NAC459.180. Applicable provisions; exceptions.

     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)