. (NRS 459.201) On instruction from the Division, each licensee and registrant shall perform or permit the Division to perform such reasonable tests as the Division deems appropriate or necessary, including, but not limited to, tests of:
1. Sources of radiation;
2. Facilities in which sources of radiation are used or stored;
3. Instruments for detection and monitoring of radiation; and
4. Other equipment and devices used in connection with the use or storage of licensed or registered sources of radiation.
[Bd. of Health, Radiation Control Reg. §§ 1.6-1.6.4, eff. 2-28-80]
NAC 459.134 Communications with Division. (NRS 459.201) All communications and reports concerning the provisions of NAC 459.010 to 459.950, inclusive, and copies of regulatory guides and applications filed under those provisions should be addressed to the Radiological Health Section, Health Division, 505 East King Street, Carson City, Nevada 89701.
[Bd. of Health, Radiation Control Reg. § 1.9, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99)
NAC 459.135 Deliberate misconduct; enforcement action. (NRS 459.030)
1. A licensee, an employee of a licensee, a contractor or subcontractor of a licensee, or an employee of a contractor or subcontractor of a licensee, who knowingly provides to a licensee, or to a contractor or subcontractor of a licensee, any component, equipment, material or other good or service that relates to the activities of the licensee pursuant to this chapter shall not:
(a) Engage in deliberate misconduct; or
(b) Deliberately submit to the Division, a licensee, or a contractor or subcontractor of a licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Division.
2. A person who violates subsection 1 may be subject to an enforcement action by the Division.
3. As used in this section:
(a) “Contractor” includes a supplier and a consultant.
(b) “Deliberate misconduct” means an intentional act or omission that the person knows:
(1) Would cause or, if not detected, would have caused, a licensee to be in violation of any rule, regulation or order of the Division, or of any term, condition or limitation of a license issued by the Division; or
(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor or subcontractor.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.136 Procedure for review of actions taken by Division; appeals. (NRS 459.201)
1. Any licensee or registrant who has reason to believe that an action by the Division or one or more of the Division’s staff members pursuant to NAC 459.118 to 459.950, inclusive, concerning him has been incorrect or based on inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee responsible for the action and the immediate supervisor of the employee.
2. If the informal discussion does not resolve the problem, the aggrieved person may, within 10 business days after the date scheduled for the informal discussion, submit a written request to the Bureau for an informal conference. The informal conference must be scheduled for a date, place and time mutually agreed upon by the aggrieved person and the Bureau, except that the informal conference must be held no later than 60 days after the date on which the Bureau received the written request.
3. Except as otherwise provided in subsection 4, the determination of the Bureau resulting from the informal conference cannot be appealed and is the final remedy available to the aggrieved person.
4. An applicant for or holder of a license or registration issued pursuant to NAC 459.118 to 459.950, inclusive, who is aggrieved by the Health Division taking any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, may appeal that action in accordance with NAC 439.300 to 439.395, inclusive, after exhausting the informal procedures set forth in this section, except that the Bureau may waive the informal procedures, or any portion thereof, by giving written notice to the aggrieved person.
5. As used in this section, “Bureau” means the Bureau of Health Protection Services of the Health Division of the Department of Health and Human Services or its successor.
[Bd. of Health, Radiation Control Reg. §§ 12.1-12.1.4, eff. 2-28-80]—(NAC A 9-6-88; 10-30-97)
NAC 459.138 Change of method for determining calendar quarters. (NRS 459.201) No licensee or registrant may change the method observed by him for determining calendar quarters for purposes of NAC 459.010 to 459.950, inclusive, except at the beginning of a calendar year.
[Bd. of Health, Radiation Control Reg. part § 1.2.6, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99)
NAC 459.140 Variances. (NRS 459.201) A request for a variance must be made in accordance with the procedures in chapter 439 of NAC, regulations governing the procedures for seeking variances from board regulations.
[Bd. of Health, Radiation Control Reg. §§ 12.2 & 12.2.1, eff. 2-28-80]
NAC 459.141 Termination of declaration of woman who has declared her pregnancy. (NRS 459.030) The declaration of a woman who has declared her pregnancy remains in effect until the woman making the declaration:
1. Withdraws the declaration in writing; or
2. Is no longer pregnant.
(Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.142 Severability. (NRS 459.201) If any of the provisions of NAC 459.010 to 459.950, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.
