NAC459.022. “By-product material” defined.

“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)