NAC459.217. General licenses: Radium-226 contained in certain products.

     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)