[Bd. of Health, Radiation Control Reg. § 1.10, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99)
Registration of Radiation Machines
NAC 459.150 Scope of provisions; registration required. (NRS 459.201)
1. NAC 459.150 to 459.166, inclusive, provide for the registration of radiation machines and registration of persons who install or perform service upon radiation machines.
2. No person may repair, maintain or install radiation machines unless he is registered in conformance with the requirement of NAC 459.150 to 459.166, inclusive.
3. A person may operate a radiation machine only if there is a valid registration or the operator is registered with the Division to install, service or repair the machine.
[Bd. of Health, Radiation Control Reg. §§ 2.12.1.2, eff. 2-28-80; § 2.1.3, eff. 10-15-81]—(NAC A 4-27-84; 9-1-89)
NAC 459.152 Exemptions from requirements. (NRS 459.201)
1. Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the requirements of registration and notification in NAC 459.150 to 459.166, inclusive, if the dose equivalent rate, averaged over an area of 10 square centimeters, does not exceed 0.5 mrem per hour at 5 cm from any accessible surface of the equipment. The production, testing or factory servicing of the equipment is not exempt.
2. Radiation machines which:
(a) Are in transit or in storage incident to transportation; or
(b) Have been previously registered and are disassembled or in storage,
Ê are exempt from the requirements of NAC 459.150 to 459.166, inclusive.
3. Domestic television receivers are exempt from the requirements of NAC 459.150 to 459.166, inclusive.
[Bd. of Health, Radiation Control Reg. §§ 2.2-2.2.3, eff. 2-28-80]—(NAC A 4-27-84)
NAC 459.154 Applications for registration; temporary use of portable machine. (NRS 439.150, 459.201)
1. Except as otherwise provided in subsection 2, each person who controls an unregistered, operational radiation machine shall apply to the Division for registration of the machine within 30 days after installing the machine.
2. A person who brings a portable machine into this State for a temporary use of 180 days or less in any calendar year:
(a) Must apply to the Division for registration of the machine for a temporary use at least 3 working days before using it in this State;
(b) Shall comply with all other applicable provisions of NAC 459.010 to 459.950, inclusive;
(c) Shall furnish the Division with any other information it may reasonably request; and
(d) Shall not use the machine in this State more than 180 days per calendar year.
3. The application must be made on the Division’s Form NRC-4, Application for Registration of Radiation Machine. A copy of the form may be obtained from the Division. A separate application and registration are required for each control console of a radiation machine.
4. Each application for registration of an X-ray machine must contain a list of the numbers of the X-ray tubes associated with a control panel.
5. Each person who controls a radiation machine must designate on the application form a person where the machine is located who is responsible for protection against radiation.
6. Each person who seeks to engage in the business of installing radiation machines, furnishing services or repairing radiation machines in this State must apply for registration with the Division and receive a certificate of registration before furnishing any services.
7. Each application for registration by a person to install, service or repair radiation machines must be accompanied by a nonrefundable annual fee of $70 or the application must not be acted upon by the Division.
[Bd. of Health, Radiation Control Reg. §§ 2.3, 2.3.2, & 2.3.3, eff. 2-28-80; § 2.3.1, eff. 2-28-80; A 10-15-81; §§ 2.3.1.1 & 2.3.1.2, eff. 10-15-81]—(NAC A 4-27-84; 6-23-86; 9-6-88; 9-6-88; 4-18-90; 1-24-92; R084-98, 1-26-99; R149-03, 12-3-2003)
NAC 459.156 Registration certificate: Issuance; incorporation of additional requirements and conditions. (NRS 459.201)
1. Upon a determination that an applicant meets the requirements of NAC 459.150 to 459.166, inclusive, the Division shall issue a registration certificate for the radiation machine or for the person installing, servicing or repairing radiation machines on the appropriate form.
2. The Division may incorporate in the registration certificate at the time of issuance or thereafter by appropriate regulations or order any additional requirements and conditions with respect to the receipt, possession, use and transfer of radiation machines by the registrant as it deems appropriate or necessary.
