[Rev. 7/10/2024 10:20:16 AM]
[NAC-459 Revised Date: 6-24]
CHAPTER 459 - HAZARDOUS MATERIALS
GENERAL PROVISIONS
459.010 Definitions.
459.012 “Absorbed dose” defined.
459.013 “Accelerator-produced radioactive
material” defined.
459.0145 “Activity” defined.
459.0147 “Address of use” defined.
459.015 “Adult” defined.
459.016 “Agreement state” defined.
459.018 “Airborne radioactive material”
defined.
459.0182 “Air-purifying respirator” defined.
459.0185 “Annual limit on intake” defined.
459.019 “Appendix A” defined.
459.0192 “Appendix B” defined.
459.0194 “Appendix C” defined.
459.0195 “Appendix E” defined.
459.0196 “Appendix G” defined.
459.020 “Area of airborne radioactivity”
defined.
459.0203 “Area of use” defined.
459.0205 “As low as is reasonably achievable”
defined.
459.02055 “Assigned protection factor” defined.
459.02065 “Atmosphere-supplying respirator”
defined.
459.02068 “Authorized medical physicist for
electronic brachytherapy” defined.
459.0207 “Authorized nuclear pharmacist”
defined.
459.0208 “Authorized user” defined.
459.021 “Background radiation” defined.
459.0212 “Becquerel” defined.
459.0214 “Bioassay” defined.
459.0216 “Boundary of a site” defined.
459.0218 “Brachytherapy source” defined.
459.022 “By-product material” defined.
459.024 “Calendar quarter” defined.
459.0241 “Category 1 irradiator” defined.
459.0243 “Chemical description” defined.
459.0245 “Class” defined.
459.025 “Collective dose” defined.
459.0252 “Collimator” defined.
459.0254 “Committed dose equivalent” defined.
459.0256 “Committed effective dose equivalent”
defined.
459.0258 “Consignee” defined.
459.02585 “Consortium” defined.
459.0259 “Constraint” defined.
459.026 “Curie” defined.
459.027 “Decommission” defined.
459.0275 “Deep-dose equivalent” defined.
459.0278 “Demand respirator” defined.
459.028 “Department of Energy” defined.
459.0285 “Depleted uranium” defined.
459.029 “Derived air concentration” defined.
459.0292 “Derived air concentration-hour”
defined.
459.0294 “Discrete source” defined.
459.0295 “Disposable respirator” defined.
459.0296 “Disposal container” defined.
459.030 “Division” defined.
459.032 “Dose” defined.
459.034 “Dose equivalent” defined.
459.0345 “Dosimetry processor” defined.
459.035 “Effective dose equivalent” defined.
459.0352 “Electron source” defined.
459.03525 “Electronic brachytherapy” defined.
459.0353 “Electronic brachytherapy source”
defined.
459.03535 “Electronic brachytherapy system”
defined.
459.0354 “Embryo” defined.
459.0356 “Entrance” defined.
459.0357 “Exempt radiation machine” defined.
459.036 “Exposure” defined.
459.038 “Exposure rate” defined.
459.0382 “External dose” defined.
459.0384 “Extremity” defined.
459.03843 “Federally exempt radiography” defined.
459.03845 “Field flood study” defined.
459.0385 “Filtering facepiece” or “dust mask”
defined.
459.0387 “Fit factor” defined.
459.0388 “Fit test” defined.
459.039 “Form regarding history of cumulative
occupational exposure” defined.
459.0395 “Generator” defined.
459.0397 “Gray” defined.
459.040 “Healing arts” defined.
459.041 “Helmet” defined.
459.042 “High radiation area” defined.
459.043 “Hood” defined.
459.044 “Human use” defined.
459.0445 “Industrial radiography” defined.
459.046 “Inspection” defined.
459.047 “Internal dose” defined.
459.0475 “Land disposal facility” defined.
459.0477 “Lens dose equivalent” defined.
459.048 “License” defined.
459.049 “Licensed radioactive material”
defined.
459.050 “Licensee” defined.
459.0504 “Limit” defined.
459.0505 “Loose-fitting facepiece” defined.
459.0506 “Lost or missing sources of radiation”
defined.
459.0507 “Medical event” defined.
459.0508 “Medical use of radioactive material”
and “medical use” defined.
459.051 “Member of the public” defined.
459.0512 “Minor” defined.
459.0515 “Mobile electronic brachytherapy”
defined.
459.0516 “Monitoring” defined.
459.0517 “National Source Tracking System”
defined.
459.0518 “National Source Tracking Transaction
Report” defined.
459.0519 “Nationally tracked source” defined.
459.052 “Natural radioactivity” defined.
459.0525 “Naturally occurring or
accelerator-produced radioactive material” defined.
459.0527 “Negative pressure respirator” defined.
459.053 “Nonstochastic effect” defined.
459.054 “Occupational dose” defined.
459.055 “Occupational exposure” defined.
459.0555 “Package” defined.
459.056 “Particle accelerator” defined.
459.058 “Person” defined.
459.059 “Personnel monitoring” defined.
459.060 “Personnel monitoring equipment”
defined.
459.062 “Pharmacist” defined.
459.063 “Physical description” defined.
459.064 “Physician” defined.
459.0645 “Planned special exposure” defined.
459.06455 “Portable shielding” defined.
459.0646 “Positive pressure respirator” defined.
459.06485 “Pressure demand respirator” defined.
459.06495 “Principal activities” defined.
459.065 “Public dose” defined.
459.0653 “Qualitative fit test” defined.
459.0655 “Quality factor” defined.
459.0657 “Quantitative fit test” defined.
459.066 “Rad” defined.
459.068 “Radiation” defined.
459.070 “Radiation area” defined.
459.072 “Radiation machine” defined.
459.074 “Radiation safety officer” defined.
459.075 “Radiation symbol” defined.
459.076 “Radioactive material” defined.
459.078 “Radioactivity” defined.
459.0785 “Record of occupational exposure for a
monitoring period” defined.
459.079 “Reference man” defined.
459.080 “Registrant” defined.
459.082 “Registration” defined.
459.084 “Regulations of the Department of
Transportation” defined.
459.085 “Released for unrestricted use”
defined.
459.086 “Rem” defined.
459.088 “Research and development” defined.
459.0885 “Residual waste” defined.
459.089 “Respiratory protective device”
defined.
459.090 “Restricted area” defined.
459.092 “Roentgen” defined.
459.093 “Sanitary sewerage” defined.
459.094 “Sealed source” defined.
459.0945 “Self-contained breathing apparatus”
defined.
459.095 “Shallow-dose equivalent” defined.
459.0955 “Shipper” defined.
459.0957 “Shipping papers” defined.
459.0959 “Sievert” defined.
459.096 “Source material” defined.
459.098 “Source of radiation” defined.
459.102 “Special nuclear material in quantities
not sufficient to form a critical mass” defined.
459.1025 “Specific training on the system
provided by the manufacturer” defined.
459.103 “Stochastic effect” defined.
459.1035 “Supplied-air respirator” defined.
459.104 “Survey” defined.
459.1045 “Temporary job site” defined.
459.106 “Termination” defined.
459.108 “Test” defined.
459.109 “Threshold” defined.
459.1092 “Tight-fitting facepiece” defined.
459.1095 “Total effective dose equivalent”
defined.
459.111 “Total organ dose equivalent” defined.
459.1115 “Uniform manifest” defined.
459.112 “Unrefined and unprocessed ore”
defined.
459.114 “Unrestricted area” defined.
459.1142 “User-performed seal check” defined.
459.1145 “Very high radiation area” defined.
459.11455 “Waste” defined.
459.1146 “Waste collector” defined.
459.1147 “Waste generator” defined.
459.1148 “Waste processor” defined.
459.1149 “Waste type” defined.
459.115 “Weighting factor” defined.
459.1152 “Whole body” defined.
459.1156 “Woman who has declared her pregnancy”
defined.
459.116 “Worker” defined.
RADIATION CONTROL
General Provisions
459.118 Applicability.
459.120 Exemptions.
459.122 Prohibited equipment.
459.123 Enforcement by Division of provisions
of statute and regulation governing state control of radiation.
459.1232 Adoption by reference and revision of
certain provisions of federal regulation regarding physical protection of certain
quantities of radioactive material.
459.1236 Storage and transfer of sources of
radiation.
459.124 Records.
459.125 Certain records and documents of the
Division regarding radiation control declared confidential; procedure for
marking documents as confidential.
459.126 Inspections.
459.128 Tests.
459.134 Communications with Division.
459.135 Deliberate misconduct prohibited;
enforcement action.
459.136 Procedure for review of actions taken
by Division; appeals.
459.138 Change of method for determining
calendar quarters.
459.140 Variances.
459.141 Termination of declaration of woman who
has declared her pregnancy.
459.142 Severability.
Registration of Radiation Machines: Generally
459.150 Scope of provisions; registration of
radiation machines and persons who install or perform service upon such
machines required; modifications of radiation machines; prohibitions.
459.152 Exemptions from requirements.
459.154 Applications for registration;
temporary use of portable machine; installation by authorized holder of
registration certificate required; fee for registration; refund of fee if paid
in error.
459.156 Registration certificate: Issuance;
incorporation of additional requirements and conditions.
459.158 Registration certificate: Expiration.
459.160 Registration certificate: Renewal.
459.161 Fees; failure to submit fee; refund of
fee paid in error.
459.162 Report of changes to Division.
459.164 Advertisement.
459.166 Transfer, loan, disposal, assembly or
installation of machine, supplies or equipment.
Registration of Radiation Machines: Invasive Intervention
Radiation Machines to Perform Federally Exempt Radiography
459.170 Additional requirements for
registration certificate; notice of certain changes to Division; retention and
provision of documentation.
459.172 Qualifications of person to operate
machine.
459.174 Duties of registrant.
459.176 Examination of machine; written record
of findings; corrective action.
459.178 Posting of techniques chart required.
459.179 Prohibition on use of machine for
screening or diagnostic mammography; exception.
Licensing of Radioactive Material
459.180 Applicable provisions; exceptions.
459.181 Compliance with federal regulations in
transport of licensed material.
459.182 Exemptions for source materials.
459.184 Exemption for certain concentrations
and quantities of radioactive material other than source material.
459.186 Table of exempt concentrations.
459.188 Table of exempt quantities.
459.190 Miscellaneous exemptions: Certain
timepieces, lock illuminators, precision balances, automobile shift quadrants,
marine navigational instruments, ionization chamber smoke detectors,
thermostats, electron tubes, ionizing radiation measuring instruments, static
elimination devices and ion generating tubes.
459.192 Miscellaneous exemptions: Certain
self-luminous products, articles containing radium-226, gas and aerosol
detectors, capsules containing carbon-14 urea, industrial devices containing
by-product material and synthetic plastic resins containing scandium-46.
459.194 Types of licenses.
459.195 Application for license: Evaluation or
emergency plan required for certain quantities of radioisotopes.
459.1951 Application for license: Quantities of
radioisotopes for which evaluation or emergency plan is required.
459.1955 Preparation for decommissioning: Plan
for financing; financial assurance; records.
459.196 Issuance of specific licenses;
incorporation of certain additional requirements and conditions.
459.197 Specific licenses: Appointment of
radiation safety officer required; exception.
459.198 Terms and conditions of licenses;
transfer of licenses.
459.1985 Nationally tracked sources: Assignment
of unique serial numbers.
459.199 Nationally tracked sources: Reporting
requirements; reconciliation of inventory with data in National Source Tracking
System.
459.1997 Adoption by reference and revision of
certain provisions of federal regulations regarding packaging and
transportation of radioactive material.
459.200 Expiration and termination of specific
licenses; notification of Division before certain events; decommissioning.
459.202 Renewal of specific licenses.
459.203 Payment of fees for specific licenses.
459.204 Amendment of license.
459.206 Action on applications to renew or
amend licenses.
459.208 Modification, suspension, revocation
and termination of licenses.
459.209 Grounds for denial of, refusal to
renew, suspension of or revocation of license, certificate or registration.
459.210 Reciprocal recognition of licenses.
459.212 General licenses: Source material.
459.216 General licenses: Certain detecting,
measuring, gauging or controlling devices and devices for producing light or
ionized atmosphere.
459.217 General licenses: Radium-226 contained
in certain products.
459.2175 General licenses: Labeling of certain
sources of radium-226.
459.218 Duties and restrictions regarding
certain detecting, measuring, gauging or controlling devices and devices for
producing light or ionized atmosphere.
459.2185 Requirements for transfer of certain
detecting, measuring, gauging or controlling devices and devices for producing
light or ionized atmosphere to intended users or intermediate transferees.
459.219 Requirements for separate locations of
use of certain detecting, measuring, gauging or controlling devices and devices
for producing light or ionized atmosphere.
459.220 General licenses: Luminous safety
devices for aircraft.
459.222 General licenses: Ownership of
radioactive material.
459.224 General licenses: Calibration and
reference sources.
459.228 General licenses: Prepackaged units of
radioactive material for in vitro testing.
459.230 Duties and restrictions regarding
prepackaged units of radioactive material for in vitro testing.
459.232 General licenses: Ice detection
devices.
459.234 General licenses: Intrastate transportation
of radioactive material.
459.236 Specific licenses: Application.
459.238 Specific licenses: General
requirements; reasons for denial.
459.241 Specific licenses: Initial transfer of
source material.
459.261 Specific licenses: Use of sealed
sources, tracers or field flood studies in well logging.
459.262 Broad licenses: General requirements.
459.264 Broad licenses: Types of licenses.
459.266 Broad licenses: Table of limits.
459.268 Broad licenses: Application for type A
specific license of broad scope.
459.270 Broad licenses: Application for type B
specific license of broad scope.
459.272 Broad licenses: Application for type C
specific license of broad scope.
459.274 Broad licenses: Conditions of license.
459.280 Specific licenses: Incorporation of
naturally occurring or accelerator-produced radioactive material into gas and
aerosol detectors.
459.282 Specific licenses: Manufacture or
distribution of devices.
459.286 Information required for manufacture
and distribution of devices.
459.287 Manufacturer or distributor of devices:
Provision of record of final disposition of bankruptcy proceeding.
459.288 Distribution of devices.
459.289 Report of transfer of device to or
receipt of device from person who has general license issued by State.
459.2895 Report of transfer of device to or
receipt of device from person who has general license issued by Nuclear
Regulatory Commission or agreement state.
459.290 Specific licenses: Manufacture,
assembly or repair of luminous safety devices for use in aircraft.
459.292 Specific licenses: Manufacture of
calibration and reference sources.
459.2923 Specific licenses: Manufacture or
initial transfer of calibration or reference sources.
459.2927 Specific licenses: Holder of license
issued pursuant to NAC 459.2923 to
perform dry wipe test before transferring source.
459.296 Specific licenses: Manufacture or
distribution of radioactive material for in vitro clinical or laboratory
testing.
459.298 Specific licenses: Manufacture and
distribution of ice detection devices.
459.300 Specific licenses: Manufacture,
preparation or transfer for commercial distribution of radioactive drugs.
459.302 Specific licenses: Manufacture and
distribution of generators or reagent kits for preparing radioactive drugs.
459.304 Manufacture and distribution of reagent
kits not containing radioactive material.
459.306 Specific licenses: Manufacture and
distribution of sources and devices for medical use.
459.3062 Adoption by reference and revision of
certain provisions of federal regulations regarding medical use of radioactive
material.
459.307 Testing sealed sources for leakage.
459.3075 Sealed source or device containing
sealed source intended for use under specific license: Request for evaluation
and registration; manufacture and distribution; inactivation of registration.
459.310 Fees of Division.
459.312 Transfer of material.
459.3125 Disposal of by-product material.
459.313 Transfer or shipment of radioactive
waste or by-product material for disposal at licensed land disposal facility.
Training and Experience Requirements for Radiation Safety
Officers Appointed for Certain Specified Uses of Radioactive Material
459.3141 Medical use of radioactive material.
459.3142 Industrial radiography.
459.3143 Radioactive material that involves use
of portable gauge.
459.3144 Radioactive material that involves use
of fixed gauge.
459.3145 Radioactive material that involves use
of category 1 irradiators.
459.3146 Radioactive material that involves use
of irradiators other than category 1 irradiators.
459.3147 Use of radioactive materials in academic
research or other research and development.
459.3148 Radioactive material that involves use
of gas chromatographs.
459.3149 Radioactive material that involves
X-ray fluorescence.
459.315 Type A specific license of broad scope.
459.3151 Type B specific license of broad scope.
459.3152 Certain preparation of radioactive
drugs in nuclear pharmacy for commercial distribution and redistribution.
459.3153 Use of sealed sources, tracers or field
flood studies in well logging.
459.3154 Certain possession and production of
radiochemicals using accelerator for transfer or distribution.
Radiological Criteria for Termination of License
459.316 Definitions.
459.3164 “Critical group” defined.
459.3166 “Distinguishable from background
radiation” defined.
459.3168 “Residual radioactivity” defined.
459.317 Applicability.
459.3172 Explanation of total effective dose
equivalent to average member of critical group used.
459.3174 Minimization of contamination required
for issuance of any license.
459.3176 Additional cleanup of decommissioned
site.
459.3178 Property of decommissioned facility:
Eligibility for release for unrestricted use.
459.318 Property of decommissioned facility:
Eligibility for release for restricted use.
459.3182 Property of decommissioned facility:
Alternate criteria for release for restricted or unrestricted use.
459.3184 Notice to public; public comment.
Standards for Protection Against Radiation
459.320 Purpose; applicability; reasonable
effort required.
459.3205 Adoption by reference of certain
provisions of federal regulations.
459.321 Development, implementation and review
of program for protection against radiation; establishment of constraint on air
emissions to environment of radioactive material.
459.323 Weighting factors.
459.3235 Quality factors for converting absorbed
dose to dose equivalent.
459.325 Limits on occupational doses for
adults.
459.3255 Compliance with requirements for
summation of external and internal doses.
459.327 Determination of external dose from
airborne radioactive material.
459.3275 Determination of compliance with limits
for occupational doses.
459.329 Requirements for planned special
exposures.
459.331 Annual limits for occupational doses
for minors.
459.333 Dose equivalents to embryos.
459.335 Dose limits for individual members of
public; application for authorization to increase annual dose limit; imposition
of additional restrictions; standards for nuclear power operations.
459.3355 Compliance with dose limits for
individual members of public.
459.336 Orders requiring bioassay services.
459.337 Surveys and monitoring.
459.339 Precautionary procedures: Conditions
requiring individual monitoring of external and internal occupational doses.
459.341 Precautionary procedures: Control of
access to high radiation areas.
459.343 Precautionary procedures: Control of
access to very high radiation areas.
459.345 Precautionary procedures: Control of
access to very high radiation area with sealed radioactive sources used to
irradiate materials.
459.347 Precautionary procedures: Use of
process or other engineering controls; alternative controls; consideration of
other safety factors.
459.349 Precautionary procedures: Use of
respiratory protective devices.
459.352 Precautionary procedures: Radiation
machines.
459.3525 Precautionary procedures: Control of
licensed radioactive material and radiation machines in unrestricted areas and
not in storage.
459.353 Precautionary procedures: Security of
stored material.
459.354 Precautionary procedures: Instruction
of personnel.
459.355 Precautionary procedures: Radiation
symbol; labels; additional information.
459.3555 Precautionary procedures: Requirements
for posting signs.
459.3565 Precautionary procedures: Exceptions to
requirements for posting signs.
459.357 Precautionary procedures: Requirements
for labeling containers and radiation machines.
459.3575 Precautionary procedures: Exceptions to
requirements for labeling containers.
459.3585 Precautionary procedures: Receiving,
monitoring and opening packages.
459.359 Disposal of waste: General requirements.
459.3595 Disposal of waste: Application for
approval of proposed procedures.
459.3605 Disposal of waste: Release into
sanitary sewerage.
459.361 Disposal of waste: Treatment or
disposal by incineration.
459.3615 Disposal of waste: Specific wastes.
459.362 Quantities of radioactive materials for
signs, labels and signals; disposal of waste.
459.3625 General requirements for preparation
and retention of records.
459.363 Authorized forms of records for
purposes of legibility and content; safeguards.
459.3635 Records of program for protection
against radiation.
459.3645 Records of surveys and calibrations.
459.365 Records of prior occupational doses.
459.3655 Records of planned special exposures.
459.3665 Records of results from individual
monitoring.
459.367 Records of dose to individual members
of public.
459.3673 Records of disposal of waste.
459.3675 Records of tests on entry control
devices for very high radiation areas.
459.368 Notice and reports to persons exposed
to radiation or radioactive material.
459.369 Requirements for report of lost, stolen
or missing licensed radioactive material or radiation machines.
459.3695 Report of certain incidents.
459.371 Submission of written reports for
certain occurrences; contents of reports.
459.3715 Submission of written reports after
planned special exposures.
459.373 Additional reporting requirements.
459.374 Notice of intent to vacate premises.
Radioactive Materials in the Healing Arts
459.3801 Restricted area: Release for unrestricted
use.
459.3805 Restricted area: Persons authorized to
enter.
X-Rays in the Healing Arts
459.400 Definitions.
459.402 “Accessible surface” defined.
459.404 “Added filtration” defined.
459.406 “Aluminum equivalent” defined.
459.408 “Attenuation block” defined.
459.410 “Automatic exposure control” defined.
459.412 “Beam axis” defined.
459.414 “Beam-limiting device” defined.
459.416 “Changeable filters” defined.
459.418 “Coefficient of variation” defined.
459.420 “Contact therapy system” defined.
459.422 “Control panel” defined.
459.424 “Cooling curve” defined.
459.426 “Dead-man switch” defined.
459.428 “Diagnostic source assembly” defined.
459.430 “Diagnostic-type protective tube housing”
defined.
459.432 “Diagnostic X-ray system” defined.
459.434 “Direct scattered radiation” defined.
459.436 “Entrance exposure rate” defined.
459.440 “Field emission equipment” defined.
459.442 “Filter” defined.
459.444 “Fluoroscopic imaging assembly”
defined.
459.446 “General purpose radiographic X-ray
system” defined.
459.450 “Half-value layer” defined.
459.452 “Image intensifier” defined.
459.454 “Image receptor” defined.
459.456 “Inherent filtration” defined.
459.458 “Kilowatt second” defined.
459.460 “Lead equivalent” defined.
459.462 “Leakage radiation” defined.
459.464 “Leakage technique factors” defined.
459.466 “Light field” defined.
459.468 “Maximum line current” defined.
459.470 “Mobile equipment” defined.
459.472 “Peak tube potential” defined.
459.474 “Phototimer” defined.
459.476 “Portable equipment” defined.
459.478 “Position indicating device” defined.
459.480 “Primary protective barrier” defined.
459.482 “Protective apron” defined.
459.484 “Protective barrier” defined.
459.486 “Protective glove” defined.
459.488 “Qualified expert” defined.
459.490 “Radiograph” defined.
459.492 “Radiographic imaging system” defined.
459.494 “Rating” defined.
459.496 “Recording” defined.
459.500 “Response time” defined.
459.502 “Scattered radiation” defined.
459.504 “Secondary protective barrier” defined.
459.506 “Source” defined.
459.508 “Source-image receptor distance”
defined.
459.510 “Spot film” defined.
459.512 “Stationary equipment” defined.
459.514 “Stray radiation” defined.
459.516 “Technique factors” defined.
459.518 “Therapeutic-type protective tube
housing” defined.
459.520 “Transportable equipment” defined.
459.522 “Tube” defined.
459.524 “Tube housing assembly” defined.
459.526 “Tube rating chart” defined.
459.528 “Useful beam” defined.
459.530 “Variable aperture beam-limiting
device” defined.
459.532 “Visible area” defined.
459.534 “X-ray control” defined.
459.536 “X-ray equipment” defined.
459.538 “X-ray field” defined.
459.540 “X-ray high-voltage generator” defined.
459.542 “X-ray system” defined.
459.544 “X-ray subsystem” defined.
459.546 “X-ray tube” defined.
459.550 Scope.
459.551 Notification and report of medical
misadministration; maintenance of record of medical misadministration.
459.552 Administrative controls: Direction of
operation by registrants.
459.554 Administrative controls: Radiographic
exposure.
459.556 Administrative controls: Minimum
exposure techniques; use of portable or mobile equipment.
459.558 Personnel monitoring.
459.5585 Instruction on radiation safety.
459.559 Quality management program.
459.5595 Requirements for registrants of
portable equipment which is hand-held and facilities which house such
equipment.
459.564 Diagnostic X-ray systems.
459.566 Fluoroscopic X-ray systems: Limitation
of useful beam; spot filming.
459.568 Fluoroscopic X-ray systems: Activation
of the tube.
459.570 Fluoroscopic X-ray systems: Exposure
rate limits; exception.
459.572 Fluoroscopic X-ray systems:
Barrier-rate limits.
459.574 Fluoroscopic X-ray systems: Indication
of potential and current; source-skin distance; exceptions for fluoroscopy
imaging system.
459.576 Fluoroscopic X-ray systems:
Fluoroscopic timer; mobile fluoroscopes.
459.578 Fluoroscopic X-ray systems: Control of
scattered radiation.
459.580 Intraoral dental radiographic systems.
459.581 Registration of electronic brachytherapy
systems or additional therapeutic X-ray systems.
459.582 Therapeutic X-ray systems: Leakage
radiation; diaphragms and beam-limiting devices.
459.584 Therapeutic X-ray systems: Filter systems,
tube housing.
459.586 Therapeutic X-ray systems: Beam
monitor.
459.588 Therapeutic X-ray systems: Timer;
control panel.
459.590 Therapeutic X-ray systems: Requirements
for design of treatment room.
459.592 Therapeutic X-ray systems: Surveys;
calibration; operating procedures.
459.5921 Therapeutic X-ray systems: Submission
of certain information to Division before installation of certain devices.
459.5922 Therapeutic X-ray systems: Requirements
for authorized users.
459.5923 Therapeutic X-ray systems: Requirements
for authorized medical physicist for electronic brachytherapy.
459.5924 Therapeutic X-ray systems:
Qualifications and duties of radiation safety officers.
459.5925 Therapeutic X-ray systems: Requirements
for persons who are not authorized users.
459.5926 Therapeutic X-ray systems: Requirements
for use; posting of certain procedures; duties of registrants.
459.5927 Therapeutic X-ray systems: Radiation
protection survey; portable monitoring equipment.
459.593 Electronic brachytherapy devices:
Requirements for installation, maintenance, adjustment, service or repair.
459.5931 Electronic brachytherapy devices: Fees.
459.5932 Electronic brachytherapy devices:
Validation of output; calibration.
459.5933 Electronic brachytherapy devices: Calibration
of dosimetry system.
459.5934 Electronic brachytherapy devices: Spot
checks.
459.5935 Electronic brachytherapy devices:
Requirements for mobile electronic brachytherapy.
459.5936 Electronic brachytherapy devices:
Acceptance test; comparison of position indicators; evaluation and approval of
parameters for treatment.
