Nev. Admin. Code § 459.218 - Duties and restrictions regarding certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere
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, 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.
Notes
NRS 459.201
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.