[Bd. of Health, Radiation Control Reg. §§ 2.4-2.4.2, eff. 2-28-80]—(NAC A 4-27-84)
NAC 459.158 Registration certificate: Expiration. (NRS 459.201) Except as provided by NAC 459.160, each registration certificate expires on the last day of the month and year indicated on the certificate or 30 days after notification of expiration by the Division.
[Bd. of Health, Radiation Control Reg. § 2.5, eff. 2-28-80]—(NAC A 4-27-84)
NAC 459.160 Registration certificate: Renewal. (NRS 459.201)
1. An application for renewal of registration must be filed in accordance with NAC 459.154.
2. If a registrant files an application for renewal of his registration accompanied by the appropriate fee at least 10 days before its expiration, his registration does not expire until the status of his registration has been determined by the Division.
[Bd. of Health, Radiation Control Reg. §§ 2.6 & 2.6.1, eff. 2-28-80; § 2.6.2, eff. 2-28-80; A 10-15-81]—(NAC A 4-27-84)
NAC 459.161 Fees; failure to submit fee. (NRS 439.150, 459.201)
1. An application for the registration of a radiation machine submitted pursuant to NAC 459.154 must be accompanied by a nonrefundable fee for each X-ray tube or electron source which is installed in the radiation machine, as follows:
(a) Medical use, other than mammography, $250.
(b) Veterinary use, $75.
(c) Dental use, $70.
(d) Industrial use, $100.
(e) Academic use, $75.
(f) Accelerator, $275.
2. Except as otherwise provided in subsection 3, if the Division issues a registration certificate pursuant to NAC 459.156, the registrant must, for each year the certificate is valid, submit to the Division a nonrefundable renewal fee in an amount equal to the appropriate fee set forth in subsection 1.
3. The renewal fee must be received by the Division not later than the date on which the registration expires. If the fee is not received by that date, the registrant must:
(a) Stop operating the radiation machine which does not have a valid registration on or before the date the registration expires; or
(b) Submit to the Division within 5 days after the registration expires:
(1) An application for renewal of the registration;
(2) A fee in an amount that is equal to the appropriate fee set forth in subsection 1; and
(3) A fee for late payment of $50 per registration.
4. Any application for registration or renewal of registration which is not accompanied by the appropriate fees will not be acted upon by the Division until such fees are paid.
5. An application for a certificate of authorization for a radiation machine must be accompanied by a nonrefundable fee for each machine as required pursuant to NAC 457.295.
(Added to NAC by Bd. of Health, eff. 9-1-89; A 1-24-92; 11-1-95; R149-03, 12-3-2003; R085-06, 11-13-2006)
NAC 459.162 Report of changes. (NRS 459.201) The registrant shall notify the Division in writing before making any change which would render the information contained in his application for registration or his registration certificate, or both, no longer accurate.
[Bd. of Health, Radiation Control Reg. § 2.7, eff. 2-28-80]
NAC 459.164 Advertisement. (NRS 459.201) No person may advertise the fact that he or his facility is registered with the Division pursuant to the provisions of NAC 459.150 to 459.166, inclusive, or imply that any activity under the registration has been approved by the Division.
[Bd. of Health, Radiation Control Reg. § 2.8, eff. 2-28-80]—(NAC A 4-27-84)
NAC 459.166 Transfer, loan, disposal, assembly or installation of machine, supplies or equipment. (NRS 459.201)
1. Any person who sells, leases, transfers, lends, disposes, assembles or installs radiation machines in this State or sells, leases, transfers or disposes of a radiation machine currently registered in this State shall, within 15 days, notify the Division of:
(a) The name and address of each person who has received such a machine;
(b) The manufacturer, model and serial number of each control console and X-ray tube transferred; and
(c) The date of transfer of each machine.
2. A person shall not make, sell, lease, transfer, lend, assemble or install any radiation machine or the supplies and equipment used in connection with such a machine unless the machine and any supplies and equipment, when properly placed in operation and used, meet the applicable requirements of NAC 459.010 to 459.950, inclusive.
