459.212 - General licenses: Source material

459.212. General licenses: Source material

1. A general license is hereby issued authorizing commercial and industrial firms, research, educational and medical institutions and federal, state and local governmental agencies to receive, possess, use and transfer uranium and thorium, in their natural isotopic concentrations and in the form of depleted uranium for research, development, educational, commercial or operational purposes in the following forms and quantities:

(a) Not more than 1.5 kilograms (3.3 pounds) of uranium and thorium in dispersible forms, including, without limitation, gaseous, liquid and powder forms, at any one time. Any material processed by the general licensee that alters the chemical or physical form of the material containing source material must be accounted for as a dispersible form. A person authorized to possess, use and transfer source material under this paragraph may not receive more than a total of 7 kilograms (15.4 pounds) of uranium and thorium in any 1 calendar year. Persons possessing source material in excess of these limits on August 27, 2013, may:

(1) Continue to possess up to 7 kilograms (15.4 pounds) of uranium and thorium at any one time through August 27, 2014, or until the Division takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and

(2) Receive up to 70 kilograms (154 pounds) of uranium or thorium in any 1 calendar year until December 31, 2014, or until the Division takes final action on a pending application submitted on or before August 27, 2014, for a specific license for such material; and

(b) Not more than one of the following:

(1) A total of 7 kilograms (15.4 pounds) of uranium and thorium at any one time. A person authorized to possess, use and transfer source material under this subsection may not receive more than a total of 70 kilograms (154 pounds) of uranium and thorium in any 1 calendar year. A person may not alter the chemical or physical form of the source material possessed under this subsection unless it is accounted for under the limits of paragraph (a).

(2) Seven kilograms (15.4 pounds) of uranium, removed during the treatment of drinking water, at any one time. A person may not remove more than 70 kilograms (154 pounds) of uranium from drinking water during a calendar year under this subsection.

(3) Seven kilograms (15.4 pounds) of uranium and thorium at laboratories for the purpose of determining the concentration of uranium and thorium contained within the material being analyzed at any one time. A person authorized to possess, use and transfer source material under this subsection may not receive more than a total of 70 kilograms (154 pounds) of source material in any 1 calendar year.

2. Any person who receives, possesses, uses or transfers source material in accordance with the general license issued in subsection 1:

(a) Is prohibited from administering source material, or the radiation therefrom, either externally or internally, to human beings except as may be authorized by the Division in a specific license.

(b) Shall not abandon such source material. Source material may be disposed of as follows:

(1) A cumulative total of 0.5 kilogram (1.1 pounds) of source material in a solid, nondispersible form may be transferred each calendar year, by a person authorized to receive, possess, use and transfer source material under the general license to persons receiving the material for permanent disposal. The recipient of source material transferred under the provisions of this subparagraph is exempt from the requirements to obtain a license under this section to the extent the source material is permanently disposed. This subparagraph does not apply to any person who is in possession of source material under a specific license issued pursuant to NAC 459.180 to 459.3154, inclusive; or

(2) In accordance with NAC 459.359.

(c) Is subject to the provisions of NAC 459.010 to 459.116, inclusive, 459.124, 459.126, 459.128, 459.134, 459.135, 459.180, 459.196, 459.198, 459.208, 459.312, 459.373 and 459.792.

(d) 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 such other time as specified in the request. If the person cannot provide the requested information within the allotted time, the person shall, within that same time period, request a longer period to supply the information by providing the Division, in accordance with NAC 459.134, a written justification for the request.

(e) Shall not export such source material except in accordance with 10 C.F.R. Part 110.

3. Any person who receives, possesses, uses or transfers source material in accordance with subsection 1 shall conduct activities so as to minimize contamination of the facility and the environment. When activities involving such source material are permanently ceased at any site, if evidence of significant contamination is identified, the general licensee shall notify the Division, in accordance with NAC 459.134, about such contamination and may consult with the Division as to the appropriateness of sampling and restoration activities to ensure that any contamination or residual source material remaining at the site where source material was used under this general license is not likely to result in exposures that exceed the limits set forth in NAC 459.3178.

4. A person who receives, possesses, uses or transfers source material pursuant to the general license issued under this section is exempt from the provisions of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, to the extent that the activities are within the terms of the general license except that such person shall comply with the provisions of NAC 459.359 to the extent necessary to meet the provisions of paragraph (b) of subsection 2 and subsection 3. This exemption does not apply to any person who also possesses a specific license issued pursuant to NAC 459.180 to 459.3154, inclusive.

5. Except as otherwise provided in this subsection, no person may initially transfer or distribute source material to persons generally licensed under paragraph (a) of subsection 1, or equivalent regulations of the Nuclear Regulatory Commission or an agreement state, unless authorized by a specific license issued in accordance with NAC 459.241 or equivalent provisions of the Nuclear Regulatory Commission or an agreement state. This prohibition does not apply to analytical laboratories returning processed samples to the client who initially provided the sample. Initial distribution of source material to persons generally licensed by paragraph (a) of subsection 1 before August 27, 2013, without specific authorization may continue through August 27, 2014. Distribution may also be continued until the Division takes final action on a pending application for a license or license amendment to specifically authorize distribution submitted on or before August 27, 2014.

6. A general license is also issued authorizing the receipt of title to source material without regard to quantity. This general license does not authorize any person to receive, possess, use or transfer source material.

Bd. of Health, Radiation Control Reg. ยงยง 3.4-3.4.1.3, eff. 2-28-80-NAC A 1-18-94; 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; A by R074-19A, eff. 5-21-2020

NRS 459.201

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