459.5937 Electronic brachytherapy devices: Quality
assurance program.
459.594 X-ray and electron therapy
installations: General requirements.
459.596 X-ray and electron therapy
installations: Leakage radiation; beam-limiting devices.
459.598 X-ray and electron therapy
installations: Filters; beam monitors.
459.600 X-ray and electron therapy
installations: Dose monitors.
459.602 X-ray and electron therapy
installations: Switches; timers.
459.604 X-ray and electron therapy
installations: Selections of radiation type, energy, and stationary or moving
beam.
459.606 X-ray and electron therapy
installations: Focal spot; beam orientation; system checks.
459.608 X-ray and electron therapy
installations: Shielding requirements.
459.610 X-ray and electron therapy
installations: Surveys; operating procedure; calibration.
459.612 X-ray and electron therapy
installations: Spot checks.
459.614 Veterinary medicine radiographic
installations.
459.616 Other radiographic systems: Beam
limitation.
459.618 General purpose X-ray systems:
Stationary and mobile.
459.620 Other radiographic systems: Special
purpose systems.
459.622 Devices to control exposures.
459.624 Other radiographic systems: Source to
skin distance; exposure reproducibility; standby radiation.
Radiation Safety Requirements for Analytical X-Ray Equipment
459.640 Definitions.
459.642 “Analytical X-ray equipment” defined.
459.644 “Analytical X-ray system” defined.
459.646 “Fail-safe characteristics” defined.
459.648 “Local components” defined.
459.650 “Normal operating procedures” defined.
459.652 “Open-beam configuration” defined.
459.654 “Primary beam” defined.
459.656 Scope.
459.658 Equipment requirements.
459.660 Area requirements.
459.662 Operating requirements.
459.664 Personnel requirements.
Radiation Safety Requirements for X-Ray Industrial Radiography
459.680 Definitions.
459.684 “Cabinet X-ray system” defined.
459.6843 “Control panel” defined.
459.6847 “Direct reading pocket dosimeter”
defined.
459.7015 “Storage area” defined.
459.7033 “X-ray industrial radiography” defined.
459.7037 “X-ray system” defined.
459.704 Purpose; applicability.
459.705 X-ray systems: Training requirements
for operators.
459.707 X-ray systems: Warning devices.
459.708 X-ray systems: Locking systems.
459.710 X-ray systems: Securing systems.
459.712 Equipment control: Radiation survey
instruments.
459.716 Equipment control: Inspection and
maintenance.
459.719 Precautionary procedures: Posting of
signs.
459.7234 Requirements for radiation safety
officer.
459.724 Safety requirements for operators of
X-ray systems.
459.733 Safety requirements at temporary job
sites, rooms or buildings.
Radiation Safety Requirements for Use of Sealed Source for
Industrial Radiography
459.737 Adoption by reference of certain
provisions of Code of Federal Regulations; revision of certain terms.
459.738 Compliance with certain provisions of
Code of Federal Regulations regarding program for inspecting and maintaining
transport containers.
Radiation Safety Requirements for Particle Accelerators
459.740 Purpose; additional requirements.
459.742 Requirements for registration; license
required under certain circumstances.
459.744 Safety requirements: Generally;
operation.
459.746 Safety requirements: Expert assistance;
shielding; controls; interlock systems; cutoff switch.
459.748 Safety requirements: Warning devices;
operating procedures.
459.750 Safety requirements: Monitoring.
459.752 Safety requirements: Ventilation
systems.
Radiation Safety Requirements for Well Logging
459.756 Definitions.
459.757 “Field station” defined.
459.7575 “Fresh water aquifer” defined.
459.758 “Injection tool” defined.
459.7585 “Irretrievable well logging source”
defined.
459.759 “Logging assistant” defined.
459.7595 “Logging supervisor” defined.
459.7598 “Logging tool” defined.
459.7605 “Personal supervision” defined.
459.761 “Radioactive marker” defined.
459.7615 “Safety review” defined.
459.7621 “Source holder” defined.
459.7625 “Subsurface tracer study” defined.
459.763 “Surface casing” defined.
459.7635 Purpose and applicability.
459.7641 Approval of operation required;
submission of information to Division; maintenance and retention of record.
459.7645 Agreement with owner or operator of
well.
459.765 Labeling of components and containers;
transportation of radioactive material.
459.7655 Storage of radioactive material; securing
packages for transportation.
459.7661 Availability and calibration of
instruments to survey and detect radiation.
459.7665 Inspection and maintenance of
equipment; restrictions on handling sealed sources.
459.767 Testing sealed sources for leakage.
459.7675 Semiannual inventories of radioactive
material.
459.7681 Records of sources of radiation used.
459.7685 Criteria for design and performance of
sealed sources.
459.769 Use of sealed source in well without
surface casing.
459.7695 Use of radioactive markers and uranium
sinker bars.
459.7701 Logging supervisors and assistants:
Qualifications; safety reviews; records.
459.7705 Logging supervisors: Training.
459.771 Logging supervisors: Presence at
temporary job sites; surveillance of operations.
459.7715 Operating and emergency procedures.
459.7721 Monitoring personnel.
459.7725 Surveys of radiation: Requirements;
records.
459.773 Control of radioactive contamination.
459.7735 Prohibited acts.
459.7741 Notifying Radiological Health Section
of certain events; procedure when sealed source is not retrievable.
459.7745 Maintenance of documents and records.
Notices; Instructions and Reports to Employees; Inspections
459.780 Purpose; applicability.
459.782 Notices to employees.
459.784 Instructions to employees.
459.786 Reporting of certain information.
459.788 Inspections: Generally; presence of
representatives of licensees, registrants and employees.
459.790 Inspections: Consultation with employees.
459.792 Inspections: Requests by employees.
459.794 Inspections: Informal review.
DISPOSAL OF RADIOACTIVE MATERIAL
General Provisions
459.800 Definitions.
459.8005 “Active maintenance” defined.
459.801 “Buffer zone” defined.
459.8015 “Chelating agent” defined.
459.802 “Disposal” defined.
459.8025 “Disposal area” defined.
459.803 “Disposal unit” defined.
459.8035 “Explosive material” defined.
459.804 “Hydrogeological unit” defined.
459.8045 “Inadvertent intruder” defined.
459.805 “Near the surface” defined.
459.8055 “Waste” defined.
Licenses for Disposal in Soil of Radioactive Wastes
459.806 Scope.
459.8065 General requirements for license.
459.807 Collection of environmental data.
459.8075 Application for license: General
information.
459.808 Application for license: Technical
information.
459.8085 Application for license: Analyses.
459.809 Application for license: Information
concerning ownership.
459.8095 Application for license: Financial
information.
459.810 General requirements of disposal area.
459.8105 Location and minimum characteristics of
disposal area.
459.811 Design of disposal area.
459.8115 Financial requirements: Demonstration
of ability to obtain necessary money.
459.812 Financial requirements: Assurances of
sufficient money for closure and stabilization.
459.8125 Financial requirements: Alternative
form of assurance.
459.813 Financial requirements: Contract with
governmental agency which owns disposal area.
459.8135 Variances.
459.814 Licenses: Necessary findings.
459.8145 Licenses: Conditions.
459.815 Conduct of operations: Standards for
protection from radiation.
459.8155 Limitations on annual release of
radioactive material to general environment.
459.816 Segregation and disposal of waste.
459.8165 Records of shipments.
459.817 Program of environmental observation.
459.8175 Authorization of specific alternatives
to requirements.
459.818 Inspection by Division.
459.8185 Tests by licensee or Division.
459.819 Annual reports.
459.8195 Records and reports: Preparation;
retention; reproduced copy.
459.820 Renewal of license.
459.8205 Application to amend license for
closure.
459.821 Responsibility of licensee after
authorization to close disposal area.
459.8215 Transfer of license to governmental
agency after closure.
459.822 Program to control access to area after
transfer of control.
459.8225 Amendment to terminate license.
Transportation of Radioactive Waste
459.8231 Requirements for shipping manifest;
exceptions.
459.8235 Procedure for transfer to land disposal
facility, licensed waste collector or licensed waste processor.
459.824 Duties of waste collector who collects
and handles only prepackaged waste.
459.8245 Duties of waste processor who
processes, treats or repackages waste.
459.825 Labels identifying classification of
waste.
459.8255 Investigation and report if receipt not
acknowledged.
459.826 Duties of operator of land disposal
facility.
Classification of Radioactive Waste
459.8265 Characteristics of each class.
459.827 Waste containing long-lived
radionuclides.
459.8275 Waste containing short-lived
radionuclides.
459.828 Waste containing mixture of long-lived
and short-lived radionuclides.
459.8285 Absence of listed radionuclides.
459.829 Waste containing mixture of
radionuclides: Computation of classification.
459.8295 Determination of concentration of
radionuclide.
459.830 Requirements for physical form and
packaging for all classes.
459.8305 Minimum requirements for stability of
wastes.
Disposal of Waste in State-Owned Area
459.850 Definitions.
459.860 Severability.
459.865 License required; effect of license.
459.870 Application for license.
459.875 Audit and inspection prerequisite to
licensing.
459.885 Suspension or revocation of license.
459.890 Reinstatement of suspended license.
459.900 Compliance with applicable federal and
state laws.
459.910 Duties of licensee.
459.920 Additional inspections.
459.940 Fees.
459.943 Burial at state-owned disposal area;
restrictions.
459.945 Surcharge for waste generated in state
not party to compact.
459.947 Periodic determination of whether
disposal charges are reasonable.
459.948 Determination of whether proposed
increase in disposal charges is reasonable.
PENALTIES
459.949 Administrative fine for failure to
comply with regulation or statute governing hazardous materials; procedure for
imposition of fine; recovery of actual damages; reduction of fine.
459.950 Administrative penalty for failure to
comply with agreement, license, regulation or statute governing operation of
state-owned area for disposal of waste.
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
459.952 Definitions.
459.95211 “Accidental release” defined.
459.95213 “Active mitigation” defined.
459.95215 “Administrative controls” defined.
459.95225 “C.A.P.P.” defined.
459.9523 “C.A.S.” defined.
459.95235 “Catastrophic release” defined.
459.95237 “Director” defined.
459.9524 “Division” defined.
459.95242 “Emergency response program” defined.
459.95244 “Endpoint” defined.
459.95246 “Environmental receptor” defined.
459.952465 “Explosive” defined.
459.95247 “Explosives manufacturing operation”
defined.
459.95248 “Facility” defined.
459.9525 “Field gas” defined.
459.95251 “First responding fire station”
defined.
459.95252 “Hazard assessment” defined.
459.95253 “Hazardous materials response station”
defined.
459.95255 “Highly hazardous substance” defined.
459.95256 “Hot work” defined.
459.95259 “Local building official” defined.
459.95263 “Medical treatment” defined.
459.95265 “Mitigation” and “mitigation system”
defined.
459.95267 “N.A.I.C.S.” defined.
459.95269 “Natural gas processing plant” defined.
459.952695 “New process” defined.
459.95271 “N.F.P.A.” defined.
459.95273 “Off-site” defined.
459.95275 “Owner or operator” defined.
459.95277 “Passive mitigation” defined.
459.95279 “Prevention program” defined.
459.95281 “Process” defined.
459.95283 “Process hazard analysis” defined.
459.95285 “Produced water” defined.
459.95289 “Public” defined.
459.95291 “Public receptor” defined.
459.95292 “Replacement in kind” defined.
459.95297 “Threshold quantity” defined.
459.95312 “Vessel” defined.
Applicability of Program
459.95321 Determination by owner or operator.
459.95323 Criteria for determination.
Table of Substances
459.9533 Tabulated values for threshold
quantity, two release quantity and toxic endpoints; classification of substance
as explosive.
General Requirements
459.95332 Duties of owner or operator of
facility.
459.95333 Change in ownership of facility.
459.95334 Annual fee. [Effective through June 30,
2024.]
459.95334 Annual fee. [Effective July 1, 2024.]
459.953345 Annual fees for facility with
explosives manufacturing operation. [Effective through June 30, 2024.]
459.953345 Annual fees for facility with
explosives manufacturing operation. [Effective July 1, 2024.]
459.95335 Exemption from payment of certain
annual fees.
459.95337 Certification of required documents.
459.95341 Management system; implementation plan.
459.95344 Reports of regulatory agencies.
Permits
459.95345 Permit required for construction;
preliminary meeting with Division.
459.953451 Application for permit to construct:
Submission; contents; requirements for accompanying documents, specifications
and calculations.
459.953455 Contents of application for permit to
construct: Process hazard analysis; information concerning process safety.
459.953457 Contents of application for permit to
construct: Site plan; plot plans of project area; diagrams; drawings.
459.953459 Contents of application for permit to
construct: Specifications.
459.95346 Contents of application for permit to
construct: Calculations.
459.953461 Contents of application for permit to
construct: Information concerning inspectors for construction of process pipes,
concrete foundations and structural steel.
459.953463 Initial review of application for
permit to construct; notification of applicant concerning completeness of
application.
459.953465 Notice of receipt of application for
permit to construct; period for public comment; action by Division after period
of public comment.
459.953467 Conditions for issuance of permit to
construct; approval of site plan; certain modifications in construction to be
reflected in pre-start-up safety review.
459.953469 Commencement of construction before
issuance of permit to construct.
459.95347 Maintenance and availability of
information during construction activity; revised schedule for construction
upon issuance of permit to construct.
459.953471 Permit to operate: Requirements to
commence operation or to bring highly hazardous substances or explosives onto
site of new process.
459.953473 Permit to operate: Conditions for
issuance; notification of Division when certain requirements are satisfied.
459.953475 Fees; request for Division to cease
evaluation for permit.
Registration
459.95348 General requirements.
459.9535 Annual registration: Information
concerning facility.
459.95354 Annual registration: Accident history
of facility.
Hazard Assessments
459.95364 Parameters for analysis of off-site
consequences.
459.95366 Analysis of worst-case scenarios.
459.95368 Analysis of alternative release
scenarios.
459.9537 Estimation of population potentially
affected.
459.95372 Definition of environmental receptors.
459.95374 Review and update of off-site
consequence analyses; revised analyses.
459.95376 Documentation to be maintained
concerning worst-case release scenarios and alternative release scenarios.
Prevention Programs
459.95412 Compilation of information concerning
process safety.
459.95414 Process hazard analysis.
459.95416 Operating procedures.
459.95418 Training procedures.
459.95421 Procedures for maintenance of
equipment.
459.95423 Procedures for management of certain
changes.
459.95425 Pre-start-up safety review.
459.95427 Evaluation and documentation of
compliance.
459.95429 Investigation of incidents; incident
reports; corrective action.
459.95431 Employee participation.
459.95433 Hot work permits.
459.95435 Duties of owner or operator concerning
contractors; duties of contractors.
Emergency Response Programs
459.9544 Compliance; exemption.
459.95442 Establishment and implementation;
review and coordination; written program.
Two or More Releases From Facility
459.95486 Prerequisites for exemption of process
from C.A.P.P.; continued compliance.
459.95488 Grant of exemption from C.A.P.P.:
Procedure; considerations.
Revalidation of Process Hazard Analysis
459.9549 General requirements; new analysis in
lieu of revalidation.
459.95496 Current process safety information and
hazard assessment.
459.95498 Current procedures and programs.
459.955 Consideration of incidents;
recommendations for correction of deficiencies.
Administration and Enforcement
459.9552 Site inspections.
459.95521 Investigation of accidents.
459.95523 Protection of confidentiality of
certain information.
459.95526 Administration and enforcement of
certain federal regulations.
459.95528 Adoption by reference of certain codes
and standards.
NUCLEAR PROJECTS
459.960 Definitions.
459.963 Clarification of regulations.
459.965 Meetings of Commission.
459.967 Correspondence with Agency.
459.969 Notification of action of Agency; fee
for copies.
CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES
General Provisions
459.96902 Definitions.
459.96904 “Accuracy” defined.
459.96906 “Analyst” defined.
459.96908 “Analyte” defined.
459.9691 “Approved method of testing” defined.
459.96912 “Certified laboratory” defined.
459.96914 “Commission” defined.
459.96916 “Director” defined.
459.96918 “Division” defined.
459.9692 “Federal Act” defined.
459.96922 “National Environmental Laboratory
Accreditation Conference” defined.
459.96924 “National Environmental Laboratory
Accreditation Program” defined.
459.96926 “Performance-based measurement system”
defined.
459.96928 “Precision” defined.
459.9693 “Proficiency test sample” defined.
459.96932 “Proficiency testing program” defined.
459.96934 “Quality control sample” defined.
459.96936 “Quality manual” defined.
459.96938 “Sensitivity” defined.
459.9694 “Spike” defined.
459.96942 “Standards” defined.
459.96944 “Waste sample” defined.
Guidelines and Procedures
459.96946 Adoption by reference of National
Environmental Laboratory Accreditation Conference-Constitution, Bylaws, and
Standards.
459.96948 Adoption by reference of certain
publications related to sample collection procedures, analytical methodologies
and requirements for certification.
459.9695 Adoption by reference of Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods, SW-846.
459.96952 Adoption by reference of Method
1600-Membrane Filter Test Method for Enterococci in Water.
459.96954 Adoption of certain ASTM standards and
other publications related to calibration and testing laboratories, and
examination of water and wastewater.
459.96956 Interpretation of provisions; resolution
of conflicting requirements.
459.96958 Scope of certification.
459.9696 Categories of analytes for which laboratory
may be certified.
459.96962 Requirements for certification.
459.96964 Certification by Division or pursuant to
National Environmental Laboratory Accreditation Program.
459.96966 Application for certification.
459.96968 Participation in proficiency testing
program.
459.9697 Adoption of quality manual by laboratory;
contents.
459.96972 Inspection of laboratory by Division.
459.96974 Grounds for denial of application for
certification, or revocation, suspension or limitation of certification.
459.96976 Reapplication after denial of application
or revocation of certification.
459.96978 Renewal of certification.
459.9698 Display of certificate; conditions for
surrender of certificate; issuance of document.
459.96982 Notification of Division of certain
changes concerning certified laboratory.
459.96984 Contractual agreements, records and
reports.
Miscellaneous Provisions
459.96986 Fees for certification.
459.96988 Acceptance of analyses conducted by
laboratory located outside State.
459.9699 Review by Commission of publications
adopted by reference.
CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS
459.970 Definitions.
459.97002 “Class A operator” defined.
459.97004 “Class B operator” defined.
459.97006 “Class C operator” defined.
459.9701 “Consultant” defined.
459.9702 “Division” defined.
459.9703 “Employee” defined.
459.9704 “Environmental manager” defined.
459.9705 “Handler of underground storage tanks”
defined.
459.9706 “Hazardous material” defined.
459.9707 “Hazardous substance” defined.
459.9708 “Hazardous waste” defined.
459.9709 “Management of hazardous waste”
defined.
459.971 “Person” defined.
459.97102 “Provider of an approved underground
storage tank training program” defined.
459.9711 “Regulated substance” defined.
459.9712 “Release of a hazardous substance”
defined.
459.9713 “Response” defined.
459.9715 “Tester of underground storage tanks”
defined.
459.9716 “Underground storage tank” defined.
459.9717 Intent of provisions.
459.9718 Applicability of provisions.
459.9719 Services for which certification is
required.
459.972 Certification as environmental manager.
459.9722 Certification as handler of underground
storage tanks.
459.9723 Certification as tester of underground
storage tanks.
459.97232 Certification as provider of approved
underground storage tank training program.
459.9725 Waiver of requirements for training.
459.9726 Action on applications; examinations
for certification.
459.9727 Contents and duration of certificate.
459.9728 Renewal of certificate.
459.97285 Contents of document relating to
service for which certification is required.
459.9729 Standards of practice.
459.97295 Aggrieved person: Request for informal
discussion; subsequent request for informal conference; determination; final
remedy.
PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS
SUBSTANCES AND RELIEF FROM LIABILITY
459.973 Definitions.
459.9731 “Administrator” defined.
459.9732 “Division” defined.
459.9733 “Eligible property” defined.
459.9734 “Participant” defined.
459.9735 “Program” defined.
459.9736 “Responsible party” defined.
459.9737 Signature requirement.
459.9738 Application; environmental assessment;
additional information.
459.9739 Application fees.
459.974 Remedial agreement: Submission;
contents; approval.
459.9741 Cost estimate.
459.9742 Recovery of costs.
459.9743 Report of completion; certificate of
partial completion.
TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS
459.975 Definitions.
459.97515 “Director” defined.
459.9752 “Division” defined.
459.97525 “Hazardous material” defined.
459.9753 “Motor carrier” defined.
459.97535 “Motor vehicle” defined.
459.9754 “Participating state” defined.
459.97543 “Permit Section” defined.
459.97545 “Person” defined.
459.9755 “Principal place of business” defined.
459.97555 “Reciprocal agreement” defined.
459.97565 “Single-trip permit” defined.
459.9757 “Transport” and “transportation”
defined.
459.97573 “Uniform application” defined.
459.97575 “Uniform permit” defined.
459.97577 “Uniform program” defined.
459.9758 “Vehicle” defined.
459.976 Applicability.
459.977 Adoption of and compliance with certain
provisions of Code of Federal Regulations.
459.978 Address for communications and
payments.
459.9785 Prerequisites to transportation of
hazardous materials for which federal safety permit required.
459.979 Registration and uniform permit
required.
459.980 Use of vehicle under lease.
459.9805 Uniform permit: Uniform application for
issuance or renewal; fees; expiration.
459.98055 Authority of Division to require
fingerprints from principal officers of applicant.
459.982 Uniform permit: Notice of change in
information in uniform application.
459.983 Uniform permit: Maintenance at place of
business; inspection; copy required in vehicle during transportation.
459.984 Single-trip permit: Obtainment; use;
expiration; fee.
459.986 Inspection of vehicles; verification of
drivers’ qualifications.
459.9865 Provision of notice before
transportation of radioactive waste.
459.987 Reporting certain accidents and
incidents.
459.988 Reimbursement of expenses for response
to spill or accident.
459.989 Disciplinary action: Grounds;
imposition of sanctions.
459.990 Disciplinary action: Notice of intended
action; request for hearing; time and place of hearing.
459.991 Disciplinary action: Reinstatement of
uniform permit.
PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS MATERIAL
General Provisions
459.9912 Definitions.
459.99121 “Bylaws Committee” defined.
459.99122 “Commission” defined.
459.99123 “Emergency plan” defined.
459.99124 “Extremely hazardous material” defined.
459.99125 “Facility” defined.
459.99126 “Funding Committee” defined.
459.991265 “Local emergency planning committee”
defined.
459.99127 “Person” defined.
459.99128 “Planning and Training Subcommittee”
defined.
Emergency Planning
459.99131 Powers and duties of Commission.
459.991313 Legislative committee.
459.991315 Policy committee.
459.991317 Radiological committee.
459.99132 Local emergency planning committees:
Administrative duties.
459.99133 Emergency plans: Establishment, review
and approval; correction of deficiencies; failure to comply.
459.99134 Emergency plans: Implementation;
report; failure to comply.
Funding for Local Emergency Planning Committees
459.99135 Authority of Commission: Grants of
money from Contingency Account for Hazardous Materials.
459.99136 Requests for funding: Submission;
approval of amount; scope.
459.99137 Dissemination of application forms for
grants.
459.99138 Provision of money from proceeds of
certain fees to pay for operating costs.
459.99139 Requests for money from proceeds of
certain fees to pay for planning.
459.99141 Requests for money from proceeds of
certain fees to pay for training.
459.99142 Requests for money from proceeds of
certain fees to pay for services of consultant or contractor.
459.99143 Requests for money from proceeds of
certain fees to pay for equipment.
459.99144 Requests for money from federal funding
to pay for planning.
459.99145 Requests for money from federal funding
to pay for training.
459.99146 Requests for money from federal funding
to pay for services of consultant or contractor.
459.99147 Review of applications and award of
money.
459.99148 Documentation of awards of money.
459.99149 Completion and submission of certain
forms.
459.99151 Reimbursement of expenditures:
Requirements for disbursement of money.
459.99152 Advance funding for expected
expenditures exceeding $2,000.
459.99153 Quarterly financial reports.
459.99154 Past due financial reports.
459.99156 Request to revise use of money after
award of grant.
Funding for State Agencies
459.99161 Authority of Commission: Allocation of
money from Contingency Account for Hazardous Materials.
459.99162 Application for allocation of money;
determination and approval of amount to request.
459.99163 Requests for money from proceeds of
certain fees to pay for training.
459.99164 Requests for money from proceeds of
certain fees to pay for services of consultant or contractor.
459.99165 Requests for money from proceeds of
certain fees to pay for equipment.
459.99166 Requests for money from federal funding
to pay for training.
459.99167 Requests for money from federal funding
to pay for services of consultant or contractor.
459.99168 Review of applications and allocation
of money.
459.99169 Documentation of allocations of money.
459.99171 Completion and submission of certain
forms.
459.99172 Reimbursement of expenditures:
Requirements for disbursement of money.
459.99173 Advance funding for expected expenditures
exceeding $2,000.
459.99174 Quarterly financial reports.
459.99175 Past due financial reports.
459.99177 Request to revise use of money after
allocation.
Imposition and Payment of Fees
459.9918 Fees for certain services and
regulatory activities of Commission.
459.99181 Fees for storage of extremely hazardous
materials.
459.99182 Fees for manufacture for transport of
extremely hazardous material.
459.991825 Reporting fee for submission of toxic
chemical release form.
459.99183 Failure to pay required fee when due.
459.991835 Limitation on amount of certain fees.
459.99184 Overpayment of required fee.
Appeals
459.99189 Appeal of decision of Commission or
staff member of Commission.
STORAGE TANKS
459.9921 Definitions.
459.9922 “Assessment” defined.
459.9924 “Corrective action” defined.
459.9925 “Department” defined.
459.9927 “Division” defined.
459.9928 “Groundwater” defined.
459.99283 “Listed” defined.
459.99285 “Marina storage tank” defined.
459.99288 “Red tag” defined.
459.9929 “Underground storage tank” defined.
459.993 Federal regulations: Adoption by
reference of certain provisions regarding underground storage tanks; compliance
required.
459.9931 Adoption by reference of certain
chapters of International Fire Code.
459.9933 Marina storage tanks: Registration;
fee.
459.9934 Marina storage tanks: Construction,
design, location and overfill prevention.
459.9935 Marina storage tanks: Secondary
containment.
459.9936 Marina storage tanks: Piping and
valves.
459.9937 Marina storage tanks: Dispensing
equipment.
459.9938 Marina storage tanks: Filling
equipment; exception; monitoring; testing; daily inventory records.
459.99395 Underground storage tanks: Designation
of Class A operators, Class B operators and Class C operators.
459.99396 Underground storage tanks: Requirements
for operator training and examination; records of completion of training and
examination.
459.994 Underground storage tanks: Testing for
tightness.
