459.182 - Exemptions for source materials

459.182. Exemptions for source materials

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 the requirements for a license set forth in NAC 459.180 to 459.374, inclusive, and NAC 459.780 to 459.794, 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 manufactured before August 27, 2013, if the glaze contains not more than 20 percent by weight source material;

(2) Glassware containing not more than 2 percent by weight source material or, for glassware manufactured before August 27, 2013, 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) Each counterweight has been impressed with the following legend clearly legible through the plating or other covering: "DEPLETED URANIUM"; and

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

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 (1) and (2) need not be met by counterweights manufactured before December 31, 1969, provided that such counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend required by the provisions of 10 C.F.R. § 40.13(c)(5)(ii) in effect on June 30, 1969.

(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 or uranium contained in or on finished optical lenses and mirrors, if each lens or mirror does not contain more than 10 percent by weight of thorium or uranium or, for lenses manufactured before August 27, 2013, 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 mirrors or manufacturing processes other than the assembly of such lenses or mirrors into optical systems and devices without any alteration of the lenses or mirrors; or

(2) The receipt, possession, use or transfer of uranium or thorium contained in contact lenses, in spectacles, or in eyepieces in binoculars or other optical instruments.

(h) 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.

5. No person may initially transfer for sale or distribution a product containing source material to persons exempt under subsection 3 or the equivalent regulations of the Nuclear Regulatory Commission or an agreement state, unless authorized by a license issued under 10 C.F.R. § 40.52 to initially transfer such products for sale or distribution. Persons:

(a) Initially distributing source material in products covered by the exemptions in subsection 3 before August 27, 2013, without specific authorization may continue such distribution through August 27, 2014. Initial distribution may also be continued until the Nuclear Regulatory Commission takes final action on a pending application for license or license amendment to specifically authorize distribution submitted on or before August 27, 2014.

(b) Authorized to manufacture, process or produce those materials or products containing source material by an agreement state and persons who import finished products or parts for sale or distribution must be authorized by a license issued under 10 C.F.R. § 40.52 for distribution only and are exempt from the requirements of NAC 459.316 to 459.374, inclusive, 459.780 to 459.794, inclusive, and paragraphs (a) and (b) of subsection 1 of NAC 459.238.

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; A by R144-13A, eff. 10-13-2016; A by R021-18A, eff. 12-18-2019

NRS 459.201

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