[Bd. of Health, Radiation Control Reg. §§ 2.9-2.9.2, eff. 2-28-80]—(NAC A 4-27-84; R084-98, 1-26-99)
Licensing of Radioactive Material
NAC 459.180 Applicable provisions. (NRS 459.030, 459.201)
1. The provisions of NAC 459.180 to 459.314, inclusive, provide for the licensing of radioactive materials. No person may receive, possess, use, transfer, own or acquire radioactive material except as authorized in a specific or general license issued pursuant to NAC 459.180 to 459.314, inclusive, or as otherwise provided in those sections.
2. In addition to the requirements of NAC 459.180 to 459.314, inclusive, all licensees are subject to the requirements of NAC 459.010 to 459.142, inclusive, 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive. Licensees engaged in industrial radiography are subject to the requirements of NAC 459.737 and licensees using radioactive materials in the healing arts are subject to the requirements of NAC 459.3066, 459.3801 and 459.3805.
[Bd. of Health, Radiation Control Reg. §§ 3.1 & 3.1.1, eff. 2-28-80; § 3.1.2, eff. 2-28-80; A 10-15-81]—(NAC A 4-27-84; 9-1-89; 1-18-94; 11-1-95; R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.182 Exemptions for source materials. (NRS 459.201)
1. Any person is exempt from NAC 459.180 to 459.314, inclusive, to the extent that he receives, possesses, uses, owns or transfers source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than 0.05 percent of the mixture, compound, solution or alloy.
2. Any person is exempt from NAC 459.180 to 459.314, inclusive, to the extent that he receives, possesses, uses or transfers unrefined and unprocessed ore containing source material. Except as authorized in a specific license, such a person may not refine or process such ore.
3. Any person is exempt from NAC 459.180 to 459.314, inclusive, to the extent that he receives, possesses, uses or transfers any of the following:
(a) Any quantities of thorium contained in:
(1) Incandescent gas mantles;
(2) Vacuum tubes;
(3) Welding rods;
(4) Electric lamps for illuminating purposes if each lamp does not contain more than 50 milligrams of thorium;
(5) Germicidal lamps, sunlamps and lamps for outdoor or industrial lighting, if each lamp does not contain more than 2 grams of thorium;
(6) Rare earth metals and compounds, mixtures and products containing not more than 0.25 percent by weight thorium, uranium or any combination of these; or
(7) Personnel neutron dosimeters if each dosimeter does not contain more than 50 milligrams of thorium.
(b) Source material contained in the following products:
(1) Glazed ceramic tableware, if the glaze contains not more than 20 percent by weight source material;
(2) Glassware containing not more than 10 percent by weight source material, but not including commercially manufactured glass brick, pane glass, ceramic tile or other glass, glass enamel or ceramic used in construction; or
(3) Piezoelectric ceramic containing not more than 2 percent by weight source material.
(c) Photographic film, negatives and prints containing uranium or thorium.
(d) Any finished product or part which is fabricated of or contains tungsten-thorium or magnesium-thorium alloys if the thorium content of the alloy does not exceed 4 percent by weight. This exemption does not authorize the chemical, physical, or metallurgical treatment or processing of any such product or part.
(e) Uranium contained in counterweights installed in aircraft, rockets, projectiles and missiles, or stored or handled in connection with installation or removal of counterweights if:
(1) The counterweights are manufactured in accordance with a specific license issued by the Nuclear Regulatory Commission authorizing distribution by the licensee pursuant to 10 C.F.R. Part 40;
(2) Each counterweight has been impressed with the following legend clearly legible through the plating or other covering: “DEPLETED URANIUM”;
(3) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: “UNAUTHORIZED ALTERATIONS PROHIBITED”;
(4) The exemption contained in paragraph (e) does not authorize the chemical, physical or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering; and
(5) The requirements specified in subparagraphs (2) and (3) above need not be met by counterweights manufactured before December 31, 1969, provided that such counterweights are impressed with the legend, “CAUTION - RADIOACTIVE MATERIAL - URANIUM,” as previously required by the regulations of the Board before February 28, 1980.
(f) Natural or depleted uranium metal used as shielding in any shipping container, if:
(1) The shipping container is conspicuously and legibly impressed with the legend “CAUTION - RADIOACTIVE SHIELDING - URANIUM”; and
(2) The uranium metal is encased in mild steel or an equally fire resistant metal with a wall thickness of one-eighth of an inch.