459.9941 Underground storage tanks:
Ineligibility to receive delivery of regulated substance; placement of red tag.
459.9942 Underground storage tanks: Notice of determination
that tank is ineligible to receive delivery of regulated substance.
459.9943 Underground storage tanks: Request for
or acceptance of delivery of regulated substance to tank marked with red tag
prohibited; deferral of prohibition.
459.9944 Underground storage tanks:
Reclassification of tank marked with red tag as eligible to receive delivery of
regulated substance.
459.9945 Underground storage tanks: Secondary
containment system required for tank installed on or after July 1, 2008;
exceptions.
459.9946 Underground storage tanks: Secondary
containment system required upon replacement of tank or piping; exceptions.
459.9947 Underground storage tanks: Duties of
owner or operator required to implement secondary containment.
459.9948 Underground storage tanks:
Under-dispenser container required for certain fuel dispenser systems; waiver
of requirement under certain circumstances.
459.995 Financial responsibility of owners and
operators.
459.996 Releases: Reporting; protection of site;
inspection by Division.
459.9972 Assessment required before closure of
tank; notice of contaminated soil or groundwater; removal of tank from ground.
459.9985 No relief of responsibility to secure
approval or permit.
459.9988 Corrective action concerning soil or
groundwater; assessment of contaminated soil or water.
459.999 Severability.
FUND FOR BROWNFIELD PROJECTS
General Provisions
459.9991 Definitions.
459.99911 “Applicant” defined.
459.99912 “Brownfield site” defined.
459.99913 “Corrective action” defined.
459.99914 “Disadvantaged business” defined.
459.99915 “Division” defined.
459.99916 “Eligible entity” defined.
459.99917 “Financial assistance” defined.
459.99918 “Fund” defined.
459.99919 “Hazardous substance” defined.
459.9992 “Person” defined.
459.99921 “Program for voluntary cleanup” defined.
459.99922 “Property” defined.
459.99923 “Recipient” defined.
Loans From Fund
459.99924 Eligibility for loan: Ineligible
persons.
459.99925 Eligibility for loan: Requirements for
site.
459.99926 Application for loan: Submission; form and
contents.
459.99927 Application for loan: Additional
requirements for certain applicants.
459.99928 Application for loan: Provision of
collateral.
Subgrants From Fund
459.99929 Duties of Division; eligibility of
applicant for subgrant.
459.9993 Application for subgrant: Submission; form
and contents; consideration for approval.
459.99931 Duties of recipient upon completion of
cleanup.
Recipients of Financial Assistance
459.99932 Conditions for payment and repayment of
financial assistance.
459.99933 Use of money received as financial
assistance.
459.99934 Cleanup by recipient enrolled in program
for voluntary cleanup.
459.99935 Cleanup by recipient not enrolled in
program for voluntary cleanup.
459.99936 Certification of compliance with federal
requirements; maintenance of records and accounts; audit of financial records.
459.99937 Contracts for remedial services.
459.99938 Compliance with certain labor laws;
participation of disadvantaged businesses.
Miscellaneous Provisions
459.99939 Liability of certain bona fide
prospective purchasers or innocent purchasers for response actions or cleanup
of site.
DISCIPLINARY ACTION
459.99951 Definitions.
459.99952 “Administrator” defined.
459.99953 “Certificate” defined.
459.99954 “Hearing officer” defined.
459.99955 “Respondent” defined.
459.99956 Grounds.
459.99957 Authorized disciplinary actions by
Division.
459.99958 Notice of intent to take action;
response; termination of action if satisfactory response provided;
circumstances under which response may not be provided.
459.99959 Immediate summary suspension of
certificate.
459.9996 Appointment and duties of hearing
officer; change of hearing officer for good cause shown.
459.99961 Notice of hearing; date of hearing.
459.99962 Written notice of witnesses and
exhibits; supplemental documents; exclusion.
459.99963 Requirements for motions and responses;
motion to declare certain testimony and documents confidential.
459.99964 Order to file briefs.
459.99965 Appearance at hearing; qualifications
of attorney.
459.99966 Continuance or recess.
459.99967 Failure to appear; hearing without
participation of respondent.
459.99968 Order of proceedings; preponderance of
evidence; availability of electronic recording.
459.99969 Written recommendations of hearing
officer; duties of Administrator; final decision; appeal.
459.9997 Appeal: Notice and service; response by
Division.
459.99971 Appeal: Oral argument; written
decision; final decision; judicial review.
459.99972 Effective date of suspension or
revocation of certificate; duties of holder of certificate; continuation of
activities until suspension or revocation effective.
PRACTICE BEFORE STATE ENVIRONMENTAL COMMISSION
459.9998 Appeal of final decision of State
Department of Conservation and Natural Resources.
GENERAL PROVISIONS
NAC 459.010 Definitions. (NRS
459.030, 459.201) As used in NAC 459.010 to 459.950, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.012 to 459.116, inclusive, have the meanings
ascribed to them in those sections.
(Supplied in
codification; A by Bd. of Health, 4-27-84; 10-22-93; 1-18-94; 1-21-94; 7-7-94;
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 R149-03, 12-3-2003; R085-06, 11-13-2006; R149-07, 1-30-2008;
R185-08, 5-7-2010; R144-13, 10-13-2016; R021-18, 12-30-2019)
NAC 459.012 “Absorbed dose” defined. (NRS
459.030, 459.201) “Absorbed dose”
means the energy imparted to matter by ionizing radiation per unit mass of
irradiated material at the place of interest. The special units of absorbed
dose are the rad and the gray.
[Bd. of Health, Radiation Control Reg. § 1.2.9.2, eff.
2-28-80]—(NAC A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.013 “Accelerator-produced radioactive material” defined. (NRS 459.201) “Accelerator-produced
radioactive material” means, except as otherwise provided in NAC 459.0525, any material made
radioactive by a particle accelerator.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0145 “Activity” defined. (NRS 459.030,
459.201) “Activity”
means the rate of disintegration or decay of radioactive material. The units of
activity are the curie and the becquerel.
(Added to NAC by Bd. of
Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by
Bd. of Health by R085-06, 11-13-2006)
NAC 459.0147 “Address of use” defined. (NRS
459.201) “Address
of use” means the building or buildings that are identified on the license and
where radioactive materials may be received, used or stored.
(Added to NAC by Bd. of Health, eff. 11-1-95)
NAC 459.015 “Adult” defined. (NRS
459.201) “Adult”
means any person who is 18 years of age or older.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.016 “Agreement state” defined. (NRS
459.201) “Agreement
state” means any state with which the Nuclear Regulatory Commission has entered
into an effective agreement under section 274(b) of the Atomic Energy Act of
1954, as amended, 73 Stat. 689.
[Bd. of Health, Radiation Control Reg. § 1.2.2, eff. 2-28-80]
NAC 459.018 “Airborne radioactive material” defined. (NRS 459.201) “Airborne radioactive
material” means any radioactive material dispersed in the air in the form of
dust, fumes, mists, particulates, vapors or gases.
[Bd. of Health, Radiation Control Reg. § 1.2.3, eff. 2-28-80]—(NAC
A 1-18-94)
NAC 459.0182 “Air-purifying respirator” defined. (NRS 459.201) “Air-purifying respirator”
means a respirator with an air-purifying filter, cartridge or canister that
removes specific air contaminants by passing ambient air through the
air-purifying element.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0185 “Annual limit on intake” defined.
(NRS
459.201) “Annual
limit on intake” means the limit for the amount of radioactive material taken
into the body of an adult worker during the course of his or her employment, by
inhalation or ingestion, in 1 year. The annual limit on intake is equal to the
lesser of:
1. The intake of a given radionuclide in a
year by the reference man that would result in a committed effective dose
equivalent of 5 rems; or
2. A committed dose equivalent of 50 rems to
any individual organ or tissue.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.019 “Appendix A” defined. (NRS
459.201) “Appendix
A” means Appendix A to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06,
11-13-2006; R144-13, 10-13-2016)
NAC 459.0192 “Appendix B” defined. (NRS
459.201) “Appendix
B” means Appendix B to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06,
11-13-2006; R185-08, 5-7-2010; R144-13, 10-13-2016)
NAC 459.0194 “Appendix C” defined. (NRS
459.201) “Appendix
C” means Appendix C to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06,
11-13-2006; R144-13, 10-13-2016)
NAC 459.0195 “Appendix E” defined. (NRS
459.201) “Appendix
E” means Appendix E to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive.
(Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008;
A by R144-13, 10-13-2016)
NAC 459.0196 “Appendix G” defined. (NRS
459.201) “Appendix
G” means Appendix G to 10 C.F.R. §§ 20.1001 to 20.2402, inclusive.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006;
A by R144-13, 10-13-2016)
NAC 459.020 “Area of airborne radioactivity” defined. (NRS 459.201) “Area of airborne
radioactivity” means any room, enclosure or area in which airborne radioactive
material exists in concentrations:
1. In excess of the derived air
concentrations specified in Appendix B; or
2. To such a degree that a person present in
the area without a respiratory protective device could receive in the hours he
or she works in 1 week, an intake of radiation that is greater than 0.6 percent
of the annual limit on intake or 12 derived air concentration hours.
[Bd. of Health, Radiation Control Reg. § 1.2.4, eff. 2-28-80]—(NAC
A 1-18-94)
NAC 459.0203 “Area of use” defined. (NRS
459.201) “Area
of use” means a portion of an address of use that has been set aside for the
purpose of receiving, using and storing radioactive materials.
(Added to NAC by Bd. of Health, eff. 11-1-95)
NAC 459.0205 “As low as is reasonably achievable” defined. (NRS 459.030, 459.201) “As low
as is reasonably achievable” means making every reasonable effort to maintain
exposures to radiation as far below the applicable limits as is practical, in a
manner that is consistent with the purpose for which the licensed or registered
activity is undertaken, taking into account:
1. The state of the technology;
2. The costs of improving the technology,
including a consideration of the extent to which any improvements would benefit
the health and safety of the public;
3. The utilization of licensed or registered
sources of radiation in the public interest; and
4. Any other societal and socioeconomic
considerations, including, without limitation, the potential for death or other
harm that could reasonably be expected to result from transportation accidents
that occur during the process of decontamination and waste disposal.
(Added to NAC by Bd. of
Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.02055 “Assigned protection factor” defined. (NRS 459.201) “Assigned protection
factor” means the expected level of respiratory protection in a workplace that
would be provided by a properly functioning respirator or class of respirators
to properly fitted and trained users. Operationally, the inhaled concentration
can be estimated by dividing the ambient airborne concentration by the assigned
protection factor.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.02065 “Atmosphere-supplying respirator” defined. (NRS 459.201) “Atmosphere-supplying
respirator” means a respirator that supplies the user with breathing air from a
source independent of the ambient atmosphere, and includes, without limitation,
a supplied-air respirator and a self-contained breathing apparatus unit.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.02068 “Authorized medical physicist for electronic brachytherapy”
defined. (NRS
459.201) “Authorized
medical physicist for electronic brachytherapy” means a person who has met the
requirements of NAC 459.5923.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0207 “Authorized nuclear pharmacist” defined. (NRS 459.201) “Authorized nuclear
pharmacist” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by
reference pursuant to NAC 459.3062.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99;
A by R085-06, 11-13-2006)
NAC 459.0208 “Authorized user” defined. (NRS
459.201) “Authorized
user” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by
reference pursuant to NAC 459.3062.
(Added to NAC by Bd. of Health, eff. 11-1-95; A by R084-98,
1-26-99; R085-06, 11-13-2006)
NAC 459.021 “Background radiation” defined. (NRS
459.030, 459.201)
1. “Background radiation” means:
(a) Radiation from cosmic sources;
(b) Naturally occurring radioactive materials,
including radon, except as a product of decay from source or special nuclear
materials; and
(c) Global fallout as it exists in the environment
from the testing of nuclear explosive devices, or past nuclear accidents, that
contributes to background radiation and is not under the control of the
licensee.
2. The term does not include sources of
radiation from any radioactive material regulated by the Division pursuant to NAC 459.010 to 459.950, inclusive.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R149-07,
1-30-2008)
NAC 459.0212 “Becquerel” defined. (NRS
459.030, 459.201) “Becquerel” means a unit
of measurement of radioactivity. One becquerel is that quantity of radioactive
material which decays at the rate of one disintegration per second. One
becquerel is equivalent to 2.7 x 10-11 curie.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.0214 “Bioassay” defined. (NRS
459.201) “Bioassay”
means the determination of the kinds, quantities or concentrations and, in some
cases, the locations, of radioactive material in the human body, whether by
direct measurement, in vivo counting or an analysis of materials excreted or
removed from the human body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0216 “Boundary of a site” defined. (NRS
459.201) “Boundary
of a site” means the boundary beyond which the land or property is not owned,
leased or otherwise controlled by a licensee.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0218 “Brachytherapy source” defined. (NRS
459.201) “Brachytherapy
source” has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by
reference pursuant to NAC 459.3062.
(Added to NAC by Bd. of Health, eff. 11-1-95; A by R085-06,
11-13-2006)
NAC 459.022 “By-product material” defined. (NRS
459.201) “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)
NAC 459.024 “Calendar quarter” defined. (NRS 459.201) “Calendar
quarter” means not less than 12 consecutive weeks nor more than 14 consecutive
weeks. The first calendar quarter of each year begins in January. Subsequent
calendar quarters are arranged so that no day is included in more than 1
calendar quarter and no day in any 1 year is omitted from inclusion within a
calendar quarter.
[Bd. of Health,
Radiation Control Reg. part § 1.2.6, eff. 2-28-80]
NAC 459.0241 “Category 1 irradiator” defined.
(NRS
459.201) “Category
1 irradiator” means an irradiator in which the sealed sources for the
irradiation of materials are not removed from the shield of the irradiator.
(Added to NAC by Bd. of Health by R149-03, eff. 12-3-2003)
NAC 459.0243 “Chemical description” defined. (NRS
459.201) “Chemical
description” means a description of the principal chemical characteristics of
low-level radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.0245 “Class” defined. (NRS
459.201) “Class”
means a system of classification for inhaled radioactive material based on its
rate of clearance from the pulmonary region of the lung, whereby radioactive
materials are classified as either D, W or Y according to the following ranges
of clearance half-times:
1. Class D, less than 10 days;
2. Class W, from 10 to 100 days; and
3. Class Y,
more than 100 days.
(Added to NAC by Bd. of
Health, eff. 1-18-94)
NAC 459.025 “Collective dose” defined. (NRS
459.201) “Collective
dose” means the sum of the individual doses received in a given period by a
specified population from exposure to a specified source of radiation.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0252 “Collimator” defined. (NRS
459.201) “Collimator”
means a device used to limit the size, shape and direction of a primary
radiation beam.
(Added to NAC by Bd. of Health, eff. 1-21-94)
NAC 459.0254 “Committed dose equivalent” defined. (NRS 459.201) “Committed dose
equivalent” means the dose equivalent to organs or tissues of reference that
will be received from an intake of radioactive material by a person during the
50-year period following the intake.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0256 “Committed effective dose equivalent” defined. (NRS 459.201) “Committed effective dose
equivalent” means the sum of the products of the weighting factors applicable
to each of the organs or tissues that are irradiated and the committed dose
equivalent to each of those organs or tissues.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0258 “Consignee” defined. (NRS
459.201) “Consignee”
means the designated receiver of a shipment of low-level radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.02585 “Consortium” defined. (NRS
459.201) “Consortium”
means an association of medical use licensees and a production facility for
positron emission tomography radionuclides, located at an educational
institution or medical facility, which:
1. Are in the same geographical area; and
2. Jointly own or share in the operation and
maintenance costs of the production facility which produces positron emission
tomography radionuclides for use in producing radioactive drugs within the
consortium for noncommercial distribution among the associated members of the
consortium for medical use.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0259 “Constraint” defined. (NRS
459.201) “Constraint”
means a value above which specified licensee actions are required.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.026 “Curie” defined. (NRS
459.030, 459.201) “Curie” means a unit of
measurement of radioactivity. One curie (Ci) is that quantity of radioactive
material which decays at the rate of 3.7 x 1010 disintegrations per
second (dps). One curie is equivalent to 37 gigabecquerels.
[Bd. of Health, Radiation Control Reg. § 1.2.7, eff. 2-28-80]—(NAC
A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06,
11-13-2006)
NAC 459.027 “Decommission” defined. (NRS
459.030, 459.201) “Decommission” means to
remove a facility or site safely from service and reduce residual radioactivity
to a level that permits:
1. Release of the property for unrestricted
use and termination of the license of the licensee; or
2. Release of the property under restricted
conditions and termination of the license of the licensee.
(Added to NAC by Bd. of Health, eff. 10-22-93; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.0275 “Deep-dose equivalent” defined. (NRS
459.201) “Deep-dose
equivalent” means the dose equivalent that is measured at a depth of 1
centimeter in a tissue of the body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0278 “Demand respirator” defined. (NRS
459.201) “Demand
respirator” means an atmosphere-supplying respirator that admits breathing air
to the facepiece only when a negative pressure is created inside the facepiece
by inhalation.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.028 “Department of Energy” defined. (NRS
459.201) “Department
of Energy” means the department established by P.L. 95-91, August 4, 1977, 91
Stat. 565, 42 U.S.C. §§ 7101 et seq., to the extent that the Department
exercises functions formerly vested in the Atomic Energy Commission, its Chair,
members, officers and components, and transferred to the Energy Research and
Development Administration and to the Administrator thereof pursuant to
sections 104(b), (c) and (d) of the Energy Reorganization Act of 1974 (P.L.
93-438, October 11, 1974, 88 Stat. 1233 at 1237, effective January 19, 1975)
and retransferred to the Secretary of Energy pursuant to section 301(a) of the
Department of Energy Organization Act (P.L. 95-91, August 4, 1977, 91 Stat. 565
at 577-578, 42 U.S.C. § 7151, effective October 1, 1977).
[Bd. of Health, Radiation Control Reg. § 1.2.49, eff. 2-28-80]
NAC 459.0285 “Depleted uranium” defined. (NRS
459.201) “Depleted
uranium” means source material consisting of uranium in which the isotope
uranium-235 is less than 0.711 weight percent of the total uranium present. The
term does not include special nuclear material as defined in 10 C.F.R. § 40.4.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.029 “Derived air concentration” defined. (NRS 459.201) “Derived air
concentration” means the concentration of a given radionuclide in air which, if
breathed by the reference man for 2,000 hours under conditions in which the
inhalation rate is 1.2 cubic meters of air per hour, results in an intake of
one annual limit on intake.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0292 “Derived air concentration-hour” defined. (NRS 459.201) “Derived air
concentration-hour” means the product of the concentration of a radionuclide in
air and the time of exposure to that radionuclide, in hours. Two thousand
derived air concentration-hours are equal to one annual limit on intake or a
committed effective dose equivalent of 5 rems.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0294 “Discrete source” defined. (NRS
459.201) “Discrete
source” means a radionuclide that is processed so that its concentration within
a material is purposely increased for use in commercial, medical or research
activities.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0295 “Disposable respirator” defined.
(NRS
459.201) “Disposable
respirator” means a respirator for which maintenance is not intended and which
is designed to be discarded after excessive breathing resistance, sorbent
exhaustion, physical damage or its end-of-service-life renders it unsuitable
for use.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0296 “Disposal container” defined. (NRS
459.201) “Disposal
container”:
1. Means a container that is used to confine
low-level radioactive waste for disposal at a land disposal facility.
2. May include the container used to
transport the low-level radioactive waste to the land disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.030 “Division” defined. (NRS
459.201) “Division”
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.
[Bd. of Health, Radiation Control Reg. § 1.2.8, eff. 2-28-80]
NAC 459.032 “Dose” defined. (NRS
459.201) “Dose”
means an absorbed dose, dose equivalent, effective dose equivalent, committed
dose equivalent, committed effective dose equivalent or total effective dose
equivalent, as appropriate.
[Bd. of Health, Radiation Control Reg. § 1.2.9.1, eff.
2-28-80]—(NAC A 1-18-94)
NAC 459.034 “Dose equivalent” defined. (NRS
459.030, 459.201) “Dose equivalent” means
the product of the absorbed dose in a tissue, quality factor and all other
necessary modifying factors at the location of interest. The units of dose
equivalent are the rem and the sievert.
[Bd. of Health, Radiation Control Reg. § 1.2.9.3, eff.
2-28-80]—(NAC A 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.0345 “Dosimetry processor” defined. (NRS
459.201) “Dosimetry
processor” means a person who processes and evaluates personnel monitoring
equipment in order to determine the dose of radiation delivered to such
equipment.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.035 “Effective dose equivalent” defined. (NRS 459.201) “Effective dose
equivalent” means the sum of the products of the dose equivalent to an organ or
tissue and the weighting factors applicable to each of the organs or tissues
that are irradiated.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0352 “Electron source” defined. (NRS
459.201) “Electron
source” means an assemblage of components for the controlled production of
electrons without conversion into X-radiation.
(Added to NAC by Bd. of Health by R149-03, eff. 12-3-2003)
NAC 459.03525 “Electronic brachytherapy” defined. (NRS 459.201) “Electronic brachytherapy”
means a method of radiation therapy that uses X-rays which are electronically
generated to deliver a radiation dose at a distance of up to a few centimeters
by intracavitary, intraluminal or interstitial application or by an application
with the source in contact with, or very close to, the body surface.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0353 “Electronic brachytherapy source” defined. (NRS 459.201) “Electronic brachytherapy
source” means the X-ray tube component used in an electronic brachytherapy
system.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.03535 “Electronic brachytherapy system” defined. (NRS 459.201) “Electronic brachytherapy
system” means the system used to produce and deliver therapeutic radiation,
including, without limitation, the electronic brachytherapy source, the control
mechanism, the cooling system and the power source.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0354 “Embryo” defined. (NRS
459.201) “Embryo”
means a developing human organism from conception until the time of birth.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0356 “Entrance” defined. (NRS
459.201) “Entrance”
means any location through which a person may gain access to radiation areas or
to radioactive materials.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0357 “Exempt radiation machine” defined. (NRS 459.201) “Exempt radiation machine”
means a radiation machine that is:
1. Exempt, pursuant to the provisions of 21
C.F.R. § 900.2(aa)(1), from the Mammography Quality Standards Act of 1992
(MQSA), Public Law 102-539, as amended; and
2. Used to perform any procedure not
governed by chapter 457 of NRS or NAC,
including, without limitation, performing federally exempt radiography.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
NAC 459.036 “Exposure” defined. (NRS
459.201) “Exposure”
means being exposed to radiation or to radioactive material.
[Bd. of Health, Radiation Control Reg. § 1.2.10 + §
6.2.19, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.038 “Exposure rate” defined. (NRS
459.201) “Exposure
rate” means the exposure per unit of time, such as R/min or mR/h.
[Bd. of Health, Radiation Control Reg. § 1.2.11, eff. 2-28-80]
NAC 459.0382 “External dose” defined. (NRS
459.201) “External
dose” means that portion of a dose equivalent received from sources of
radiation outside the body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0384 “Extremity” defined. (NRS 459.201) “Extremity”
means a hand, an elbow, that portion of an arm below the elbow, a foot, a knee
or that portion of a leg below the knee.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.03843 “Federally exempt radiography” defined. (NRS 459.201) “Federally exempt
radiography” means radiography of the breast which is performed during invasive
interventions for localization or biopsy procedures and which is exempt,
pursuant to the provisions of 21 C.F.R. § 900.2(aa)(1), from the requirements
of the federal regulations adopted pursuant to the Mammography Quality
Standards Act of 1992, Public Law 102-539, as amended.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
NAC 459.03845 “Field flood study” defined. (NRS
459.201) “Field
flood study” means a tracer study involving multiple wells where unsealed
radioactive material is injected and multiple oil or gas samples containing
radioactive material are collected from each of the wells to determine the
direction and rate of flow through the adjacent formation.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.0385 “Filtering facepiece” or “dust mask” defined. (NRS 459.201) “Filtering facepiece” or
“dust mask” means a negative pressure particulate respirator with a filter as
an integral part of the facepiece or with the entire facepiece composed of the
filtering medium, which is not equipped with elastomeric sealing surfaces and
adjustable straps.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0387 “Fit factor” defined. (NRS
459.201) “Fit
factor” means a quantitative estimate of the fit of a particular respirator to
a specific person, and typically includes an estimate of the ratio of the
concentration of a substance in ambient air to its concentration inside the
respirator when worn.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.0388 “Fit test” defined. (NRS
459.201) “Fit
test” means the use of a protocol which involves a qualitative fit test or
quantitative fit test to evaluate the fit of a respirator on a person.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.039 “Form regarding history of cumulative occupational exposure” defined. (NRS 459.201) “Form regarding history of
cumulative occupational exposure” means a form provided by the Division
regarding the history of the cumulative occupational exposure of a person, or
an equivalent form.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0395 “Generator” defined. (NRS
459.030) “Generator”
means:
1. A waste generator; or
2. An entity that operates pursuant to a
license issued by the Nuclear Regulatory Commission or an agreement state and
to which waste is attributed pursuant to the Low-Level Radioactive Waste Policy
Amendments Act of 1985, 42 U.S.C. §§ 2021b et seq.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.0397 “Gray” defined. (NRS
459.030) “Gray”
means a special unit of absorbed dose. One gray equals an absorbed dose of 1
joule per kilogram of material. One gray is equivalent to 100 rads.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.040 “Healing arts” defined. (NRS
459.201) “Healing
arts” means any system, treatment, operation, diagnosis, prescription or
practice for the diagnosis, cure, relief, palliation, adjustment or correction
of any human disease, ailment, deformity, injury, or unhealthy or abnormal
physical or mental condition.
[Bd. of Health, Radiation Control Reg. § 1.2.12, eff. 2-28-80]
NAC 459.041 “Helmet” defined. (NRS
459.201) “Helmet”
means a rigid respiratory inlet covering that also provides head protection
against impact and penetration.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.042 “High radiation area” defined. (NRS
459.030, 459.201) “High radiation
area” means any area, accessible to persons, in which radiation from a source
of radiation external to the body exists at such levels that a person could
receive a dose equivalent in excess of 0.1 rem (1 millisievert) in 1 hour at 30
centimeters from:
1. The source of radiation; or
2. Any surface that the radiation
penetrates.
[Bd. of Health, Radiation Control Reg. § 1.2.13, eff. 2-28-80]—(NAC
A 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.043 “Hood” defined. (NRS
459.201) “Hood”
means a respiratory inlet covering that completely covers the head and neck and
may also cover portions of the shoulders and torso.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.044 “Human use” defined. (NRS
459.201) “Human
use” means the internal or external administration of radiation or radioactive
material to human beings.
[Bd. of Health, Radiation Control Reg. § 1.2.14, eff. 2-28-80]
NAC 459.0445 “Industrial radiography” defined. (NRS 459.030, 459.201) “Industrial
radiography” has the meaning attributed to it in 10 C.F.R. § 34.3.
