[Rev. 2/11/2014 12:37:57 PM]

[NAC-459 Revised Date: 1-14]

CHAPTER 459 - HAZARDOUS MATERIALS

GENERAL PROVISIONS

459.010            Definitions.

459.012            “Absorbed dose” defined.

459.013            “Accelerator-produced radioactive 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.

459.0182          “Air-purifying respirator” defined.

459.0185          “Annual limit on intake” defined.

459.019            “Appendix A” defined.

459.0192          “Appendix B” defined.

459.0194          “Appendix C” defined.

459.0195          “Appendix E” 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.

459.02068        “Authorized medical physicist for electronic brachytherapy” 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.

459.02585        “Consortium” 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.

459.0294          “Discrete source” defined.

459.0295          “Disposable respirator” 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.

459.03525        “Electronic brachytherapy” defined.

459.0353          “Electronic brachytherapy source” defined.

459.03535        “Electronic brachytherapy system” 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.

459.0385          “Filtering facepiece” or “dust mask” 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.

459.041            “Helmet” defined.

459.042            “High radiation area” defined.

459.043            “Hood” 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.

459.0505          “Loose-fitting facepiece” defined.

459.0506          “Lost or missing sources of radiation” defined.

459.0507          “Medical event” defined.

459.0508          “Medical use of radioactive material” and “medical use” defined.

459.051            “Member of the public” defined.

459.0512          “Minor” defined.

459.0515          “Mobile electronic brachytherapy” defined.

459.0516          “Monitoring” defined.

459.0517          “National Source Tracking System” defined.

459.0518          “National Source Tracking Transaction Report” defined.

459.0519          “Nationally tracked source” 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.

459.06455        “Portable shielding” 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.

459.1025          “Specific training on the system provided by the manufacturer” 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.

459.11455        “Waste” 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; exceptions.

459.181            Compliance with federal regulations in transport of licensed material.

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, ionization chamber smoke detectors, 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.

459.1985          Nationally tracked sources: Assignment of unique serial numbers.

459.199            Nationally tracked sources: Reporting requirements; reconciliation of inventory with data in National Source Tracking System.

459.1997          Adoption by reference and revision of certain provisions of federal regulations regarding packaging and transportation of radioactive material.

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.

459.217            General licenses: Radium-226 contained in certain products.

459.2175          General licenses: Labeling of certain sources of radium-226.

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.

459.261            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.

459.2923          Specific licenses: Manufacture or initial transfer of calibration or reference sources.

459.2927          Specific licenses: Holder of license issued pursuant to NAC 459.2923 to perform dry wipe test before transferring source.

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.

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.

459.307            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.

459.3125          Disposal of by-product material.

459.313            Shipment of radioactive waste or by-product material for disposal at licensed land disposal facility.

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.

459.5585          Instruction on radiation safety.

459.559            Quality management program.

459.5595          Requirements for registrants of portable equipment which is hand-held and facilities which house such equipment.

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.

459.581            Registration of electronic brachytherapy systems or additional therapeutic X-ray 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.

459.5921          Therapeutic X-ray systems: Submission of certain information to Division before installation of certain devices.

459.5922          Therapeutic X-ray systems: Requirements for authorized users.

459.5923          Therapeutic X-ray systems: Requirements for authorized medical physicist for electronic brachytherapy.

459.5924          Therapeutic X-ray systems: Requirements for radiation safety officers.

459.5925          Therapeutic X-ray systems: Requirements for persons who are not authorized users.

459.5926          Therapeutic X-ray systems: Requirements for use; posting of certain procedures; duties of registrants.

459.5927          Therapeutic X-ray systems: Radiation protection survey; portable monitoring equipment.

459.593            Electronic brachytherapy devices: Requirements for installation, maintenance, adjustment, service or repair.

459.5931          Electronic brachytherapy devices: Fees.

459.5932          Electronic brachytherapy devices: Validation of output; calibration.

459.5933          Electronic brachytherapy devices: Calibration of dosimetry system.

459.5934          Electronic brachytherapy devices: Spot checks.

459.5935          Electronic brachytherapy devices: Requirements for mobile electronic brachytherapy.

459.5936          Electronic brachytherapy devices: Acceptance test; comparison of position indicators; evaluation and approval of parameters for treatment.

459.5937          Electronic brachytherapy devices: Quality assurance program.

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; additional requirements.

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 or revocation of license.

459.890            Reinstatement of suspended 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: Submission; 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: Submission; 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        Request 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.

459.99177        Request 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 of decision of Commission or staff member of Commission.

STORAGE TANKS

459.9921          Definitions.

459.9922          “Assessment” defined.

459.99233        “Class A operator” defined.

459.99236        “Class B operator” defined.

459.99239        “Class C operator” defined.

459.9924          “Corrective action” defined.

459.9925          “Department” defined.

459.9927          “Division” defined.

459.9928          “Groundwater” defined.

459.99283        “Listed” defined.

459.99285        “Marina storage tank” defined.

459.99286        “Motor fuel” defined.

459.99287        “Petroleum” defined.

459.99288        “Red tag” defined.

459.992885     “Secondary containment system” defined.

459.99289        “Under-dispenser container” 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.

459.99395        Underground storage tanks: Designation of Class A operators, Class B operators and Class C operators.

459.99396        Underground storage tanks: Training programs for Class A operators and Class B operators.

459.99397        Underground storage tanks: Training programs for Class C operators.

459.994            Underground storage tanks: Testing for tightness.

459.9941          Underground storage tanks: Ineligibility to receive delivery of regulated substance; placement of red tag.

459.9942          Underground storage tanks: Notice of determination that tank is ineligible to receive delivery of regulated substance.

459.9943          Underground storage tanks: Request for or acceptance of delivery of regulated substance to tank marked with red tag prohibited; deferral of prohibition.

459.9944          Underground storage tanks: Reclassification of tank marked with red tag as eligible to receive delivery of regulated substance.

459.9945          Underground storage tanks: Secondary containment system required on tank installed on or after July 1, 2008; exceptions.

459.9946          Underground storage tanks: Secondary containment system required upon replacement of tank or piping; exceptions.

459.9947          Underground storage tanks: Duties of owner or operator required to implement secondary containment system.

459.9948          Underground storage tanks: Under-dispenser container required for certain motor fuel dispensers.

459.9949          Underground storage tanks: Exemption from requirements to implement secondary containment system or install under-dispenser container.

459.99495        Underground storage tanks: Retraining of Class A operators or Class B operators under certain circumstances.

459.995            Financial responsibility of owners and operators.

459.996            Releases: Reporting; protection of site; inspection by Division.

459.9972          Assessment required before closure of tank; notice of contaminated soil or groundwater; removal of tank from ground.

459.9985          No relief of responsibility to secure approval or permit.

459.9988          Corrective action concerning soil or groundwater; assessment of contaminated soil or water.

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; R149-07, 1-30-2008; R185-08, 5-7-2010)

      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 459.013  “Accelerator-produced radioactive material” defined. (NRS 459.201)  “Accelerator-produced radioactive material” means, except as otherwise provided in NAC 459.0525, any material made radioactive by a particle accelerator.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 459.0182  “Air-purifying respirator” defined. (NRS 459.201)  “Air-purifying respirator” means a respirator with an air-purifying filter, cartridge or canister that removes specific air contaminants by passing ambient air through the air-purifying element.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 or her 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 November 30, 2007, with the following revisions to the List of Elements:

     1.  “Femium (Fm) with Atomic Number 100” shall be deemed to mean “Fermium (Fm) with Atomic Number 100”;

     2.  “Hafniim (Hf) with Atomic Number 72” shall be deemed to mean “Hafnium (Hf) with Atomic Number 72”; and

     3.  “Tantaium (Ta) with Atomic Number 73” shall be deemed to mean “Tantalum (Ta) with Atomic Number 73.”

     (Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06, 11-13-2006; R185-08, 5-7-2010)

      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 459.0195  “Appendix E” defined. (NRS 459.201)  “Appendix E” means Appendix E to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive, as those provisions existed on November 8, 2006.

     (Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)

      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 or she 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 459.02068  “Authorized medical physicist for electronic brachytherapy” defined. (NRS 459.201)  “Authorized medical physicist for electronic brachytherapy” means a person who has met the requirements of NAC 459.5923.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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; A by Bd. of Health by R149-07, 1-30-2008)

      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” means:

     1.  Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or making use of special nuclear material;

     2.  The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore which is processed primarily for its source material content, including, without limitation, discrete surface wastes resulting from uranium solution extraction processes, except for underground ore bodies which are depleted by operations to extract such solutions;

     3.  Any discrete source of radium-226 that is produced, extracted or converted after extraction for use in a commercial, medical or research activity before, on or after August 8, 2005;

     4.  Any material which:

     (a) Is an accelerator-produced radioactive material; and

     (b) Is produced, extracted or converted after extraction for use in a commercial, medical or research activity before, on or after August 8, 2005; or

     5.  Except for source material, any discrete source of naturally occurring radioactive material which:

     (a) The Nuclear Regulatory Commission, in consultation with the Administrator of the United States Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and

     (b) Is extracted or converted after extraction for use in a commercial, medical or research activity before, on or after August 8, 2005.

     [Bd. of Health, Radiation Control Reg. § 1.2.5, eff. 2-28-80]—(NAC A by R185-08, 5-7-2010)

      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 459.02585  “Consortium” defined. (NRS 459.201)  “Consortium” means an association of medical use licensees and a production facility for positron emission tomography radionuclides, located at an educational institution or medical facility, which:

     1.  Are in the same geographical area; and

     2.  Jointly own or share in the operation and maintenance costs of the production facility which produces positron emission tomography radionuclides for use in producing radioactive drugs within the consortium for noncommercial distribution among the associated members of the consortium for medical use.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 Chair, 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 459.0294  “Discrete source” defined. (NRS 459.201)  “Discrete source” means a radionuclide that is processed so that its concentration within a material is purposely increased for use in commercial, medical or research activities.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      NAC 459.0295  “Disposable respirator” defined. (NRS 459.201)  “Disposable respirator” means a respirator for which maintenance is not intended and which is designed to be discarded after excessive breathing resistance, sorbent exhaustion, physical damage or its end-of-service-life renders it unsuitable for use.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 Division of Public and Behavioral Health 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 459.03525  “Electronic brachytherapy” defined. (NRS 459.201)  “Electronic brachytherapy” means a method of radiation therapy that uses X-rays which are electronically generated to deliver a radiation dose at a distance of up to a few centimeters by intracavitary, intraluminal or interstitial application or by an application with the source in contact with, or very close to, the body surface.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      NAC 459.0353  “Electronic brachytherapy source” defined. (NRS 459.201)  “Electronic brachytherapy source” means the X-ray tube component used in an electronic brachytherapy system.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      NAC 459.03535  “Electronic brachytherapy system” defined. (NRS 459.201)  “Electronic brachytherapy system” means the system used to produce and deliver therapeutic radiation, including, without limitation, the electronic brachytherapy source, the control mechanism, the cooling system and the power source.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 459.0385  “Filtering facepiece” or “dust mask” defined. (NRS 459.201)  “Filtering facepiece” or “dust mask” means a negative pressure particulate respirator with a filter as an integral part of the facepiece or with the entire facepiece composed of the filtering medium, which is not equipped with elastomeric sealing surfaces and adjustable straps.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 459.041  “Helmet” defined. (NRS 459.201)  “Helmet” means a rigid respiratory inlet covering that also provides head protection against impact and penetration.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 459.043  “Hood” defined. (NRS 459.201)  “Hood” means a respiratory inlet covering that completely covers the head and neck and may also cover portions of the shoulders and torso.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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; R149-07, 1-30-2008)

      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; R149-07, 1-30-2008)

      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 459.0505  “Loose-fitting facepiece” defined. (NRS 459.201)  “Loose-fitting facepiece” means a respiratory inlet covering that is designed to form a partial seal with the face.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 459.0507  “Medical event” defined. (NRS 459.201)  “Medical event” means any event, other than an event that is the result of patient intervention, in which the administration of radiation results in:

     1.  A dose that differs from the prescribed dose;

     2.  The total dose delivered differing from the prescribed dose by 20 percent or more;

     3.  The fractionated dose delivered differing from the prescribed dose for a single fraction by 50 percent or more; or

     4.  An administration of a dose to the wrong person or at the wrong treatment site.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 459.0515  “Mobile electronic brachytherapy” defined. (NRS 459.201)  “Mobile electronic brachytherapy” means an electronic brachytherapy system which is transported from the address of record to be used at another address which is not the address of record.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 459.0517  “National Source Tracking System” defined. (NRS 459.201)  “National Source Tracking System” means the mandatory tracking system for radiation sources in the United States established and administered by the Nuclear Regulatory Commission pursuant to 42 U.S.C. § 2210h.

     (Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)

      NAC 459.0518  “National Source Tracking Transaction Report” defined. (NRS 459.201)  “National Source Tracking Transaction Report” means a report submitted to the National Source Tracking System.

     (Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)

      NAC 459.0519  “Nationally tracked source” defined. (NRS 459.201)  “Nationally tracked source” has the meaning ascribed to it in 10 C.F.R. § 20.1003.

     (Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)

      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 459.06455  “Portable shielding” defined. (NRS 459.201)  “Portable shielding” means shielding which may be moved easily by a mobility device or by hand and placed in a primary or secondary beam to reduce the radiation exposure of a person.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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. The term includes by-product material.

     [Bd. of Health, Radiation Control Reg. § 1.2.30, eff. 2-28-80]—(NAC A by R185-08, 5-7-2010)

      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; R149-07, 1-30-2008)

      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; R149-07, 1-30-2008)

      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 459.1025  “Specific training on the system provided by the manufacturer” defined. (NRS 459.201)  “Specific training on the system provided by the manufacturer” means training in the operation of the system, safety procedures and clinical use of the system for the uses approved by the United States Food and Drug Administration, and may be fulfilled:

     1.  By satisfactory completion of a training program provided by the manufacturer or an approved institution contracted by the manufacturer; or

     2.  By receiving training from an authorized user or authorized medical physicist for electronic brachytherapy who is authorized by the Division to use the system.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 effective dose equivalent for external exposures and the committed effective dose equivalent for internal exposures.

     (Added to NAC by Bd. of Health, eff. 1-18-94; A by R185-08, 5-7-2010)

      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 459.11455  “Waste” defined. (NRS 459.201)  “Waste” means any low-level radioactive waste containing source material, special nuclear material or by-product material specified in NAC 459.022 that is acceptable for disposal in a land disposal facility. The term does not include any high-level radioactive waste, transuranic waste, spent nuclear fuel or by-product material specified in subsections 3 and 4 of NAC 459.022.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      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 or she 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; A by Bd. of Health by R149-07, 1-30-2008)

      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 or her contract, he or she 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; R149-07, 1-30-2008)

      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 or her 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 or her 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 or her license.

     4.  A licensee whose license is being terminated shall, before his or her 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; R149-07, 1-30-2008)

      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 or her 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, Division of Public and Behavioral Health, 4150 Technology Way, Suite 300, Carson City, Nevada 89706.

     [Bd. of Health, Radiation Control Reg. § 1.9, eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99; R149-07, 1-30-2008)

      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 or her 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 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 Division 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; R149-07, 1-30-2008)

      NAC 459.138  Change of method for determining calendar quarters. (NRS 459.201)  No licensee or registrant may change the method observed by him or her 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; R149-07, 1-30-2008)

      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; R149-07, 1-30-2008)

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 or she 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 $140, 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; R149-07, 1-30-2008)

      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 or her registration accompanied by the appropriate fee at least 10 days before its expiration, his or her registration does not expire until the status of his or her 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, $500.

     (b) Veterinary use, $150.

     (c) Dental use, $140.

     (d) Industrial use, $200.

     (e) Academic use, $150.

     (f) Accelerator, $550.

     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 shall:

     (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 $56 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; R149-07, 1-30-2008)

      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 or her application for registration or his or her 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 the person or his or her 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; R149-07, 1-30-2008)

Licensing of Radioactive Material

      NAC 459.180  Applicable provisions; exceptions. (NRS 459.030, 459.201)

     1.  The provisions of NAC 459.180 to 459.313, inclusive, provide for the licensing of radioactive materials. No person may receive, possess, use, transfer, own, acquire, manufacture or produce radioactive material except as authorized in a specific or general license issued pursuant to NAC 459.180 to 459.313, inclusive, or as otherwise provided in those sections with the following exceptions:

     (a) A specifically licensed government agency or federally recognized Indian tribe that possesses and uses accelerator-produced radioactive material or discrete sources of radium-226 for which a license amendment is required to authorize the activities in this section may continue to use such materials for uses allowed pursuant to this section until the date of the Nuclear Regulatory Commission’s final licensing determination, so long as the licensee submitted an amendment application on or before June 2, 2008.

     (b) A government agency or federally recognized Indian tribe that possesses and uses accelerator-produced radioactive material or discrete sources of radium-226 for which a specific license is required by this section may continue to use such material for uses allowed pursuant to this section until the date of the Nuclear Regulatory Commission’s final licensing determination, so long as the agency or Indian tribe submitted an application for a license authorizing activities involving those materials on or before December 1, 2008.

     (c) Except as otherwise provided in paragraph (a), any other licensee who possesses and uses accelerator-produced radioactive material or discrete sources of radium-226 for which a license amendment is required to authorize the activities in this section may continue to use such materials for uses allowed pursuant to this section until the date of the Nuclear Regulatory Commission’s final licensing determination, so long as the licensee submitted an amendment application within 6 months after the waiver expiration date of August 7, 2009, or within 6 months after the date of an earlier termination of the waiver as noticed by the Nuclear Regulatory Commission, whichever is earlier.

     (d) Except as otherwise provided in paragraph (b), any other person who possesses and uses accelerator-produced radioactive material or discrete sources of radium-226 for which a specific license is required by this section may continue to use such material for uses allowed pursuant to this section until the date of the Nuclear Regulatory Commission’s final licensing determination, so long as the person submits a license application within 12 months after the waiver expiration date of August 7, 2009, or within 12 months after the date of an earlier termination of the waiver as noticed by the Nuclear Regulatory Commission, whichever is earlier.