(g) Thorium contained in finished optical lenses, if each lens does not contain more than 30 percent by weight of thorium. The exemption contained in this paragraph does not authorize either:
(1) The shaping, grinding or polishing of such lenses or manufacturing processes other than the assembly of such lenses into optical systems and devices without any alteration of the lenses; or
(2) The receipt, possession, use or transfer of thorium contained in contact lenses, in spectacles, or in eyepieces in binoculars or other optical instruments.
(h) Uranium contained in detector heads for use in fire-detection units if each detector head contains not more than 0.005 microcurie of uranium.
(i) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, if:
(1) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and
(2) The thorium content in the nickel-thoria alloy does not exceed 4 percent by weight.
4. The exemptions in subsection 3 do not authorize the manufacture of any of the products described.
[Bd. of Health, Radiation Control Reg. §§ 3.2-3.2.1.4, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99)
NAC 459.184 Exemption for certain concentrations and quantities of radioactive material other than source material. (NRS 459.030, 459.201)
1. Except as otherwise provided in subsection 2, any person is exempt from NAC 459.180 to 459.314, inclusive, to the extent that he receives, possesses, uses, transfers, owns or acquires products or materials containing:
(a) Radioactive material in concentrations not in excess of those listed in NAC 459.186; or
(b) Naturally occurring radioactive material that contains less than 5 picocuries of radium 226 per gram of material.
2. A person shall not introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under subsection 1 or the equivalent regulations of the Nuclear Regulatory Commission or any agreement state, except in accordance with a specific license issued pursuant to NAC 459.276 or the general licenses provided in NAC 459.210.
3. Except as otherwise provided in subsections 4 and 5, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, to the extent that he receives, possesses, uses, transfers, owns or acquires radioactive material in individual quantities each of which does not exceed the applicable quantity set forth in NAC 459.188.
4. The provisions of NAC 459.180 to 459.314, inclusive, do not authorize the production, packaging or repackaging of radioactive material for purposes of commercial distribution or the incorporation of radioactive material into products intended for commercial distribution.