[Bd. of Health, Radiation Control Reg. § 5.3.2, eff. 2-28-80]—(NAC
A by Dep’t of Human Resources by R137-01, 5-30-2003)—(Substituted in revision
for NAC 459.688)
NAC 459.046 “Inspection” defined. (NRS
459.201) “Inspection”
means an official examination or observation, including, but not limited to,
tests, surveys and monitoring to determine compliance with regulations, orders,
requirements and conditions of the Division.
[Bd. of Health, Radiation Control Reg. § 1.2.15, eff. 2-28-80]
NAC 459.047 “Internal dose” defined. (NRS
459.201) “Internal
dose” means that portion of the dose equivalent received from radioactive
material taken into the body.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0475 “Land disposal facility” defined. (NRS 459.201) “Land disposal facility”
means the land, buildings, structures and equipment that are intended to be
used for the disposal of radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.0477 “Lens dose equivalent” defined. (NRS
459.030, 459.201) “Lens dose equivalent”
means the dose equivalent from a source of radiation external to the body that
is measured at a depth of 0.3 centimeter in the lens of the eye.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)—(Substituted in revision for
NAC 459.0386)
NAC 459.048 “License” defined. (NRS
459.201) “License”
means a license issued by the Division in accordance with the provisions of NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.16, eff. 2-28-80]—(NAC
A by R084-98, 1-26-99; R149-07, 1-30-2008)
NAC 459.049 “Licensed radioactive material” defined. (NRS 459.201) “Licensed radioactive
material” means any radioactive material that is possessed under a specific or
general license issued by the Division pursuant to this chapter.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.050 “Licensee” defined. (NRS
459.201) “Licensee”
means any person who is licensed by the Division in accordance with the
provisions of NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.17, eff. 2-28-80]—(NAC
A by R084-98, 1-26-99; R149-07, 1-30-2008)
NAC 459.0504 “Limit” defined. (NRS
459.201) “Limit”
means the highest permissible dose of radiation.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0505 “Loose-fitting facepiece” defined. (NRS 459.201) “Loose-fitting facepiece”
means a respiratory inlet covering that is designed to form a partial seal with
the face.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0506 “Lost or missing sources of radiation” defined. (NRS 459.201) “Lost or missing sources
of radiation” means radioactive material or a radiation machine whose location
is unknown. The term includes a source of radiation that has been shipped but
has not reached its destination, and whose location cannot be readily traced.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0507 “Medical event” defined. (NRS
459.201) “Medical
event” means any event, other than an event that is the result of patient
intervention, in which the administration of radiation results in:
1. A dose that differs from the prescribed
dose;
2. The total dose delivered differing from
the prescribed dose by 20 percent or more;
3. The fractionated dose delivered differing
from the prescribed dose for a single fraction by 50 percent or more; or
4. An administration of a dose to the wrong
person or at the wrong treatment site.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0508 “Medical use of radioactive material” and “medical use” defined. (NRS 459.201) “Medical use of
radioactive material” or “medical use” means the intentional internal or
external administration of:
1. Licensed radioactive material or
radiation therefrom, as described in 10 C.F.R. Part 35; or
2. Radiation from a machine that produces
radiation,
Ê to patients
or human research subjects under the supervision of an authorized user.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99;
A by R085-06, 11-13-2006)
NAC 459.051 “Member of the public” defined. (NRS
459.201) “Member
of the public” means any natural person except during any period in which that
natural person receives an occupational dose.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99)
NAC 459.0512 “Minor” defined. (NRS
459.201) “Minor”
means a person who is under 18 years of age.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0515 “Mobile electronic brachytherapy” defined. (NRS 459.201) “Mobile electronic
brachytherapy” means an electronic brachytherapy system which is transported
from the address of record to be used at another address which is not the
address of record.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0516 “Monitoring” defined. (NRS
459.201) “Monitoring”
means the measurement of levels of radiation, concentrations of radioactive
materials, or surface area activities or quantities of radioactive material,
and the use of the results of these measurements to evaluate potential
exposures and doses.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0517 “National Source Tracking System” defined. (NRS 459.201) “National Source Tracking
System” means the mandatory tracking system for radiation sources in the United
States established and administered by the Nuclear Regulatory Commission
pursuant to 42 U.S.C. § 2210h.
(Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)
NAC 459.0518 “National Source Tracking Transaction Report” defined. (NRS 459.201) “National Source Tracking
Transaction Report” means a report submitted to the National Source Tracking
System.
(Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)
NAC 459.0519 “Nationally tracked source” defined. (NRS 459.201) “Nationally tracked
source” has the meaning ascribed to it in 10 C.F.R. § 20.1003.
(Added to NAC by Bd. of Health by R149-07, eff. 1-30-2008)
NAC 459.052 “Natural radioactivity” defined.
(NRS
459.201) “Natural
radioactivity” means radioactivity of naturally occurring nuclides.
[Bd. of Health, Radiation Control Reg. § 1.2.18, eff. 2-28-80]
NAC 459.0525 “Naturally occurring or accelerator-produced radioactive
material” defined. (NRS
459.030) “Naturally
occurring or accelerator-produced radioactive material” includes naturally occurring
radioactive material, including materials generated by accelerators used in
subatomic particle physics research, and accelerator-produced radioactive
material. The term does not include by-product, source or special nuclear
material.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.0527 “Negative pressure respirator” defined. (NRS 459.201) “Negative pressure
respirator” means a respirator in which the air pressure inside the facepiece
is negative during inhalation with respect to the ambient air pressure outside
the respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.053 “Nonstochastic effect” defined. (NRS
459.201) “Nonstochastic
effect” means the effects on health from exposure to radiation, the severity of
which varies with the dose of radiation and for which it is believed that a
threshold exists.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.054 “Occupational dose” defined. (NRS
459.030, 459.201) “Occupational dose” means
the dose received by a natural person in the course of employment in which the
natural person’s duties involve exposure to radiation or radioactive material
from licensed and unlicensed sources of radiation, whether in the possession of
a licensee or registrant or any other person. The term does not include a dose
received by a natural person:
1. From background radiation;
2. From any medical administration of
radiation to the person;
3. From exposure to other natural persons
who have been administered radioactive material and have been released pursuant
to 10 C.F.R. § 35.75;
4. From voluntary participation in medical
research; or
5. As a member of the public.
[Bd. of Health, Radiation Control Reg. § 1.2.19, eff. 2-28-80]—(NAC
A 1-18-94; 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)
NAC 459.055 “Occupational exposure” defined.
(NRS
459.201) “Occupational
exposure” means exposure of a person:
1. In a restricted area; or
2. In the course of employment in which the
person’s duties involve exposure from sources of radiation, whether in the
possession of the licensee, registrant or any other person.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0555 “Package” defined. (NRS
459.201) “Package”
means the assembly of the components necessary to comply with the regulations
of the United States Department of Transportation relating to packaging and the
radioactive contents of the package, as presented for transport.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.056 “Particle accelerator” defined. (NRS
459.201) “Particle
accelerator” means any machine capable of accelerating electrons, protons,
deuterons or other charged particles in a vacuum and of discharging the
resultant particulate or other radiation into a medium at energies usually in
excess of 1 MeV.
[Bd. of Health, Radiation Control Reg. § 1.2.20, eff. 2-28-80]
NAC 459.058 “Person” defined. (NRS
459.201)
1. “Person” has the meaning ascribed to it
in NRS 0.039 and, except as
otherwise provided in subsection 2, includes:
(a) Any agency or political subdivision of this
State, any other state or the United States, other than the Nuclear Regulatory
Commission or the Department of Energy or its successor, any foreign government
or nation or any political subdivision of any such government or nation, or
other entity; and
(b) Any legal successor, representative, agent or
agency of the persons and entities described in paragraph (a).
2. The Department of Energy shall be
considered a person within the meaning of NAC
459.010 to 459.950, inclusive, to
the extent that its facilities and activities are subject to the licensing and
related regulatory authority of the Nuclear Regulatory Commission under:
(a) Section 202 of the Energy Reorganization Act of
1974, P.L. 93-438, 88 Stat. 1244;
(b) The Uranium Mill Tailings Radiation Control Act
of 1978, 92 Stat. 3021;
(c) The Nuclear Waste Policy Act of 1982, 42 U.S.C.
§§ 10101 et seq.; and
(d) Section 3(b)(2) of the Low-Level Radioactive
Waste Policy Amendments Act of 1985, 42 U.S.C. §§ 2021b et seq.
[Bd. of Health, Radiation Control Reg. § 1.2.21, eff. 2-28-80]—(NAC
A by R144-13, 10-13-2016)
NAC 459.059 “Personnel monitoring” defined. (NRS
459.201) “Personnel
monitoring” means:
1. The assessment of dose equivalent by the
use of equipment designed to be worn by a person;
2. The assessment of committed effective
dose equivalent by bioassay or derived air concentration-hours; or
3. The assessment of dose equivalent by the
use of data from a survey.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.060 “Personnel monitoring equipment” defined. (NRS 459.030, 459.201) “Personnel
monitoring equipment” means devices designed to be worn by a natural person for
the assessment of dose equivalent, including, but not limited to, film badges,
thermoluminescence dosimeters, pocket ionization chambers and personal devices
for sampling air.
[Bd. of Health, Radiation Control Reg. § 1.2.22, eff. 2-28-80]—(NAC
A 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.062 “Pharmacist” defined. (NRS
459.201) “Pharmacist”
has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference
pursuant to NAC 459.3062.
[Bd. of Health, Radiation Control Reg. § 1.2.23, eff. 2-28-80]—(NAC
A by R085-06, 11-13-2006)
NAC 459.063 “Physical description” defined. (NRS
459.201) “Physical
description” means the items required to be indicated on NRC Form 541 to
describe low-level radioactive waste.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.064 “Physician” defined. (NRS
459.201) “Physician”
has the meaning ascribed to it in 10 C.F.R. § 35.2, as adopted by reference
pursuant to NAC 459.3062.
[Bd. of Health, Radiation Control Reg. § 1.2.24, eff. 2-28-80]—(NAC
A by R085-06, 11-13-2006)
NAC 459.0645 “Planned special exposure” defined. (NRS 459.201) “Planned special exposure”
means an infrequent exposure to radiation pursuant to NAC 459.329, separate from and in addition
to the annual limits specified in NAC
459.325.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.06455 “Portable shielding” defined. (NRS
459.201) “Portable
shielding” means shielding which may be moved easily by a mobility device or by
hand and placed in a primary or secondary beam to reduce the radiation exposure
of a person.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.0646 “Positive pressure respirator” defined. (NRS 459.201) “Positive pressure
respirator” means a respirator in which the pressure inside the respiratory
inlet covering exceeds the ambient air pressure outside the respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.06485 “Pressure demand respirator” defined. (NRS 459.201) “Pressure demand
respirator” means a positive pressure atmosphere-supplying respirator that
admits breathing air to the facepiece when the positive pressure is reduced
inside the facepiece by inhalation.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.06495 “Principal activities” defined. (NRS
459.201) “Principal
activities” means the activities authorized by a license which are essential to
achieving the purpose for which the license was issued or amended. The term
does not include:
1. Storage during which no licensed material
is accessed for use; or
2. Disposal and activities incidental to
decontamination or decommissioning.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.065 “Public dose” defined. (NRS
459.030, 459.201) “Public dose” means the
dose received by a member of the public from exposure to radiation or
radioactive material that is released by a licensee, or from another source of
radiation under the control of a licensee or registrant. The term does not
include a dose received by a natural person from:
1. Background radiation;
2. Any medical administration of radiation
to the person;
3. Exposure to other natural persons who
have been administered radioactive material and have been released pursuant to
10 C.F.R. § 35.75;
4. An occupational dose; or
5. Voluntary participation in medical
research.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by 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)
NAC 459.0653 “Qualitative fit test” defined. (NRS
459.201) “Qualitative
fit test” means a fit test that relies on the response of a person to the test
agent to assess on a pass or fail basis the adequacy of the fit of a
respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.0655 “Quality factor” defined. (NRS
459.201) “Quality
factor” means the applicable modifying factor that is specified in NAC 459.3235.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.0657 “Quantitative fit test” defined.
(NRS
459.201) “Quantitative
fit test” means a fit test that relies on numerically measuring the amount of
leakage into a respirator to assess the adequacy of the fit of the respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.066 “Rad” defined. (NRS
459.030, 459.201) “Rad” means the special
unit of absorbed dose. One rad equals one hundredth of a joule per kilogram of
material; for example, if tissue is the material of interest, 1 rad equals 100
ergs per gram of tissue. One rad is equivalent to 10 milligrays.
[Bd. of Health, Radiation Control Reg. § 1.2.25, eff. 2-28-80]—(NAC
A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.068 “Radiation” defined. (NRS
459.201) “Radiation”
means ionizing radiation, that is, gamma rays and X-rays, alpha and beta
particles, high speed electrons, neutrons and other nuclear particles.
[Bd. of Health, Radiation Control Reg. § 1.2.26, eff. 2-28-80]
NAC 459.070 “Radiation area” defined. (NRS
459.201) “Radiation
area” means any area accessible to any person in which there exists radiation
at a level which could result in a person receiving a dose equivalent in excess
of 0.005 rem in 1 hour at 30 centimeters from the source of radiation or from
any surface that the radiation penetrates.
[Bd. of Health, Radiation Control Reg. § 1.2.27, eff. 2-28-80]—(NAC
A 1-18-94)
NAC 459.072 “Radiation machine” defined. (NRS
459.201) “Radiation
machine” means any device capable of producing radiation except one which
produces radiation only from radioactive material.
[Bd. of Health, Radiation Control Reg. § 1.2.28, eff. 2-28-80]
NAC 459.074 “Radiation safety officer” defined. (NRS 459.201) “Radiation safety officer”
means a person who has been appointed pursuant to NAC 459.197 or 459.5924, as applicable, to:
1. Implement and oversee a radiation safety
program for the use of radiation specified in an application for the issuance
or renewal of a specific license or registration; and
2. Be the primary contact person for the
Division concerning the radiation safety program.
[Bd. of Health, Radiation Control Reg. § 1.2.29, eff. 2-28-80]—(NAC
A by R085-06, 11-13-2006; R144-13, 10-13-2016)
NAC 459.075 “Radiation symbol” defined. (NRS
459.201) “Radiation
symbol” means the radiation symbol specified in NAC 459.355.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.076 “Radioactive material” defined. (NRS
459.201) “Radioactive
material” means any solid, liquid or gaseous material which emits radiation
spontaneously. The term includes by-product material.
[Bd. of Health, Radiation Control Reg. § 1.2.30, eff. 2-28-80]—(NAC
A by R185-08, 5-7-2010)
NAC 459.078 “Radioactivity” defined. (NRS
459.201) “Radioactivity”
means the disintegration of unstable atomic nuclei by the emission of
radiation.
[Bd. of Health, Radiation Control Reg. § 1.2.31, eff. 2-28-80]
NAC 459.0785 “Record of occupational exposure for a monitoring period”
defined. (NRS
459.201) “Record
of occupational exposure for a monitoring period” means a form provided by the
Division to serve as a record of occupational exposure for a monitoring period,
or an equivalent form.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.079 “Reference man” defined. (NRS
459.201) “Reference
man” means a hypothetical aggregation of human physical and physiological
characteristics established by international standards approved by the Board
and used by researchers and public health workers to standardize the results of
experiments and to relate biological effects to a common base.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.080 “Registrant” defined. (NRS
459.201) “Registrant”
means any person who is registered with the Division and who is legally
obligated to register with the Division pursuant to NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.32, eff. 2-28-80]—(NAC
A by R084-98, 1-26-99; R149-07, 1-30-2008)
NAC 459.082 “Registration” defined. (NRS
459.201) “Registration”
means registration with the Division in accordance with the provisions of NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS.
[Bd. of Health, Radiation Control Reg. § 1.2.33, eff. 2-28-80]—(NAC
A by R084-98, 1-26-99; R149-07, 1-30-2008)
NAC 459.084 “Regulations of the Department of Transportation” defined. (NRS 459.201) “Regulations of the
Department of Transportation” means the regulations in 49 C.F.R. Parts 171 to
177, inclusive.
[Bd. of Health, Radiation Control Reg. § 1.2.34, eff. 2-28-80]—(NAC
A 9-6-88)
NAC 459.085 “Released for unrestricted use” defined. (NRS 459.201) “Released for unrestricted
use” means:
1. When applied to restricted areas on land
or in facilities such as buildings, that all radioactive materials have been
removed until the only radiation remaining is background radiation, and that
after the Division has given its approval, the area is no longer restricted; or
2. When applied to equipment such as tools
or vehicles in a restricted area, that all radioactive material has been
removed from the equipment, so that the equipment may be released from the
restricted area.
(Added to NAC by Bd. of Health, eff. 11-1-95)
NAC 459.086 “Rem” defined. (NRS
459.030, 459.201) “Rem” means the special
unit of any of the quantities expressed as a dose equivalent that is equal to
the absorbed dose in rads multiplied by the quality factor. One rem is
equivalent to 10 millisieverts.
[Bd. of Health, Radiation Control Reg. § 1.2.35, eff. 2-28-80]—(NAC
A 9-6-88; 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.088 “Research and development” defined. (NRS 459.201) “Research and development”
means:
1. Theoretical analysis, exploration or
experimentation; or
2. The extension of investigative findings
and theories of a scientific or technical nature into practical application for
experimental and demonstrative purposes, including the experimental production
and testing of models, devices, equipment, materials and processes. “Research
and development” does not include the internal or external administration of
radiation or radioactive material to human beings.
[Bd. of Health, Radiation Control Reg. § 1.2.36, eff. 2-28-80]
NAC 459.0885 “Residual waste” defined. (NRS
459.030, 459.201) “Residual waste” means
low-level radioactive waste resulting from processing or decontamination that,
because it cannot be easily separated into distinct batches attributable to
individual waste generators, is attributed to the processor or decontamination
facility, as applicable.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99;
A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.089 “Respiratory protective device” defined. (NRS 459.201) “Respiratory protective
device” means an apparatus used to reduce the intake of airborne radioactive
material by a person.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.090 “Restricted area” defined. (NRS
459.201) “Restricted
area” means any area to which access is limited by the licensee or registrant
for the purpose of protecting persons from undue risks from exposure to
radiation and radioactive material. The term does not include an area used for
residential quarters, although a separate room or rooms in a residential
building may be set apart as a restricted area.
[Bd. of Health, Radiation Control Reg. § 1.2.37, eff. 2-28-80]—(NAC
A 1-18-94)
NAC 459.092 “Roentgen” defined. (NRS
459.201) “Roentgen”
(R) means a special unit of exposure. One roentgen equals 2.58 x 10-4
coulombs per kilogram of air.
[Bd. of Health, Radiation Control Reg. § 1.2.38, eff. 2-28-80]
NAC 459.093 “Sanitary sewerage” defined. (NRS
459.201) “Sanitary
sewerage” means a system of public sewers for carrying off wastewater and
refuse. The term does not include sewage treatment facilities, septic tanks or
leach fields owned or operated by a licensee.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.094 “Sealed source” defined. (NRS
459.201) “Sealed
source” means radioactive material that is permanently bonded or fixed in a
capsule or matrix designed to prevent release and dispersal of the radioactive
material under the most severe conditions which are likely to be encountered in
normal use and handling.
[Bd. of Health, Radiation Control Reg. § 1.2.39, eff. 2-28-80]
NAC 459.0945 “Self-contained breathing apparatus” defined. (NRS 459.201) “Self-contained breathing
apparatus” means an atmosphere-supplying respirator for which the breathing air
source is designed to be carried by the user.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.095 “Shallow-dose equivalent” defined. (NRS 459.201) “Shallow-dose equivalent”
means the dose equivalent to the skin of the whole body or the skin of an
extremity that is measured at a tissue depth of 0.007 centimeter (7 mg/cm2).
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R085-06,
11-13-2006)
NAC 459.0955 “Shipper” defined. (NRS
459.201) “Shipper”
means an entity, including, without limitation, a waste collector, waste
generator or waste processor, that offers low-level radioactive waste for
transportation by consigning the waste to a different waste collector or waste
processor, or to a land disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.0957 “Shipping papers” defined. (NRS
459.030) “Shipping
papers” means Form 540 and, if necessary, Form 540A, published by the Nuclear
Regulatory Commission.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.0959 “Sievert” defined. (NRS
459.030) “Sievert”
means the special unit of any of the quantities expressed as a dose equivalent
that is equal to the absorbed dose in grays multiplied by the quality factor.
One sievert is equivalent to 100 rems.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.096 “Source material” defined. (NRS
459.201) “Source
material” means:
1. Uranium or thorium, or any combination
thereof, in any physical or chemical form; or
2. Ores which contain by weight
one-twentieth of one percent (0.05 percent) or more of uranium or thorium, or
any combination thereof. Source material does not include special nuclear
material.
[Bd. of Health, Radiation Control Reg. § 1.2.40, eff. 2-28-80]
NAC 459.098 “Source of radiation” defined. (NRS
459.201) “Source
of radiation” means any radioactive material, or any device or equipment
emitting or capable of producing radiation.
[Bd. of Health, Radiation Control Reg. § 1.2.41, eff. 2-28-80]
NAC 459.102 “Special nuclear material in quantities not sufficient to form a
critical mass” defined. (NRS
459.201) “Special
nuclear material in quantities not sufficient to form a critical mass” means
uranium enriched in the isotope uranium 235 in quantities not exceeding 350
grams of contained uranium 235; uranium 233 in quantities not exceeding 200
grams; plutonium in quantities not exceeding 200 grams; or any combination of
them in accordance with the following formula:
1. For each kind of special nuclear
material, determine the ration between the quantity of that special nuclear
material and the quantity specified above for the same kind of special nuclear
material.
2. The sum of such ratios for all of the
kinds of special nuclear material in combination must not exceed “1” for
example, unity. For example, the following quantities in combination would not
exceed the limitation and are within the formula:
175 (grams
contained U 235) 50 (grams U 233) 50 (grams Pu)
________________________ + ______________ + ___________ = 1
350 200 200
[Bd. of Health,
Radiation Control Reg. § 1.2.43, eff. 2-28-80]
NAC 459.1025 “Specific training on the system provided by the manufacturer”
defined. (NRS
459.201) “Specific
training on the system provided by the manufacturer” means training in the operation
of the system, safety procedures and clinical use of the system for the uses
approved by the United States Food and Drug Administration, and may be
fulfilled:
1. By satisfactory completion of a training
program provided by the manufacturer or an approved institution contracted by
the manufacturer; or
2. By receiving training from an authorized
user or authorized medical physicist for electronic brachytherapy who is
authorized by the Division to use the system.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.103 “Stochastic effect” defined. (NRS
459.201) “Stochastic
effect” means the effects on health that occur randomly and for which:
1. The probability of the effect occurring,
rather than its severity, is assumed to be a linear function of the dose of
radiation; and
2. It is believed that there is no
threshold.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1035 “Supplied-air respirator” defined. (NRS 459.201) “Supplied-air respirator”
means an atmosphere-supplying respirator for which the source of breathing air
is not designed to be carried by the user, and includes, without limitation, an
airline respirator.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.104 “Survey” defined. (NRS
459.201) “Survey”
means an evaluation of the radiological conditions and potential hazards
incident to the production, use, transfer, release, disposal or presence of
radioactive material or other sources of radiation. When appropriate, the
evaluation includes, but is not limited to, a physical survey of the location
of radioactive material and measurements or calculations of levels of
radiation, or concentrations or quantities of radioactive material present.
[Bd. of Health, Radiation Control Reg. § 1.2.44, eff. 2-28-80]—(NAC
A 1-18-94)
NAC 459.1045 “Temporary job site” defined. (NRS
459.201) “Temporary
job site” means a physical location where a source of radiation is stored or
used other than the physical location indicated on a license or registration as
the location at which the source of radiation covered by that license or
registration is used or stored.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.106 “Termination” defined. (NRS
459.201) “Termination”
means the end of employment with the license or registrant or, in the case of
persons not employed by the licensee or registrant, the end of a work
assignment in the licensee’s or registrant’s restricted areas in a given
calendar quarter, without expectation or specific scheduling of reentry into
the restricted areas during the remainder of that calendar quarter.
[Bd. of Health, Radiation Control Reg. § 1.2.51, eff. 2-28-80]
NAC 459.108 “Test” defined. (NRS
459.201) “Test”
means a method for determining the characteristics or condition of sources of
radiation or components thereof.
[Bd. of Health, Radiation Control Reg. § 1.2.45, eff. 2-28-80]
NAC 459.109 “Threshold” defined. (NRS
459.201) “Threshold”
means the dose of radiation below which there are no effects on the health of a
person from that dose of radiation.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1092 “Tight-fitting facepiece” defined. (NRS 459.201) “Tight-fitting facepiece”
means a respiratory inlet covering that forms a complete seal with the face.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.1095 “Total effective dose equivalent” defined. (NRS 459.201) “Total effective dose
equivalent” means the sum of the effective dose equivalent for external
exposures and the committed effective dose equivalent for internal exposures.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R185-08,
5-7-2010)
NAC 459.111 “Total organ dose equivalent” defined. (NRS 459.201) “Total organ dose
equivalent” means the sum of the deep-dose equivalent and the committed dose
equivalent for the organ receiving the highest dose.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1115 “Uniform manifest” defined. (NRS
459.201) “Uniform
manifest” means the combination of NRC Forms 540, 541 and 542, and continuation
sheets, as applicable.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.112 “Unrefined and unprocessed ore” defined. (NRS 459.201)
1. “Unrefined and unprocessed ore” means ore
in its natural form before any processing, such as grinding, roasting,
beneficiating or refining.
2. As used in this section, “processing”
does not include the sieving or encapsulation of ore or the preparation of
samples of ore for laboratory analysis.
[Bd. of Health, Radiation Control Reg. § 1.2.47, eff. 2-28-80]—(NAC
A by R144-13, 10-13-2016)
NAC 459.114 “Unrestricted area” defined. (NRS
459.201) “Unrestricted
area” means any area where access is not controlled or limited by the licensee
or registrant.