     (e) Persons exempt as provided in this section.

     (f) Persons exempt pursuant to 10 C.F.R. § 150.

     2.  In addition to the requirements of NAC 459.180 to 459.313, 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 459.3801 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; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.181  Compliance with federal regulations in transport of licensed material. (NRS 459.201)

     1.  Each licensee who transports licensed material outside the site of usage, as specified in the license issued by the Executive Secretary, the United States Nuclear Regulatory Commission or an agreement state, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the regulations of the United States Department of Transportation set forth in 49 C.F.R. Parts 107, 171 to 180, inclusive, and 390 to 397, inclusive, appropriate to the mode of transport.

     2.  The licensee shall particularly note those regulations specified in the following areas:

     (a) Accident reporting—49 C.F.R. §§ 171.15 and 171.16.

     (b) Hazardous material employee training—49 C.F.R. §§ 172.700 to 172.704, inclusive.

     (c) Hazardous material shipper or carrier registration—49 C.F.R. §§ 107.601 to 107.606, inclusive (Subpart G).

     (d) Marking and labeling—49 C.F.R. §§ 172.300 to 172.338, inclusive, 172.400 to 172.407, inclusive, and 172.436 to 172.441, inclusive, of Subpart E.

     (e) Packaging—49 C.F.R. §§ 173.1 to 173.13, inclusive, 173.21 to 173.40, inclusive, and 173.401 to 173.477, inclusive.

     (f) Placarding—49 C.F.R. §§ 172.500 to 172.560, inclusive, and Appendices B and C.

     (g) Security plans—49 C.F.R. §§ 172.800 to 172.804, inclusive.

     (h) Shipping papers and emergency information—49 C.F.R. §§ 172.200 to 172.205, inclusive, and 172.600 to 172.606, inclusive.

     3.  The licensee shall also note the regulations of the United States Department of Transportation relating to the following modes of transportation:

     (a) Air—49 C.F.R. Part 175;

     (b) Public Highway—49 C.F.R. Parts 177 and 390 to 397, inclusive;

     (c) Rail—49 C.F.R. §§ 174.1 to 174.86, inclusive, and 174.700 to 174.750, inclusive; and

     (d) Vessel—49 C.F.R. §§ 176.1 to 176.99, inclusive, and 176.700 to 176.720, inclusive.

     4.  If the regulations of the United States Department of Transportation are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the United States Department of Transportation specified in subsection 1 to the same extent as if the shipment or transportation were subject to those regulations. A request for a modification, waiver or exemption from those requirements, and any notification referred to in those requirements, must be filed with, or made to, the Division.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      NAC 459.182  Exemptions for source materials. (NRS 459.201)

     1.  Any person is exempt from NAC 459.180 to 459.313, inclusive, to the extent that he or she 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 459.313, inclusive, to the extent that he or she 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 459.313, inclusive, to the extent that he or she 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”; and

          (3) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: “UNAUTHORIZED ALTERATIONS PROHIBITED.”

Ê The exemption contained in this paragraph 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. The requirements specified in subparagraphs (2) and (3) 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 State Board of Health 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; R149-07, 1-30-2008)

      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 3, any person is exempt from NAC 459.180 to 459.313, inclusive, to the extent that he or she 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 (0.185 becquerels) of radium-226 per gram of material.

     2.  Any person who possesses by-product material received or acquired before September 25, 1971, under the general license then provided pursuant to 10 C.F.R. § 31.4, or a similar general license of a state, is exempt from the requirements of NAC 459.180 to 459.3184, inclusive, 459.737 and 459.738 to the extent that the person possesses, uses, transfers or owns such by-product material.

     3.  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.

     4.  A manufacturer, processor or producer of a product or material is exempt from the requirements for a license set forth in 10 C.F.R. § 81 and from NAC 459.180 to 459.313, inclusive, to the extent that the person transfers by-product material contained in a product or material:

     (a) In concentrations not in excess of those specified in NAC 459.186; and

     (b) Introduced into the product or material by a licensee holding a specific license issued by the Division expressly authorizing such introduction.

Ê This exemption does not apply to the transfer of by-product material contained in any food, beverage, cosmetic, drug or other product designed for ingestion or inhalation by, or application to, a human being.

     5.  Except as otherwise provided in subsections 6 and 7, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, to the extent that he or she 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.

     6.  The provisions of NAC 459.180 to 459.313, 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.

     7.  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 5 and 6 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 5 and 6 or the equivalent regulations of the Nuclear Regulatory Commission or any agreement state.

     8.  Except for by-product material combined within a device placed in use before May 3, 1999, or as otherwise authorized by this chapter, no person may combine quantities of by-product material covered by this exemption in such a manner that the aggregate quantity exceeds the limits set forth in NAC 459.188 for purposes of producing an increased radiation level.

     [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; A by Bd. of Health by R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.186  Table of exempt concentrations. (NRS 459.201)  Exempt concentrations are:

 


 

 

 

 

 

Element (atomic

        number)

 

 

 

 

 

 

Isotope

 

 

Column

I

Gas con-

centration

μCi/ml1

Column

II

Liquid

and solid

concen-

tration

μCi/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

 

9 x 10-4

 

Sn 125

 

2 x 10-4

Tungsten

 

 

 

    (Wolfram) (74)

W 181

 

4 x 10-3

 

W 187

 

7 x 10-4

Vanadium (23)

V 48

 

3 x 10-4

Xenon (54)

Xe 131m

4 x 10-6

 

 

Xe 133

3 x 10-6

 

 

Xe 135

1 x 10-6

 

Ytterbium (70)

Yb 175

 

1 x 10-3

Yttrium (39)

Y 90

 

2 x 10-4

 

Y 91m

 

3 x 10-2

 

Y 91

 

3 x 10-4

 

Y 92

 

6 x 10-4

 

Y 93

 

3 x 10-4

Zinc (30)

Zn 65

 

1 x 10-3

 

Zn 69m

 

7 x 10-4

 

Zn 69

 

2 x 10-2

Zirconium (40)

Zr 95

 

6 x 10-4

 

Zr 97

 

2 x 10-4

Beta, gamma, or both, emitting radioactive material not listed above with a half-life of less than 3 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1 x 10-10

1 x 10-6

 

 

     1 Values are given in Column I only for those materials normally used as gases.

     2 μCi/gm for solids.

     m Metastable state.

 

     Concentration present in the product and the exempt concentration established in this section for the specific isotope when not in combination. The sum of such ratios may not exceed “1,” that is, unity. An example is:

 

                                               Concentration of Isotope A in Product

                                                ______________________________             +

                                                  Exempt concentration of Isotope A

 

                                               Concentration of Isotope B in Product

                                                ______________________________             < 1

                                                                                                                        =

                                                  Exempt concentration of Isotope B                         

 

     Note 1:  Many radioisotopes disintegrate into isotopes which are also radioactive. In expressing the concentrations in the table, the activity stated is that of the parent isotope and takes into account the daughters.

     Note 2:  For the purposes of NAC 459.184 where there is involved a combination of isotopes, the limit for the combination should be derived as follows: Determine for each isotope in the product the ratio between the concentration present in the product and the exempt concentration.

     [Bd. of Health, Radiation Control Reg. Art. 3, Appendix A, eff. 2-28-80]—(NAC A by R084-98, 1-26-99)

      NAC 459.188  Table of exempt quantities. (NRS 459.201)  Exempt quantities are:

 


Radioactive

Material

 

Microcuries

 

 

 

Antimony-122 (Sb-122)

          100

Antimony-124 (Sb-124)

            10

Antimony-125 (Sb-125)

            10

Arsenic-73 (As-73)

          100

Arsenic-74 (As-74)

            10

Arsenic-76 (As-76)

            10

Arsenic-77 (As-77)

          100

Barium-131 (Ba-131)

            10

Barium-133 (Ba-133)

            10

Barium-140 (Ba-140)

            10

Bismuth-210 (Bi-210)

              1

Bromine-82 (Br-82)

            10

Cadmium-109 (Cd-109)

            10

Cadmium-115m (Cd-115m)

            10

Cadmium-115 (Cd-115)

          100

Calcium-45 (Ca-45)

            10

Calcium-47 (Ca-47)

            10

Carbon-14 (C-14)

          100

Cerium-141 (Ce-141)

          100

Cerium-143 (Ce-143)

          100

Cerium-144 (Ce-144)

              1

Cesium-129 (Cs-129)

          100

Cesium-131 (Cs-131)

       1,000

Cesium-134m (Cs-134m)

          100

Cesium-134 (Cs-134)

              1

Cesium-135 (Cs-135)

            10

Cesium-136 (Cs-136)

            10

Cesium-137 (Cs-137)

            10

Chlorine-36 (Cl-36)

            10

Chlorine-38 (Cl-38)

            10

Chromium-51 (Cr-51)

       1,000

Cobalt-57 (Co-57)

          100

Cobalt-58m (Co-58m)

            10

Cobalt-58 (Co-58)

            10

Cobalt-60 (Co-60)

              1

Copper-64 (Cu-64)

          100

Dysprosium-165 (Dy-165)

            10

Dysprosium-166 (Dy-166)

          100

Erbium-169 (Er-169)

          100

Erbium-171 (Er-171)

          100

Europium-152 (Eu-152)9.2h

          100

Europium-152 (Eu-152)13 yr

              1

Europium-154 (Eu-154)

              1

Europium-155 (Eu-155)

            10

Fluorine-18 (F-18)

       1,000

Gadolinium-153 (Gd-153)

            10

Gadolinium-159 (Gd-159)

          100

Gallium-67 (Ga-67)

          100

Gallium-72 (Ga-72)

            10

Germanium-68 (Ge-68)

            10

Germanium-71 (Ge-71)

          100

Gold-195 (Au-195)

            10

Gold-198 (Au-198)

          100

Gold-199 (Au-199)

          100

Hafnium-181 (Hf-181)

            10

Holmium-166 (Ho-166)

          100

Hydrogen-3 (H-3)

       1,000

Indium-111 (In-111)

          100

Indium-113m (In-113m)

          100

Indium-114m (In-114m)

            10

Indium-115m (In-115m)

          100

Indium-115 (In-115)

            10

Iodine-123 (I-123)

          100

Iodine-125 (I-125)

              1

Iodine-126 (I-126)

              1

Iodine-129 (I-129)

           0.1

Iodine-131 (I-131)

              1

Iodine-132 (I-132)

            10

Iodine-133 (I-133)

              1

Iodine-134 (I-134)

            10

Iodine-135 (I-135)

            10

Iridium-192 (Ir-192)

            10

Iridium-194 (Ir-194)

          100

Iron-52 (Fe-52)

            10

Iron-55 (Fe-55)

          100

Iron-59 (Fe-59)

            10

Krypton-85 (Kr-85)

          100

Krypton-87 (Kr-87)

            10

Lanthanum-140 (La-140)

            10

Lutetium-177 (Lu-177)

          100

Manganese-52 (Mn-52)

            10

Manganese-54 (Mn-54)

            10

Manganese-56 (Mn-56)

            10

Mercury-197m (Hg-197m)

          100

Mercury-197 (Hg-197)

          100

Mercury-203 (Hg-203)

            10

Molybdenum-99 (Mo-99)

          100

Neodymium-147 (Nd-147)

          100

Neodymium-149 (Nd-149)

          100

Nickel-59 (Ni-59)

          100

Nickel-63 (Ni-63)

            10

Nickel-65 (Ni-65)

          100

Niobium-93m (Nb-93m)

            10

Niobium-95 (Nb-95)

            10

Niobium-97 (Nb-97)

            10

Osmium-185 (Os-185)

            10

Osmium-191m (Os-191m)

          100

Osmium-191 (Os-191)

          100

Osmium-193 (Os-193)

          100

Palladium-103 (Pd-103)

          100

Palladium-109 (Pd-109)

          100

Phosphorus-32 (P-32)

            10

Platinum-191 (Pt-191)

          100

Platinum-193m (Pt-193m)

          100

Platinum-193 (Pt-193)

          100

Platinum-197m (Pt-197m)

          100

Platinum-197 (Pt-197)

          100

Polonium-210 (Po-210)

           0.1

Potassium-42 (K-42)

            10

Potassium-43 (K-43)

            10

Praseodymium-142 (Pr-142)

          100

Praseodymium-143 (Pr-143)

          100

Promethium-147 (Pm-147)

            10

Promethium-149 (Pm-149)

            10

Rhenium-186 (Re-186)

          100

Rhenium-188 (Re-188)

          100

Rhodium-103m (Rh-103m)

          100

Rhodium-105 (Rh-105)

          100

Rubidium-81 (Rb-81)

            10

Rubidium-86 (Rb-86)

            10

Rubidium-87 (Rb-87)

            10

Ruthenium-97 (Ru-97)

          100

Ruthenium-103 (Ru-103)

            10

Ruthenium-105 (Ru-105)

            10

Ruthenium-106 (Ru-106)

              1

Samarium-151 (Sm-151)

            10

Samarium-153 (Sm-153)

          100

Scandium-46 (Sc-46)

            10

Scandium-47 (Sc-47)

          100

Scandium-48 (Sc-48)

            10

Selenium-75 (Se-75)

            10

Silicon-31 (Si-31)

          100

Silver-105 (Ag-105)

            10

Silver-110m (Ag-110m)

              1

Silver-111 (Ag-111)

          100

Sodium-22 (Na-22)

            10

Sodium-24 (Na-24)

            10

Strontium-85 (Sr-85)

            10

Strontium-89 (Sr-89)

              1

Strontium-90 (Sr-90)

           0.1

Strontium-91 (Sr-91)

            10

Strontium-92 (Sr-92)

            10

Sulphur-35 (S-35)

          100

Tantalum-182 (Ta-182)

            10

Technetium-96 (Tc-96)

            10

Technetium-97m (Tc-97m)

          100

Technetium-97 (Tc-97)

          100

Technetium-99m (Tc-99m)

          100

Technetium-99 (Tc-99)

            10

Tellurium-125m (Te-125m)

            10

Tellurium-127m (Te-127m)

            10

Tellurium-127 (Te-127)

          100

Tellurium-129m (Te-129m)

            10

Tellurium-129 (Te-129)

          100

Tellurium-131m (Te-131m)

            10

Tellurium-132 (Te-132)

            10

Terbium-160 (Tb-160)

            10

Thallium-200 (Tl-200)

          100

Thallium-201 (Tl-201)

          100

Thallium-202 (Tl-202)

          100

Thallium-204 (Tl-204)

            10

Thulium-170 (Tm-170)

            10

Thulium-171 (Tm-171)

            10

Tin-113 (Sn-113)

            10

Tin-125 (Sn-125)

            10

Tungsten-181 (W-181)

            10

Tungsten-185 (W-185)

            10

Tungsten-187 (W-187)

          100

Vanadium-48 (V-48)

            10

Xenon-131m (Xe-131m)

       1,000

Xenon-133 (Xe-133)

          100

Xenon-135 (Xe-135)

          100

Ytterbium-175 (Yb-175)

          100

Yttrium-87 (Y-87)

            10

Yttrium-88 (Y-88)

            10

Yttrium-90 (Y-90)

            10

Yttrium-91 (Y-91)

            10

Yttrium-92 (Y-92)

          100

Yttrium-93 (Y-93)

          100

Zinc-65 (Zn-65)

            10

Zinc-69m (Zn-69m)

          100

Zinc-69 (Zn-69)

       1,000

Zirconium-93 (Zr-93)

            10

Zirconium-95 (Zr-95)

            10

Zirconium-97 (Zr-97)

            10

Any radioactive material not listed above other than alpha-emitting radioactive material

 

 

 

           0.1

 

     [Bd. of Health, Radiation Control Reg. Art. 3, Appendix B, eff. 2-28-80]—(NAC A by R185-08, 5-7-2010)

      NAC 459.190  Miscellaneous exemptions: Certain timepieces, lock illuminators, precision balances, automobile shift quadrants, marine navigational instruments, ionization chamber smoke detectors, thermostats, electron tubes and ionizing radiation measuring instruments. (NRS 459.030, 459.201)

     1.  Except for persons who apply radioactive material to, or persons who incorporate radioactive material into, the following products, any person is exempt from NAC 459.010 to 459.950, inclusive, to the extent that he or she receives, possesses, uses, transfers, owns or acquires the following products:

     (a) Timepieces, hands or dials containing not more than the following specified quantities of radioactive material and not exceeding the following specified levels of radiation:

          (1) Twenty-five millicuries (925 megabecquerels) of tritium per timepiece.

          (2) Five millicuries (185 megabecquerels) of tritium per hand.

          (3) Fifteen millicuries (555 megabecquerels) of tritium per dial. If bezels are used, they are considered part of the dial.

          (4) One hundred microcuries (3.7 megabecquerels) of promethium-147 per watch or 200 microcuries (7.4 megabecquerels) of promethium-147 per other timepiece.

          (5) Twenty microcuries (740 kilobecquerels) of promethium-147 per watch hand or 40 microcuries (1.48 megabecquerels) of promethium-147 per other timepiece hand.

          (6) Sixty microcuries (2.22 megabecquerels) of promethium-147 per watch dial or 120 microcuries (4.44 megabecquerels) of promethium-147 per other timepiece dial. If bezels are used, they are considered part of the dial.

          (7) Notwithstanding these quantities, the levels of radiation from hands and dials containing promethium-147 or radium-226 must not exceed, when measured through 50 milligrams per square centimeter of absorber:

               (I) For wrist watches, 0.1 millirad (1 microgray) per hour at 10 centimeters from any surface;

               (II) For pocket watches, 0.1 millirad (1 microgray) per hour at 1 centimeter from any surface, also radium must not be used for pocket watches; and

               (III) For any other timepiece, 0.2 millirad (2 micrograys) per hour at 10 centimeters from any surface.

          (8) One microcurie (37 kilobecquerels) of radium-226 per timepiece in intact timepieces manufactured before November 30, 2010.