5. A person shall not, for purposes of commercial distribution, transfer radioactive material in the individual quantities in NAC 459.188, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under subsections 3 and 4 or the equivalent regulations of the Nuclear Regulatory Commission or any agreement state, except in accordance with a specific license issued by the Nuclear Regulatory Commission pursuant to 10 C.F.R. § 32.18 or by the Division pursuant to NAC 459.278. The license must state that the radioactive material may be transferred by the licensee to persons exempt under subsections 3 and 4 or the equivalent regulations of the Nuclear Regulatory Commission or any agreement state.
[Bd. of Health, Radiation Control Reg. §§ 3.2.2-3.2.2.2.3, eff. 2-28-80]—(NAC A by R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.186 Table of exempt concentrations. (NRS 459.201) Exempt concentrations are:
|
Element (atomic number) |
Isotope |
Column I Gas con- centration mCi/ml1 |
Column II Liquid and solid concen- tration mCi/ml2 |
|
|
|
|
|
|
Antimony (51) |
Sb 122 |
|
3 x 10-4 |
|
|
Sb 124 |
|
2 x 10-4 |
|
|
Sb 125 |
|
1 x 10-3 |
|
Argon (18) |
Ar 37 |
1 x 10-3 |
|
|
|
Ar 41 |
4 x 10-7 |
|
|
Arsenic (33) |
As 73 |
|
5 x 10-3 |
|
|
As 74 |
|
5 x 10-4 |
|
|
As 76 |
|
2 x 10-4 |
|
|
As 77 |
|
8 x 10-4 |
|
Barium (56) |
Ba 131 |
|
2 x 10-3 |
|
|
Ba 140 |
|
3 x 10-4 |
|
Beryllium (4) |
Be 7 |
|
2 x 10-2 |
|
Bismuth (83) |
Bi 206 |
|
4 x 10-4 |
|
Bromine (35) |
Br 82 |
4 x 10-7 |
3 x 10-3 |
|
Cadmium (48) |
Cd 109 |
|
2 x 10-3 |
|
|
Cd 115m |
|
3 x 10-4 |
|
|
Cd 115 |
|
3 x 10-4 |
|
Calcium (20) |
Ca 45 |
|
9 x 10-5 |
|
|
Ca 47 |
|
5 x 10-4 |
|
Carbon (6) |
C 14 |
1 x 10-6 |
8 x 10-3 |
|
Cerium (58) |
Ce 141 |
|
9 x 10-4 |
|
|
Ce 143 |
|
4 x 10-4 |
|
|
Ce 144 |
|
1 x 10-4 |
|
Cesium (55) |
Cs 131 |
|
2 x 10-2 |
|
|
Cs 134m |
|
6 x 10-2 |
|
|
Cs 134 |
|
9 x 10-5 |
|
Chlorine (17) |
Cl 38 |
9 x 10-7 |
4 x 10-3 |
|
Chromium (24) |
Cr 51 |
|
2 x 10-2 |
|
Cobalt (27) |
Co 57 |
|
5 x 10-3 |
|
|
Co 58 |
|
1 x 10-3 |
|
|
Co 60 |
|
5 x 10-4 |
|
Copper (29) |
Cu 64 |
|
3 x 10-3 |
|
Dysprosium (66) |
Dy 165 |
|
4 x 10-3 |
|
|
Dy 166 |
|
4 x 10-4 |
|
Erbium (68) |
Er 169 |
|
9 x 10-4 |
|
|
Er 171 |
|
1 x 10-3 |
|
Europium (63) |
Eu 152 |
|
6 x 10-4 |
|
|
(Tr=9.2 h) |
|
|
|
|
Eu 155 |
|
2 x 10-3 |
|
Fluorine (9) |
F 18 |
2 x 10-6 |
8 x 10-3 |
|
Gadolinium (64) |
Gd 153 |
|
2 x 10-3 |
|
|
Gd 159 |
|
8 x 10-4 |
|
Gallium (31) |
Ga 72 |
|
4 x 10-4 |
|
Germanium (32) |
Ge 71 |
|
2 x 10-2 |
|
Gold (79) |
Au 196 |
|
2 x 10-3 |
|
|
Au 198 |
|
5 x 10-4 |
|
|
Au 199 |
|
2 x 10-3 |
|
Hafnium (72) |
Hf 181 |
|
7 x 10-4 |
|
Hydrogen (1) |
H 3 |
5 x 10-6 |
3 x 10-2 |
|
Indium (49) |
In 113m |
|
1 x 10-2 |
|
|
In 114m |
|
2 x 10-4 |
|
Iodine (53) |
I 126 |
3 x 10-9 |
2 x 10-5 |
|
|
I 131 |
3 x 10-9 |
2 x 10-5 |