[Bd. of Health, Radiation Control Reg. § 1.2.48, eff. 2-28-80]—(NAC
A 1-18-94)
NAC 459.1142 “User-performed seal check” defined. (NRS 459.201) “User-performed seal
check” means an action conducted by the user of a respirator to determine if
the respirator is properly seated to the face. The term includes, without
limitation, a negative pressure check, a positive pressure check, an irritant
smoke check and an isoamyl acetate check.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.1145 “Very high radiation area” defined. (NRS 459.030, 459.201) “Very
high radiation area” means an area, accessible to persons, in which radiation
levels from a source of radiation external to the body could result in a person
receiving an absorbed dose in excess of 500 rads (5 grays) in 1 hour at 1 meter
from:
1. A radiation source; or
2. Any surface that the radiation
penetrates.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.11455 “Waste” defined. (NRS
459.201) “Waste”
means any low-level radioactive waste containing source material, special
nuclear material or by-product material specified in NAC 459.022 that is acceptable for disposal
in a land disposal facility. The term does not include any high-level
radioactive waste, transuranic waste, spent nuclear fuel or by-product material
specified in subsections 3 and 4 of NAC
459.022.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.1146 “Waste collector” defined. (NRS
459.201) “Waste
collector” means an entity that operates pursuant to a license issued by the
Nuclear Regulatory Commission or an agreement state whose principal purpose is
to:
1. Collect and consolidate waste generated
by others; and
2. Transfer this waste without processing or
repackaging the waste to another waste collector, waste processor or land
disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.1147 “Waste generator” defined. (NRS
459.201) “Waste
generator” means:
1. An entity that operates pursuant to a
license issued by the Nuclear Regulatory Commission or an agreement state that:
(a) Possesses any material or component that
contains radioactivity or is radioactively contaminated for which the licensee
foresees no further use; and
(b) Transfers this material or component to a land
disposal facility, waste collector or waste processor for handling or treatment
before disposal; or
2. An entity that operates pursuant to a
license issued by the Nuclear Regulatory Commission or an agreement state that
transfers residual waste from its facility to a land disposal facility, waste
collector or waste processor for handling or treatment before disposal.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.1148 “Waste processor” defined. (NRS
459.201) “Waste
processor” means an entity that operates pursuant to a license issued by the
Nuclear Regulatory Commission or an agreement state whose principal purpose is
to process, repackage or otherwise treat low-level radioactive material or
waste generated by others before the waste is transferred to a licensed land
disposal facility.
(Added to NAC by Bd. of Health by R084-98, eff. 1-26-99)
NAC 459.1149 “Waste type” defined. (NRS
459.030) “Waste
type” means a waste, within a disposal container, that has a unique physical
description. The term includes, without limitation, a waste that has a specific
descriptor code and a waste that is sorbed on or solidified in a specifically
defined medium.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.115 “Weighting factor” defined. (NRS
459.201) “Weighting
factor” means the proportion that the risk of stochastic effects resulting from
irradiation of an organ or tissue bears to the total risk of stochastic effects
when the whole body is irradiated uniformly, calculated pursuant to the
requirements set forth in NAC 459.323.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1152 “Whole body” defined. (NRS
459.201) “Whole
body” means, for the purposes of determining external doses, the head, that
portion of an arm above the elbow, that portion of a leg above the knee, and
the trunk, including the gonads.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.1156 “Woman who has declared her pregnancy” defined. (NRS 459.030, 459.201) “Woman
who has declared her pregnancy” means a woman who has voluntarily informed the
relevant licensee or registrant, in writing, of her pregnancy and the estimated
date of conception.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.116 “Worker” defined. (NRS
459.201) “Worker”
means a person engaged in work under a license or registration issued by the
agency and controlled by a licensee or registrant.
[Bd. of Health, Radiation Control Reg. § 1.2.50, eff. 2-28-80]
RADIATION CONTROL
General Provisions
NAC 459.118 Applicability. (NRS
459.030, 459.201) The provisions of NAC 459.010 to 459.950, inclusive, including the
provisions of the federal regulations adopted by reference in NAC 459.1232, 459.1997, 459.3062, 459.3205 and 459.737 apply to all persons who receive,
possess, use, transfer, own or acquire any source of radiation except as
otherwise specifically provided in NAC
459.010 to 459.950, inclusive.
Nothing in NAC 459.010 to 459.950, inclusive, applies to any person
to the extent he or she is subject to regulation by the Nuclear Regulatory
Commission.
[Bd. of Health, Radiation Control Reg. § 1.1, eff. 2-28-80]—(NAC
A 9-6-88; R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003;
A by Bd. of Health by R149-07, 1-30-2008; R144-13, 10-13-2016)
NAC 459.120 Exemptions. (NRS
459.201)
1. The Division may, upon application or its
own initiative, grant exemptions or exceptions from the requirements of NAC 459.010 to 459.950, inclusive, as it determines will
not result in undue hazard to public health and safety or property.
2. Common and contract carriers, freight
forwarders and warehousemen and the United States Postal Service are exempt
from the provisions of NAC 459.010 to 459.950, inclusive, which correspond to the
exemptions from federal regulations described in 10 C.F.R. § 30.13 to the
extent that they transport or store sources of radiation in the regular course
of their carriage for another or store the sources as an incident to such
transportation.
3. Any contractor or subcontractor of the
United States Department of Energy or the Nuclear Regulatory Commission who is
in one of the following categories and operating within this State is exempt
from NAC 459.010 to 459.950, inclusive, to the extent that,
under his or her contract, he or she receives, possesses, uses, transfers or
acquires sources of radiation:
(a) Any prime contractor performing work for the
United States Department of Energy at sites owned or controlled by the United
States Government, transporting sources of radiation to or from such sites, or
performing contract services during temporary interruptions of such
transportation.
(b) Any prime contractor of the United States
Department of Energy performing research in, or development, manufacture,
storage, testing or transportation of atomic weapons or components thereof.
(c) Any prime contractor of the United States
Department of Energy using or operating a nuclear reactor or other nuclear
device in a vehicle or vessel owned by the United States Government.
(d) Any other prime contractor or subcontractor of
the United States Department of Energy or of the Nuclear Regulatory Commission
when the State and the Nuclear Regulatory Commission jointly determine that:
(1) The exemption of the prime contractor or
subcontractor is authorized by law; and
(2) Under the terms of the contract or
subcontract there is adequate assurance that the work thereunder can be
accomplished without undue risk to public health or safety.
[Bd. of Health, Radiation Control Reg. §§ 1.3-1.3.3.4,
eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99; R149-07, 1-30-2008; R144-13, 10-13-2016;
R021-18, 12-30-2019)
NAC 459.122 Prohibited equipment. (NRS
459.201) The
use of the following equipment is prohibited:
1. Handheld fluoroscopic screens; and
2. Fluoroscopic devices for the fitting of
shoes.
[Bd. of Health, Radiation Control Reg. §§ 1.8-1.8.2,
eff. 2-28-80]
NAC 459.123 Enforcement by Division of provisions of statute and regulation
governing state control of radiation. (NRS 459.201) The
Division shall enforce the provisions of NRS 459.010 to 459.290, inclusive, and NAC 459.010 to 459.950, inclusive, and any other
applicable state or federal laws or regulations, and any orders, terms,
conditions or limitations adopted pursuant to those provisions or applicable
laws or regulations.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.1232 Adoption by reference and revision of certain provisions of
federal regulation regarding physical protection of certain quantities of
radioactive material. (NRS
459.201)
1. The provisions of 10 C.F.R. Part 37 are
hereby adopted by reference, subject to the following:
(a) The exclusion of the following definitions from
10 C.F.R. § 37.5:
(1) “Act”;
(2) “Commission”;
(3) “Government agency”; and
(4) “License.”
(b) Any reference in 10 C.F.R. Part 37 to:
(1) “Byproduct material” shall be deemed a
reference to “radioactive material.”
(2) “Commission” or “NRC” shall be deemed a
reference to “Division” except for the use of those terms in:
(I) 10 C.F.R. § 37.25(b), 10 C.F.R. §
37.27(a), 10 C.F.R. § 37.27(c) and 10 C.F.R. § 37.29(a); and
(II) The definition of “person” as set
forth in 10 C.F.R. § 37.5.
(3) “Commission or an Agreement State” shall
be deemed a reference to “Division, Nuclear Regulatory Commission or an
agreement state.”
(4) “Commission’s regulations,” “federal
regulations” or “NRC regulations” shall be deemed a reference to “NAC 459.010 to 459.950, inclusive.”
(5) “NRC license” shall be deemed a reference
to “license issued by the Division pursuant to NAC 459.010 to 459.950, inclusive.”
(6) “NRC Operations Center,” “NRC Regional
Office listed in § 30.6(a)(2)” or “Director, Division of Security Policy,
Office of Nuclear Security and Incident Response” shall be deemed a reference
to “the Radiation Control Program and the contact information described in NAC 459.134.”
(7) “NRC’s license verification system” shall
be deemed a reference to “Division, NRC’s license verification system or the
license issuing authority.”
(c) The following sections of 10 C.F.R. Part 37 are
not adopted by reference:
(1) Section 37.1;
(2) Section 37.3;
(3) Section 37.7;
(4) Section 37.9;
(5) Section 37.11(b);
(6) Section 37.13;
(7) Section 37.107; and
(8) Section 37.109.
2. A copy of the publication that contains
10 C.F.R. Part 37 may be obtained by mail from the Superintendent of Documents,
United States Government Publishing Office, P.O. Box 979050, St. Louis,
Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at the price
of $67, or free of charge at the Internet address https://www.ecfr.gov/.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016;
A by R021-18, 12-30-2019; R074-19, 6-8-2020)
NAC 459.1236 Storage and transfer of sources of radiation. (NRS 459.201)
1. A source of radiation may be stored at a
temporary job site for a period that exceeds:
(a) Thirty days only after the licensee or
registrant provides written notification to the Division; and
(b) One hundred eighty days only after the licensee
or registrant obtains written authorization from the Division.
2. A source of radiation may not be
transferred from one temporary job site to another temporary job site except as
authorized pursuant to a specific license issued by the Division.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.124 Records. (NRS
459.030, 459.060, 459.201)
1. In addition to other records required by NAC 459.010 to 459.950, inclusive, each licensee and
registrant shall maintain records showing his or her receipt, transfer and
disposal of all sources of radiation as follows:
(a) A licensee or registrant shall retain a record
showing his or her receipt of radioactive material during the period in which
the licensee or registrant possesses the radioactive material and for at least
3 years following the transfer or disposal of the radioactive material.
(b) Except as otherwise provided in NAC 459.010 to 459.950, inclusive, a licensee or
registrant who transfers radioactive material shall retain a record showing his
or her transfer of the radioactive material for at least 3 years after the
transfer occurs.
(c) Except as otherwise provided in NAC 459.010 to 459.950, inclusive, a licensee or
registrant who transfers source material shall retain a record showing his or
her transfer of the source material until the Division terminates the license
that authorizes the activity for which the source material that is subject to
the recordkeeping requirement is being used.
(d) A licensee or registrant who disposes of
radioactive material shall retain a record showing his or her disposal of the
radioactive material until the Division terminates the license that authorizes
the disposal of the radioactive material.
(e) While a licensee is maintaining records in
accordance with this section, if source or by-product material is combined or
mixed with other licensed material and subsequently treated in a manner that
makes direct correlation of a receipt record with a transfer, export or
disposition record impossible, the licensee may use evaluative techniques,
including, without limitation, the first-in, first-out method, to make the
records that are required pursuant to this section account for 100 percent of
the material received.
(f) If a retention period is not otherwise
specified in this section or as a condition of the license, a licensee or
registrant shall retain a record until the Division terminates the license that
authorizes the activity for which the radioactive material that is subject to
the recordkeeping requirement is being used.
(g) If there is a conflict between a retention
period set forth in NAC 459.010 to 459.950, inclusive, and a retention period
set forth as a condition of a license, the retention period set forth in NAC 459.010 to 459.950, inclusive, applies unless the
Division has granted an exemption from the retention period pursuant to NAC 459.120.
2. A licensee authorized to possess, in an
unsealed form, radioactive material with a half-life greater than 120 days
shall:
(a) Before his or her license terminates, forward
to the Division:
(1) All records of licensed radioactive
material disposed of by the licensee pursuant to NAC 459.3595 to 459.3615, inclusive, including burials
authorized before January 28, 1981; and
(2) All records required by paragraph (d) of
subsection 2 of NAC 459.3645; and
(b) If the licensee transfers or assigns any
licensed activities to another licensee in accordance with subsection 2 of NAC 459.198, transfer to the other
licensee:
(1) All records of licensed material disposed
of by the licensee pursuant to NAC 459.3595
to 459.3615, inclusive, including
burials authorized before January 28, 1981; and
(2) All records required by paragraph (d) of
subsection 2 of NAC 459.3645.
3. A licensee to whom records are
transferred pursuant to paragraph (b) of subsection 2 shall maintain the
records until the termination of his or her license.
4. A licensee whose license is being
terminated shall, before his or her license terminates, forward to the Division
the records required by subsection 13 of NAC
459.1955.
[Bd. of Health, Radiation Control Reg. § 1.4, eff. 2-28-80]—(NAC
A 9-6-88; 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; R144-13, 10-13-2016)
NAC 459.125 Certain records and documents of the Division regarding radiation
control declared confidential; procedure for marking documents as confidential. (NRS 239.010, 459.201)
1. The State Board of Health hereby declares
to be confidential the following final records and documents of the Division
regarding radiation control:
(a) Correspondence to and from the Division regarding
the issuance, denial, amendment, transfer, renewal, modification, suspension,
revocation or violation of a license, permit, order or standard design
approval, or regarding a proceeding concerning the adoption of regulations
pursuant to NRS 459.010 to 459.290, inclusive; and
(b) Records and documents of the Division regarding
radiation control which are:
(1) Established by an executive order issued
by the President of the United States to be kept secret in the interest of
national defense or foreign policy and are in fact properly classified pursuant
to that executive order;
(2) Related solely to the internal personnel
rules and practices of the Division regarding radiation control;
(3) Specifically exempted from disclosure by
statute but only if that statute requires that the matters be withheld from the
public in such a manner as to leave no discretion on the issue;
(4) Trade secrets as provided in NRS 459.050 and commercial or
financial information obtained from a person which is privileged or
confidential;
(5) Interagency or intra-agency memorandums or
letters regarding radiation control which would not be available by law to a
party other than an agency in litigation with the Division;
(6) Information of a personal nature,
including, without limitation, personnel and medical files and other similar
files, the disclosure of which would constitute a clearly unwarranted invasion
of personal privacy;
(7) Records or information compiled for law
enforcement purposes, but only to the extent that the production of such law
enforcement records or information:
(I) Could reasonably be expected to
interfere with enforcement proceedings;
(II) Would deprive a person of a right to
a fair trial or an impartial adjudication;
(III) Could reasonably be expected to
constitute an unwarranted invasion of personal privacy;
(IV) Could reasonably be expected to
disclose the identity of a confidential source, including a state or local
agency or authority, or any private institution which furnished information on
a confidential basis, and, in the case of a record or information compiled by a
criminal law enforcement authority in the course of a criminal investigation,
or by an agency conducting a lawful national security intelligence
investigation, information furnished by a confidential source;
(V) Would disclose techniques and
procedures for law enforcement investigations or prosecutions, or would
disclose guidelines for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circumvention of the law; or
(VI) Could reasonably be expected to
endanger the life or physical safety of any person;
(8) Contained in or related to examination,
operating or condition reports prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision of financial institutions;
and
(9) Geological and geophysical information and
data, including maps, concerning wells.
2. A person who wishes to have a document,
or a portion of it, withheld from public disclosure because it contains confidential
information pursuant to subsection 1 must ensure, at the time of filing with
the Division the information sought to be withheld, that the document
containing information sought to be withheld is marked as follows:
(a) The first page of the document, and each
successive page containing such information, must be marked so as to be readily
visible, at the top or by electronic watermark or other suitable marking on the
body of the page, with language substantially similar to: “confidential information
submitted pursuant to NAC 459.125,”
“withhold from public disclosure under NAC
459.125,” or “proprietary,” to indicate that it contains information the
requester wishes to have withheld.
(b) Each document or page, as appropriate,
containing information sought to be withheld from public disclosure must
indicate, adjacent to the information or as specified in paragraph (a) if the
entire page is affected, the basis, including, without limitation, trade secret
or personal privacy, for proposing that the information be withheld from public
disclosure pursuant to subsection 1.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.126 Inspections. (NRS
459.201)
1. Each licensee and registrant shall, at
any reasonable time, permit the Division to inspect sources of radiation and
the premises or facilities where sources of radiation are used or stored.
2. Each licensee and registrant shall make
available to the Division for inspection, upon reasonable notice, his or her
records maintained pursuant to these regulations.
[Bd. of Health, Radiation Control Reg. §§ 1.5-1.5.2,
eff. 2-28-80]
NAC 459.128 Tests. (NRS
459.201) On
instruction from the Division, each licensee and registrant shall perform or
permit the Division to perform such reasonable tests as the Division deems
appropriate or necessary, including, but not limited to, tests of:
1. Sources of radiation;
2. Facilities in which sources of radiation
are used or stored;
3. Instruments for detection and monitoring
of radiation; and
4. Other equipment and devices used in
connection with the use or storage of licensed or registered sources of
radiation.
[Bd. of Health, Radiation Control Reg. §§ 1.6-1.6.4,
eff. 2-28-80]
NAC 459.134 Communications with Division. (NRS
459.201) All
communications and reports concerning the provisions of NAC 459.010 to 459.950, inclusive, and copies of
regulatory guides and applications filed under those provisions should be
addressed to the Radiation Control Program, Division of Public and Behavioral
Health, at the current applicable mailing address provided on the Internet
website for the Radiation Control Program at http://dpbh.nv.gov/Reg/Radiation_Control_Programs/.
[Bd. of Health, Radiation Control Reg. § 1.9, eff. 2-28-80]—(NAC
A 9-6-88; R084-98, 1-26-99; R149-07, 1-30-2008; R144-13, 10-13-2016; R021-18,
12-30-2019)
NAC 459.135 Deliberate misconduct prohibited; enforcement action. (NRS 439.200, 459.030,
459.201)
1. A
licensee, registrant, employee of a licensee or registrant, contractor or
subcontractor of a licensee or registrant, or employee of such a contractor or
subcontractor, who knowingly provides to a licensee or registrant, or to a
contractor or subcontractor of a licensee or registrant, any component,
equipment, material or other good or service that relates to the activities of
the licensee or registrant pursuant to this chapter shall not:
(a) Engage in deliberate misconduct; or
(b) Deliberately submit to the Division, a
licensee, a registrant, or a contractor or subcontractor of a licensee or
registrant, information that the person submitting the information knows to be
incomplete or inaccurate in some respect material to the Division.
2. A person who violates subsection 1 may be
subject to an enforcement action by the Division.
3. As used in this section:
(a) “Contractor” includes a supplier and a
consultant.
(b) “Deliberate misconduct” means an intentional
act or omission that the person knows:
(1) Would cause or, if not detected, would
have caused, a licensee or registrant to be in violation of any rule,
regulation or order of the Division, or of any term, condition or limitation of
a license or registration issued by the Division; or
(2) Constitutes a violation of a requirement,
procedure, instruction, contract, purchase order or policy of a licensee,
registrant, contractor or subcontractor.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R043-20, 12-29-2020)
NAC 459.136 Procedure for review of actions taken by Division; appeals. (NRS 459.201)
1. Any licensee or registrant who has reason
to believe that an action by the Division or one or more of the Division’s
staff members pursuant to NAC 459.118 to
459.950, inclusive, concerning him or
her has been incorrect or based on inadequate knowledge may, within 10 business
days after receiving notice of the action, request an informal discussion with
the employee responsible for the action and the immediate supervisor of the
employee.
2. If the informal discussion does not
resolve the problem, the aggrieved person may, within 10 business days after
the date scheduled for the informal discussion, submit a written request to the
Division for an informal conference. The informal conference must be scheduled
for a date, place and time mutually agreed upon by the aggrieved person and the
Division, except that the informal conference must be held no later than 60
days after the date on which the Division received the written request.
3. Except as otherwise provided in
subsection 4, the determination of the Division resulting from the informal
conference cannot be appealed and is the final remedy available to the
aggrieved person.
4. An applicant for or holder of a license
or registration issued pursuant to NAC
459.118 to 459.950, inclusive, who
is aggrieved by the Division taking any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, and NAC 459.208 and 459.209 may appeal that action in
accordance with NAC 439.300 to 439.395, inclusive, after exhausting the
informal procedures set forth in this section, except that the Division may
waive the informal procedures, or any portion thereof, by giving written notice
to the aggrieved person.
[Bd. of Health, Radiation Control Reg. §§ 12.1-12.1.4,
eff. 2-28-80]—(NAC A 9-6-88; 10-30-97; R149-07, 1-30-2008; R144-13, 10-13-2016)
NAC 459.138 Change of method for determining calendar quarters. (NRS 459.201) No licensee or registrant
may change the method observed by him or her for determining calendar quarters
for purposes of NAC 459.010 to 459.950, inclusive, except at the beginning
of a calendar year.
[Bd. of Health, Radiation Control Reg. part § 1.2.6,
eff. 2-28-80]—(NAC A 9-6-88; R084-98, 1-26-99; R149-07, 1-30-2008)
NAC 459.140 Variances. (NRS
459.201) A
request for a variance must be made in accordance with the procedures in chapter 439 of NAC, regulations governing the
procedures for seeking variances from board regulations.
[Bd. of Health, Radiation Control Reg. §§ 12.2 &
12.2.1, eff. 2-28-80]
NAC 459.141 Termination of declaration of woman who has declared her
pregnancy. (NRS
459.030) The
declaration of a woman who has declared her pregnancy remains in effect until
the woman making the declaration:
1. Withdraws the declaration in writing; or
2. Is no longer pregnant.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.142 Severability. (NRS
459.201) If
any of the provisions of NAC 459.010 to 459.950, inclusive, or any application
thereof to any person, thing or circumstance is held invalid, it is intended
that such invalidity not affect the remaining provisions, or their application,
that can be given effect without the invalid provision or application.
[Bd. of Health, Radiation Control Reg. § 1.10, eff. 2-28-80]—(NAC
A 9-6-88; R084-98, 1-26-99; R149-07, 1-30-2008)
Registration of Radiation Machines: Generally
NAC 459.150 Scope of provisions; registration of radiation machines and
persons who install or perform service upon such machines required;
modifications of radiation machines; prohibitions. (NRS 459.201)
1. NAC
459.150 to 459.179, inclusive,
provide for the registration of radiation machines and registration of persons
who install or perform service upon radiation machines.
2. Except as otherwise provided in
subsection 3, a radiation machine registered in this State must be maintained
in the form in which it was manufactured except that modifications may be made
to the radiation machine as authorized by the manufacturer of the radiation
machine or the United States Food and Drug Administration.
3. Except as otherwise provided in paragraph
(b) of subsection 5, all parts of an X-ray system must be maintained on a
radiation machine registered in this State in the form in which they were
manufactured except that modifications may be made to an X-ray system on such a
radiation machine if prior written approval is obtained from the Division.
4. No person may repair, maintain or install
radiation machines unless he or she is registered in conformance with the
requirements of NAC 459.150 to 459.179, inclusive.
5. A person who is registered with the
Division to install, service or repair radiation machines shall not:
(a) Install:
(1) A radiation machine in a facility for
human use unless the radiation machine has been certified by the United States
Food and Drug Administration for human use; or
(2) A radiation machine that produces ionizing
radiation unless he or she provides written notice to the Division before the
installation; or
(b) Make any modifications to an X-ray system on a
radiation machine which affect the field size or output unless prior approval
is obtained from the manufacturer, the United States Food and Drug
Administration or the Division. Such approval must be in writing and must be
maintained on the premises of the registrant of the radiation machine.
6. A person may operate a radiation machine
only if there is a valid registration or the operator is registered with the
Division to install, service or repair the machine.
[Bd. of Health, Radiation Control Reg. §§ 2.12.1.2,
eff. 2-28-80; § 2.1.3, eff. 10-15-81]—(NAC A 4-27-84; 9-1-89; R144-13, 10-13-2016;
R021-18, 12-30-2019)
NAC 459.152 Exemptions from requirements. (NRS
459.201)
1. Except as otherwise provided in
subsection 5, electronic equipment that produces radiation incidental to its
operation for other purposes is exempt from the requirements of registration
and notification in NAC 459.150 to 459.166, inclusive, if the dose equivalent
rate, averaged over an area of 10 square centimeters, does not exceed 0.5 mrem
per hour at 5 cm from any accessible surface of the equipment. The production,
testing or factory servicing of the equipment is not exempt.
2. Radiation machines which:
(a) Are in transit or in storage incident to
transportation; or
(b) Have been previously registered and are
disassembled or in storage,
Ê are exempt
from the requirements of NAC 459.150 to 459.166, inclusive.
3. Domestic television receivers are exempt
from the requirements of NAC 459.150 to 459.166, inclusive.
4. For the purposes of subsection 2, a
radiation machine is considered to be:
(a) In storage if it is safely stored in an
inoperable status, with no supplied power.
(b) Disassembled if it is rendered inoperable by
means of physical disassembly of the machine components and structure.
5. An operational radiation machine which is
not in service for the purpose for which the radiation machine was registered
is exempt from the requirements of NAC
459.150 to 459.166, inclusive, which
are applicable to electronic equipment.
6. Nothing in this section exempts a person
from the licensing requirements of NAC
459.010 to 459.950, inclusive, and chapter 459 of NRS applicable to the
possession and use of radioactive materials.
[Bd. of Health, Radiation Control Reg. §§ 2.2-2.2.3,
eff. 2-28-80]—(NAC A 4-27-84; R144-13, 10-13-2016)
NAC 459.154 Applications for registration; temporary use of portable machine;
installation by authorized holder of registration certificate required; fee for
registration; refund of fee if paid in error. (NRS
439.150, 459.201)
1. Except as otherwise provided in
subsection 2, each person who controls an unregistered, operational radiation
machine, regardless of whether the radiation machine is in actual service as
intended, shall apply to the Division for registration of the machine within 30
days after installing the machine.
2. A person who brings a portable machine
into this State for a temporary use of 180 days or less in any calendar year:
(a) Must apply to the Division for registration of
the machine for a temporary use at least 3 working days before using it in this
State;
(b) Shall comply with all other applicable
provisions of NAC 459.010 to 459.950, inclusive;
(c) Shall furnish the Division with any other
information it may reasonably request; and
(d) Shall not use the machine in this State more
than 180 days per calendar year.
3. The application must be made on the
Division’s Registration Application for Radiation Machine Installation. A copy
of the form may be obtained from the Division. A separate application and
registration are required for each control console or any other assembly
approved by the Division of a radiation machine.
4. Each application for registration of a
radiation machine must contain a list of the numbers of the X-ray tubes
associated with a control panel.
5. Each person who controls a radiation
machine must designate on the application form a person where the machine is
located who is responsible for protection against radiation.
6. Each person who seeks to engage in the
business of installing radiation machines, furnishing services or repairing
radiation machines in this State must apply for registration with the Division
and receive a certificate of registration before furnishing any services.
7. A radiation machine may only be installed
by a person who has obtained a registration certificate pursuant to NAC 459.156 which specifies that the person
is authorized to install radiation machines. Within 10 days after installing a
radiation machine, the person who installed the machine shall report the fact
of the installation to the Division.
8. Except as otherwise provided in this
subsection, each application for registration by a person to install, service
or repair radiation machines must be accompanied by a nonrefundable annual fee
of $140, or the application must not be acted upon by the Division. If a
payment was made in error, the Division will refund the fee collected pursuant
to this subsection, after deducting an amount calculated to cover the
administrative costs directly related to issuing the refund.