     (b) Lock illuminators containing not more than 15 millicuries (555 megabecquerels) of tritium or not more than 2 millicuries (74 megabecquerels) of promethium-147 installed in automobile locks. The levels of radiation from each lock illuminator containing promethium-147 must not exceed 1 millirad (10 micrograys) per hour at 1 centimeter from any surface when measured through 50 milligrams per square centimeter of absorber.

     (c) Precision balances containing not more than 1 millicurie (37 megabecquerels) of tritium per balance or not more than 0.5 millicurie (18.5 megabecquerels) of tritium per balance part which were manufactured before December 17, 2007.

     (d) Automobile shift quadrants containing not more than 25 millicuries (925 megabecquerels) of tritium.

     (e) Marine compasses containing not more than 750 millicuries (27.75 gigabecquerels) of tritium gas and other marine navigational instruments containing not more than 250 millicuries (9.25 gigabecquerels) of tritium gas which were manufactured before December 17, 2007.

     (f) Ionization chamber smoke detectors containing not more than 1 microcurie (µCi) of americium-241 per detector in the form of a foil and designed to protect life and property from fire.

     (g) Thermostat dials and pointers containing not more than 25 millicuries (925 megabecquerels) of tritium per thermostat.

     (h) Electron tubes, if each tube does not contain more than one of the following specified quantities of radioactive material:

          (1) One hundred fifty millicuries (5.55 gigabecquerels) of tritium per microwave receiver protector tube or 10 millicuries (370 megabecquerels) of tritium per any other electron tube;

          (2) One microcurie (37 kilobecquerels) of cobalt-60;

          (3) Five microcuries (185 kilobecquerels) of nickel-63;

          (4) Thirty microcuries (1.11 megabecquerels) of krypton-85;

          (5) Five microcuries (185 kilobecquerels) of cesium-137;

          (6) Thirty microcuries (1.11 megabecquerels) of promethium-147; or

          (7) One microcurie (37 kilobecquerels) of radium-226,

Ê and if the levels of radiation from each electron tube containing radioactive material do not exceed 1 millirad (10 micrograys) per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber.

     (i) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, a source of radioactive material which:

          (1) Does not exceed the applicable quantity in NAC 459.188; and

          (2) Contains not more than 10 exempt quantities.

     2.  For the purposes of NAC 459.180 to 459.313, inclusive, authority to transfer possession or control by the manufacturer, processor or producer of any equipment, device, commodity or other product containing source material or by-product material whose subsequent possession, use, transfer and disposal by all other persons are exempted from regulatory requirements may be obtained only from the Nuclear Regulatory Commission.

     3.  For the purposes of paragraph (h) of subsection 1, electron tubes include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents.

     4.  For the purposes of paragraph (i) of subsection 1:

     (a) The source of an instrument may contain either one type or different types of radionuclides;

     (b) An individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities specified in NAC 459.188; and

     (c) Five hundredths of a microcurie of americium-241 shall be deemed an exempt quantity pursuant to NAC 459.188.

     [Bd. of Health, Radiation Control Reg. §§ 3.2.2.3-3.2.2.3.1.8, 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; A by Bd. of Health by R085-06, 11-13-2006; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 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. (NRS 459.030, 459.201)

     1.  Except for persons who manufacture, process or produce self-luminous products containing tritium, krypton-85 or promethium-147, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, to the extent that he or she receives, possesses, uses, transfers, owns or acquires tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced, imported or transferred in accordance with a specific license issued by the Nuclear Regulatory Commission pursuant to 10 C.F.R. § 32.22, which license authorizes the transfer of the product to persons who are exempt from regulatory requirements. The exemption in this subsection for self-luminous products does not apply to tritium, krypton-85 or promethium-147 used in products for frivolous purposes or in toys or adornments.

     2.  Any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, to the extent that he or she receives, possesses, uses, transfers or owns articles containing less than 0.1 microcurie (3.7 kilobecquerels) of radium-226 which were acquired before February 28, 1980.

     3.  Except for persons who manufacture, process, produce or initially transfer for sale or distribution gas and aerosol detectors containing radioactive material, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, to the extent that he or she receives, possesses, uses, transfers, owns or acquires radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards if the detectors containing radioactive material have been manufactured, processed, produced or initially transferred in accordance with a specific license issued by the Division, the Nuclear Regulatory Commission or any other agreement state pursuant to 10 C.F.R. § 32.26 or its equivalent, which authorizes the initial transfer of the detectors for use. This exemption also applies to gas and aerosol detectors manufactured or distributed before November 30, 2010, in accordance with a specific license issued by a state under comparable provisions to 10 C.F.R. § 32.26 authorizing distribution to persons exempt from regulatory requirements. The following also apply to gas and aerosol detectors containing radioactive material:

     (a) The provisions of subsection 2 of NAC 459.190 apply to this subsection.

     (b) Any gas and aerosol detector which contains by-product material, or naturally occurring and accelerator-produced radioactive material, and which was previously manufactured and distributed to general licensees in accordance with a specific license issued by an agreement state, pursuant to provisions comparable to 10 C.F.R. § 32.26, is exempt under this subsection if the device is labeled in accordance with the specific license and if the device meets the requirements of NAC 459.280.

     4.  Any person who receives, possesses, uses, transfers, owns or acquires capsules that contain carbon-14 urea is exempt from the provisions of NAC 459.180 to 459.313, inclusive, if each capsule:

     (a) Is intended solely for in vivo diagnostic use in humans and is not used for research involving human subjects; and

     (b) Contains, allowing for nominal variation that may occur during the manufacturing process, not more than 1 microcurie (37 kilobecquerels) of carbon-14 urea.

Ê The provisions of this subsection do not relieve a person from complying with any other federal, state or local requirement governing the receipt, administration or use of drugs.

     [Bd. of Health, Radiation Control Reg. §§ 3.2.2.3.2-3.2.2.3.4, 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; A by Bd. of Health by R085-06, 11-13-2006; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.194  Types of licenses. (NRS 459.201)  Licenses for radioactive materials are of two types:

     1.  General licenses which grant authority to persons for certain activities involving radioactive materials and are effective without the filing of applications with the Division or the issuance of licensing documents to the particular persons, although the filing of a certificate with the Division may be required by the particular general license. Except as otherwise provided in the specific provisions of a general license, including, without limitation, a provision concerning NAC 459.357, a general license is subject to all other applicable portions of these regulations and any limitations of the general license.

     2.  Specific licenses which are issued by the Division to a named person who files an application for a license pursuant to the provisions of NAC 459.180 to 459.313, inclusive. A specific license is subject to all applicable portions of these regulations as well as any limitations specified in the licensing document.

     [Bd. of Health, Radiation Control Reg. §§ 3.3-3.3.1.2, eff. 2-28-80]—(NAC A by R085-06, 11-13-2006; R149-07, 1-30-2008)

      NAC 459.195  Application for license: Evaluation or emergency plan required for certain quantities of radioisotopes. (NRS 459.201)

     1.  Except as otherwise provided in this subsection, each application for a license to possess radioactive materials in unsealed form, on foils, in plated sources or sealed in glass in excess of the quantities specified in the table set forth in NAC 459.1951 must contain:

     (a) An evaluation showing that the maximum dose a person not on the premises of the facility where the radioactive material is located would receive due to a release of radioactive materials would not exceed 1 rem effective dose equivalent or 5 rems to the thyroid; or

     (b) An emergency plan for responding to a release of radioactive material.

Ê An application for a license to possess a combination of radioactive materials must include an emergency plan if, pursuant to the table set forth in NAC 459.1951, the sum of the ratios of the quantity of each radioactive material for which the license is sought to the quantity listed for that material exceeds one.

     2.  An evaluation submitted pursuant to paragraph (a) of subsection 1 must be supported by one or more of the following factors:

     (a) The radioactive material is physically separated so that only a portion could be involved in an accident;

     (b) All or part of the radioactive material is not subject to release during an accident because of the way it is stored or packaged;

     (c) The release fraction in the respirable size range would be lower than the release fraction specified in NAC 459.1951 because of the chemical or physical form of the material;

     (d) The solubility of the radioactive material would reduce the dose received;

     (e) The design of the facility or safety features engineered in the facility would cause the release fraction to be lower than the release fraction specified in the table set forth in NAC 459.1951;

     (f) Operating restrictions or procedures would prevent a release fraction in excess of the release fraction specified in the table set forth in NAC 459.1951; or

     (g) Other factors appropriate for the specific facility.

     3.  An emergency plan submitted pursuant to paragraph (b) of subsection 1 must include the following:

     (a) A brief description of the applicant’s facility and the area near the site of the facility.

     (b) An identification of each type of accident involving radioactive materials that may occur for which protective actions would be needed.

     (c) A classification system for classifying an accident as an alert or an emergency. As used in this paragraph:

          (1) “Alert” means events may occur, are in progress or have occurred that could lead to a release of radioactive material but the release is not expected to require a response by any off-site organization for the protection of persons not on the property of the facility.

          (2) “Emergency” means events may occur, are in progress or have occurred that could lead to a significant release of radioactive material and could require a response by an off-site organization for the protection of persons not on the property of the facility.

     (d) An identification of the means of detecting each type of accident in a timely manner.

     (e) A brief description of the means and equipment to be used to mitigate the consequences of each type of accident, including the means and equipment provided to protect employees of the facility, and a description of the program for maintaining the equipment.

     (f) A brief description of the methods and equipment to be used to assess releases of radioactive materials.

     (g) A requirement that in the event of a release of radioactive material a control point will be established.

     (h) A brief description of the responsibilities of the personnel in the facility who would respond to an accident, including an identification of personnel responsible for promptly notifying off-site organizations and for promptly notifying the Division, and an identification of personnel responsible for maintaining and updating the emergency plan.

     (i) A commitment to and a brief description of the means to notify promptly and request assistance from off-site organizations, including the means for requesting medical assistance for the treatment of contaminated or injured employees of the facility if necessary. The notification of and coordination with off-site organizations must be planned so that the unavailability of some employees of the facility, the unavailability of access to certain parts of the facility and the unavailability of certain equipment will not prevent the notification and coordination. The plan must contain a commitment for notification of the Division immediately after notification of the off-site organizations but such notification must be made not later than 1 hour after an accident has been classified as an emergency pursuant to paragraph (c).

     (j) A brief description of the types of information that would be included in the notification given to off-site organizations and to the Division. Such information must include the status of the facility, any known releases of radioactive material and any recommended protective actions that should be taken.

     (k) A brief description of the frequency and objectives of and plans for the training that will be provided to employees of the facility on how to respond to an emergency and a brief description of any special instructions and orientation tours that would be offered to fire, police, medical and other emergency personnel. The training of employees must familiarize the employees with the emergency procedures to be followed at the site of the facility. In addition, the training must thoroughly prepare employees of the facility for their responsibilities in the event of the types of accidents most probable for that specific facility. The required training may include the training of groups of employees in the proper and coordinated response to such accidents.

     (l) A brief description of the means of restoring the facility to a safe condition after an accident.

     (m) Provisions for conducting quarterly tests of the system for communication with off-site organizations. The quarterly tests must include the check and update of all necessary telephone numbers.

     (n) Provisions for biennially conducting exercises at the site of the facility to test response to simulated emergencies. Off-site organizations must be invited to participate in the exercises. The exercises must use hypothetical accident scenarios which are most probable for the specific site of the facility and the scenarios must not be revealed to most participants in the exercises before commencing the exercises. A critique of each exercise must be required by participants who are not directly responsible for the implementation of the plan. The critiques of the exercises must evaluate the plan, emergency procedures, facilities, equipment, training of personnel and the overall effectiveness of the response. Deficiencies identified by the critiques must be corrected. The provisions of this paragraph do not require the participation of off-site organizations in the exercises.

     (o) A certification that the applicant has complied with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. §§ 11001 et seq.) which are applicable to the applicant’s activities at the proposed place of use of the radioactive material.

     4.  The applicant shall provide off-site organizations which are expected to respond to any accidents involving radiation at the site of the facility 60 days to review and comment on the applicant’s emergency plan before submitting the plan to the Division. The applicant shall submit any comments received within the 60 days to the Division with the emergency plan.

     5.  As used in this section, “off-site organization” means any organization not located at the site where the radioactive material is located which responds to accidents involving radiation.

     (Added to NAC by Bd. of Health, eff. 10-22-93)

      NAC 459.1951  Application for license: Quantities of radioisotopes for which evaluation or emergency plan is required. (NRS 459.201)

     1.  The following table sets forth quantities of radioisotopes for the purposes of subsections 1 and 2 of NAC 459.195.

 


Radioactive

material

Release

fraction

Quantity

(curies)

 

 

 

 

 

Actinium-228

0.001

4,000

 

Americium-241

.001

2

 

Americium-242

.001

2

 

Americium-243

.001

2

 

Antimony-124

.01

4,000

 

Antimony-126

.01

6,000

 

Barium-133

.01

10,000

 

Barium-140

.01

30,000

 

Bismuth-207

.01

5,000

 

Bismuth-210

.01

600

 

Cadmium-109

.01

1,000

 

Cadmium-113

.01

80

 

Calcium-45

.01

20,000

 

Californium-252

.001

9(20mg)

 

Carbon-14

.01

50,000

 

Non CO2

 

 

 

Cerium-141

.01

10,000

 

Cerium-144

.01

300

 

Cesium-134

.01

2,000

 

Cesium-137

.01

3,000

 

Chlorine-36

.5

100

 

Chromium-51

.01

300,000

 

Cobalt-60

.001

5,000

 

Copper-64

.01

200,000

 

Curium-242

.001

60

 

Curium-243

.001

3

 

Curium-244

.001

4

 

Curium-245

.001

2

 

Europium-152

.01

500

 

Europium-154

.01

400

 

Europium-155

.01

3,000

 

Germanium-68

.01

2,000

 

Gadolinium-153

.01

5,000

 

Gold-198

.01

30,000

 

Hafnium-172

.01

400

 

Hafnium-181

.01

7,000

 

Holmium-166m

.01

100

 

Hydrogen-3

.5

20,000

 

Iodine-125

.5

10

 

Iodine-131

.5

10

 

Indium-114m

.01

1,000

 

Iridium-192

.001

40,000

 

Iron-55

.01

40,000

 

Iron-59

.01

7,000

 

Krypton-85

1.0

6,000,000

 

Lead-210

.01

8

 

Manganese-56

.01

60,000

 

Mercury-203

.01

10,000

 

Molybdenum-99

.01

30,000

 

Neptunium-237

.001

2

 

Nickel-63

.01

20,000

 

Niobium-94

.01

300

 

Phosphorus-32

.5

100

 

Phosphorus-33

.5

1,000

 

Polonium-210

.01

10

 

Potassium-42

.01

9,000

 

Promethium-145

.01

4,000

 

Promethium-147

.01

4,000

 

Radium-226

.001

100

 

Ruthenium-106

.01

200

 

Samarium-151

.01

4,000

 

Scandium-46

.01

3,000

 

Selenium-75

.01

10,000

 

Silver-110m

.01

1,000

 

Sodium-22

.01

9,000

 

Sodium-24

.01

10,000

 

Strontium-89

.01

3,000

 

Strontium-90

.01

90

 

Sulfur-35

.5

900

 

Technetium-99

.01

10,000

 

Technetium-99m

.01

400,000

 

Tellurium-127m

.01

5,000

 

Tellurium-129m

.01

5,000

 

Terbium-160

.01

4,000

 

Thulium-170

.01

4,000

 

Tin-113

.01

10,000

 

Tin-123

.01

3,000

 

Tin-126

.01

1,000

 

Titanium-44

.01

100

 

Vanadium-48

.01

7,000

 

Xenon-133

1.00

900,000

 

Yttrium-91

.01

2,000

 

Zinc-65

.01

5,000

 

Zirconium-93

.01

400

 

Zirconium-95

.01

5,000

 

Any other beta-gamma emitter

 

.01

 

10,000

 

Mixed fission products

 

 

 

.01

1,000

 

Mixed corrosion products

 

 

 

.01

10,000

 

Contaminated equipment beta-gamma

 

 

 

 

 

 

.001

10,000

 

Irradiated material, any form other than solid noncombustible

 

 

 

 

 

 

 

 

 

.01

1,000

 

Irradiated material, solid noncombustible

 

 

 

 

 

 

.001

10,000

 

Mixed radioactive waste, beta-gamma

 

 

 

 

 

 

.01

1,000

 

Packaged mixed waste, beta-gamma

 

 

 

 

 

 

.001

10,000

 

Any other alpha emitter

 

 

 

.001

2

 

Contaminated equipment, alpha

 

 

 

.0001

20

 

Packaged waste, alpha

 

 

 

.0001

20

 

 

     2.  For combinations of radioactive materials, consideration of the need for an emergency plan pursuant to NAC 459.195 is required if the sum of the ratios of the quantity of each radioactive material authorized to the quantity listed for that material in Schedule C exceeds 1.

     3.  Waste packaged in Type B containers does not require an emergency plan pursuant to NAC 459.195.

     (Added to NAC by Bd. of Health, eff. 10-22-93; A by R185-08, 5-7-2010)

      NAC 459.1955  Preparation for decommissioning: Plan for financing; financial assurance; records. (NRS 459.030, 459.201)

     1.  A plan for financing decommissioning, as described in subsection 10, must be submitted by each applicant for a license authorizing the possession and use of:

     (a) Unsealed radioactive materials with a half-life of more than 120 days in quantities that exceed 105 times the applicable quantities set forth in NAC 459.362; or

     (b) The involvement of a combination of radionuclides when R divided by 105 is greater than 1.

     2.  A plan for financing decommissioning, as described in subsection 10, must be submitted by each licensee who is authorized to possess and use, and each applicant for a specific license authorizing the possession and use of:

     (a) Sealed sources of radioactive material or plated foils of radioactive material with a half-life of more than 120 days in quantities that exceed 1012 times the applicable quantities set forth in NAC 459.362; or

     (b) The involvement of a combination of isotopes when R divided by 1012 is greater than 1.