|
|
I 132 |
8 x 10-8 |
6 x 10-4 |
|
|
I 133 |
1 x 10-8 |
7 x 10-5 |
|
|
I 134 |
2 x 10-7 |
1 x 10-3 |
|
Iridium (77) |
Ir 190 |
|
2 x 10-3 |
|
|
Ir 192 |
|
4 x 10-4 |
|
|
Ir 194 |
|
3 x 10-4 |
|
Iron (26) |
Fe 55 |
|
8 x 10-3 |
|
|
Fe 59 |
|
6 x 10-4 |
|
Krypton (36) |
Kr 85m |
1 x 10-6 |
|
|
|
Kr 85 |
3 x 10-6 |
|
|
Lanthanum (57) |
La 140 |
|
2 x 10-4 |
|
Lead (82) |
Pb 203 |
|
4 x 10-3 |
|
Lutetium (71) |
Lu 177 |
|
1 x 10-3 |
|
Manganese (25) |
Mn 52 |
|
3 x 10-4 |
|
|
Mn 54 |
|
1 x 10-3 |
|
|
Mn 56 |
|
1 x 10-3 |
|
Mercury (80) |
Hg 197m |
|
2 x 10-3 |
|
|
Hg 197 |
|
3 x 10-3 |
|
|
Hg 203 |
|
2 x 10-4 |
|
Molybdenum (42) |
Mo 99 |
|
2 x 10-3 |
|
Neodymium (60) |
Nd 147 |
|
6 x 10-4 |
|
|
Nd 149 |
|
3 x 10-3 |
|
Nickel (28) |
Ni 65 |
|
1 x 10-3 |
|
Niobium |
|
|
|
|
(Columbium) (41) |
Nb 95 |
|
1 x 10-3 |
|
|
Nb 97 |
|
9 x 10-3 |
|
Osmium (76) |
Os 185 |
|
7 x 10-4 |
|
|
Os 191m |
|
3 x 10-2 |
|
|
Os 191 |
|
2 x 10-3 |
|
|
Os 193 |
|
6 x 10-4 |
|
Palladium (46) |
Pd 103 |
|
3 x 10-3 |
|
|
Pd 109 |
|
9 x 10-4 |
|
Phosphorus (15) |
P 32 |
|
2 x 10-4 |
|
Platinum (78) |
Pt 191 |
|
1 x 10-3 |
|
|
Pt 193m |
|
1 x 10-2 |
|
|
Pt 197m |
|
1 x 10-2 |
|
|
Pt 197 |
|
1 x 10-3 |
|
Potassium (19) |
K 42 |
|
3 x 10-3 |
|
Praseodymium (59) |
Pr 142 |
|
3 x 10-4 |
|
|
Pr 143 |
|
5 x 10-4 |
|
Promethium (61) |
Pm 147 |
|
2 x 10-3 |
|
|
Pm 149 |
|
4 x 10-4 |
|
Rhenium (75) |
Re 183 |
|
6 x 10-3 |
|
|
Re 186 |
|
9 x 10-4 |
|
|
Re 188 |
|
6 x 10-4 |
|
Rhodium (45) |
Rh 103m |
|
1 x 10-1 |
|
|
Rh 105 |
|
1 x 10-3 |
|
Rubidium (37) |
Rb 86 |
|
7 x 10-4 |
|
Ruthenium (44) |
Ru 97 |
|
4 x 10-3 |
|
|
Ru 103 |
|
8 x 10-4 |
|
|
Ru 105 |
|
1 x 10-3 |
|
|
Ru 106 |
|
1 x 10-4 |
|
Samarium (62) |
Sm 153 |
|
8 x 10-4 |
|
Scandium (21) |
Sc 46 |
|
4 x 10-4 |
|
|
Sc 47 |
|
9 x 10-4 |
|
|
Sc 48 |
|
3 x 10-4 |
|
Selenium (34) |
Se 75 |
|
3 x 10-3 |
|
Silicon (14) |
Si 31 |
|
9 x 10-3 |
|
Silver (47) |
Ag 105 |
|
1 x 10-3 |
|
|
Ag 110m |
|
3 x 10-4 |
|
|
Ag 111 |
|
4 x 10-4 |
|
Sodium (11) |
Na 24 |
|
2 x 10-3 |
|
Strontium (38) |
Sr 85 |
|
1 x 10-3 |
|
|
Sr 89 |
|
1 x 10-4 |
|
|
Sr 91 |
|
7 x 10-4 |
|
|
Sr 92 |
|
7 x 10-4 |
|
Sulfur (16) |
S 35 |
9 x 10-8 |
6 x 10-4 |
|
Tantalum (73) |
Ta 182 |
|
4 x 10-4 |
|
Technetium (43) |
Tc 96m |
|
1 x 10-1 |
|
|
Tc 96 |
|
1 x 10-3 |
|
Tellurium (52) |
Te 125m |
|
2 x 10-3 |
|
|
Te 127m |
|
6 x 10-4 |
|
|
Te 127 |
|
3 x 10-3 |
|
|
Te 129m |
|
3 x 10-4 |
|
|
Te 131m |
|
6 x 10-4 |
|
|
Te 132 |
|
3 x 10-4 |
|
Terbium (65) |
Tb 160 |
|
4 x 10-4 |
|
Thallium (81) |
Tl 200 |
|
4 x 10-3 |
|
|
Tl 201 |
|
3 x 10-3 |
|
|
Tl 202 |
|
1 x 10-3 |
|
|
Tl 204 |
|
1 x 10-3 |
|
Thulium (69) |
Tm 170 |
|
5 x 10-4 |
|
|
Tm 171 |
|
5 x 10-3 |
|
Tin (50) |
Sn 113 |
|