[Bd. of Health,
Radiation Control Reg. §§ 2.3, 2.3.2, & 2.3.3, eff. 2-28-80; § 2.3.1, eff.
2-28-80; A 10-15-81; §§ 2.3.1.1 & 2.3.1.2, eff. 10-15-81]—(NAC A 4-27-84; 6-23-86;
9-6-88; 9-6-88; 4-18-90; 1-24-92; R084-98, 1-26-99; R149-03, 12-3-2003; R149-07,
1-30-2008; R144-13, 10-13-2016; R021-18, 12-30-2019)
NAC 459.156 Registration certificate: Issuance; incorporation of additional
requirements and conditions. (NRS
459.201)
1. Upon a determination that an applicant
meets the requirements of NAC 459.150 to
459.166, inclusive, the Division shall
issue a registration certificate for the radiation machine or for the person
installing, servicing or repairing radiation machines on the appropriate form.
2. The Division may incorporate in the
registration certificate at the time of issuance or thereafter by appropriate
regulations or order any additional requirements and conditions with respect to
the receipt, possession, use and transfer of radiation machines by the
registrant as it deems appropriate or necessary.
[Bd. of Health, Radiation Control Reg. §§ 2.4-2.4.2,
eff. 2-28-80]—(NAC A 4-27-84)
NAC 459.158 Registration certificate: Expiration. (NRS 459.201) Except as provided by NAC 459.160, each registration certificate
expires on the last day of the month and year indicated on the certificate or
30 days after notification of expiration by the Division.
[Bd. of Health, Radiation Control Reg. § 2.5, eff. 2-28-80]—(NAC
A 4-27-84)
NAC 459.160 Registration certificate: Renewal. (NRS 459.201)
1. An application for renewal of
registration must be filed in accordance with NAC
459.154.
2. If a registrant files an application for
renewal of his or her registration accompanied by the appropriate fee at least
30 days before its expiration, his or her registration does not expire until
the status of his or her registration has been determined by the Division.
[Bd. of Health, Radiation Control Reg. §§ 2.6 &
2.6.1, eff. 2-28-80; § 2.6.2, eff. 2-28-80; A 10-15-81]—(NAC A 4-27-84; R021-18,
12-30-2019)
NAC 459.161 Fees; failure to submit fee; refund of fee paid in error. (NRS 439.150, 439.200,
459.201,
653.460)
1. Except as otherwise provided in
subsection 6, an application for the registration of a radiation machine
submitted pursuant to NAC 459.154 must
be accompanied by a nonrefundable fee for each X-ray tube, electron source or
source of ionizing radiation which is installed in the radiation machine, as
follows:
(a) Medical use, other than mammography, $500.
(b) Veterinary use, $150.
(c) Dental use, $140.
(d) Industrial use, $200.
(e) Academic use, $150.
(f) Accelerator, $550.
2. Except as otherwise provided in
subsections 3 and 6, if the Division issues a registration certificate pursuant
to NAC 459.156, the registrant must, for
each year the certificate is valid, submit to the Division a nonrefundable
renewal fee in an amount equal to the appropriate fee set forth in subsection
1.
3. The renewal fee must be electronically
received by the Division not later than the date on which the registration
expires unless, before that date, the registrant electronically submits to the
Division pursuant to NAC 459.162 a
notice that the registrant has transferred ownership of the radiation machine,
placed the radiation machine in storage or disposed of the radiation machine.
If the fee or notice is not electronically received by that date, the
registrant must electronically submit to the Division in the form prescribed by
the Division:
(a) An application for renewal of the registration;
(b) A fee in an amount that is equal to the
appropriate fee set forth in subsection 1; and
(c) A fee for late payment of $56 per registration.
4. Except as otherwise provided in
subsection 6, an application for the issuance of a duplicate registration
certificate for a radiation machine or for the person installing, servicing or
repairing radiation machines must be accompanied by a nonrefundable fee of $25.
5. Any application for registration or renewal
of registration which is not accompanied by the appropriate fees will not be
acted upon by the Division until such fees are paid.
6. If a payment was made in error, the
Division will refund the fee collected pursuant to this section, after
deducting an amount calculated to cover the administrative costs directly
related to issuing the refund.
(Added to NAC by Bd. of
Health, eff. 9-1-89; A 1-24-92; 11-1-95; R149-03, 12-3-2003; R085-06, 11-13-2006;
R149-07, 1-30-2008; R144-13, 10-13-2016; R021-18, 12-30-2019; R043-20, 12-29-2020)
NAC 459.162 Report of changes to Division. (NRS
439.200, 459.201) The registrant shall
electronically notify the Division in the form prescribed by the Division
before making any change which would render the information contained in his or
her application for registration or his or her registration certificate, or
both, no longer accurate.
[Bd. of Health, Radiation Control Reg. § 2.7, eff. 2-28-80]—(NAC
A R043-20, 12-29-2020)
NAC 459.164 Advertisement. (NRS
459.201) No
person may advertise the fact that the person or his or her facility is
registered with the Division pursuant to the provisions of NAC 459.150 to 459.166, inclusive, or imply that any
activity under the registration has been approved by the Division.
[Bd. of Health, Radiation Control Reg. § 2.8, eff. 2-28-80]—(NAC
A 4-27-84)
NAC 459.166 Transfer, loan, disposal, assembly or installation of machine,
supplies or equipment. (NRS
459.201)
1. Any person who sells, leases, transfers,
lends, disposes, assembles or installs radiation machines in this State or
sells, leases, transfers or disposes of a radiation machine currently
registered in this State shall, within 15 days, notify the Division of:
(a) The name and address of each person who has
received such a machine;
(b) The manufacturer, model and serial number of
each:
(1) Control console or any other assembly
approved by the Division; and
(2) X-ray tube transferred, installed,
disassembled or disposed of;
(c) The type of service performed; and
(d) The date of transfer, installation, disassembly
or disposal of each machine.
2. A person shall not make, sell, lease,
transfer, lend, assemble or install any radiation machine or the supplies and
equipment used in connection with such a machine unless the machine and any
supplies and equipment, when properly placed in operation and used, meet the
applicable requirements of NAC 459.010
to 459.950, inclusive.
[Bd. of Health, Radiation Control Reg. §§ 2.9-2.9.2,
eff. 2-28-80]—(NAC A 4-27-84; R084-98, 1-26-99; R149-07, 1-30-2008; R144-13, 10-13-2016;
R021-18, 12-30-2019)
Registration of Radiation Machines: Invasive Intervention
Radiation Machines to Perform Federally Exempt Radiography
NAC 459.170 Additional requirements for registration certificate; notice of
certain changes to Division; retention and provision of documentation. (NRS 459.201)
1. In addition to any other requirements for
obtaining a registration certificate for an invasive intervention radiation
machine issued by the Division pursuant to NAC
459.156, an applicant for such a registration certificate must submit to
the Division documentation evidencing that each person who will operate the
invasive intervention radiation machine to perform federally exempt radiography
satisfies the requirements set forth in NAC
459.172.
2. As part of the notification required
pursuant to NAC 459.162, the registrant
for an invasive intervention radiation machine shall notify the Division if:
(a) A person for whom documentation was submitted
pursuant to subsection 1 will no longer be operating the invasive intervention
radiation machine to perform federally exempt radiography; or
(b) A person for whom documentation was not
submitted pursuant to subsection 1 will be operating the invasive intervention
radiation machine to perform federally exempt radiography. The registrant must
retain documentation evidencing that the person who will operate the invasive
intervention radiation machine to perform federally exempt radiography
satisfies the requirements set forth in NAC
459.172 and provide the documentation to the Division upon request.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
NAC 459.172 Qualifications of person to operate machine. (NRS 459.201) A person is qualified to
operate an invasive intervention radiation machine to perform federally exempt
radiography if the person:
1. Is currently certified by the American
Registry of Radiologic Technologists;
2. Has a current certificate of
authorization to operate a radiation machine for mammography issued by the
Division pursuant to NRS 457.183;
or
3. Has:
(a) Documentation evidencing that the person
received training which consisted of performing at least five hands-on
procedures using the type of invasive intervention radiation machine for which
registration is sought while supervised by a person who:
(1) Satisfied the qualifications set forth in
subsection 1 or 2;
(2) Was trained in the operation of the type
of invasive intervention radiation machine for which registration is sought by
a person who satisfied the qualifications set forth in subsection 1 or 2;
(3) Was trained in the operation of the type
of invasive intervention radiation machine for which registration is sought by
a person who received training which consisted of performing at least five
hands-on procedures using the type of invasive intervention radiation machine
for which registration is sought while supervised by a person who was trained
pursuant to subparagraph (2); or
(4) Was trained in the operation of the type
of invasive intervention radiation machine for which registration is sought by
a person who received training which consisted of performing at least five
hands-on procedures using the type of invasive intervention radiation machine
for which registration is sought while supervised by a person who was trained
pursuant to subparagraph (1), (2) or (3); or
(b) If the training was received before March 8,
2017, completed an attestation, approved by the Division, which states that the
person performed at least five hands-on procedures using the type of invasive
intervention radiation machine for which registration is sought.
Ê The hands-on
procedures described in this subsection must have included the proper use and
operation of the compression device of the type of invasive intervention
radiation machine for which registration is sought.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
NAC 459.174 Duties of registrant. (NRS
459.201) The
registrant for an invasive intervention radiation machine shall:
1. Establish and maintain policies and
procedures to ensure the safe operation of each invasive intervention radiation
machine for which the Division has issued a registration certificate to the
registrant pursuant to NAC 459.156. The
policies and procedures established pursuant to this subsection must require
that tests of an invasive intervention radiation machine are performed in
accordance with the frequency required and consistent with the requirements of
the manufacturer of the radiation machine.
2. Ensure that:
(a) The results of the tests required by subsection
1 are analyzed to determine if there are any problems requiring correction;
(b) The necessary corrective action is taken
whenever the results of a test for quality assurance indicate that such action
is required; and
(c) If necessary corrective action is taken, the
action is taken before the radiation machine is used to perform any examination
on a patient.
3. Ensure that a medical physicist who
satisfies the qualifications set forth in 21 C.F.R. § 900.12(a)(3) performs:
(a) Surveys in accordance with the frequency and
requirements described in 21 C.F.R. § 900.12(e)(9) and which include the
testing described in 21 C.F.R. § 900.12(e)(4)(iii) and (e)(5)(xi); and
(b) The examinations required by NAC 459.176.
4. Ensure that records of the tests required
by subsection 1, the surveys required by subsection 3 and the examinations
required by NAC 459.176 are retained
until the Division authorizes disposal of the records.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
NAC 459.176 Examination of machine; written record of findings; corrective
action. (NRS
459.201)
1. An invasive intervention radiation
machine must be examined to verify that the invasive intervention radiation
machine is operating in accordance with the specifications of the manufacturer
of the invasive intervention radiation machine and that the invasive
intervention radiation machine satisfies the requirements of the standards set
forth in 21 C.F.R. § 900.12(b) and 21 C.F.R. § 900.12(e) that would apply to
the invasive intervention radiation machine if the invasive intervention
radiation machine were used to perform mammography as defined in 21 C.F.R. §
900.2(aa):
(a) Before the invasive intervention radiation
machine is placed into service and at least annually thereafter;
(b) After the invasive intervention radiation
machine is disassembled and reassembled at the same or a new location; and
(c) After a major component of the invasive
intervention radiation machine is changed or repaired.
2. The medical physicist performing the
examination shall make a written record of his or her findings and submit the
record to the registrant for an invasive intervention radiation machine within
30 days after the examination.
3. If the registrant for an invasive
intervention radiation machine does not receive the written record within the
period prescribed in subsection 2, the registrant shall remove the machine from
service until he or she receives the record.
4. If the registrant for an invasive
intervention radiation machine receives a written record pursuant to subsection
2 which indicates problems with the invasive intervention radiation machine
requiring correction, the registrant shall ensure that the necessary corrective
action is taken before the invasive intervention radiation machine is used to
perform any examination on a patient.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
NAC 459.178 Posting of techniques chart required. (NRS 459.201) A copy of the techniques
chart described in 21 C.F.R. § 900.12(e)(5) must be posted by the control
console or any other assembly approved by the Division of an invasive
intervention radiation machine, for each examination performed on a patient.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
NAC 459.179 Prohibition on use of machine for screening or diagnostic
mammography; exception. (NRS
459.201)
1. Except as otherwise provided in
subsection 2, an invasive intervention radiation machine may not be used to
perform screening or diagnostic mammography services.
2. A registrant for the invasive
intervention radiation machine may use such a machine to perform screening or
diagnostic mammography services if:
(a) The registrant revokes his or her registration
certificate issued pursuant to NAC 459.156
for the invasive intervention radiation machine;
(b) The registrant applies for and receives a valid
certificate of authorization issued pursuant to NRS 457.184 for the invasive
intervention radiation machine; and
(c) The invasive intervention radiation machine
satisfies the requirements for a radiation machine for mammography set forth in
chapters 457 of NRS and NAC.
(Added to NAC by Bd. of Health by R021-18, eff. 12-30-2019)
Licensing of Radioactive Material
NAC 459.180 Applicable provisions; exceptions. (NRS 459.030, 459.201)
1. The provisions of NAC 459.180 to 459.3154, 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 459.3154, inclusive, or as otherwise
provided in those sections with the following exceptions:
(a) A 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.
(b) A 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.
(c) Persons exempt as provided in this section.
(d) Persons exempt pursuant to the applicable
sections of 10 C.F.R. Part 150.
2. In addition to the requirements of NAC 459.180 to 459.3154, 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;
R144-13, 10-13-2016)
NAC 459.181 Compliance with federal regulations in transport of licensed
material. (NRS
459.201)
1. Each licensee who transports licensed
material outside the site of usage, as specified in the license issued by the
Executive Secretary, the United States Nuclear Regulatory Commission or an
agreement state, or where transport is on public highways, or who delivers
licensed material to a carrier for transport, shall comply with the applicable
requirements of the regulations of the United States Department of
Transportation set forth in 49 C.F.R. Parts 107, 171 to 180, inclusive, and 390
to 397, inclusive, appropriate to the mode of transport.
2. The licensee shall particularly note
those regulations specified in the following areas:
(a) Accident reporting—49 C.F.R. §§ 171.15 and
171.16.
(b) Hazardous material employee training—49 C.F.R.
§§ 172.700 to 172.704, inclusive.
(c) Hazardous material shipper or carrier
registration—49 C.F.R. §§ 107.601 to 107.606, inclusive (Subpart G).
(d) Marking and labeling—49 C.F.R. §§ 172.300 to
172.338, inclusive, 172.400 to 172.407, inclusive, and 172.436 to 172.441,
inclusive, of Subpart E.
(e) Packaging—49 C.F.R. §§ 173.1 to 173.13,
inclusive, 173.21 to 173.40, inclusive, and 173.401 to 173.477, inclusive.
(f) Placarding—49 C.F.R. §§ 172.500 to 172.560,
inclusive, and Appendices B and C.
(g) Security plans—49 C.F.R. §§ 172.800 to 172.804,
inclusive.
(h) Shipping papers and emergency information—49
C.F.R. §§ 172.200 to 172.205, inclusive, and 172.600 to 172.606, inclusive.
3. The licensee shall also note the
regulations of the United States Department of Transportation relating to the
following modes of transportation:
(a) Air—49 C.F.R. Part 175;
(b) Public Highway—49 C.F.R. Parts 177 and 390 to
397, inclusive;
(c) Rail—49 C.F.R. §§ 174.1 to 174.86, inclusive,
and 174.700 to 174.750, inclusive; and
(d) Vessel—49 C.F.R. §§ 176.1 to 176.99, inclusive,
and 176.700 to 176.720, inclusive.
4. If the regulations of the United States
Department of Transportation are not applicable to a shipment of licensed
material, the licensee shall conform to the standards and requirements of the
United States Department of Transportation specified in subsection 1 to the
same extent as if the shipment or transportation were subject to those
regulations. A request for a modification, waiver or exemption from those
requirements, and any notification referred to in those requirements, must be
filed with, or made to, the Division.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.182 Exemptions for source materials.
(NRS
459.201)
1. Any person is exempt from NAC 459.180 to 459.3154, 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 459.3154, 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.”
Ê 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; R144-13, 10-13-2016; R021-18, 12-30-2019)
NAC 459.184 Exemption for certain concentrations and quantities of
radioactive material other than source material. (NRS 459.030, 459.201)
1. Except as otherwise provided in
subsection 3, any person is exempt from NAC
459.180 to 459.3154, inclusive, to
the extent that he or she receives, possesses, uses, transfers, owns or
acquires products or materials containing:
(a) Radioactive material in concentrations not in
excess of those listed in NAC 459.186;
or
(b) Naturally occurring radioactive material that
contains less than 5 picocuries (0.185 becquerels) of radium-226 per gram of
material.
2. Any person who possesses by-product
material received or acquired before September 25, 1971, under the general
license then provided pursuant to 10 C.F.R. § 31.4, or a similar general
license of a state, is exempt from the requirements of NAC 459.180 to 459.3184, inclusive, 459.737 and 459.738 to the extent that the person
possesses, uses, transfers or owns such by-product material.
3. A person shall not introduce radioactive
material into a product or material knowing or having reason to believe that it
will be transferred to persons exempt under subsection 1 or the equivalent
regulations of the Nuclear Regulatory Commission or any agreement state, except
in accordance with a specific license issued by the Nuclear Regulatory
Commission pursuant to 10 C.F.R. § 32.11 or the general licenses provided in NAC 459.210.
4. A manufacturer, processor or producer of
a product or material is exempt from the requirements for a license set forth
in 10 C.F.R. Part 81 and from NAC 459.180
to 459.3154, inclusive, to the extent
that the person transfers by-product material contained in a product or
material:
(a) In concentrations not in excess of those
specified in NAC 459.186; and
(b) Introduced into the product or material by a
licensee holding a specific license issued by the Division expressly
authorizing such introduction.
Ê This
exemption does not apply to the transfer of by-product material contained in
any food, beverage, cosmetic, drug or other product designed for ingestion or
inhalation by, or application to, a human being.
5. Except as otherwise provided in
subsections 6 and 7, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, to the extent that he
or she receives, possesses, uses, transfers, owns or acquires radioactive
material in individual quantities each of which does not exceed the applicable
quantity set forth in NAC 459.188.
6. The provisions of NAC 459.180 to 459.3154, inclusive, do not authorize the
production, packaging or repackaging of radioactive material for purposes of
commercial distribution or the incorporation of radioactive material into
products intended for commercial distribution.
7. A person shall not, for purposes of
commercial distribution, transfer radioactive material in the individual
quantities in NAC 459.188, knowing or
having reason to believe that such quantities of radioactive material will be
transferred to persons exempt under subsections 5 and 6 or the equivalent
regulations of the Nuclear Regulatory Commission or any agreement state, except
in accordance with a specific license issued by the Nuclear Regulatory
Commission pursuant to 10 C.F.R. § 32.18. The license must state that the
radioactive material may be transferred by the licensee to persons exempt under
subsections 5 and 6 or the equivalent regulations of the Nuclear Regulatory
Commission or any agreement state.
8. Except for by-product material combined
within a device placed in use before May 3, 1999, or as otherwise authorized by
this chapter, no person may combine quantities of by-product material covered
by this exemption in such a manner that the aggregate quantity exceeds the
limits set forth in NAC 459.188 for
purposes of producing an increased radiation level.
[Bd. of Health, Radiation Control Reg. §§ 3.2.2-3.2.2.2.3,
eff. 2-28-80]—(NAC A by R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01,
5-30-2003; A by Bd. of Health by R149-07, 1-30-2008; R185-08, 5-7-2010; R144-13,
10-13-2016)
NAC 459.186 Table of exempt concentrations. (NRS
459.201) Exempt
concentrations are:
|
Radioactive
Material
|
Column I
Curies
|
Column II
Curies
|
|
|
|
|
|
|
|
Antimony-122
|
1.0
|
0.01
|
|
|
Antimony-124
|
1.0
|
0.01
|
|
|
Antimony-125
|
1.0
|
0.01
|
|
|
Arsenic-73
|
10.0
|
0.1
|
|
|
Arsenic-74
|
1.0
|
0.01
|
|
|
Arsenic-76
|
1.0
|
0.01
|
|
|
Arsenic-77
|
10.0
|
0.1
|
|
|
Barium-131
|
10.0
|
0.1
|
|
|
Barium-140
|
1.0
|
0.01
|
|
|
Beryllium-7
|
10.0
|
0.1
|
|
|
Bismuth-210
|
0.1
|
0.001
|
|
|
Bromine-82
|
10.0
|
0.1
|
|
|
Cadmium-109
|
1.0
|
0.01
|
|
|
Cadmium-115m
|
1.0
|
0.01
|
|
|
Cadmium-115
|
10.0
|
0.1
|
|
|
Calcium-45
|
1.0
|
0.01
|
|
|
Calcium-47
|
10.0
|
0.1
|
|
|
Carbon-14
|
100.0
|
1.0
|
|
|
Cerium-141
|
10.0
|
0.1
|
|
|
Cerium-143
|
10.0
|
0.1
|
|
|
Cerium-144
|
0.1
|
0.001
|
|
|
Cesium-131
|
100.0
|
1.0
|
|
|
Cesium-134m
|
100.0
|
1.0
|
|
|
Cesium-134
|
0.1
|
0.001
|
|
|
Cesium-135
|
1.0
|
0.01
|
|
|
Cesium-136
|
10.0
|
0.1
|
|
|
Cesium-137
|
0.1
|
0.001
|
|
|
Chlorine-36
|
1.0
|
0.01
|
|
|
Chlorine-38
|
100.0
|
1.0
|
|
|
Chromium-51
|
100.0
|
1.0
|
|
|
Cobalt-57
|
10.0
|
0.1
|
|
|
Cobalt-58m
|
100.0
|
1.0
|
|
|
Cobalt-58
|
1.0
|
0.01
|
|
|
Cobalt-60
|
0.1
|
0.001
|
|
|
Copper-64
|
10.0
|
0.1
|
|
|
Dysprosium-165
|
100.0
|
1.0
|
|
|
Dysprosium-166
|
10.0
|
0.1
|
|
|
Erbium-169
|
10.0
|
0.1
|
|
|
Erbium-171
|
10.0
|
0.1
|
|
|
Europium-152 (9.2 h)
|
10.0
|
0.1
|
|
|
Europium-152 (13 y)
|
0.1
|
0.001
|
|
|
Europium-154
|
0.1
|
0.001
|
|
|
Europium-155
|
1.0
|
0.01
|
|
|
Fluorine-18
|
100.0
|
1.0
|
|
|
Gadolinium-153
|
1.0
|
0.01
|
|
|
Gadolinium-159
|
10.0
|
0.1
|
|
|
Gallium-72
|
10.0
|
0.1
|
|
|
Germanium-71
|
100.0
|
1.0
|
|
|
Gold-198
|
10.0
|
0.1
|
|
|
Gold-199
|
10.0
|
0.1
|
|
|
Hafnium-181
|
1.0
|
0.01
|
|
|
Holmium-166
|
10.0
|
0.1
|
|
|
Hydrogen-3
|
100.0
|
1.0
|
|
|
Indium-113m
|
100.0
|
1.0
|
|
|
Indium-114m
|
1.0
|
0.01
|
|
|
Indium-115m
|
100.0
|
1.0
|
|
|
Indium-115
|
1.0
|
0.01
|
|
|
Iodine-125
|
0.1
|
0.001
|
|
|
Iodine-126
|
0.1
|
0.001
|
|
|
Iodine-129
|
0.1
|
0.01
|
|
|
Iodine-131
|
0.1
|
0.001
|
|
|
Iodine-132
|
10.0
|
0.1
|
|
|
Iodine-133
|
1.0
|
0.01
|
|
|
Iodine-134
|
10.0
|
0.1
|
|
|
Iodine-135
|
1.0
|
0.01
|
|
|
Iridium-192
|
1.0
|
0.01
|
|
|
Iridium-194
|
10.0
|
0.1
|
|
|
Iron-55
|
10.0
|
0.1
|
|
|
Iron-59
|
1.0
|
0.01
|
|
|
Krypton-85
|
100.0
|
1.0
|
|
|
Krypton-87
|
10.0
|
0.1
|
|
|
Lanthanum-140
|
1.0
|
0.01
|
|
|
Lutetium-177
|
10.0
|
0.1
|
|
|
Manganese-52
|
1.0
|
0.01
|
|
|
Manganese-54
|
1.0
|
0.01
|
|
|
Manganese-56
|
10.0
|
0.1
|
|
|
Mercury-197m
|
10.0
|
0.1
|
|
|
Mercury-197
|
10.0
|
0.1
|
|
|
Mercury-203
|
1.0
|
0.01
|
|
|
Molybdenum-99
|
10.0
|
0.1
|
|
|
Neodymium-147
|
10.0
|
0.1
|
|
|
Neodymium-149
|
10.0
|
0.1
|
|
|
Nickel-59
|
10.0
|
0.1
|
|
|
Nickel-63
|
1.0
|
0.01
|
|
|
Nickel-65
|
10.0
|
0.1
|
|
|
Niobium-93m
|
1.0
|
0.01
|
|
|
Niobium-95
|
1.0
|
0.01
|
|
|
Niobium-97
|
100.0
|
1.0
|
|
|
Osmium-185
|
1.0
|
0.01
|
|
|
Osmium-191m
|
100.0
|
1.0
|
|
|
Osmium-191
|
10.0
|
0.1
|
|
|
Osmium-193
|
10.0
|
0.1
|
|
|
Palladium-103
|
10.0
|
0.1
|
|
|
Palladium-109
|
10.0
|
0.1
|
|
|
Phosphorus-32
|
1.0
|
0.01
|
|
|
Platinum-191
|
10.0
|
0.1
|
|
|
Platinum-193m
|
100.0
|
1.0
|
|
|
Platinum-193
|
10.0
|
0.1
|
|
|
Platinum-197m
|
100.0
|
1.0
|
|
|
Platinum-197
|
10.0
|
0.1
|
|
|
Polonium-210
|
0.01
|
0.0001
|
|
|
Potassium-42
|
1.0
|
0.01
|
|
|
Praseodymium-142
|
10.0
|
0.1
|
|
|
Praseodymium-143
|
10.0
|
0.1
|
|
|
Promethium-147
|
1.0
|
0.01
|
|
|
Promethium-149
|
10.0
|
0.1
|
|
|
Radium-226
|
0.01
|
0.0001
|
|
|
Rhenium-186
|
10.0
|
0.1
|
|
|
Rhenium-188
|
10.0
|
0.1
|
|
|
Rhodium-103m
|
1,000.0
|
10.0
|
|
|
Rhodium-105
|
10.0
|
0.1
|
|
|
Rubidium-86
|
1.0
|
0.01
|
|
|
Rubidium-87
|
1.0
|
0.01
|
|
|
Ruthenium-97
|
100.0
|
1.0
|
|
|
Ruthenium-103
|
1.0
|
0.01
|
|
|
Ruthenium-105
|
10.0
|
0.1
|
|
|
Ruthenium-106
|
0.1
|
0.001
|
|
|
Samarium-151
|
1.0
|
0.01
|
|
|
Samarium-153
|
10.0
|
0.1
|
|
|
Scandium-46
|
1.0
|
0.01
|
|
|
Scandium-47
|
10.0
|
0.1
|
|
|
Scandium-48
|
1.0
|
0.01
|
|
|
Selenium-75
|
1.0
|
0.01
|
|
|
Silicon-31
|
10.0
|
0.1
|
|
|
Silver-105
|
1.0
|
0.01
|
|
|
Silver-110m
|
0.1
|
0.001
|
|
|
Silver-111
|
10.0
|
0.1
|
|
|
Sodium-22
|
0.1
|
0.001
|
|
|
Sodium-24
|
1.0
|
0.01
|
|
|
Strontium-85m
|
1,000.0
|
10.0
|
|
|
Strontium-85
|
1.0
|
0.01
|
|
|
Strontium-89
|
1.0
|
0.01
|
|
|
Strontium-90
|
0.01
|
0.0001
|
|
|
Strontium-91
|
10.0
|
0.1
|
|
|
Strontium-92
|
10.0
|
0.1
|
|
|
Sulphur-35
|
10.0
|
0.1
|
|
|
Tantalum-182
|
1.0
|
0.01
|
|
|
Technetium-96
|
10.0
|
0.1
|
|
|
Technetium-97m
|
10.0
|
0.1
|
|
|
Technetium-97
|
10.0
|
0.1
|
|
|
Technetium-99m
|
100.0
|
1.0
|
|
|
Technetium-99
|
1.0
|
0.01
|
|
|
Tellurium-125m
|
1.0
|
0.01
|
|
|
Tellurium-127m
|
1.0
|
0.01
|
|
|
Tellurium-127
|
10.0
|
0.1
|
|
|
Tellurium-129m
|
1.0
|
0.01
|
|
|
Tellurium-129
|
100.0
|
1.0
|
|
|
Tellurium-131m
|
10.0
|
0.1
|
|
|
Tellurium-132
|
1.0
|
0.01
|
|
|
Terbium-160
|
1.0
|
0.01
|
|
|
Thallium-200
|
10.0
|
0.1
|
|
|
Thallium-201
|
10.0
|
0.1
|
|
|
Thallium-202
|
10.0
|
0.1
|
|
|
Thallium-204
|
1.0
|
0.01
|
|
|
Thulium-170
|
1.0
|
0.01
|
|
|
Thulium-171
|
1.0
|
0.01
|
|
|
Tin-113
|
1.0
|
0.01
|
|
|
Tin-125
|
1.0
|
0.01
|
|
|
Tungsten-181
|
1.0
|
0.01
|
|
|
Tungsten-185
|
1.0
|
0.01
|
|
|
Tungsten-187
|
10.0
|
0.1
|
|
|
Vanadium-48
|
1.0
|
0.01
|
|
|
Xenon-131m
|
1,000.0
|
10.0
|
|
|
Xenon-133
|
100.0
|
1.0
|
|
|
Xenon-135
|
100.0
|
1.0
|
|
|
Ytterbium-175
|
10.0
|
0.1
|
|
|
Yttrium-90
|
1.0
|
0.01
|
|
|
Yttrium-91
|
1.0
|
0.01
|
|
|
Yttrium-92
|
10.0
|
0.1
|
|
|
Yttrium-93
|
1.0
|
0.01
|
|
|
Zinc-65
|
1.0
|
0.01
|
|
|
Zinc-69m
|
10.0
|
0.1
|
|
|
Zinc-69
|
100.0
|
1.0
|
|
|
Zirconium-93
|
1.0
|
0.01
|
|
|
Zirconium-95
|
1.0
|
0.01
|
|
|
Zirconium-97
|
1.0
|
0.01
|
|
|
Any
radioactive material other than source material, special nuclear material, or
alpha-emitting radioactive material not listed above
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0.1
|
0.001
|
|
[Bd. of Health, Radiation Control Reg. Art. 3, Appendix
C, eff. 2-28-80]—(NAC A by R185-08, 5-7-2010)
NAC 459.268 Broad licenses: Application for type A specific license of broad
scope. (NRS
459.201) An
application for a type A specific license of broad scope will be approved if:
1. The applicant satisfies the general
requirements specified in NAC 459.238;
2. The applicant has engaged in a reasonable
number of activities involving the use of radioactive material;
3. The applicant has established
administrative controls and provisions relating to organization and management,
procedures, recordkeeping, material control and accounting, and management
review that are necessary to ensure safe operations, including:
(a) The establishment of a radiation safety
committee composed of such persons as a radiation safety officer, a
representative of management and persons trained and experienced in the safe
use of radioactive material;
(b) The appointment of a radiation safety officer
who:
(1) Is qualified by training and experience in
radiation protection pursuant to the requirements set forth in NAC 459.315;
(2) In accordance with NAC 459.197, is required to implement and
oversee a radiation safety program concerning the type A specific license;
(3) Has full access to all activities pursuant
to the license involving the use of radioactive material and the authority to
terminate any activity relating to the license if such activity is deemed
necessary to protect health and minimize danger to public health and safety
without consulting the management of the applicant or the radiation safety
committee; and
(4) Is available for advice and assistance on
radiation safety matters; and
(c) The establishment of appropriate administrative
procedures to ensure:
(1) Control of procurement and use of
radioactive material;
(2) Completion of safety evaluations of proposed
uses of radioactive material which take into consideration matters such as the
adequacy of facilities and equipment, training and experience of the user, and
the operating or handling procedures; and
(3) Review, approval and recording by the
radiation safety committee of safety evaluations of proposed uses prepared in
accordance with subparagraph (2) prior to use of the radioactive material; and
4. The applicant has submitted a document
signed by the management of the applicant which delegates authority from the
management to the radiation safety officer.