     3.  Each applicant for a specific license that authorizes the possession and use of radioactive material with a half-life of more than 120 days and in the quantities set forth in subsection 9 must submit:

     (a) A plan for financing decommissioning as described in subsection 10; or

     (b) A certification which sets forth that financial assurance for decommissioning:

          (1) Has been provided in the amount required by subsection 9 using one of the methods set forth in subsection 11; or

          (2) Will be provided after the application has been approved and the license issued, but before the receipt of any licensed material by the licensee.

     4.  If an applicant:

     (a) Defers the execution of the financial instrument until after the license has been issued pursuant to subparagraph (2) of paragraph (b) of subsection 3, the applicant must submit to the Division as part of the certification a signed original of the financial instrument used to comply with subsection 11 before the receipt of any licensed material.

     (b) Does not defer the execution of the financial instrument until after the license has been issued, the applicant must submit to the Division as part of the certification a signed original of the financial instrument used by the applicant to comply with subsection 11.

     5.  An applicant for a specific license of the type described in subsection 1 or 3 must submit a plan for financing decommissioning or a certification of financial assurance for decommissioning with his or her application.

     6.  The holder of a specific license that is issued before January 26, 1999, and:

     (a) Of a type described in subsection 1, shall submit a plan for financing decommissioning or a certification of financial assurance for decommissioning in an amount not less than $1,125,000. If a certification of financial assurance is submitted, the licensee shall include a plan for financing decommissioning in an application for renewal of the license.

     (b) Of a type described in subsection 3, shall submit a plan for financing decommissioning or a certification of financial assurance for decommissioning.

     7.  A licensee who has submitted an application for renewal of his or her license before January 26, 1999, in accordance with NAC 459.202, shall:

     (a) Provide financial assurance for decommissioning in accordance with subsections 1 and 3; and

     (b) Submit a plan for financing decommissioning.

     8.  Waste collectors and waste processors, as defined in Appendix G, shall:

     (a) Provide financial assurance for decommissioning in an amount based on a plan for financing decommissioning as described in subsection 10; and

     (b) Submit a plan for financing decommissioning which must include, without limitation:

          (1) The cost of disposal of the maximum amount, measured in curies, of radioactive material permitted by the license;

          (2) The cost of disposal of the maximum quantity, measured by volume, of radioactive material which could be present at the licensee’s facility at any time; and

          (3) The cost to remediate the licensee’s site to meet the license termination criteria set forth in NAC 459.200.

     9.  Financial assurance for decommissioning must be provided in accordance with the following amounts:

     (a) Not less than $1,125,000 is required if:

          (1) The amount of radioactive material is greater than 104, but less than or equal to 105 times the applicable quantities described in NAC 459.362, in unsealed form; or

          (2) R, for a combination of radionuclides, divided by 104 is greater than 1 but R divided by 105 is less than or equal to 1.

     (b) Not less than $225,000 is required if:

          (1) The amount of radioactive material is greater than 103, but less than or equal to 104 times the applicable quantities described in NAC 459.362, in unsealed form; or

          (2) R, for a combination of radionuclides, divided by 103 is greater than 1 but R divided by 104 is less than or equal to 1.

     (c) Not less than $113,000 is required if:

          (1) The amount of radioactive material is greater than 1010 times the applicable quantities described in NAC 459.362, in sealed sources or plated foils; or

          (2) R, for a combination of radionuclides, divided by 1010 is greater than 1.

     10.  The plan for financing decommissioning must contain the following:

     (a) An estimate of the costs of decommissioning the facility based on the decommissioning plan;

     (b) A description of the method of assuring financing for decommissioning in compliance with subsection 11;

     (c) A schedule for adjusting the estimate of costs, which estimates of costs must be adjusted at least every 3 years, and associated levels of funding periodically over the life of the facility; and

     (d) A certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning and a signed original of the financial instrument used to satisfy the requirements of subsection 11.

     11.  Financial assurance for decommissioning must be provided by one or more of the following methods:

     (a) Prepayment in the form of a deposit of an amount of money in cash or liquid assets that would be sufficient to pay the costs of decommissioning before starting operations at the facility into an account segregated from the assets of the licensee and outside the administrative control of the licensee. Prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit or deposit of government securities.

     (b) Provision of a surety that assures that the costs of decommissioning will be paid should the licensee fail to do so. A guarantee of money from a parent company of the licensee for the cost of decommissioning that is based on a financial test may be used if the guarantee and test meet the criteria set forth in subsection 14. Such a guarantee may not be used in combination with any other method of financing to satisfy the requirements of this subsection. A guarantee of money by the applicant or licensee for the cost of decommissioning that is based on a financial test may be used if the guarantee and test meet the criteria set forth in subsection 14. Such a guarantee must not be used in combination with any other method of financing to satisfy the requirements of this subsection or if the applicant or licensee has a parent company that holds a majority control of the voting stock of the applicant or licensee. Any surety used to provide financial assurance for decommissioning must contain the following conditions:

          (1) The surety must be open-ended or, if written for a specified term, must be renewed automatically unless 90 days or more before the renewal date the issuer notifies the Division, the beneficiary and the licensee of his or her intention not to renew. The surety must provide that the full-face amount will be paid to the beneficiary automatically before the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the Division within 30 days after receipt of notification of the cancellation.

          (2) The surety must be payable to a trust established for the costs of decommissioning the facility. The trustee and trust must be approved by the Division. The Division will approve as a trustee an appropriate agency of the State or Federal Government or an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by an agency of the State or Federal Government.

Ê A licensee shall maintain the surety in effect until the Division has terminated his or her license.

     (c) Provision of an external sinking fund in which deposits are made at least annually, coupled with a surety issued in compliance with the provisions of paragraph (b) except that the value of the surety may decrease by the amount being accumulated in the external sinking fund.

     (d) If the licensee is a federal, state or local governmental agency, a statement of intent containing an estimate of the costs of decommissioning or an amount required by subsection 9 and an indication that money for decommissioning will be obtained when necessary.

     12.  A person licensed pursuant to NAC 459.180 to 459.313, inclusive, shall maintain the following records in an identified location until the site is released for unrestricted use:

     (a) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment or site. Such records must include, without limitation, the name, quantity, form and concentration of a nuclide involved in the spill or unusual occurrence.

     (b) Drawings and other documents relating to:

          (1) The modification of structures and equipment in restricted areas where radioactive materials are used and stored; and

          (2) Locations where it is possible that contamination which is inaccessible has occurred, including, without limitation, areas of seepage into concrete and other porous materials.

     (c) A list of all the areas:

          (1) Designated and formerly designated as restricted areas;

          (2) Outside of restricted areas that require documentation pursuant to paragraph (a);

          (3) Outside of restricted areas where waste has been buried; and

          (4) Outside of restricted areas which contain material that, if the license expired, the licensee would be required to decontaminate the area to unrestricted release levels or apply for approval for disposal pursuant to NAC 459.3595.

     (d) Except for areas containing only sealed sources which have not leaked or where no contamination remains after any leak, or for by-product material having only a half-life of less than 65 days, a list contained in a single document and updated every 2 years which sets forth the following:

          (1) All areas designated or formerly designated as restricted areas as defined in 10 C.F.R. § 20.1003, or for requirements before January 1, 1994, 10 C.F.R. § 20.3 as contained in the C.F.R. edition revised as of January 1, 1993;

          (2) All areas outside of restricted areas that require documentation pursuant to paragraph (a);

          (3) All areas outside of restricted areas where current and previous wastes have been buried as documented pursuant to 10 C.F.R. § 20.2108; and

          (4) All areas outside of restricted areas that contain material such that, if the license expired, the licensee would be required to either decontaminate the area to meet the criteria for decommissioning set forth in 10 C.F.R. Part 20, Subpart E, or apply for approval for disposal under 10 C.F.R. § 20.2002.

Ê If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used.

     13.  Before licensed activities are transferred or assigned pursuant to subsection 2 of NAC 459.198, the licensee must transfer all the records described in paragraphs (a), (b), (c) and (d) of subsection 12 to the licensee to whom the activities have been transferred or assigned. Such records become, upon receipt, the responsibility of the licensee to whom the activities have been transferred or assigned and must be retained by that licensee until its license is terminated.

     14.  To pass the financial test referred to in subsection 11:

     (a) A parent company must have:

          (1) Two of the following three ratios:

               (I) A ratio of total liabilities to net worth that is less than 2;

               (II) A ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities that is more than 0.1; and

               (III) A ratio of current assets to current liabilities that is more than 1.5;

          (2) Net working capital and tangible net worth that are each at least six times the current cost estimates for decommissioning or, if certification is used, the amount set forth in subsection 9; and

          (3) Assets located in the United States that amount to at least 90 percent of the total assets of the parent company or at least six times the cost estimate for decommissioning or, if certification is used, the amount set forth in subsection 9; or

     (b) A parent company must have:

          (1) A rating for its most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor’s Ratings Services or a rating of Aaa, Aa, A or Baa as issued by Moody’s Investors Service, Inc.;

          (2) Tangible net worth of at least six times the current cost estimate for decommissioning, or, if a certification is used, the amount set forth in subsection 9; and

          (3) Assets located in the United States that amount to at least 90 percent of the total assets of the parent company or at least six times the cost estimate for decommissioning.

     15.  The terms of a guarantee of a parent company must provide that:

     (a) The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the licensee and the Division. The guarantee may not be cancelled until 120 days after the date the notice of cancellation is received by both the licensee and the Division, as evidenced by the return receipts.

     (b) If the licensee fails to provide alternate financial assurance as specified in this section within 90 days after receipt by the licensee and the Division of a notice of cancellation of the guarantee from the guarantor, the guarantor must provide such alternate financial assurance in the name of the licensee.

     (c) The guarantee and financial test provisions set forth in subsection 14 must remain in effect until the Division has terminated the license.

     (d) If a trust is established for the costs of decommissioning, the trustee and trust must be acceptable to the Division. An acceptable trustee includes an appropriate state or federal agency or an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.

     16.  A licensee who guarantees the costs of decommissioning must have:

     (a) A tangible net worth of at least 10 times the total estimated cost of decommissioning or the current amount required for decommissioning;

     (b) Assets located in the United States that amount to at least 90 percent of its total assets or at least 10 times the cost estimate for decommissioning;

     (c) A rating for its most recent bond issuance of AAA, AA or A as issued by Standard and Poor’s Ratings Services or a rating of Aaa, Aa or A as issued by Moody’s Investors Service, Inc.; and

     (d) At least one class of equity securities registered pursuant to the Securities Exchange Act of 1934.

     17.  A licensee shall ensure that a certified public accountant who is independent of the licensee compares the data used to satisfy the financial test as set forth in subsections 14 and 16. The data must be derived from audited, year-end financial statements for the last fiscal year. A licensee shall inform the Division within 90 days after matters which cause the certified public accountant to believe that the data used to satisfy the financial test should be adjusted and that the licensee or parent company, as applicable, can no longer pass the test. After the initial financial test, the licensee or parent company, as applicable, shall repeat the test within 90 days after the close of each fiscal year. If the parent company can no longer pass the test, the licensee shall notify the Division of its intent to establish alternate financial assurance as specified in this section. The notice must be sent by certified mail within 90 days after the close of the fiscal year. The licensee shall provide alternate financial assurance within 120 days after the close of such fiscal year.

     18.  If a bond issuance of the licensee or parent company, as applicable, ceases to be rated in a category of A or above by either Standard and Poor’s Ratings Services or Moody’s Investors Service, Inc., the licensee shall notify the Division in writing within 20 days after the rating. If the bond issuance ceases to be rated in a category of A or above by both Standard and Poor’s Ratings Services and Moody’s Investors Service, Inc., the licensee or parent company, as applicable, no longer meets the financial test as set forth in subsection 14.

     19.  The licensee shall provide to the Division a written guarantee or commitment by a corporate officer which provides that the licensee will fund and complete the decommissioning of the facility or, upon issuance of an order by the State Board of Health, the licensee shall establish a trust in the amount of the current cost estimates for decommissioning.

     20.  As used in this section:

     (a) “External sinking fund” means a fund established and maintained by depositing money periodically in an account segregated from the licensee’s assets and outside the licensee’s administrative control in which the total amount of money to be accumulated before the termination of the operation is expected is sufficient to pay the costs of decommissioning. The term includes, without limitation, a trust, escrow account, government fund, certificate of deposit or deposit of government securities.

     (b) “R” equals the sum of the ratios of the quantity of each radionuclide to the applicable value as set forth in NAC 459.362.

     (c) “Surety” includes, without limitation, a trust fund, surety bond, letter of credit, line of credit, insurance, guarantee of performance or, except as otherwise provided in this section, any combination thereof.

     (Added to NAC by Bd. of Health, eff. 10-22-93; 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; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.196  Issuance of specific licenses. (NRS 459.201)

     1.  Upon a determination that an application meets the requirements of chapter 459 of NRS and the regulations of the Division, the Division will issue a specific license authorizing the proposed activity in a form and containing such conditions and limitations as it deems appropriate or necessary.

     2.  The Division may incorporate in any license at the time of issuance additional requirements and conditions with respect to the licensee’s receipt, possession, use and transfer of radioactive material subject to NAC 459.180 to 459.313, inclusive, as it deems appropriate or necessary in order to:

     (a) Minimize danger to public health and safety or property;

     (b) Require such reports and the keeping of such records, and to provide for such inspections of activities under the licenses as may be appropriate or necessary; and

     (c) Prevent loss or theft of material subject to NAC 459.180 to 459.313, inclusive.

     [Bd. of Health, Radiation Control Reg. §§ 3.5.6-3.5.6.2.3, eff. 2-28-80]—(NAC A by R084-98, 1-26-99; R149-07, 1-30-2008)

      NAC 459.198  Terms and conditions of licenses. (NRS 459.201)

     1.  Each license issued pursuant to NAC 459.180 to 459.950, inclusive, is subject to all the provisions of chapter 459 of NRS, now or hereafter in effect, and to all regulations and orders of the Division.

     2.  No license issued or granted under NAC 459.180 to 459.950, inclusive, or right to possess or utilize radioactive material granted by any license issued pursuant to those provisions, may be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the Division, after securing full information, finds that the transfer is in accordance with the provisions of chapter 459 of NRS and gives its consent in writing.

     3.  Each person licensed by the Division pursuant to NAC 459.180 to 459.950, inclusive, or each person seeking a license, shall:

     (a) Confine his or her use and possession of the material licensed to the locations and purposes authorized in the license.

     (b) Inform the Division in writing before the sale or lease of his or her business if the transaction involves the transfer of a source of radiation to another person.

     (c) Inform the Division, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under Title 11 of the United States Code or the appropriate chapter of NRS by or against:

          (1) The licensee;

          (2) An entity, as that term is defined in 11 U.S.C. § 101(15), which controls the licensee or which lists the licensee as a property of the estate of the entity; or

          (3) An affiliate, as that term is defined in 11 U.S.C. § 101(2), of the licensee.

     (d) Keep records of information important to the safe and effective decommissioning of the facility where the radioactive material is located in a location identified to the Division until the license is terminated by the Division. If records of information relevant to decommissioning are kept for other purposes, references to those records and their locations may be used. Such information must include:

          (1) Records of spills or other unusual occurrences involving the spread of contamination in or around the facility, the equipment of the facility or the site of the facility. The records may be limited to instances when contamination remains after any cleanup procedures or when there is a reasonable likelihood that contaminants may have spread to inaccessible areas, including possible seepage into porous materials such as concrete. The records must include any information known to the licensee on the identification of nuclides, quantities, forms and concentrations involved.

          (2) Any available drawings of structures and equipment of the facility, as originally built and as modified, which are located in restricted areas where radioactive materials are used or stored, and of locations of inaccessible areas to which contaminants may spread, such as buried pipes which may be subject to contamination. If drawings are not available, the licensee shall provide to the Division other appropriate records of information concerning these areas.

          (3) Records of any performance of an estimate of the costs of decommissioning for incorporation in a plan for financing the decommissioning and any records of the method used for assuring the availability of money for the costs of decommissioning the facility.

     4.  Each person licensed by the Division pursuant to NAC 459.180 to 459.950, inclusive, who uses a portable gauge shall use a minimum of two independent physical controls that form tangible barriers to secure the portable gauge from unauthorized removal when the portable gauge is not under the control and constant surveillance of the licensee.

     5.  Each person licensed by the Division pursuant to NAC 459.180 to 459.950, inclusive, who prepares technetium-99m radiopharmaceuticals from molybdenum-99 and technetium-99m generators or who prepares rubidium-82 from strontium-82 and rubidium-82 generators shall:

     (a) Test the generator eluates for molybdenum-99 breakthrough or contamination by strontium-82 and strontium-85, respectively, pursuant to 10 C.F.R. § 35.204; and

     (b) Record the results of each test and retain each record for at least 3 years after the record is made.

     6.  Each licensee authorized pursuant to NAC 459.236 to produce positron emission tomography radioactive drugs for noncommercial distribution to medical use licensees in its consortium shall:

     (a) Satisfy the labeling requirements in paragraph (d) of subsection 1 of NAC 459.300 for each positron emission tomography radioactive drug, transport radiation shield and each syringe, vial or other container used to hold the positron emission tomography radioactive drug;

     (b) Possess and use instrumentation to measure the radioactivity of the positron emission tomography radioactive drug and meet the procedures, radioactivity measurement, instrument test, instrument check and instrument adjustment requirements pursuant to subsection 3 of NAC 459.300;

     (c) If the licensee is a pharmacy, ensure that any person who prepares positron emission tomography radioactive drugs:

          (1) Is an authorized nuclear pharmacist who meets the requirements of paragraph (b) of subsection 2 of NAC 459.300; or

          (2) Is under the supervision of an authorized nuclear pharmacist pursuant to 10 C.F.R. § 35.27; and

     (d) If the licensee is a pharmacy that allows a person to work as an authorized nuclear pharmacist, it shall meet the requirements of paragraph (d) of subsection 2 of NAC 459.300.