[Bd. of Health, Radiation Control Reg. §§ 3.5.4.2-3.5.4.2.3.3.3,
eff. 2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.270 Broad licenses: Application for type B specific license of broad
scope. (NRS
459.201) An
application for a type B specific license of broad scope will be approved if:
1. The applicant satisfies the general
requirements specified in NAC 459.238;
2. The applicant has established
administrative controls and provisions relating to organization and management,
procedures, recordkeeping, material control and accounting and management
review that are necessary to ensure safe operations, including:
(a) The appointment of a radiation safety officer
who:
(1) Is qualified because of training and
experience in radiation protection pursuant to the requirements set forth in NAC 459.3151;
(2) In accordance with NAC 459.197, is required to implement and
oversee a radiation safety program concerning the type B specific license;
(3) Has full access to all activities pursuant
to the license involving the use of radioactive material and the authority to
terminate any activity relating to the license if such activity is deemed
necessary to protect health and minimize danger to public health and safety
without consulting the management of the applicant; and
(4) Is available for advice and assistance on
radiation safety matters; and
(b) The establishment of appropriate administrative
procedures to ensure:
(1) Control of procurement and use of
radioactive material;
(2) Completion of safety evaluations of
proposed uses of radioactive material which take into consideration such
matters as the adequacy of facilities and equipment, training and experience of
the user, and the operating or handling procedures; and
(3) Review, approval and recording by the
radiation safety officer of safety evaluation of proposed uses prepared in
accordance with subparagraph (2) prior to the use of the radioactive material;
and
3. The applicant has submitted a document
signed by the management of the applicant which delegates authority from the
management to the radiation safety officer.
[Bd. of Health,
Radiation Control Reg. §§ 3.5.4.3-3.5.4.3.2.2.3, eff. 2-28-80]—(NAC A by R144-13,
10-13-2016)
NAC 459.272 Broad licenses: Application for type C specific license of broad
scope. (NRS
459.201)
1. An application for a type C specific
license of broad scope will be approved if:
(a) The applicant satisfies the general
requirements specified in NAC 459.238;
(b) The applicant submits a statement that
radioactive material will be used only by, or under the direct supervision of,
persons who have received:
(1) A college degree at the bachelor level or
equivalent training and experience in the physical or biological sciences or in
engineering; and
(2) At least 40 hours of training and
experience in the safe handling of radioactive material, the characteristics of
ionizing radiation, units of radiation dose and quantities, radiation detection
instrumentation and biological hazards of exposure to radiation appropriate to
the type and forms of radioactive material to be used; and
(c) The applicant has established administrative
controls and provisions relating to procurement of radioactive material,
procedures, recordkeeping, material control and accounting and management
review necessary to ensure safe operations.
2. The applicant may appoint a radiation
safety officer to implement and oversee a radiation safety program and to
fulfill the duties set forth in paragraph (c) of subsection 1. If a radiation
safety officer is so appointed, the radiation safety officer may delegate certain
duties associated with managing the radiation safety program, but the radiation
safety officer is ultimately responsible for the completion of those duties.
[Bd. of Health,
Radiation Control Reg. §§ 3.5.4.4-3.5.4.4.3, eff. 2-28-80]—(NAC A by R144-13,
10-13-2016)
NAC 459.274 Broad licenses: Conditions of license. (NRS 459.030, 459.201) Specific
licenses of broad scope are subject to the following conditions:
1. Unless specifically authorized, persons
licensed pursuant to NAC 459.262 may
not:
(a) Conduct tracer studies in the environment
involving direct release of radioactive material;
(b) Receive, acquire, own, possess, use or transfer
devices containing 100,000 curies or more of radioactive material in sealed
sources used for irradiation of materials;
(c) Conduct activities for which a specific license
issued by the Division under NAC 459.280
to 459.307, inclusive, is required; or
(d) Add or cause the addition of radioactive
material to any food, beverage, cosmetic, drug or other product designed for
ingestion or inhalation by, or application to, a human being.
2. Each type A specific license of broad
scope issued under NAC 459.180 to 459.274, inclusive, will be subject to the
condition that radioactive material possessed under the license may only be
used by, or under the direct supervision of, persons approved by the radiation
safety committee of the licensee.
3. Each type B specific license of broad
scope issued pursuant to NAC 459.262 to 459.274, inclusive, is subject to the
condition that radioactive material possessed under the license may only be
used by, or under the direct supervision of, persons approved by the radiation
safety officer of the licensee.
4. Each type C specific license of broad
scope issued pursuant to NAC 459.262 to 459.274, inclusive, is subject to the
condition that radioactive material possessed under the license may only be used
by, or under the direct supervision of, persons who satisfy the requirements of
NAC 459.272.
[Bd. of Health,
Radiation Control Reg. §§ 3.5.4.5-3.5.4.5.4, eff. 2-28-80]—(NAC 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; R144-13, 10-13-2016)
NAC 459.280 Specific licenses: Incorporation of naturally occurring or
accelerator-produced radioactive material into gas and aerosol detectors. (NRS 459.030, 459.201) An
application for a specific license authorizing the incorporation of a naturally
occurring or accelerator-produced radioactive material, other than source or
by-product material, into gas and aerosol detectors to be distributed to
persons exempt under NAC 459.192 will be
approved if:
1. The application satisfies requirements
equivalent to those contained in 10 C.F.R. § 32.26 of the regulations of the
Nuclear Regulatory Commission; and
2. The amount of radium-226 to be
incorporated in each device does not exceed 0.1 microcurie (3.7 kilobecquerels).
[Bd. of Health, Radiation Control Reg. § 3.5.5.3, eff.
2-28-80]—(NAC A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of
Health by R085-06, 11-13-2006)
NAC 459.282 Specific licenses: Manufacture or distribution of devices. (NRS 459.201) An application for a
specific license to manufacture or distribute devices containing radioactive
material, excluding special nuclear material, to persons generally licensed
under NAC 459.216 or equivalent
regulations of the Nuclear Regulatory Commission or an agreement state will be
approved if:
1. The applicant satisfies the general
requirements of NAC 459.238.
2. The applicant submits sufficient
information relating to the design, manufacture, prototype testing, quality
control, labels, proposed uses, installation, servicing, leak testing, operating
and safety instructions and potential hazards of the device to provide
reasonable assurance that:
(a) The device can be safely operated by persons
not having training in radiological protection;
(b) Under ordinary conditions of handling, storage
and use of the device, the radioactive material contained in the device will
not be released or inadvertently removed from the device, and it is unlikely
that any person will receive in any period of 1 year a dose in excess of 10
percent of the limits specified in NAC
459.325; and
(c) In an accident such as fire or explosion,
associated with handling, storage and use of the device, it is unlikely that
any person would receive an external radiation dose or dose commitment in
excess of the following organ doses:
(1) Whole body,
head and trunk, active blood-forming organs, gonads or lens of eye 15 rems
(2) Hands and
forearms, feet and ankles, localized areas of skin averaged over areas not
larger than 1 square centimeter..................................................................................... 200
rems
(3) Other organs.......................................................................................................... 50
rems
3. Each device bears a durable, legible,
clearly visible label or labels approved by the Division which contain in a
clearly identified and separate statement:
(a) Instructions and precautions necessary to
assure safe installation, operation and maintenance of the device. Documents
such as operating and service manuals may be identified in the label and used
to provide this information.
(b) The requirement, or lack of requirement, for
leak testing, or for testing any on-and-off mechanism and indicator, including
the maximum time interval for such testing, and the identification of
radioactive material by isotope, quantity of radioactivity and date of
determination of the quantity.
(c) The information called for in the following
statement, in the same or substantially similar form:
The receipt, possession, use and
transfer of this device model, serial number, are subject to a general license
or the equivalent and the regulations of the Nuclear Regulatory Commission or a
state with which the Nuclear Regulatory Commission has entered into an
agreement for the exercises of regulatory authority. This label must be
maintained on the device in a legible condition. Removal of this label is
prohibited.
CAUTION
- RADIOACTIVE MATERIAL
.............................................................................................................................
(Name
of manufacturer or distributor)
(d) The model, serial number and name of the
manufacturer or distributor may be omitted from the label required by this
subsection if the information is specified elsewhere and labeling is affixed to
the device.
4. Each device that has a separable source
housing that provides primary shielding for the source also bears, on the
source housing, a durable label listing the model number and serial number of
the device, the isotope and quantity, the radiation symbol described in NAC 459.355, the words “CAUTION -
RADIOACTIVE MATERIAL” and the name of the manufacturer or initial distributor
of the device.
5. Each device described in paragraph (a) of
subsection 13 of NAC 459.218 bears a
permanent label, including, without limitation, an embossed, etched, engraved
or a stamped label, affixed to the source housing if separable or to the device
if the source housing is not separable, which contains the words “CAUTION -
RADIOACTIVE MATERIAL” and the radiation symbol described in NAC 459.355, if practicable.
6. The device has been registered in the
Sealed Source and Device Registry maintained by the Nuclear Regulatory
Commission.
[Bd. of Health,
Radiation Control Reg. §§ 3.5.5.4-3.5.5.4.1.3.3.1, eff. 2-28-80]—(NAC A 1-18-94;
R085-06, 11-13-2006; R185-08, 5-7-2010; R144-13, 10-13-2016)
NAC 459.286 Information required for manufacture and distribution of devices. (NRS 459.201) If the applicant desires
that the general licensee under NAC 459.216
or under equivalent regulations of the Nuclear Regulatory Commission or an
agreement state be authorized to install the device, collect the sample to be
analyzed by a specific licensee for leakage or radioactive material, perform
service upon the device, test the on-and-off mechanism and indicator or remove
the device from installation, the applicant shall include in his or her
application written instructions to be followed by the general licensee,
estimated calendar quarter doses associated with such activity or activities
and bases for such estimates. The submitted information must demonstrate that
performance of the activity by a person untrained in radiological protection,
in addition to other handling, storage and use of devices under the general
licensee, is unlikely to cause that person to receive in 1 year a dose in
excess of 10 percent of the limits specified in NAC 459.325.
[Bd. of Health, Radiation Control Reg. § 3.5.5.4.3,
eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.287 Manufacturer or distributor of devices: Provision of record of
final disposition of bankruptcy proceeding. (NRS
459.201) If
a person licensed pursuant to NAC 459.282
is required to provide notice of a bankruptcy proceeding pursuant to subsection
4 of NAC 459.198, the licensee shall,
upon request of the Division, the Nuclear Regulatory Commission or the
equivalent agency of an agreement state, provide a record of the final
disposition of the bankruptcy proceeding to the requesting agency.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006;
A by R144-13, 10-13-2016)
NAC 459.288 Distribution of devices. (NRS
459.201) Each
person licensed under NAC 459.282 to
distribute devices to generally licensed persons shall:
1. Furnish a copy of the general license
contained in NAC 459.216 to each person
to whom he or she directly or through an intermediate person transfers
radioactive material in a device for use pursuant to the general license
contained in NAC 459.216.
2. Furnish a copy of the general license
contained in the Nuclear Regulatory Commission’s or agreement state’s
regulation equivalent to NAC 459.216, or
alternatively, furnish a copy of the general license contained in NAC 459.216 to each person to whom he or
she directly or through an intermediate person transfers radioactive material
in a device for use pursuant to the general license of the Nuclear Regulatory
Commission or the agreement state. If a copy of the general license in NAC 459.216 is furnished to such a person,
it must be accompanied by a note explaining that the use of the device is
regulated by the Nuclear Regulatory Commission or an agreement state under
requirements substantially the same as those in NAC 459.216.
3. Report to the Division all transfers of
devices to persons for use under the general license in NAC 459.216. The report must identify each
general licensee by name and address; a person by name and position who may
constitute a point of contact between the Division and the general licensee;
the type and model number of device transferred; and the quantity and type of
radioactive material contained in the device. If one or more intermediate persons
will temporarily possess the device at the intended place of use prior to its
possession by the user, the report must include identification of each
intermediate person by name, address, contact and relationship to the intended
user. If no transfers have been made to the persons generally licensed under NAC 459.216 during the reporting period,
the report must so indicate. The report must cover each calendar quarter and be
filed within 30 days thereafter.
4. Reports to other agencies, for example:
(a) Report to the Nuclear Regulatory Commission all
transfers of devices for use under the Nuclear Regulatory Commission general
license in 10 C.F.R. § 31.5.
(b) Report to the responsible agreement state
agency all transfers of devices for use under a general license in that
agreements state’s regulations equivalent to NAC
459.216.
(c) The reports must identify each general licensee
by name and address; a person by name and position who may constitute a point
of contact between the agency and the general licensee; the type and model of
the device transferred; and the quantity and type of radioactive material
contained in the device. If one or more intermediate persons will temporarily
possess the device at the intended place of use prior to its possession by the
user, the report must include identification of each intermediate person by
name, address, contact and relationship to the intended user. The report must
be submitted within 30 days after the end of each calendar quarter in which
such a device is transferred to the generally licensed person.
(d) If no transfers have been made to Nuclear
Regulatory Commission licensees during the reporting period, this information
must be reported to the Nuclear Regulatory Commission.
(e) If no transfers have been made to a particular
agreement state during the reporting period, this information must be reported
to the responsible agreement state agency upon request of the agency.
5. Keep records showing the name, address
and the point of contact for each general licensee to whom he or she directly
or through an intermediate person transfers radioactive material in devices for
use pursuant to the general license provided in NAC 459.216 or equivalent regulations to
the Nuclear Regulatory Commission or an agreement state. The records must show
the date of each transfer, the radionuclide and the quantity of radioactivity
in each device transferred, the identity of any intermediate person and
compliance with the report requirements of this section.
[Bd. of Health, Radiation Control Reg. §§ 3.5.5.4.4-3.5.5.4.4.5,
eff. 2-28-80]
NAC 459.289 Report of transfer of device to or receipt of device from person
who has general license issued by State. (NRS
459.201)
1. A person who is licensed pursuant to NAC 459.282 to transfer devices containing
radioactive material initially to a person who has been issued a general
license pursuant to NAC 459.216 or who
received such a device from a person who has been issued a general license
pursuant to NAC 459.216 shall, in
accordance with the provisions of NAC
459.134, report to the Division each such transfer and receipt of devices
containing radioactive material.
2. The report required pursuant to
subsection 1 must:
(a) Cover each calendar quarter;
(b) Be filed within 30 days after each calendar
quarter;
(c) Clearly indicate the calendar quarter covered
by the report;
(d) Clearly identify the licensee submitting the
report and include the license number of the licensee;
(e) If the person making the report transferred a
device containing radioactive material to a general licensee, be submitted on
Nuclear Regulatory Commission Form 653, Transfers of Industrial Devices Report
(To General Licensees), or in a clear and legible report containing all the
data required on Form 653, including, without limitation:
(1) The identity of each general licensee who
received such a device, by name and mailing address for the location of use of
the device or, if there is no mailing address for the location of use, an
alternate address for the general licensee and a description of the location of
use;
(2) The name, title and telephone number of
the person identified by the general licensee as having knowledge of and
authority to take required actions to ensure compliance with the appropriate
regulations and requirements;
(3) The date of the transfer;
(4) The type, model number and serial number
of the device transferred; and
(5) The quantity and type of radioactive
material contained in the device transferred;
(f) If one or more intermediate persons will
temporarily possess the device at the intended place of use before the intended
user takes possession of the device, include the information required in this
subsection for each intermediate person and must clearly designate each
intermediate person;
(g) If the person making the report received a
device containing radioactive material from a general licensee, include,
without limitation:
(1) The name and address of the general
licensee;
(2) The type, model number and serial number
of the device received;
(3) The date of receipt; and
(4) In the case of devices not initially
transferred by the person required to make the report, the name of the
manufacturer or initial transferor of the device; and
(h) If, during the calendar quarter, no transfers
have been made to or from a general licensee who is licensed pursuant to NAC 459.216, indicate that no transfers
were made during the calendar quarter.
3. If a person required to make a report
pursuant to this section makes a change to a device possessed by a general
licensee who is licensed pursuant to NAC
459.216, such that the label must be changed to update required
information, the report described in subsection 2, in addition to all other
requirements of this section, must:
(a) Identify, by name and address, the general
licensee and the person who possesses the device;
(b) Identify the device by type, model number and
serial number; and
(c) Note the changes to the information on the
label of the device.
4. A person required to make a report
pursuant to this section shall maintain all information concerning transfers
and receipts of devices containing radioactive material that supports the
report for at least 3 years following the date of the recorded event.
5. If a license of a person required to make
a report pursuant to this section is to be terminated for any reason, the
licensee shall, upon request, provide the information described in subsection 4
to the Division.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.2895 Report of transfer of device to or receipt of device from person
who has general license issued by Nuclear Regulatory Commission or agreement
state. (NRS
459.201)
1. A person who is licensed pursuant to NAC 459.282 to transfer devices containing
radioactive material initially to a person who has been issued a general
license by the Nuclear Regulatory Commission or an agreement state or who
received such a device from a person who has been issued a general license by
the Nuclear Regulatory Commission or an agreement state shall report those
transfers and receipts of devices containing radioactive material to the Nuclear
Regulatory Commission or appropriate regulatory agency of the agreement state.
2. The report required pursuant to
subsection 1 must:
(a) Cover each calendar quarter;
(b) Be filed within 30 days after each calendar
quarter;
(c) Clearly indicate the calendar quarter covered
by the report;
(d) Clearly identify the licensee submitting the
report and include the license number of the licensee;
(e) If the person making the report transferred a
device containing radioactive material to a general licensee, be submitted on
Nuclear Regulatory Commission Form 653, Transfers of Industrial Devices Report
(To General Licensee), or in a clear and legible report containing all the data
required by Form 653, including, without limitation:
(1) The identity of each general licensee who
holds a general license issued by the Nuclear Regulatory Commission or an
agreement state and who received such a device, by name and mailing address for
the location of use or, if there is no mailing address for the location of use,
an alternate address for the general licensee and a description of the location
of use;
(2) The name, title and telephone number of
the person identified by the general licensee as having knowledge of and
authority to take required actions to ensure compliance with the appropriate
regulations and requirements;
(3) The date of the transfer;
(4) The type, model number and serial number
of the device transferred; and
(5) The quantity and type of radioactive
material contained in the device transferred;
(f) If one or more intermediate persons will
temporarily possess the device at the intended place of use before the intended
user takes possession of the device, include the information required in this
subsection for each intermediate person and must clearly designate each
intermediate person;
(g) If the person making the report received a device
containing radioactive material from a general licensee, include:
(1) The name and address of the general
licensee;
(2) The type, model number and serial number
of the device received;
(3) The date of receipt; and
(4) In the case of devices not initially
transferred by the person required to make the report, the name of the
manufacturer or initial transferor of the device; and
(h) If, during the calendar quarter, no transfers
have been made to or from a general licensee who is licensed by the Nuclear
Regulatory Commission or an agreement state, upon request from the Nuclear
Regulatory Commission or agreement state, indicate that no transfers were made
during the calendar quarter.
3. If a person required to make a report
pursuant to this section makes a change to a device possessed by a person who
holds a general license issued by the Nuclear Regulatory Commission or an
agreement state, such that the label must be changed to update required
information, the report described in subsection 2, in addition to all other
requirements of this section, must:
(a) Identify, by name and address, the general
licensee and the person who possesses the device;
(b) Identify the device by type, model number and
serial number; and
(c) Note the changes to the information on the
label of the device.
4. A person required to make a report
pursuant to this section shall maintain all information concerning transfers
and receipts of devices containing radioactive material that supports the
report for at least 3 years following the date of the recorded event.
5. If a license of a person required to make
a report pursuant to this section is to be terminated for any reason, the
licensee shall, upon request, provide the information described in subsection 4
to the Nuclear Regulatory Commission or the equivalent agency of an agreement
state.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006)
NAC 459.290 Specific licenses: Manufacture, assembly or repair of luminous
safety devices for use in aircraft. (NRS
459.201) An
application for a specific license to manufacture, assemble or repair luminous
safety devices containing tritium or promethium 147 for use in aircraft, for
distribution to persons generally licensed under NAC 459.220, will be approved subject to
the following conditions:
1. The applicant satisfies the general
requirements specified in NAC 459.238;
and
2. The applicant satisfies the requirements
of 10 C.F.R. §§ 32.53 to 32.56, inclusive, or their equivalent.
[Bd. of Health, Radiation Control Reg. §§ 3.5.5.5-3.5.5.5.2,
eff. 2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.292 Specific licenses: Manufacture of calibration and reference
sources. (NRS
459.201) An
application for a specific license to manufacture calibration and reference
sources containing americium-241, plutonium or radium-226 to persons generally
licensed under NAC 459.224 will be
approved subject to the following conditions:
1. The applicant satisfies the general
requirement of NAC 459.238; and
2. The applicant satisfies the requirements
of 10 C.F.R. §§ 32.57 to 32.59, inclusive, and 10 C.F.R. § 70.39 or their
equivalent.