Ê Any authorization obtained pursuant to NAC 459.236 to produce positron emission tomography radioactive drugs for noncommercial distribution to medical use licensees in a consortium does not relieve the licensee from the requirement to comply with any applicable regulations of the United States Food and Drug Administration, or other federal and state laws or regulations governing radioactive drugs.

     [Bd. of Health, Radiation Control Reg. §§ 3.5.7-3.5.7.3, eff. 2-28-80]—(NAC A 9-6-88; 10-22-93; R085-06, 11-13-2006; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.1985  Nationally tracked sources: Assignment of unique serial numbers. (NRS 459.201)  Each licensee who manufactures a nationally tracked source on or after January 30, 2008, shall assign a unique serial number to each nationally tracked source. Each unique serial number must be composed only of alpha-numeric characters.

     (Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)

      NAC 459.199  Nationally tracked sources: Reporting requirements; reconciliation of inventory with data in National Source Tracking System. (NRS 459.201)

     1.  Each licensee who manufactures a nationally tracked source shall complete and submit to the National Source Tracking System a National Source Tracking Transaction Report which must include, without limitation:

     (a) The name, address and license number of the licensee;

     (b) The name of the person preparing the report;

     (c) The manufacturer, model number and serial number of the nationally tracked source;

     (d) The radioactive material contained in the nationally tracked source;

     (e) The initial source strength in becquerels (curies) of the nationally tracked source at the time of manufacture; and

     (f) The date of manufacture of the nationally tracked source.

     2.  Each licensee who transfers a nationally tracked source to another person shall complete and submit to the National Source Tracking System a National Source Tracking Transaction Report which must include, without limitation:

     (a) The name, address and license number of the licensee;

     (b) The name of the person preparing the report;

     (c) The name, license number and shipping address of the recipient of the nationally tracked source;

     (d) The manufacturer, model number and serial number of the nationally tracked source or, if such information is not available, any other information to uniquely identify the nationally tracked source;

     (e) The radioactive material contained in the nationally tracked source;

     (f) The initial or current source strength in becquerels (curies);

     (g) The date for which the source strength is reported;

     (h) The date on which the nationally tracked source was shipped;

     (i) The estimated arrival date of the nationally tracked source; and

     (j) For a nationally tracked source which is transferred as waste under a Uniform Low-Level Radioactive Waste Manifest, the waste manifest number and the container identification number of the nationally tracked source.

     3.  Each licensee who receives a nationally tracked source shall complete and submit to the National Source Tracking System a National Source Tracking Transaction Report which must include, without limitation:

     (a) The name, address and license number of the licensee;

     (b) The name of the person preparing the report;

     (c) The name, address and license number of the person who provided the nationally tracked source;

     (d) The manufacturer, model number and serial number of the nationally tracked source or, if such information is not available, any other information to uniquely identify the nationally tracked source;

     (e) The radioactive material contained in the nationally tracked source;

     (f) The initial or current source strength in becquerels (curies);

     (g) The date for which the source strength is reported;

     (h) The date of receipt of the nationally tracked source; and

     (i) For a nationally tracked source received under a Uniform Low-Level Radioactive Waste Manifest, the waste manifest number and the container identification number of the nationally tracked source.

     4.  Each licensee who disassembles a nationally tracked source shall complete and submit to the National Source Tracking System a National Source Tracking Transaction Report which must include, without limitation:

     (a) The name, address and license number of the licensee;

     (b) The name of the person preparing the report;

     (c) The manufacturer, model number and serial number of the nationally tracked source or, if such information is not available, any other information to uniquely identify the nationally tracked source;

     (d) The radioactive material contained in the nationally tracked source;

     (e) The initial or current source strength in becquerels (curies);

     (f) The date for which the source strength is reported; and

     (g) The date of disassembly of the nationally tracked source.

     5.  Each licensee who disposes of a nationally tracked source shall complete and submit to the National Source Tracking System a National Source Tracking Transaction Report which must include, without limitation:

     (a) The name, address and license number of the licensee;

     (b) The name of the person preparing the report;

     (c) The waste manifest number;

     (d) The container identification number of the nationally tracked source;

     (e) The date of disposal of the nationally tracked source; and

     (f) The method of disposal of the nationally tracked source.

     6.  Any National Source Tracking Transaction Report required pursuant to subsections 1 to 5, inclusive, must be submitted by the close of the next business day after the transaction. A single National Source Tracking Transaction Report may be submitted for multiple sources and transactions. The National Source Tracking Transaction Report must be submitted to the National Source Tracking System:

     (a) By the use of the online National Source Tracking System;

     (b) By the use of a computer-readable electronic format;

     (c) By facsimile;

     (d) By mail to the address listed on the National Source Tracking Transaction Report Form (NRC Form 748); or

     (e) By telephone with follow-up by facsimile or mail.

     7.  A licensee shall correct any error in a previously filed National Source Tracking Transaction Report or file a new National Source Tracking Transaction Report for any missed transaction not later than 5 business days after the discovery of the error or missed transaction.

     8.  Each licensee shall, on or before January 31 of each year:

     (a) Reconcile the inventory of nationally tracked sources possessed by the licensee against the data contained in the National Source Tracking System;

     (b) Resolve any discrepancies between the National Source Tracking System and the actual inventory of the licensee by filing any necessary National Source Tracking Transaction Report in accordance with the provisions of subsections 1 to 5, inclusive; and

     (c) Submit to the National Source Tracking System confirmation that the data in the National Source Tracking System is correct.

     9.  Each licensee who possesses any Category 1 nationally tracked source on January 30, 2008, shall report its initial inventory of Category 1 nationally tracked sources to the National Source Tracking System not later than February 29, 2008. Each licensee who possesses any Category 2 nationally tracked source on January 30, 2008, shall report its initial inventory of Category 2 nationally tracked sources to the National Source Tracking System not later than February 29, 2008. The reports may be submitted by any method described in paragraphs (a) to (e), inclusive, of subsection 6 and must include, without limitation:

     (a) The name, address and license number of the licensee;

     (b) The name of the person preparing the report;

     (c) The manufacturer, model number and serial number of each nationally tracked source or, if that information is not available, any other information to uniquely identify the nationally tracked source;

     (d) The radioactive material contained in the nationally tracked source;

     (e) The initial or current source strength in becquerels (curies); and

     (f) The date for which the source strength is reported.

     (Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)

      NAC 459.1997  Adoption by reference and revision of certain provisions of federal regulations regarding packaging and transportation of radioactive material. (NRS 459.201)  The provisions of 10 C.F.R. §§ 71.0(c), 71.1(a), 71.3, 71.4, 71.15, 71.17, 71.19(a), 71.19(b), 71.19(c), 71.20 to 71.23, inclusive, 71.47, 71.83 to 71.89, inclusive, 71.97, 71.101(a), 71.101(b), 71.101(c), 71.101(g), 71.105, 71.127 to 71.137, inclusive, and Appendix A to Part 71, as those provisions existed on November 14, 2007, are hereby adopted by reference, subject to the following:

     1.  The exclusion of the following definitions from 10 C.F.R. § 71.4:

     (a) “Close reflection by water”;

     (b) “Licensed material”;

     (c) “Optimum interspersed hydrogenous moderation”;

     (d) “Spent nuclear fuel or spent fuel”; and

     (e) “State.”

     2.  The substitution of the following rule references:

     (a) “NAC 459.737” for “§ 34.31(b) of this chapter” as found in 10 C.F.R. § 71.101(g);

     (b) “Subsection 1 of NAC 459.339” for “10 C.F.R § 20.1502”;

     (c) “NAC 459.3062” for “10 C.F.R. Part 35”;

     (d) “Subsection 5 of NAC 459.3585” for “10 C.F.R. § 20.1906(e)”;

     (e) “NAC 459.181” for “10 C.F.R. § 71.5”;

     (f) “10 C.F.R. §§ 71.101(a), 71.101(b), 71.101(c)(1), 71.101(g), 71.105 and 71.127 to 71.137, inclusive,” for “subpart H of this part” or “subpart H,” except in 10 C.F.R. §§ 71.17(b), 71.20(b), 71.21(b), 71.22(b) and 71.23(b);

     (g) “10 C.F.R. §§ 71.0(c), 71.1(a), 71.3, 71.4, 71.17(c)(2), 71.20(c)(2), 71.21(d)(2), 71.83 to 71.89, inclusive, 71.97, 71.101(b), 71.101(c), 71.101(g), 71.105 and 71.127 to 71.137, inclusive,” for “subparts A, G and H of this part”;

     (h) “10 C.F.R. § 71.47” for “subparts E and F of this part”; and

     (i) “10 C.F.R. §§ 71.101(a), 71.101(b), 71.101(c)(1), 71.101(g), 71.105 and 71.127 to 71.137, inclusive,” for “§§ 71.101 through 71.137.”

     3.  The substitution of the following terms:

     (a) “Division” for:

          (1) “Commission” in 10 C.F.R. §§ 71.0(c), 71.17(a), 71.20(a), 71.21(a), 71.22(a), 71.23(a) and 71.101(c)(1);

          (2) “Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response” in 10 C.F.R. §§ 71.97(c)(1) and 71.97(f)(1);

          (3) “Director, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001” in 10 C.F.R. § 71.97(c)(3)(iii); and

          (4) “NRC” in 10 C.F.R. § 71.101(f);

     (b) “The Nuclear Regulatory Commission or an agreement state” for “Commission” in 10 C.F.R. § 71.3;

     (c) “The Governor of Nevada” for:

          (1) “The governor of a State” in 10 C.F.R. § 71.97(a);

          (2) “Each appropriate governor” in 10 C.F.R. § 71.97(c)(1);

          (3) “The governor” in 10 C.F.R. § 71.97(c)(3);

          (4) “The governor of the State” in 10 C.F.R. § 71.97(e);

          (5) “The governor of each State” in 10 C.F.R. § 71.97(f)(1); and

          (6) “A governor” in 10 C.F.R. § 71.97(e);

     (d) “State of Nevada” for “State” in 10 C.F.R. §§ 71.97(a), 71.97(b)(2) and 71.97(d)(4);

     (e) “The Governor of Nevada’s” for:

          (1) “The governor’s” in 10 C.F.R. §§ 71.97(a), 71.97(c)(3), 71.97(e) and 71.97(f)(1);

          (2) “Governor’s” in 10 C.F.R. §§ 71.97(c)(1) and 71.97(e); and

          (3) “Governors’” in 10 C.F.R. § 71.97(c)(3)(iii);

     (f) “Specific or general” for “NRC” in 10 C.F.R. § 71.0(c);

     (g) “The Division” for “ATTN: Document Control Desk, Director, Spent Fuel Project Office, Office of Nuclear Material Safety and Safeguards” in 10 C.F.R. § 71.101(c)(1);

     (h) “Each” for “Using an appropriate method listed in § 71.1(a), each” in 10 C.F.R. § 71.101(c)(1);

     (i) “The material must be contained in a Type A package meeting the requirements of 49 C.F.R. § 173.417(a)” for “The fissile material need not be contained in a package which meets the standards of subparts E and F of this part; however, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements of 49 C.F.R. 173.417(a)” as found in 10 C.F.R. §§ 71.22(a) and 71.23(a);

     (j) “Licensee” for “licensee, certificate holder, and applicant for a CoC”; and

     (k) “Licensee is” for “licensee, certificate holder, and applicant for a CoC are.”

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      NAC 459.200  Expiration and termination of specific licenses; notification of Division before certain events; decommissioning. (NRS 459.030, 459.201)

     1.  Except as otherwise provided in subsections 2, 3 and 4, a specific license expires at the end of the day on the date of expiration set forth on the license.

     2.  A specific license for which a licensee has, not less than 30 days before the date of expiration set forth on the license, filed an application for renewal pursuant to NAC 459.202 remains effective until the Division makes a final decision on the application, and the license application will be considered timely. If the decision is to deny the application for renewal, the license expires on the date of the decision or, if the Division specifies a date of expiration in the decision to deny the application for renewal, on the date specified.

     3.  If the renewal application for a specific license is not received at least 30 days before the date of expiration set forth on the license, the licensee shall:

     (a) Pay an expedited review fee of twice the annual fee set forth in NAC 459.310, which, upon submittal, grants the licensee an administrative authorization for the license to remain effective until the Division makes an expedited decision on the application;

     (b) Stop all operations involving radioactive materials and place all sources of radiation in storage until they can be transferred to persons authorized to receive them; or

     (c) Stop all operations on the expiration date of the license until the Division makes a decision on the application or issues a renewed license.

     4.  A specific license revoked by the Division expires on the date of the decision of the Division to revoke the license or on the date specified in the decision of the Division to revoke the license.

     5.  A specific license continues in effect with respect to the possession of radioactive material until the Division notifies the licensee in writing that the license is terminated. During the time the specific license continues in effect, the licensee shall:

     (a) Limit actions involving radioactive material to those related to decommissioning; and

     (b) Continue to control entry to restricted areas until they are suitable for release so that there is no undue hazard to public health and safety.

     6.  Except as otherwise provided in subsection 8, a licensee shall notify the Division in writing within 60 days before:

     (a) The decision of the licensee to cease permanently its principal activities at the entire site or in a separate building or outdoor area that contains residual radioactivity if the building or outdoor area is unsuitable for release because of an undue hazard to public health and safety;

     (b) The end of a 24-month period in which no principal activities have been conducted pursuant to the license; or

     (c) The end of a 24-month period in which no principal activities have been conducted in a separate building or outdoor area that contains residual radioactivity and the building or outdoor area is unsuitable for release because of an undue hazard to public health and safety.

     7.  Coincident with the notification required by subsection 6, the licensee shall maintain in effect all financial assurances for decommissioning established by the licensee pursuant to NAC 459.1955 in conjunction with the issuance or renewal of a license as required by this section. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to meet the detailed cost estimate for decommissioning. After the Division approves the plan for decommissioning, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site with the approval of the Division.

     8.  The Division may grant a request to extend the period during which notification is required pursuant to subsection 6 if the Division determines that such an extension is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted not later than 30 days before notification is required pursuant to subsection 6. The schedule for decommissioning may not commence until the Division has made a determination on the request.

     9.  A plan for decommissioning must be submitted to the Division by the licensee if it is required by a condition of the license or if the procedures for decommissioning have not been approved by the Division and these procedures could increase the potential impacts on the health and safety of workers or the public, including, without limitation, if:

     (a) The procedures involve techniques not applied routinely during cleanup or maintenance operations;

     (b) The workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during normal operations;

     (c) The procedures could result in a significantly greater airborne concentration of radioactive materials than is present during normal operations; or

     (d) The procedures could result in a significantly greater release of radioactive material to the environment than that associated with normal operations.

Ê Such procedures may not be carried out by the licensee without being approved by the Division before they commence.

     10.  A proposed plan for decommissioning will be approved by the Division if decommissioning will be completed as soon as practical, the health and safety of the workers and the public will be protected and the proposed plan for decommissioning includes:

     (a) A description of the conditions of the site, separate building or outdoor area sufficient to evaluate the acceptability of the plan;

     (b) A description of the decommissioning activities;

     (c) A description of the methods that will be used to ensure the protection of workers and the environment against radiation hazards during decommissioning;

     (d) A description of the planned final radiation survey;

     (e) An updated and detailed cost estimate for decommissioning, comparison of that estimate with the money set aside for decommissioning and a plan for ensuring the availability of adequate money for completion of decommissioning; and

     (f) For a plan for decommissioning in which completion of decommissioning will be later than 24 months after approval of the plan, a justification for the delay based on the criteria set forth in subsection 13.

     11.  A licensee shall begin decommissioning of the site within 60 days after the plan for decommissioning is approved by the Division.

     12.  Except as otherwise provided in subsection 13, a licensee:

     (a) Shall complete decommissioning of the site, separate building or outdoor area as soon as practicable, but not later than 24 months after decommissioning begins.

     (b) Must, if decommissioning involves an entire site, request termination of the license as soon as practicable, but not later than 24 months after decommissioning begins.

     13.  The Division may approve a request by the licensee for an extension of the period allowed for decommissioning or termination of a license if the Division determines that such an extension is necessary because:

     (a) It is not technically feasible to complete decommissioning within 24 months;

     (b) There is not sufficient capacity for waste disposal to allow completion of decommissioning within 24 months;

     (c) A significant reduction in the volume of wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;

     (d) A significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; or

     (e) There are other site-specific factors that make decommissioning within 24 months undesirable or unfeasible, including, without limitation, the regulatory requirements of other government agencies, lawsuits, activities involving the treatment of groundwater, monitored restoration of natural groundwater, actions that could result in more environmental harm than deferred cleanup and other factors beyond the control of the licensee.

     14.  As the final step in decommissioning, the licensee shall certify the disposition of all licensed material, including, without limitation, accumulated wastes, by submitting to the Division a completed NRC Form 314 or information that is equivalent to that contained in the completed form and:

     (a) Demonstrate that the premises where the licensed activities were carried out satisfy the criteria for decommissioning set forth in NAC 459.316 to 459.3184, inclusive; or

     (b) Conduct a radiation survey of the premises and submit to the Division a report of the results of this survey. The radiation survey must demonstrate that the premises are suitable for release and include:

          (1) A description of the levels of gamma radiation in units of millirem (millisievert) per hour at 1 meter from surfaces;

          (2) A description of the levels of radioactivity, including, without limitation, alpha and beta radiation, in units of:

               (I) Microcuries (megabecquerels) per 100 square centimeters, removable and fixed, for surfaces;

               (II) Microcuries (megabecquerels) per milliliter for water; and

               (III) Picocuries (becquerels) per gram for solids, including, without limitation, soils and concrete; and

          (3) A description of the survey instruments used and a statement that each instrument was properly calibrated and tested. The statement must be certified by the person who calibrated and tested the instrument.

     15.  A specific license, including an expired license, will be terminated by written notice to the licensee that the Division has determined that:

     (a) All radioactive material has been disposed of properly;

     (b) Reasonable effort has been made by the licensee to eliminate residual radioactive contamination, if present;

     (c) All records required to be maintained pursuant to subsection 12 of NAC 459.1955 have been received by the Division; and

     (d) The radiation survey performed by the licensee or other information submitted by the licensee demonstrates that the premises are suitable for release in accordance with the criteria for decommissioning set forth in NAC 459.316 to 459.3184, inclusive.

     [Bd. of Health, Radiation Control Reg. § 3.5.8, eff. 2-28-80]—(NAC A 4-27-84; 1-21-92; 10-22-93; 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; R185-08, 5-7-2010)

      NAC 459.202  Renewal of specific licenses. (NRS 459.201)  Applications for renewal of specific licenses must be filed in accordance with NAC 459.200 and 459.236 and, except as otherwise provided in NAC 459.203, must be accompanied by the appropriate fee as set forth in NAC 459.310. The application for renewal must be received by the Division not later than the date on which the license expires. If the application is not received by that date, the licensee must:

     1.  Stop all operations involving radioactive materials and place all sources of radiation in storage until they can be transferred to persons authorized to receive them; or

     2.  Submit to the Division within 5 days after the license expires an application for renewal of the license accompanied by a fee that is equal to twice the amount of the appropriate fee set forth in NAC 459.310.

     [Bd. of Health, Radiation Control Reg. §§ 3.5.9-3.5.9.2, eff. 2-28-80]—(NAC A 9-1-89; 1-24-92; R084-98, 1-26-99; R085-06, 11-13-2006)

      NAC 459.203  Payment of fees for specific licenses. (NRS 459.201)

     1.  Except as otherwise provided in subsection 2, if the Division issues a specific license pursuant to NAC 459.196, the licensee must, for each year his or her specific license is valid, submit to the Division the appropriate fee set forth in NAC 459.310.

     2.  The fee must be received each year by the Division not later than the last day of the same month that is set forth as the date of expiration on the license. If the fee is not received by that date, the licensee must:

     (a) Stop all operations involving radioactive materials and place all sources of radiation in storage until they can be transferred to persons authorized to receive them; or

     (b) Submit to the Division within 5 days after the license expires an application for renewal of the license accompanied by a fee that is equal to twice the amount of the appropriate fee set forth in NAC 459.310.

     (Added to NAC by Bd. of Health, eff. 9-1-89; A 1-24-92; R084-98, 1-26-99)

      NAC 459.204  Amendment of license. (NRS 459.201)  Applications for amendment of a license must be filed in accordance with NAC 459.236 and specify the items which the licensee desires to be amended on his or her license and the ground for such amendment.

     [Bd. of Health, Radiation Control Reg. § 3.5.10, eff. 2-28-80]

      NAC 459.206  Action on applications to renew or amend licenses. (NRS 459.201)  In considering an application by a licensee to renew or amend his or her license, the Division will apply the criteria set forth in NAC 459.238 to 459.307, inclusive, as applicable.

     [Bd. of Health, Radiation Control Reg. § 3.5.11, eff. 2-28-80]

      NAC 459.208  Modification, suspension, revocation and termination of licenses. (NRS 459.201)

     1.  The terms and conditions of all licenses will be subject to amendment, revision or modification. The license may be suspended or revoked by reason of amendments to chapter 459 of NRS or by reason of regulations or orders issued by the Division.

     2.  Any license may be revoked, suspended or modified, in whole or in part, for any material false statement in the application or any statement of fact required under the provisions of chapter 459 of NRS or because of conditions revealed by such application or statement of fact or any report, record or inspection or other means which would warrant the Division to refuse to grant a license on an original application, or for violation of, or failure to observe any of the terms and conditions of chapter 459 of NRS, the license, or regulation or order of the Division.

     3.  Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, no license will be modified, suspended or revoked unless, prior to the institution of proceedings thereof:

     (a) Facts or conduct which may warrant such action have been called to the attention of the licensee in writing; and

     (b) The licensee has been accorded an opportunity to demonstrate or achieve compliance with all lawful requirements.

     4.  The Division may terminate a specific license upon a written request submitted by the licensee to the Division.

     [Bd. of Health, Radiation Control Reg. §§ 3.5.13-3.5.13.4, eff. 2-28-80]

      NAC 459.210  Reciprocal recognition of licenses. (NRS 459.030, 459.201)

     1.  Subject to the provisions of NAC 459.010 to 459.950, inclusive, a person who holds a specific license from the Nuclear Regulatory Commission or an agreement state issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained is hereby granted a general license to conduct within this State the activities authorized in the specific license for a period not in excess of 180 days in any calendar year provided that:

     (a) The specific license does not limit the activity authorized by the specific license to specified installations or locations.

     (b) The out-of-state licensee notifies the Division in writing at least 3 business days before engaging in the proposed activity and receives written permission from the Division to proceed with the proposed activity. The notification must indicate the location, period and type of proposed possession and use within the State, and must be accompanied by a copy of the specific license. If, for a specific case, the 3-day period would impose an undue hardship on the out-of-state licensee, he or she may apply to the Division and obtain written permission to proceed sooner. The Division may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license.

     (c) The out-of-state licensee complies with all applicable regulations of the Division and with all the terms and conditions of his or her specific license, except any terms and conditions which may be inconsistent with applicable regulations of the Division.

     (d) The out-of-state licensee supplies such other information as the Division may request.

     (e) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in this section except by transfer to a person:

          (1) Specifically licensed by the Division or by the Nuclear Regulatory Commission to receive such material; or

          (2) Exempt from the requirements for a license for such material pursuant to NAC 459.184.

     2.  A licensee must determine the jurisdiction of a temporary job site at a federal facility before radioactive materials may be used at the temporary job site. If the jurisdiction is unknown, the licensee must contact the federal agency to determine whether the job site is under exclusive federal jurisdiction. The jurisdiction of the job site must be obtained in writing from the federal agency, or the name and title of the person at the federal agency who provided the determination must be recorded along with the date of the determination.

     3.  Before a licensee may use radioactive material at a temporary job site in another state or at a federal facility, the licensee must obtain authorization, if the job site is:

     (a) In another state, from:

          (1) That state, if that state is an agreement state; or

          (2) The Nuclear Regulatory Commission, by filing for reciprocity or a specific license, if the state is not an agreement state or the job site is within an area of exclusive federal jurisdiction.

     (b) At a federal facility, from the Nuclear Regulatory Commission by:

          (1) Filing an NRC Form 241 in accordance with 10 C.F.R. § 150.20(b), as those provisions existed on December 17, 2007; or

          (2) Filing for a specific license.

     4.  Any person who holds a specific license issued by the Nuclear Regulatory Commission or an agreement state authorizing the holder to manufacture, transfer, install or maintain a device described in NAC 459.216 within areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate or maintain such a device in this State provided that:

     (a) The person shall file a report with the Division within 30 days after the end of each calendar quarter in which any such device is transferred to or installed in this State. Each such report must identify each general licensee to whom the device is transferred by name and address, the type of device transferred and the quantity and type of radioactive material contained in the device;

     (b) The device has been manufactured, labeled, installed and maintained in accordance with applicable provisions of the specific license issued to the person by the Nuclear Regulatory Commission or an agreement state;

     (c) The person must ensure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that: “Removal of this label is prohibited”; and

     (d) The holder of the specific license must furnish to each general licensee to whom he or she transfers the device or on whose premises he or she installs such device a copy of the general license contained in NAC 459.216.

     5.  The Division may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by another agency, or any product distributed pursuant to the licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.

     [Bd. of Health, Radiation Control Reg. §§ 3.6-3.6.1.3, 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; A by Bd. of Health by R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.212  General licenses: Source material. (NRS 459.201)

     1.  A general license is issued authorizing the use and transfer of not more than 15 pounds of source material at any one time by persons in the following categories:

     (a) Pharmacists using the source material solely for the compounding of medicinals;

     (b) Physicians using the source material for medicinal purposes;

     (c) Persons receiving possession of source material from pharmacists and physicians in the form of medicinals or drugs;

     (d) Commercial and industrial firms, and research, educational and medical institutions for research, development, educational or commercial purposes; and

     (e) If the person so licensed does not receive more than a total of 150 pounds of source material in any 1 calendar year.

     2.  A person who receives, possesses, uses or transfers source material pursuant to the general license issued under this section is exempt from the provisions of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, to the extent that the activities are within the terms of the general license. This exemption does not apply to any person who also possesses source material under a specific license issued pursuant to NAC 459.180 to 459.313, inclusive.

     3.  A general license is also issued authorizing the receipt of title to source material without regard to quantity. This general license does not authorize any person to receive, possess, use or transfer source material.

     [Bd. of Health, Radiation Control Reg. §§ 3.4-3.4.1.3, eff. 2-28-80]—(NAC A 1-18-94; R084-98, 1-26-99; R149-07, 1-30-2008)

      NAC 459.214  General licenses: Certain devices designed for use as static eliminators or for ionization of air. (NRS 459.201)

     1.  A general license is issued to transfer, receive, acquire, own, possess and use radioactive material incorporated in the following devices or equipment which have been manufactured, tested and labeled by the manufacturer in accordance with a specific license issued to the manufacturer by the Nuclear Regulatory Commission for use pursuant to 10 C.F.R. § 31.3. This general license is subject to the provisions of NAC 459.124 to 459.134, inclusive, subsection 3 of NAC 459.184, NAC 459.198, 459.208, 459.312 and 459.320 to 459.374, inclusive, relating to the labeling of containers, and NAC 459.780 to 459.794, inclusive.

     2.  The devices included in this license are:

     (a) Devices designed for use as static eliminators which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 500 microcuries of polonium-210 per device; and

     (b) Devices designed for ionization of air which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 500 microcuries of polonium-210 per device or a total of not more than 50 millicuries of hydrogen-3 (tritium) per device.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2-3.4.2.1.2, eff. 2-28-80]—(NAC A 1-18-94; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.216  General licenses: Certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere. (NRS 459.201)

     1.  A general license is issued to commercial and industrial firms, to research, educational and medical institutions, to a person engaged in the conduct of his or her own business, and to the state and local governments, including the agencies of either, to own, receive, acquire, possess, use or transfer, in accordance with the provisions of subsections 2 and 3 and NAC 459.218, radioactive material, excluding special nuclear material, contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage or qualitative or quantitative chemical composition or for producing light or an ionized atmosphere.

     2.  The general license in subsection 1 applies only to radioactive material contained in devices which have been manufactured or initially transferred and labeled in accordance with the specifications contained in a specific license issued by the Division pursuant to NAC 459.282, or in accordance with the specifications contained in a specific license issued by the Nuclear Regulatory Commission or an agreement state or contained in an equivalent specific license issued by a state with provisions comparable to 10 C.F.R. § 32.51.

     3.  A general licensee may receive a device described in this section only from a specific licensee described in subsection 2 or through a transfer made pursuant to subsection 9 of NAC 459.218 and 459.2185.

     4.  The general license provided in subsection 1 is subject to the provisions of NAC 459.124 to 459.134, inclusive, 459.198, 459.208, 459.2185, 459.219, 459.287, 459.289, 459.2895, 459.3062, 459.3075, 459.312 and 459.313.

     5.  The general license provided in subsection 1 does not authorize the manufacture or import of devices containing radioactive material.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2.2-3.4.2.2.2, 3.4.2.2.4 & 3.4.2.2.5, eff. 2-28-80]—(NAC A by R085-06, 11-13-2006; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.217  General licenses: Radium-226 contained in certain products. (NRS 459.201)

     1.  A general license is hereby issued to acquire, receive, possess, use or transfer radium-226 which is contained in the following products, if those products were manufactured before July 6, 2010:

     (a) Antiquities which were originally intended for use by the general public and distributed in the late 19th and early 20th centuries, including, without limitation, radium emanator jars, revigators, radium water jars, radon generators, refrigerator cards, radium bath salts and healing pads;

     (b) Intact timepieces containing greater than 1 microcurie (0.037 megabecquerel) of radium-226, nonintact timepieces and timepiece hands and dials which are no longer installed in timepieces;

     (c) Luminous items installed in air, marine or land vehicles;

     (d) All other luminous products, if not more than 100 items are used or stored at the same location at any one time; and

     (e) Radium sources which contain not more than 1 microcurie (0.037 megabecquerel) of radium-226, including, without limitation, discrete survey instrument check sources, sources contained in radiation measuring instruments, sources used in educational demonstrations such as cloud chambers and spinthariscopes, electron tubes, lightning rods, ionization sources, static eliminators or items otherwise designated by the Division.

     2.  A person who acquires, receives, possesses, uses or transfers radium-226 contained in any product listed in subsection 1 in accordance with a general license issued pursuant to that subsection is exempt from the provisions of NAC 459.124, 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, and 10 C.F.R. Part 21.

     3.  A person who acquires, receives, possesses, uses or transfers a product containing radium-226 in accordance with a general license issued pursuant to subsection 1 shall:

     (a) Notify the Division within 30 days, in writing, if there is any indication of possible damage to the product which may result in a loss of the radioactive material, including a brief description of the event in which the damage occurred and any remedial action taken;

     (b) Not abandon any product containing radium-226, but ensure that the product and any radioactive material from the product are disposed of pursuant to NAC 459.3125 or by transfer to a person authorized by a specific license to receive the radium-226 in the product or as otherwise approved by the Division;

     (c) Not export the product containing radium-226;

     (d) Dispose of the product containing radium-226 at a disposal facility authorized to dispose of radioactive material in accordance with any federal or state hazardous waste law, including, without limitation, the Solid Waste Disposal Act, as authorized under the Energy Policy Act of 2005, Public Law 109-058, by a transfer to a person authorized to receive radium-226 by a specific license issued pursuant to NAC 459.180 to 459.313, inclusive, or an equivalent regulation of an agreement state, or as approved by the Division; and

     (e) Respond to a written request from the Division to provide information relating to the acquisition, receipt, possession, use or transfer of radium-226 contained in any product listed in subsection 1 within 30 days after the request, unless another period is specified in the request. If the person is unable to provide the requested information within the required period, he or she may request an extension of time from the Division in writing at the address specified in NAC 459.134.

     4.  Except for the disassembly and repair of timepieces, a general license issued pursuant to subsection 1 does not authorize a person to manufacture, assemble, disassemble, repair or import products which contain radium-226.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      NAC 459.2175  General licenses: Labeling of certain sources of radium-226. (NRS 459.201)  A person who holds a general license issued pursuant to NAC 459.217 shall affix a label to each source or storage container for the source, which contains sufficient information to ensure the safe use and storage of the source and shall include in the label the information contained in NAC 459.224, or a substantially similar statement. Sources licensed under 10 C.F.R. § 32.57 or an equivalent state regulation before January 19, 1978, may bear labels authorized by the regulations in effect on January 1, 1978.

     (Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)

      NAC 459.218  Duties and restrictions regarding certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere. (NRS 459.201)  Any person who owns, receives, acquires, possesses, uses or transfers radioactive material in a device pursuant to the general license specified in subsection 1 of NAC 459.216:

     1.  Shall ensure that all labels affixed to the device at the time of receipt, and bearing a statement that removal of the label is prohibited, are maintained thereon and comply with all instructions and precautions provided by the labels.

     2.  Shall ensure that the device is tested for leakage of radioactive material and proper operation of the on-and-off mechanism and indicator, if any, and that such tests are conducted at no longer than 6-month intervals or at such other intervals as are specified in the label, except that:

     (a) Devices containing only krypton need not be tested for leakage of radioactive material; and

     (b) Devices containing only tritium or not more than 100 microcuries (3.7 megabecquerels) of other beta- or gamma-emitting material, or both, or 10 microcuries of alpha-emitting material and devices held in storage in the original shipping container before initial installation need not be tested for any purpose.

     3.  Shall ensure that the tests required by subsection 2 and other testing, installation, servicing and removal from installation, involving the radioactive materials, its shielding or containment, are performed and recorded:

     (a) In accordance with the instructions provided by the labels; or

     (b) By a person holding an applicable specific license from the Division, the Nuclear Regulatory Commission or an agreement state to perform such activities.

     4.  Shall maintain records showing compliance with the requirements of subsections 2 and 3. The records must show the results of tests. The records also must show the dates of performance of, and the names of persons performing, testing, installing, servicing and removal from installation concerning the radioactive material, its shielding or containment. Records of tests for leakage of radioactive material required by subsection 2 must be retained for 3 years after the next required leak test is performed or until the sealed source is transferred or disposed of. Records of tests of the on-and-off mechanism and indicator required by subsection 2 must be retained for 3 years after the next required test of the on-and-off mechanism and indicator is performed or until the sealed source is transferred or disposed of. Records which are required by subsection 3 must be retained for 3 years from the date of the recorded event or until the device is transferred or disposed of.

     5.  Upon the occurrence of a failure of or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-and-off mechanism or indicator, or upon the detection of 0.005 microcurie (185 becquerels) or more of removable radioactive material:

     (a) Shall immediately inform the Division by telephone;

     (b) Shall immediately suspend operation of the device;

     (c) Shall, within 30 days, furnish to the Division a report containing a brief description of the event and the remedial action taken;

     (d) Shall, in a case of detection of 0.005 microcurie (185 becquerels) or more of radioactive material or failure of or damage to a source likely to result in contamination of the premises or the environs, furnish to the Division a plan for ensuring that the premises and environs are acceptable for unrestricted use; and

     (e) Shall not, in a case of detection of 0.005 microcurie (185 becquerels) or more of radioactive material or failure of or damage to a source likely to result in contamination of the premises and the environs, operate the device until it has been repaired by the manufacturer or other person holding a specific license to repair the device issued pursuant to 10 C.F.R. Parts 30 and 32 or equivalent regulations of an agreement state.

     6.  Shall not abandon the device containing radioactive material.

     7.  Shall not export the device containing the by-product material except in accordance with 10 C.F.R. § 110.

     8.  Except as otherwise provided in subsection 9, may transfer or dispose of the device containing radioactive material only by export, as provided in subsection 7, or by transfer to a specific licensee of the Division, the Nuclear Regulatory Commission or an agreement state whose specific license authorizes him or her to receive the device or whose license authorizes waste collection. Within 30 days after transfer of a device to a specific licensee, or export, as provided in subsection 7, the person shall furnish to the Division a report containing identification of the device by the manufacturer’s or initial transferor’s name, the model number and serial number of the device transferred, the name, address and license number of the person receiving the device and the date of the transfer. A transferor shall not transfer the device to any specific licensee not described in this subsection without first obtaining written approval of the transfer from the Division, except that a holder of a specific license may transfer a device for possession and use pursuant to the holder’s specific license without prior approval if the holder:

     (a) Verifies that the specific license authorizes the possession and use, or applies for and obtains an amendment to the license authorizing the possession and use;

     (b) Removes, alters, covers or clearly and unambiguously augments the existing label which is otherwise required by subsection 1, so that the device is labeled in compliance with 10 C.F.R. § 20.1904 and the manufacturer, model number and serial number are retained;

     (c) Obtains the manufacturer’s or initial transferor’s information relating to maintenance that would be applicable under the specific license, including, without limitation, leak testing procedures; and

     (d) Reports the transfer pursuant to this subsection.

     9.  May transfer the device to another general licensee only:

     (a) Where the device remains in use at a particular location. In such a case the transferor shall give the transferee a copy of NAC 459.010 to 459.794, inclusive, and any safety documents identified in the label on the device and, within 30 days after the transfer, shall report to the Division the manufacturer’s or initial transferor’s name, the model number and serial number of the device transferred, the name, title, telephone number and address of the transferee, and the name and position of a person who may constitute a point of contact between the Division and the transferee and who has knowledge of, and authority to take actions to ensure compliance with, the appropriate regulations and requirements; or

     (b) Where the device is held in storage by an intermediate person in the original shipping container at its intended location of use before initial use by a general licensee.

     10.  Shall comply with the provisions of NAC 459.369 and 459.3695 for reporting radiation incidents, theft or loss of licensed material, but is exempt from the other requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive.

     11.  Except as otherwise provided in this subsection, shall respond to written requests from the Division to provide information relating to the general license within 30 calendar days after the date of the request or within the time specified in the request. If the general licensee cannot provide the requested information within the allotted time, the licensee shall, within the allotted time, request in writing additional time to comply with the request from the Division pursuant to the provisions of NAC 459.134.

     12.  Shall appoint a person responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with those regulations and requirements. The general licensee, through the person appointed pursuant to this subsection, shall ensure daily compliance with all applicable regulations and requirements. The provisions of this subsection do not relieve the licensee of any responsibility or obligation under this chapter or chapter 459 of NRS.

     13.  Except for a person who holds a general license issued by the Nuclear Regulatory Commission or an agreement state and who uses a device described in paragraph (a) in areas subject to the jurisdiction of the Division for a period of less than 180 days in any calendar year, pursuant to the provisions of NAC 459.210, shall:

     (a) Register any device which contains:

          (1) Ten millicuries (370 megabecquerels) or more of cesium-137;

          (2) One-tenth of a millicurie (3.7 megabecquerels) or more of strontium-90;

          (3) One millicurie (37 megabecquerels) or more of cobalt-60;

          (4) One-tenth of a millicurie (3.7 megabecquerels) or more of radium-226;

          (5) One millicurie (37 megabecquerels) or more of americium-241; or

          (6) One millicurie (37 megabecquerels) or more of any other transuranic element, that is, an element with an atomic number greater than uranium-92,

Ê based on the activity indicated on the label. Each address for a location of use, as described in subparagraph (5) of paragraph (b), represents a separate general licensee and requires a separate registration and fee. The general licensee shall register the device annually with the Division and shall pay the appropriate fee. In registering the device, the person shall verify, correct and, as appropriate, add to the information provided in a request from the Division for registration. The registration information must be submitted to the Division within 30 days after the date of the request for registration made by the Division, unless otherwise indicated in the request.

     (b) In complying with the registration requirements of paragraph (a), in addition to any other information specifically requested by the Division, provide, without limitation, the following information:

          (1) The name and mailing address of the general licensee;

          (2) The name of the manufacturer or initial transferor of each device;

          (3) The model number, serial number, radioisotope and activity, as indicated on the label, of each device;

          (4) The name, title and telephone number of the responsible person designated as a representative of the general licensee pursuant to subsection 12;

          (5) The address of the physical location at which each device is used and stored or, in the case of a portable device, the address of the primary place of storage;

          (6) A certification by the responsible person designated as the representative of the general licensee pursuant to subsection 12 that the information provided in the registration has been verified through a physical inventory and check of label information; and

          (7) A certification by the responsible person designated as the representative of the general licensee pursuant to subsection 12 that the responsible person is aware of the requirements of the general license.

     14.  Shall report to the Division any change to the mailing address for a location of use, including any change in the name of the general licensee, within 30 days after the effective date of the change. For a portable device, the general licensee is required to report only a change in the address of the primary place of storage of the portable device.

     15.  Shall not hold a device that is not in use for more than 2 years, except that a device that is kept in standby for future use is excluded from the 2-year time limit if the general licensee performs physical inventories of those devices held in standby on a quarterly basis. If a device with shutters is not being used, the shutters must be locked in the closed position. If a device is put back into service or is transferred to another person and was not tested during the required test interval, the device must be tested for leakage before use or transfer and the shutter must be tested before use. The Division may determine the eligibility for release for unrestricted use of such a device in accordance with the provisions of NAC 459.3178.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2.2.3-3.4.2.2.3.9, eff. 2-28-80]—(NAC A 9-6-88; 1-18-94; R085-06, 11-13-2006; R185-08, 5-7-2010)

      NAC 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. (NRS 459.201)

     1.  Except as otherwise provided in subsection 2, before a person may transfer a device containing radioactive material to the intended user of the device or an intermediate transferee for use by the intended user:

     (a) Pursuant to a general license issued pursuant to NAC 459.216, the person must be licensed pursuant to NAC 459.216 and 459.282 to distribute such devices and shall, before the initial transfer of the device, provide to the intended user of the device and each intermediate transferee:

          (1) A copy of the general license of the transferor issued pursuant to NAC 459.216, except that if subsections 2, 3, 4 and 13 of NAC 459.218 do not apply to the device those provisions may be omitted;

          (2) A copy of the provisions of NAC 459.124, subsection 1 of NAC 459.194 and NAC 459.369 and 459.3695;

          (3) A list of the services that can be performed only by a specific licensee;

          (4) Information concerning acceptable disposal options, including, without limitation, information concerning estimated costs of disposal; and

          (5) Notice that it is the policy of the Division to take enforcement action for improper disposal.

     (b) Pursuant to a general license which is equivalent to a license issued pursuant to NAC 459.216 and which is issued pursuant to the regulations of the Nuclear Regulatory Commission or an agreement state, the person must be licensed pursuant to NAC 459.216 and shall, before the initial transfer of the device, provide to the intended user of the device and each intermediate transferee:

          (1) A copy of the provisions of NAC 459.124, subsection 1 of NAC 459.194 and NAC 459.216 and 459.369 and a copy of the equivalent regulations of the Nuclear Regulatory Commission or agreement state, except that any provisions of the regulations of the Nuclear Regulatory Commission or agreement state which do not apply to the device may be omitted;

          (2) If a copy of the regulations of the Nuclear Regulatory Commission is provided in lieu of a copy of the regulations of the agreement state pursuant to subparagraph (1), a statement that the use of the device is regulated by the agreement state;

          (3) A list of the services that can be performed only by a specific licensee;

          (4) Information concerning acceptable disposal options, including, without limitation, information concerning estimated costs of disposal; and

          (5) The name or title, address and telephone number of the contact person at the Nuclear Regulatory Commission or appropriate regulatory agency of the agreement state from whom additional information may be obtained.

     2.  A licensee described in paragraph (a) or (b) of subsection 1 may propose an alternative method of informing an intended user of the device or other transferee of the type of information set forth in subsection 1 and may use the proposed method upon approval by the Division.

     3.  A general licensee who is subject to the provisions of paragraph (b) of subsection 1 and who transfers a device containing radioactive material after November 13, 2006, must comply with the provisions of NAC 459.282 concerning the labeling of the device.

     (Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006; A by R185-08, 5-7-2010)

      NAC 459.219  Requirements for separate locations of use of certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere. (NRS 459.201)  Each address for a location of use described in subparagraph (5) of paragraph (b) of subsection 13 of NAC 459.218 is deemed to represent a separate general license and requires separate registration and payment of a separate fee.

     (Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006; A by R185-08, 5-7-2010)

      NAC 459.220  General licenses: Luminous safety devices for aircraft. (NRS 459.201)

     1.  A general license is issued to own, receive, acquire, possess and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, if:

     (a) Each device contains not more than 10 curies of tritium or 300 millicuries of promethium-147; and

     (b) Each device has been manufactured, assembled or imported in accordance with a specific license issued by the Nuclear Regulatory Commission, or each device has been manufactured or assembled in accordance with the specifications contained in a specific license issued by the Division or any agreement state to the manufacturer or assembler of such device pursuant to licensing requirements equivalent to those in 10 C.F.R. § 32.53 of the regulations of the Nuclear Regulatory Commission.

     2.  Persons who own, receive, acquire, possess or use luminous safety devices pursuant to the general license in subsection 1 are exempt from the requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, except that they shall comply with the provisions of NAC 459.369 and 459.3695.

     3.  This general license does not authorize:

     (a) The manufacture, assembly or repair of luminous safety devices containing radioactive material.

     (b) The ownership, receipt, acquisition, possession or use of promethium-147 contained in instrument dials.

     4.  This general license is subject to the provisions of NAC 459.124 to 459.134, inclusive, 459.198, 459.208 and 459.312.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2.3-3.4.2.3.5, eff. 2-28-80]—(NAC A 1-18-94; R149-07, 1-30-2008)

      NAC 459.222  General licenses: Ownership of radioactive material. (NRS 459.201)  A general license is issued to own radioactive material without regard to quantity. This general license does not authorize the manufacture, production, transfer, receipt, possession or use of radioactive material.

     [Bd. of Health, Radiation Control Reg. § 3.4.2.4, eff. 2-28-80]

      NAC 459.224  General licenses: Calibration and reference sources. (NRS 459.201)

     1.  A general license is hereby issued to those persons listed to own, receive, acquire, possess, use and transfer, in accordance with the provisions of subsections 4 and 5, americium-241 in the form of calibration or reference sources:

     (a) Any person who holds a specific license issued by the Division which authorizes him or her to receive, possess, use and transfer radioactive material; and

     (b) Any person who holds a specific license issued by the Nuclear Regulatory Commission which authorizes him or her to receive, possess, use and transfer special nuclear material.

     2.  A general license is hereby issued to own, receive, possess, use and transfer plutonium in the form of calibration or reference sources in accordance with the provisions of subsections 4 and 5 to any person who holds a specific license issued by the Division which authorizes him or her to receive, possess, use and transfer radioactive material.

     3.  A general license is hereby issued to own, receive, possess, use and transfer radium-226 in the form of calibration or reference sources in accordance with the provisions of subsections 4 and 5 to any person who holds a specific license issued by the Division which authorizes him or her to receive, possess, use and transfer radioactive material.

     4.  The general licenses in paragraphs (a), (b) and (d) of subsection 5 apply only to calibration or reference sources which have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued to the manufacturer or importer of the sources by the Nuclear Regulatory Commission pursuant to 10 C.F.R. § 32.57 or § 70.39 or which have been manufactured in accordance with specifications contained in a specific license issued to the manufacturer by the Division or any agreement state pursuant to licensing requirements equivalent to those contained in 10 C.F.R. § 32.57 or § 70.39 of the regulations of the Nuclear Regulatory Commission.

     5.  The general licenses provided in subsections 1, 2 and 3 are subject to the provisions of NAC 459.124 to 459.134, inclusive, 459.198, 459.208, 459.312, 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive. In addition, persons who own, receive, acquire, possess, use or transfer one or more calibration or reference sources pursuant to NAC 459.180 to 459.313, inclusive:

     (a) Shall not possess at any one time or at any one location of storage or use more than 5 microcuries of americium-241, 5 microcuries of plutonium and 5 microcuries of radium-226 in those sources;

     (b) Shall not receive, possess, use or transfer such a source unless the source or its storage container bears a label which includes the following statement or a substantially similar statement:

 

     The receipt, possession, use and transfer of this source, Model ................, Serial No. ................, are subject to a general license and the regulations of the Nuclear Regulatory Commission or of a state with which the Commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

 

CAUTION - RADIOACTIVE MATERIAL - THIS SOURCE CONTAINS (AMERICIUM-241) (PLUTONIUM) (RADIUM-226). DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

 

..............................................................................................................

Name of manufacturer or importer

 

     (c) Shall ensure that the label required by paragraph (b) shows only the name of the appropriate material;

     (d) Shall not transfer, abandon or dispose of such source except by transfer to a person authorized by a license from the Division, the Nuclear Regulatory Commission or an agreement state to receive the source;

     (e) Shall store such source, except when the source is being used, in a closed container adequately designed and constructed to contain americium-241, plutonium or radium-226 which might otherwise escape during storage; and

     (f) Shall not use such source for any purpose other than the calibration of radiation detectors or the standardization of other sources.

     6.  These general licenses do not authorize the manufacture of calibration or reference sources containing americium-241, plutonium or radium-226.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2.5-3.4.2.5.6, eff. 2-28-80]—(NAC A 1-18-94; R084-98, 1-26-99; R149-07, 1-30-2008; R185-08, 5-7-2010)

      NAC 459.228  General licenses: Prepackaged units of radioactive material for in vitro testing. (NRS 459.201)  A general license is issued to any physician, clinical laboratory or hospital to receive, acquire, possess, transfer or use, for any of the following stated tests, in accordance with the provisions of NAC 459.230, the following radioactive materials in prepackaged units:

     1.  Iodine 125, iodine 131, selenium 75, cobalt 57 and carbon 14 in units not exceeding 10 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the radiation therefrom, to human beings or animals.

     2.  Hydrogen 3 (tritium) in units not exceeding 50 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or its radiation, to human beings or animals.

     3.  Iron 59 in units not exceeding 20 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration or radioactive material, or its radiation, to human beings or animals.

     4.  Mock iodine 125 reference or calibration sources in units not exceeding 0.05 microcurie of iodine 129 and 0.005 microcurie of americium 241 each for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or radiation from it to human beings or animals.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2.7-3.4.2.7.1.4, eff. 2-28-80]

      NAC 459.230  Duties and restrictions regarding prepackaged units of radioactive material for in vitro testing. (NRS 459.201)

     1.  A person may not receive, acquire, possess, use or transfer radioactive material pursuant to the general license established by NAC 459.228, until he or she has filed division form NRC-8, “Certificate - In Vitro Testing with Radioactive Material Under General License,” with the Division and received from the Division a validated copy of division form NRC-8 with certification number assigned. The physician, clinical laboratory or hospital shall furnish on division form NRC-8 the following information and any other information required by that form:

     (a) Name and address of the physician, clinical laboratory or hospital;

     (b) The location of use; and

     (c) A statement that the physician, clinical laboratory or hospital has appropriate radiation measuring instruments to carry out in vitro clinical or laboratory tests with radioactive material as authorized under the general license in NAC 459.228, and that tests will be performed only by personnel competent in the use of the instruments and in the handling of the radioactive material.

     2.  A person who receives, acquires, possesses or uses radioactive material pursuant to the general license established by NAC 459.228, shall comply with the following:

     (a) The general licensee shall not possess at any one time, pursuant to the general license in NAC 459.228, at any one location of storage or use a total amount of iodine 125, iodine 131, selenium 75, iron 59 or cobalt 57 in excess of 200 microcuries.

     (b) The general licensee shall store the radioactive material, until used, in the original shipping container or in a container providing equivalent radiation protection.

     (c) The general licensee shall use the radioactive material only for the uses authorized by NAC 459.228.

     (d) The general licensee shall not transfer the radioactive material to a person who is not authorized to receive it pursuant to a license issued by the Division, the Nuclear Regulatory Commission or any agreement state, nor transfer the radioactive material in any manner other than in the unopened, labeled shipping container as received from the supplier.

     (e) The general licensee must dispose of the mock iodine 125 reference or calibration sources described in subsection 4 of NAC 459.228, as required by NAC 459.3355 and 459.359 to 459.3615, inclusive.

     3.  The general licensee shall not receive, acquire, possess or use radioactive material pursuant to NAC 459.228:

     (a) Except as prepackaged units which are labeled in accordance with the provisions of an applicable specific license issued by the Nuclear Regulatory Commission or any agreement state which authorizes the manufacture and distribution of iodine 125, iodine 131, carbon 14, hydrogen 3 (tritium), selenium 75, iron 59, cobalt 57 or mock iodine 125 for distribution to persons generally licensed under NAC 459.228 or its equivalent; and

     (b) Unless the following statement or a substantially similar statement, which contains the information in the following statement, appears on a label affixed to each prepackaged unit or appears in a leaflet or brochure which accompanies the package:

 

This radioactive material must be received, acquired, possessed and used only by physicians, clinical laboratories or hospitals and only for in vitro clinical or laboratory tests not involving internal or external administration of the material, or the radiation therefrom, to human beings or animals. Its receipt, acquisition, possession, use and transfer are subject to the regulations and a general license of the Nuclear Regulatory Commission or of a state with which the Commission has entered into an agreement for the exercise of regulatory authority.

 

.........................................

Name of manufacturer

 

     4.  The physician, clinical laboratory or hospital possessing or using radioactive material under the general license of NAC 459.228 shall report in writing to the Division any changes in the information furnished by him or her in the “Certificate - In Vitro Testing with Radioactive Material Under General License,” division form NRC-8. The report must be furnished within 30 days after the effective date of such change.

     5.  Any person using radioactive material pursuant to the general license of NAC 459.228 is exempt from the requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, with respect to radioactive material covered by that general license except that such persons using mock iodine 125 described in subsection 4 of NAC 459.228 shall comply with the provisions of NAC 459.3355, 459.359 to 459.3615, inclusive, 459.369 and 459.3695.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2.7.2-3.4.2.7.6, eff. 2-28-80]—(NAC A 1-18-94)

      NAC 459.232  General licenses: Ice detection devices. (NRS 459.201)

     1.  A general license is issued to own, receive, acquire, possess, use and transfer strontium-90 contained in ice detection devices, if each device contains not more than 50 microcuries of strontium-90 and each device has been manufactured or imported in accordance with a specific license issued by the Nuclear Regulatory Commission or each device has been manufactured in accordance with the specifications contained in a specific license issued by the Division or any agreement state to the manufacturer of a device pursuant to licensing requirements equivalent to those in 10 C.F.R. § 32.61 of the regulations of the Nuclear Regulatory Commission.

     2.  Persons who own, receive, acquire, possess, use or transfer strontium-90 contained in ice detection devices pursuant to the general license in subsection 1:

     (a) Shall, upon occurrence of visually observable damage, such as a bend or crack or discoloration from overheating to the device, discontinue use of the device until it has been inspected, tested for leakage and repaired by a person holding a specific license from the Division, the Nuclear Regulatory Commission or an agreement state to manufacture or service such devices or shall dispose of the device pursuant to the provisions of NAC 459.3355 and 459.359 to 459.3615, inclusive;

     (b) Shall ensure that all labels affixed to the device at the time of receipt, and which bear a statement which prohibits removal of the labels, are maintained; and

     (c) Are exempt from the requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, except that the persons shall comply with the provisions of NAC 459.3355, 459.359 to 459.3615, inclusive, 459.369 and 459.3695.

     3.  This general license does not authorize the manufacture, assembly, disassembly or repair of strontium-90 in ice detection devices.

     4.  This general license is subject to the provisions of NAC 459.124 to 459.134, inclusive, 459.198, 459.208 and 459.312.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.2.8-3.4.2.8.4, eff. 2-28-80]—(NAC A 1-18-94; R149-07, 1-30-2008)

      NAC 459.234  General licenses: Intrastate transportation of radioactive material. (NRS 459.201)

     1.  A general license is issued to any common or contract carrier to transport and store radioactive material in the regular course of carriage for another or storage incident thereto if the transportation and storage is in accordance with the applicable requirements of the regulations, appropriate to the mode of transport, of the Department of Transportation relating to the loading and storage of packages, placarding of the transporting vehicle and incident reporting. Any notification of incidents referred to in the federal regulations must be filed with, or made to, the Division. Persons who transport and store radioactive material pursuant to this general license are exempt from the requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive.

     2.  A general license is issued to any private carrier to transport radioactive material, provided the transportation is in accordance with the applicable requirements of the regulations, appropriate to the mode of transport, of the Department of Transportation relating to the loading and storage of packages, placarding of the transporting vehicle and incident reporting. Incidents must be reported as described in subsection 1.

     3.  Persons who transport radioactive material pursuant to a general license issued under this section are exempt from the requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, to the extent that they transport radioactive material.

     4.  Physicians, are exempt from the requirements of subsection 2 to the extent that they transport radioactive material for use in the practice of medicine.

     [Bd. of Health, Radiation Control Reg. §§ 3.4.3-3.4.3.2.2, eff. 2-28-80]—(NAC A 1-18-94)

      NAC 459.236  Specific licenses: Application. (NRS 459.201)

     1.  Applications for specific licenses must be filed on a form prescribed by the Division and accompanied by the appropriate fee as prescribed in NAC 459.310.

     2.  The Division may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Division to determine whether the application should be granted or denied or whether a license should be modified or revoked.

     3.  Each application must be signed by the applicant or licensee or a person duly authorized to act for and on his or her behalf.

     4.  An application for a license may include a request for a license authorizing one or more activities.

     5.  In his or her application, the applicant may incorporate by reference information contained in previous applications, statements or reports filed with the Division provided such references are clear and specific.

     6.  Applications and documents submitted to the Division may be made available for public inspection except that the Division may withhold any document or part thereof from public inspection if disclosure of its content is not required in the public interest and would adversely affect the interest of a person concerned.

     7.  An application for a specific license to use radioactive material in the form of a sealed source or in a device that contains a sealed source must:

     (a) Identify the source or device by manufacturer and model number as registered with the Nuclear Regulatory Commission, or for a source or device which contains radium-226 or accelerator-produced radioactive material, pursuant to the provisions of NAC 459.289, 459.2895 or 459.3075 or 10 C.F.R. § 32.210 or registered with an agreement state pursuant to an equivalent regulation of the agreement state;

     (b) Contain the information identified in NAC 459.289, 459.2895 or 459.3075, 10 C.F.R. § 32.210 or an equivalent regulation of an agreement state; or

     (c) For a source or device which contains naturally occurring or accelerator-produced radioactive material which was manufactured before the effective date of this regulation, which is not registered with the Division pursuant to NAC 459.3075, the Nuclear Regulatory Commission pursuant to 10 C.F.R. § 32.210 or an agreement state pursuant to an equivalent regulation of the agreement state, and for which the applicant cannot provide all the information specified in 10 C.F.R. § 32.210(c):

          (1) Include all available information identified in 10 C.F.R. § 32.210(c) which concerns the source and, if applicable, the device; and

          (2) Include sufficient additional information to demonstrate with reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property, including, without limitation, a description of the source or device, a description of the radiation safety features, the intended use and associated operating experience of the licensee and the results of a recent leak test of the source or device.

     8.  If applicable pursuant to NAC 459.1955, an application for a specific license must contain a proposed plan for financing decommissioning or a certification of financial assurance for decommissioning.

     9.  An application from a medical facility or educational institution to produce positron emission tomography radioactive drugs for noncommercial distribution to its licensees in its consortium authorized for use pursuant to the provisions of 10 C.F.R. Part 35 or an equivalent regulation of an agreement state must include:

     (a) A request for authorization for the production of positron emission tomography radionuclides or evidence of an existing license for a positron emission tomography radionuclide production facility within its consortium, which is issued pursuant to NAC 459.180 to 459.313, inclusive, or an equivalent regulation in an agreement state from which it receives positron emission tomography radionuclides;

     (b) Evidence that the applicant is qualified to produce radioactive drugs for medical use pursuant to NAC 459.300 or 10 C.F.R. § 32.72(a)(2);

     (c) Identification of each person authorized to prepare the positron emission tomography radioactive drugs if the applicant is a pharmacy, and documentation that each meets the requirements of an authorized nuclear pharmacist pursuant to 10 C.F.R. § 32.72(b)(2); and

     (d) Information set forth in 10 C.F.R. § 32.72(a)(3) concerning the positron emission tomography drugs to be noncommercially transferred to the members of its consortium.

     [Bd. of Health, Radiation Control Reg. §§ 3.5-3.5.1.6, eff. 2-28-80]—(NAC A 9-1-89; R085-06, 11-13-2006; R185-08, 5-7-2010)

      NAC 459.238  Specific licenses: General requirements; reasons for denial. (NRS 459.201)

     1.  An application for a license will be approved if the Division determines that:

     (a) The applicant is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with the provisions of NAC 459.010 to 459.950, inclusive, in a manner to minimize danger to public health and safety or property;

     (b) The applicant’s proposed equipment, facilities and procedures are adequate to minimize danger to public health and safety or property;

     (c) The issuance of the license will not be inimical to the health and safety of the public; and

     (d) The applicant satisfies any applicable special requirements in NAC 459.2434 to 459.307, inclusive.

     2.  The Division will deny an application for a license if the Division determines that:

     (a) The issuance of the license would be inimical to the health and safety of the public;

     (b) The applicant does not satisfy the requirements of paragraph (a), (b) or (d) of subsection 1; or

     (c) The applicant has held a license authorizing a similar use of radioactive material issued by the Division or by the appropriate licensing agency in another jurisdiction and the license has either been revoked or the licensee has been cited for a violation, which the Division deems significant, of a regulation relating to matters of health and safety.

     [Bd. of Health, Radiation Control Reg. §§ 3.5.2-3.5.2.4, eff. 2-28-80]—(NAC A 10-22-93; R084-98, 1-26-99; R149-07, 1-30-2008)

      NAC 459.261  Specific licenses: Use of sealed sources in well logging. (NRS 459.201)

     1.  In addition to the requirements set forth in NAC 459.238, a specific license for use of sealed sources in well logging will be issued if:

     (a) The applicant develops a satisfactory program for training logging supervisors and logging assistants and submits to the Division a description of the program which specifies the:

          (1) Initial training;

          (2) On-the-job training;

          (3) Annual safety reviews that will be made by the licensee;

          (4) Means the applicant will use to demonstrate the logging supervisor’s knowledge and understanding of and ability to comply with the Division’s regulations and licensing requirements and the applicant’s operating and emergency procedures; and

          (5) Means the applicant will use to demonstrate the logging assistant’s knowledge and understanding of an ability to comply with the applicant’s operating and emergency procedures.

     (b) The applicant has established and submits to the Division satisfactory written operating and emergency procedures.

     (c) The applicant has established and submits to the Division a satisfactory program for annual inspections of the job performance of each logging supervisor to ensure that the Division’s regulations, licensing requirements and the applicant’s operating and emergency procedures are followed.

     (d) The applicant submits to the Division a satisfactory description of its overall organizational structure as it applies to the radiation safety responsibilities in well logging, including specified delegations of authority and responsibility.

     2.  If an applicant wants to perform leak testing of sealed sources, he or she must submit to the Division the identification of the manufacturers and the model numbers of the leak test kits to be used.

     3.  If an applicant wants to analyze his or her own wipe samples the applicant must submit satisfactory procedures to the Division which describe:

     (a) The instruments that will be used;

     (b) The methods of performing the analysis; and

     (c) The pertinent experience of the person who will analyze the wipe samples.

     (Added to NAC by Bd. of Health, eff. 4-27-84; A 9-6-88)

      NAC 459.262  Broad licenses: General requirements. (NRS 459.201)

     1.  NAC 459.180 to 459.274, inclusive, prescribe requirements for the issuance of specific licenses of broad scope for radioactive material, called “broad licenses” herein, and regulations governing holders of the licenses.

     2.  Authority to transfer possession or control by the manufacturer, processor or producer of any equipment, device, commodity or other product containing source material or by-product material whose subsequent possession, use, transfer and disposal by all other persons are exempted from regulatory requirements may be obtained only from the Nuclear Regulatory Commission, Washington, D.C. 20555.

     [Bd. of Health, Radiation Control Reg. § 3.5.4, eff. 2-28-80]—(NAC A by R149-07, 1-30-2008)

      NAC 459.264  Broad licenses: Types of licenses. (NRS 459.201)  The types of broad licenses available are:

     1.  A “type A specific license of broad scope” is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of the radioactive material specified in the license, not exceeding quantities specified in the license, for any authorized purpose, including, without limitation, medical use of radioactive material. The quantities specified are usually in the multicurie range.

     2.  A “type B specific license of broad scope” is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of radioactive material specified in NAC 459.266, for any authorized purpose. The possession limit for a type B broad license, if only one radionuclide is possessed under the license, is the quantity specified for that radionuclide in Column I of NAC 459.266. If two or more radionuclides are possessed, the possession limit for each is determined as follows: For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified in Column I of NAC 459.266 for that radionuclide. The sum of the ratios for all radionuclides possessed under the license must not exceed unity.

     3.  A “type C specific license of broad scope” is a specific license authorizing receipt, acquisition, ownership, possession, use and transfer of any chemical or physical form of radioactive material specified in NAC 459.266 for any authorized purpose. The possession limit for a type C broad license, if only one radionuclide is possessed, is the quantity specified for that radionuclide in Column II of NAC 459.266. If two or more radionuclides are possessed, the possession limit is determined for each as follows: For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified in Column II of NAC 459.266 for that radionuclide. The sum of the ratios for all radionuclides possessed under the license must not exceed unity.

     [Bd. of Health, Radiation Control Reg. §§ 3.5.4.1-3.5.4.1.3, eff. 2-28-80]—(NAC A by R084-98, 1-26-99)

      NAC 459.266  Broad licenses: Table of limits. (NRS 459.201)  The limits for radioactive material for broad licenses are:

 


Radioactive

Material

Column I

Curies

Column II

Curies

 

 

 

 

 

Antimony-122

1.0

0.01

 

Antimony-124

1.0

0.01

 

Antimony-125

1.0

0.01

 

Arsenic-73

10.0

0.1

 

Arsenic-74

1.0

0.01

 

Arsenic-76

1.0

0.01

 

Arsenic-77

10.0

0.1

 

Barium-131

10.0

0.1

 

Barium-140

1.0

0.01

 

Beryllium-7

10.0

0.1

 

Bismuth-210

0.1

0.001

 

Bromine-82

10.0

0.1

 

Cadmium-109

1.0

0.01

 

Cadmium-115m

1.0

0.01

 

Cadmium-115

10.0

0.1

 

Calcium-45

1.0

0.01

 

Calcium-47

10.0

0.1

 

Carbon-14

100.0

1.0

 

Cerium-141

10.0

0.1

 

Cerium-143

10.0

0.1

 

Cerium-144

0.1

0.001

 

Cesium-131

100.0

1.0

 

Cesium-134m

100.0

1.0

 

Cesium-134

0.1

0.001

 

Cesium-135

1.0

0.01

 

Cesium-136

10.0

0.1

 

Cesium-137

0.1

0.001

 

Chlorine-36

1.0

0.01

 

Chlorine-38

100.0

1.0

 

Chromium-51

100.0

1.0

 

Cobalt-57

10.0

0.1

 

Cobalt-58m

100.0

1.0

 

Cobalt-58

1.0

0.01

 

Cobalt-60

0.1

0.001

 

Copper-64

10.0

0.1

 

Dysprosium-165

100.0

1.0

 

Dysprosium-166

10.0

0.1

 

Erbium-169

10.0

0.1

 

Erbium-171

10.0

0.1

 

Europium-152 (9.2 h)

10.0

0.1

 

Europium-152 (13 y)

0.1

0.001

 

Europium-154

0.1

0.001

 

Europium-155

1.0

0.01

 

Fluorine-18

100.0

1.0

 

Gadolinium-153

1.0

0.01

 

Gadolinium-159

10.0

0.1

 

Gallium-72

10.0

0.1

 

Germanium-71

100.0

1.0

 

Gold-198

10.0

0.1

 

Gold-199

10.0

0.1

 

Hafnium-181

1.0

0.01

 

Holmium-166

10.0

0.1

 

Hydrogen-3

100.0

1.0

 

Indium-113m

100.0

1.0

 

Indium-114m

1.0

0.01

 

Indium-115m

100.0

1.0

 

Indium-115

1.0

0.01

 

Iodine-125

0.1

0.001

 

Iodine-126

0.1

0.001

 

Iodine-129

0.1

0.01

 

Iodine-131

0.1

0.001

 

Iodine-132

10.0

0.1

 

Iodine-133

1.0

0.01

 

Iodine-134

10.0

0.1

 

Iodine-135

1.0

0.01

 

Iridium-192

1.0

0.01

 

Iridium-194

10.0

0.1

 

Iron-55

10.0

0.1

 

Iron-59

1.0

0.01

 

Krypton-85

100.0

1.0

 

Krypton-87

10.0

0.1

 

Lanthanum-140

1.0

0.01

 

Lutetium-177

10.0

0.1

 

Manganese-52

1.0

0.01

 

Manganese-54

1.0

0.01

 

Manganese-56

10.0

0.1

 

Mercury-197m

10.0

0.1

 

Mercury-197

10.0

0.1

 

Mercury-203

1.0

0.01

 

Molybdenum-99

10.0

0.1

 

Neodymium-147

10.0

0.1

 

Neodymium-149

10.0

0.1

 

Nickel-59

10.0

0.1

 

Nickel-63

1.0

0.01

 

Nickel-65

10.0

0.1

 

Niobium-93m

1.0

0.01

 

Niobium-95

1.0

0.01

 

Niobium-97

100.0

1.0

 

Osmium-185

1.0

0.01

 

Osmium-191m

100.0

1.0

 

Osmium-191

10.0

0.1

 

Osmium-193

10.0

0.1

 

Palladium-103

10.0

0.1

 

Palladium-109

10.0

0.1

 

Phosphorus-32

1.0

0.01

 

Platinum-191

10.0

0.1

 

Platinum-193m

100.0

1.0

 

Platinum-193

10.0

0.1

 

Platinum-197m

100.0

1.0

 

Platinum-197

10.0

0.1

 

Polonium-210

0.01

0.0001

 

Potassium-42

1.0

0.01

 

Praseodymium-142

10.0

0.1

 

Praseodymium-143

10.0

0.1

 

Promethium-147

1.0

0.01

 

Promethium-149

10.0

0.1

 

Radium-226

0.01

0.0001

 

Rhenium-186

10.0

0.1

 

Rhenium-188

10.0

0.1

 

Rhodium-103m

1,000.0

10.0

 

Rhodium-105

10.0

0.1

 

Rubidium-86

1.0

0.01

 

Rubidium-87

1.0

0.01

 

Ruthenium-97

100.0

1.0

 

Ruthenium-103

1.0

0.01

 

Ruthenium-105

10.0

0.1

 

Ruthenium-106

0.1

0.001

 

Samarium-151

1.0

0.01

 

Samarium-153

10.0

0.1

 

Scandium-46

1.0

0.01

 

Scandium-47

10.0

0.1

 

Scandium-48

1.0

0.01

 

Selenium-75

1.0

0.01

 

Silicon-31

10.0

0.1

 

Silver-105

1.0

0.01

 

Silver-110m

0.1

0.001

 

Silver-111

10.0

0.1

 

Sodium-22

0.1

0.001

 

Sodium-24

1.0

0.01

 

Strontium-85m

1,000.0

10.0