[Bd. of Health, Radiation Control Reg. §§ 3.5.5.6-3.5.5.6.2,
eff. 2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.2923 Specific licenses: Manufacture or initial transfer of calibration
or reference sources. (NRS
459.201)
1. An application for a specific license to
manufacture or initially transfer calibration or reference sources which
contain americium-241 or radium-226 for distribution to a person who holds a
general license issued pursuant to NAC
459.224 will be approved:
(a) If the applicant satisfies the general
requirements of NAC 459.238;
(b) If the applicant submits sufficient information
regarding each type of calibration or reference source relating to the
evaluation of the potential radiation exposure, including, without limitation:
(1) The chemical and physical form of the
source and maximum quantity of americium-241 or radium-226 in the source;
(2) The details of construction and design of
the source;
(3) The details of the method of incorporation
and binding of the americium-241 or radium-226 in the source;
(4) The procedure for and results of a
prototype testing of a source designed to contain more than 0.005 microcurie
(185 becquerels) of americium-241 or radium-226 in order to demonstrate that
the americium-241 or radium-226 contained in each source will not be released
or removed from the source under normal conditions of use;
(5) The details of quality control procedures
which will be followed in the manufacture of the source;
(6) A description of the labeling to be
affixed to the source or the storage container for the source; and
(7) Any additional information, including
experimental studies and tests, required by the Division to facilitate a
determination of the safety of the source;
(c) If each source contains not more than 5
microcuries (185 kilobecquerels) of americium-241 or radium-226; and
(d) If the Division determines, for any source
which contains more than 0.005 microcurie (185 becquerels) of americium-241 or
radium-226 that:
(1) The method of incorporation and binding of
the americium-241 or radium-226 in the source is such that the americium-241 or
radium-226 will not be released or removed from the source under normal
conditions of use and handling of the source; and
(2) The source has been subjected to, and has
passed in a satisfactory manner, the appropriate tests required by subsection
2.
2. The applicant shall subject at least five
prototypes of each source that is designed to contain more than 0.185
kilobecquerel (0.005 microcurie) of americium-241 or radium-226 to the
following tests:
(a) The initial quantity of radioactive material
deposited on each source is measured by direct counting of the source.
(b) The sources are subjected to tests that
adequately take into account the individual, aggregate and cumulative effects
of environmental conditions expected in service that could adversely affect the
effective containment or binding of americium-241 or radium-226, such as
physical handling, moisture and water immersion.
(c) The sources are inspected for evidence of
physical damage and for loss of americium-241 or radium-226, after each stage
of testing, using methods of inspection adequate for determining compliance
with the criteria in paragraph (d).
(d) Source designs are rejected for which the
following has been detected for any unit: Removal of more than 0.185
kilobecquerel (0.005 microcurie) of americium-241 or radium-226 from the source
or any other evidence of physical damage.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010;
A by R144-13, 10-13-2016)
NAC 459.2927 Specific licenses: Holder of license issued pursuant to NAC 459.2923
to perform dry wipe test before transferring source. (NRS 459.201)
1. Before transferring a source containing
more than 0.1 microcurie (3.7 kilobecquerels) of americium-241 or radium-226 to
a person who holds a general license issued pursuant to NAC 459.224, a person who holds a specific
license issued pursuant to NAC 459.2923
shall perform a dry wipe test on the source. The test must be performed by
wiping with moderate pressure the entire radioactive surface of the source with
a filter paper.
2. The radioactivity of the filter paper
after the dry wipe test must be measured by a radiation detection instrument
which is capable of detecting 0.005 microcurie (185 becquerels) of
americium-241 or radium-226.
3. If the test discloses more than 0.005 microcurie
(185 becquerels) of radioactive material, the source shall be deemed to be
leaking americium-241 or radium-226 and the source must be rejected and must
not be transferred to a general licensee pursuant to NAC 459.224, 10 C.F.R. § 31.8 or an
equivalent regulation of an agreement state.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010;
A by R144-13, 10-13-2016)
NAC 459.296 Specific licenses: Manufacture or distribution of radioactive
material for in vitro clinical or laboratory testing. (NRS 459.201) An application for a
specific license to manufacture or distribute radioactive material for use
under the general license of NAC 459.228
will be approved if:
1. The applicant satisfies the general
requirements specified in NAC 459.238.
2. The radioactive material is to be
prepared for distribution in prepackaged units of:
(a) Iodine-125 in units not exceeding 10
microcuries each.
(b) Iodine-131 in units not exceeding 10
microcuries each.
(c) Carbon-14 in units not exceeding 10 microcuries
each.
(d) Hydrogen-3 (tritium) in units not exceeding 50
microcuries each.
(e) Iron-59 in units not exceeding 20 microcuries
each.
(f) Cobalt-57 in units not exceeding 10 microcuries
each.
(g) Selenium-75 in units not exceeding 10
microcuries each.
(h) Mock iodine-125 in units not exceeding 0.05
microcurie of iodine-129 and 0.005 microcurie of americium-241 each.
3. Each prepackaged unit bears a durable,
clearly visible label:
(a) Identifying the radioactive contents as to
chemical form and radionuclide, and indicating that the amount of radioactivity
does not exceed:
(1) Ten microcuries (0.37 megabecquerel) of
iodine-125, iodine-131, selenium-75, cobalt-57 or carbon-14;
(2) Fifty microcuries (1.85 megabecquerels) of
hydrogen-3 (tritium);
(3) Twenty microcuries (0.74 megabecquerel) of
iron-59; or
(4) For mock iodine-125, 0.05 microcurie (1.85
kilobecquerels) of iodine-129 and 0.005 microcurie (0.185 kilobecquerel) of
americium-241 each.
(b) Displaying the radiation caution symbol
described in NAC 459.355 and the words,
“CAUTION - RADIOACTIVE MATERIAL,” and “Not for Internal or External Use in
Humans or Animals.”
4. The following statement, or a
substantially similar statement which contains the information called for in
the following statement, appears on a label affixed to each prepackaged unit or
appears in leaflet or brochure which accompanies the package:
This radioactive material may be
received, acquired, possessed and used only by physicians, clinical
laboratories or hospitals and only for in vitro clinical or laboratory tests
not involving internal or external administration of the material, or the radiation
therefrom, to human beings or animals. Its receipt, acquisition, possession,
use and transfer are subject to the regulations and a general license of the
Nuclear Regulatory Commission or of a state with which the Commission has
entered into an agreement for the exercise of regulatory authority.
...................................................................................................................................
Name
of Manufacturer
5. The label affixed to the unit, or the
leaflet or brochure which accompanies the package, contains adequate
information regarding the precautions to be observed in handling and storing
such radioactive material. In the case of the mock iodine-125 reference or
calibration source, the information accompanying the source must also contain
directions to the licensee regarding the waste disposal requirements of NAC 459.3355 and 459.359 to 459.3615, inclusive.
[Bd. of Health, Radiation Control Reg. §§ 3.5.5.8-3.5.5.8.5,
eff. 2-28-80]—(NAC A 1-18-94; R185-08, 5-7-2010)
NAC 459.298 Specific licenses: Manufacture and distribution of ice detection
devices. (NRS
459.201) An
application for a specific license to manufacture and distribute ice detection
devices to persons generally licensed under NAC
459.232 will be approved subject to the following conditions:
1. The applicant satisfies the general
requirements of NAC 459.238; and
2. The criteria of 10 C.F.R. §§ 32.61 and
32.62 are met.
[Bd. of Health, Radiation Control Reg. § 3.5.5.9, eff.
2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.300 Specific licenses: Manufacture, preparation or transfer for
commercial distribution of radioactive drugs. (NRS
459.201)
1. An application for a specific license to
manufacture, prepare or transfer for commercial distribution radioactive drugs
containing radioactive material for use by persons authorized under a license
issued by the Nuclear Regulatory Commission or any other agreement state will
be approved if:
(a) The applicant satisfies the general
requirements specified in NAC 459.238;
(b) The applicant submits evidence that the
applicant is:
(1) Registered or licensed as the owner or
operator of a drug establishment that engages in the manufacture, preparation,
propagation, compounding or processing of a drug by:
(I) The United States Food and Drug
Administration pursuant to 21 C.F.R. § 207.20(a); or
(II) An agency of this State pursuant to
equivalent regulations;
(2) Licensed as a pharmacy by the State Board
of Pharmacy;
(3) Operating as a nuclear pharmacy within a
medical facility; or
(4) A positron emission tomography drug
production facility licensed by or registered with a state agency;
(c) The applicant submits information on the
radionuclide, chemical and physical form, maximum activity per vial, syringe,
generator or other container of the radioactive drug and shielding provided by
the packaging of the radioactive material to demonstrate that it is appropriate
for safe handling and storage of radioactive drugs by licensees authorized to
use radioactive material for medical use; and
(d) The applicant complies with the following
labeling requirements:
(1) A label must be affixed to each transport
radiation shield of the radioactive drug, including, without limitation,
shields made of lead, glass or plastic, to be transferred for commercial
distribution. The label must set forth or contain the radiation symbol, the
words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL,” the
name of the radioactive drug, or its abbreviation, and the quantity of
radioactivity at the time and date specified on the label. For radioactive
drugs with a half-life of more than 100 days, the time may be omitted from the
label.
(2) A label must be affixed to each syringe,
vial or other container used to hold a radioactive drug to be transferred for
commercial distribution. The label must set forth the radiation symbol, the
words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL” and an
identifier which ensures that the syringe, vial or other container can be
correlated with the information on the transport radiation shield label.
2. A licensee who is licensed as a pharmacy
by the State Board of Pharmacy or who is operating as a nuclear pharmacy within
a medical facility:
(a) May prepare a radioactive drug for medical use
if the radioactive drug is prepared by an authorized nuclear pharmacist as
specified in paragraphs (b) and (c) or a person under the supervision of an
authorized nuclear pharmacist as defined in 10 C.F.R. § 35.27.
(b) May allow a pharmacist to work as an authorized
nuclear pharmacist if the pharmacist qualifies as an authorized nuclear
pharmacist, as defined in 10 C.F.R. § 35.2, or if the pharmacist meets the
requirements of 10 C.F.R. §§ 35.55(b) and 35.59, and the licensee has received
an approved license amendment which identifies the pharmacist as an authorized
nuclear pharmacist.
(c) May designate a pharmacist as an authorized
nuclear pharmacist if the pharmacist:
(1) Was a nuclear pharmacist preparing only
radioactive drugs containing accelerator-produced radioactive material; and
(2) Practiced at a pharmacy at a government
agency or federally recognized Indian tribe before November 30, 2007, or at any
other pharmacy before August 8, 2009, or an earlier date as noticed by the
Nuclear Regulatory Commission.
(d) Shall provide to the Division:
(1) A copy of the certification by a specialty
board whose certification process has been recognized by the Nuclear Regulatory
Commission or an agreement state as provided in 10 C.F.R. § 35.55(a) with the
written attestation signed by a preceptor as required by 10 C.F.R. §
35.55(b)(2);
(2) A copy of:
(I) The Nuclear Regulatory Commission or
agreement state license;
(II) The Nuclear Regulatory Commission
master materials licensee permit; or
(III) The permit issued by a licensee or
Nuclear Regulatory Commission master materials permittee of broad scope;
(3) The authorization from a commercial
nuclear pharmacy that is authorized to list its own authorized nuclear
pharmacist or documentation which indicates that only accelerator-produced
radioactive materials were used in the practice of nuclear pharmacy at a
government agency or federally recognized Indian tribe before November 30,
2007, or at all other locations of use before August 8, 2009, or an earlier
date as noticed by the Nuclear Regulatory Commission; and
(4) A copy of the license or registration of
the pharmacy or nuclear pharmacy within 30 days after the pharmacist performs
any of the activities set forth in this subsection.
3. A licensee who prepares radioactive drugs
for medical use pursuant to this section shall:
(a) Possess and use an instrument to measure the
radioactivity of alpha-, beta- or photon-emitting radioactive drugs;
(b) Have procedures for the use of the instrument;
(c) Measure, by direct measurement or by a
combination of measurements and calculations, the amount of radioactivity in
dosages of alpha-, beta- or photon-emitting radioactive drugs before transfer
for commercial distribution;
(d) Perform tests before initial use, periodically
and following repair on each instrument for accuracy, linearity and geometry
dependence, as appropriate for the instrument, and make adjustments to the
instrument if necessary; and
(e) Check each instrument for constancy and proper
operation at the beginning of each day of use.
4. The provisions of this section do not
relieve a licensee of his or her duty to comply with any other federal, state
or local requirement governing the receipt, administration or use of drugs or
radioactive drugs.
[Bd. of Health, Radiation Control Reg. §§ 3.5.5.10-3.5.5.10.1.4.2,
eff. 2-28-80]—(NAC A 9-6-88; 11-1-95; R084-98, 1-26-99; R085-06, 11-13-2006;
R149-07, 1-30-2008; R185-08, 5-7-2010)
NAC 459.302 Specific licenses: Manufacture and distribution of generators or
reagent kits for preparing radioactive drugs. (NRS
459.201) An
application for a specific license to manufacture and distribute generators or
reagent kits containing radioactive material for preparation of radioactive
drugs by persons authorized under a license issued by the Nuclear Regulatory
Commission or any other agreement state will be approved if:
1. The applicant satisfies the general
requirements specified in NAC 459.238;
2. The applicant submits evidence that:
(a) The generator or reagent kit is to be
manufactured, labeled and packaged in accordance with the Federal Food, Drug
and Cosmetic Act or the Public Health Service Act, such as a new drug
application approved by the Food and Drug Administration, a biologic product
license issued by the Administration, or a Notice of Claimed Investigational
Exemption for a New Drug that has been accepted by the Administration; or
(b) The manufacture and distribution of the
generator or reagent kit are not subject to the Federal Food, Drug and Cosmetic
Act and Public Health Service Act;
3. The applicant submits information on the
radionuclide, chemical and physical form, packaging, including maximum activity
per package, and shielding provided by the packaging of the radioactive
material contained in the generator or reagent kit;
4. The label affixed to the generator or
reagent kit contains information on the radionuclide, quantity and date of
assay; and
5. The label affixed to the generator or
reagent kit, or the leaflet or brochure which accompanies the generator or
reagent kit, contains:
(a) Adequate information from a radiation safety
standpoint on the procedures to be followed and the equipment and shielding to
be used in eluting the generator or processing radioactive material with the
reagent kit; and
(b) A statement that this generator or reagent kit
is approved for use by persons licensed by the Nuclear Regulatory Commission or
an agreement state. The labels, leaflets or brochures required by this
paragraph are in addition to the labeling required by the Administration, and
they may be separate from or, with the approval of the Administration, may be
combined with the labeling required by the Administration.
[Bd. of Health, Radiation Control Reg. §§ 3.5.5.11-3.5.5.11.1.5.2,
eff. 2-28-80]—(NAC A 9-6-88; 11-1-95; R085-06, 11-13-2006; R149-07, 1-30-2008)
NAC 459.304 Manufacture and distribution of reagent kits not containing
radioactive material. (NRS
459.201) Although
the Division does not regulate the manufacture and distribution of reagent kits
that do not contain radioactive material, it does regulate the use of such
reagent kits for the preparation of radioactive drugs containing radioactive
material as part of its licensing and regulation of the users of radioactive
material. Any resident manufacturer of reagent kits not containing radioactive
material who desires to have his or her reagent kits approved by the Division
may submit the pertinent information specified in NAC 459.302.
[Bd. of Health, Radiation Control Reg. §
3.5.5.11.1.5.2, Note, eff. 2-28-80]—(NAC A 9-6-88; 11-1-95; R085-06, 11-13-2006;
R149-07, 1-30-2008)
NAC 459.306 Specific licenses: Manufacture and distribution of sources and
devices for medical use. (NRS
459.201) An
application for a specific license to manufacture and distribute sources and
devices containing radioactive material to persons licensed pursuant to 10
C.F.R. Part 35 or equivalent regulations of an agreement state, for use as a
calibration, transmission or reference source or for the uses listed in 10
C.F.R. §§ 35.400, 35.500, 35.600 and 35.1000 or equivalent regulations of an
agreement state, will be approved if:
1. The applicant satisfies the general
requirements in NAC 459.238;
2. The applicant submits sufficient
information regarding each type of source or device pertinent to an evaluation
of its radiation safety, including:
(a) The radioactive material contained, its
chemical and physical form, and amount;
(b) Details of design and construction of the
source or device;
(c) Procedures for, and results of, prototype tests
to demonstrate that the source or device will maintain its integrity under
stresses likely to be encountered in normal use and in accidents;
(d) For devices containing radioactive material,
the radiation profile of a prototype device;
(e) Details of quality control procedures to ensure
that production sources and devices meet the standards of the design and
prototype tests;
(f) Procedures and standards for calibrating
sources and devices;
(g) Legends and methods for labeling sources and
devices as to their radioactive content; and
(h) Instructions for handling and storing the
source or device from the radiation safety standpoint, which instructions must
be included on a durable label attached to the source or device or attached to
a permanent storage container for the source or device, provided that
instructions which are too lengthy for the label may be summarized on the label
and printed in detail on a brochure which is referenced on the label;
3. The label affixed to the source, device
or permanent storage container for the source or device contains information on
the radionuclide, quantity and date of assay, and a statement that the source
or device is approved by the Division for distribution to persons licensed to
use radioactive material identified in 10 C.F.R. §§ 35.65, 35.400, 35.500 and
35.600 or to persons who hold equivalent licenses of the Nuclear Regulatory
Commission or an agreement state; and
4. The source has been registered in the
Sealed Source and Device Registry maintained by the Nuclear Regulatory
Commission.
[Bd. of Health, Radiation Control Reg. §§ 3.5.5.12-3.5.5.12.1.3,
eff. 2-28-80]—(NAC A 9-6-88; 11-1-95; R085-06, 11-13-2006; R149-07, 1-30-2008;
R185-08, 5-7-2010; R144-13, 10-13-2016)
NAC 459.3062 Adoption by reference and revision of certain provisions of
federal regulations regarding medical use of radioactive material. (NRS 459.201)
1. The provisions of 10 C.F.R. Part 35 are
hereby adopted by reference, subject to the following:
(a) 10 C.F.R. §§ 35.8, 35.10(a), 35.11(c),
35.13(a)(1), 35.13(a)(2), 35.13(b)(5), 35.14(a), 35.15(f), 35.57(b)(3), 35.4001
and 35.4002 are not adopted by reference.
(b) Except as otherwise provided in this chapter,
the implementation date specified in 10 C.F.R. §§ 35.10(a) and 35.10(d) is
November 13, 2006.
(c) Except as otherwise provided in this chapter,
the October 24, 2002, date specified in 10 C.F.R. § 35.57(a)(1) shall be deemed
to mean November 13, 2006.
(d) Except as otherwise provided in this chapter,
the April 29, 2005, date specified in 10 C.F.R. § 35.57(a)(2) shall be deemed
to mean April 29, 2008.
(e) Except as otherwise provided in this section,
any reference in 10 C.F.R. Part 35 to:
(1) “10 CFR Part 19” or “10 CFR 19” shall be
deemed to mean “NAC 459.780 to 459.794, inclusive.”
(2) “10 CFR 19.12” or “§ 19.12” shall be
deemed to mean “NAC 459.784.”
(3) “10 CFR Part 20” or “10 CFR 20” shall be
deemed to mean “NAC 459.320 to 459.374, inclusive.”
(4) “10 CFR 20.1101” or “§ 20.1101” shall be
deemed to mean “paragraph (a) of subsection 1 of NAC 459.321.”
(5) “10 CFR 20.1301(a)(1)” or “§
20.1301(a)(1)” shall be deemed to mean “paragraph (a) of subsection 1 of NAC 459.335.”
(6) “10 CFR 20.1301(c)” or “§ 20.1301(c)”
shall be deemed to mean “subsection 2 of NAC
459.335.”
(7) “10 CFR 20.1501” or “§ 20.1501” shall be
deemed to mean “NAC 459.337.”
(8) “10 CFR Part 30” or “10 CFR 30” shall be
deemed to mean “NAC 459.180 to 459.3154, inclusive.”
(9) “10 CFR 30.34(b)” or “§ 30.34(b)” shall be
deemed to mean “subsection 2 of NAC 459.198.”
(10) “10 CFR 30.6” or “§ 30.6” shall be deemed
to mean “NAC 459.134.”
(11) “10 CFR 32.72(b)(4)” or “§ 32.72(b)(4)”
shall be deemed to mean “paragraph (c) of subsection 2 of NAC 459.300.”
(12) “10 CFR Part 33” or “10 CFR 33” shall be
deemed to mean “NAC 459.262 to 459.274, inclusive.”
(13) “10 CFR 33.13” or “§ 33.13” shall be
deemed to mean “NAC 459.268.”
(14) “10 CFR Part 170,” “10 CFR 170,” “10 CFR
Part 171” or “10 CFR 171” shall be deemed to mean “NAC 459.310.”
(15) “Byproduct material” shall be deemed a
reference to “radioactive material.”
(16) “Commission” or “NRC” shall be deemed a
reference to “Division.”
(17) “Commission’s regulations,” “federal
regulations” or “NRC regulations” shall be deemed a reference to “NAC 459.010 to 459.950, inclusive.”
(18) “NRC Form 313” shall be deemed a
reference to the application form for a license for “Medical Use of Radioactive
Materials” prescribed by the Division and made available on its website.
(19) “NRC license” shall be deemed a reference
to “license issued by the Division pursuant to NAC 459.010 to 459.950, inclusive.”
(20) “NRC Operations Center,” “NRC Regional
Office listed in § 30.6” or “Director, Office of Nuclear Safety and Safeguards”
shall be deemed a reference to “the provisions of NAC 459.134 and the contact information
described in the State of Nevada Radiological Emergency Response Plan.”
(21) “NRC or an Agreement State,” “Commission
or an Agreement State” or “Commission or by an Agreement State” shall be deemed
a reference to “Division, Nuclear Regulatory Commission or an agreement state.”
(f) The text of 10 C.F.R. § 35.491(b)(3) shall be
deemed to read “Has obtained written attestation, signed by a preceptor
authorized user who meets the requirements in § 35.57, § 35.490 or § 35.491 or
equivalent requirements of an Agreement State, that the individual has
satisfactorily completed the requirements in paragraph (b)(1) and (b)(2) of
this section and has achieved a level of competency sufficient to function
independently as an authorized user of strontium-90 for ophthalmic use.”
(g) The full text of any sentence that contains a
reference to “10 CFR Part 21,” “10 CFR 21,” “10 CFR 30.7,” “§ 30.7,” “10 CFR
30.9,” “§ 30.9,” “10 CFR 30.10” or “§ 30.10” shall be deemed omitted.
2. A copy of the volume containing 10 C.F.R.
Part 35 may be obtained by mail from the Superintendent of Documents, U.S.
Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or
by toll-free telephone at (866) 512-1800, at a cost of $67, or free of charge
at the Internet address http://www.gpoaccess.gov/cfr/index.html.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006;
A by R149-07, 1-30-2008; R185-08, 5-7-2010; R144-13, 10-13-2016)
NAC 459.307 Testing sealed sources for leakage. (NRS 459.030, 459.201)
1. Any licensee who possesses sealed sources
shall have each sealed source containing radioactive material tested for
leakage at intervals not to exceed 6 months, unless a longer interval is
authorized by the Division, the Nuclear Regulatory Commission or an agreement
state in the Sealed Source and Device Registry maintained by the Nuclear
Regulatory Commission. In the absence of a certificate from a transferor
indicating that a test has been made within 6 months before the transfer, the
sealed sources should not be used until tested, but no leak tests are required
when:
(a) The source contains only radioactive material
with a half-life of less than 30 days;
(b) The source contains only radioactive material
as a gas;
(c) The source contains 100 microcuries (3.7
megabecquerels) or less of beta- or gamma-emitting material or 10 microcuries
(370 kilobecquerels) or less of alpha-emitting material;
(d) The sealed source is stored and is not being
used. The sources must be tested for leakage before any use or transfer unless
they have been leak tested within 6 months before the date of use or transfer;
or
(e) The source is seeds of iridium-192 encased in
nylon ribbon.
2. The leak test must be capable of
detecting the presence of 0.005 microcurie (185 becquerels) of radioactive
material on the test sample. The test sample must be taken from the sealed
source or from the surfaces of the device in which the sealed source is
permanently mounted or stored on which contamination might be expected to
accumulate. Records of leak test results must be maintained for 3 years for
inspection by the Division and, for persons licensed pursuant to the provisions
of this chapter for the medical use of radioactive material, must include,
without limitation:
(a) The model number and serial number, if one has
been assigned, of each sealed source tested;
(b) The identity of each source by radionuclide and
its estimated activity;
(c) The results of the test of each sealed source;
(d) The date of the test of each sealed source; and
(e) The name of the person who performed each test.
3. If the leak test reveals the presence of
0.005 microcurie (185 becquerels) or more of removable contamination, or 0.001
microcurie (37 becquerels) of radon 222 in a 24-hour period if the sealed
source is a brachytherapy source manufactured to contain radium, the licensee
shall immediately inform the Radiological Health Section of the Division by
telephone, withdraw the sealed source, or the device in which it is permanently
mounted, from use and cause it to be placed in locked storage. A written report
must be filed with the Division within 5 days after the test and must include,
without limitation:
(a) A description of the equipment involved;
(b) The model number and serial number, if
assigned, of the leaking source;
(c) The radionuclide of the leaking source and its
estimated activity;
(d) The test results;
(e) The date of the test; and
(f) A description of the action taken.
[Bd. of Health, Radiation Control Reg. §§ 3.5.3.3.5-3.5.3.3.5.3,
eff. 2-28-80]—(NAC A 9-6-88; A by Dep’t of Human Resources by R137-01, 5-30-2003;
A by Bd. of Health by R085-06, 11-13-2006; R144-13, 10-13-2016)
NAC 459.3075 Sealed source or device containing sealed source intended for use
under specific license: Request for evaluation and registration; manufacture
and distribution; inactivation of registration.
(NRS
459.201)
1. A manufacturer or initial distributor of
a sealed source or device containing a sealed source whose product is intended
for use under a specific license may submit a request to the Nuclear Regulatory
Commission or an agreement state for evaluation of the radiation safety
information concerning its product and for registration of the product.
2. A request for review submitted pursuant
to subsection 1 must be sent to the Office of Federal and State Materials and
Environmental Management Programs of the United States Nuclear Regulatory
Commission, ATTN: SSDR, by a method listed in 10 C.F.R. § 30.6(a) or to the
equivalent agency of an agreement state.
3. A request for review of a sealed source
submitted pursuant to subsection 1 must include, without limitation, sufficient
information concerning the:
(a) Design of the sealed source;
(b) Manufacture of the sealed source;
(c) Prototype testing of the sealed source;
(d) Quality control program proposed for the sealed
source;
(e) Labeling of the sealed source;
(f) Proposed uses of the sealed source; and
(g) Leak testing of the source,
Ê to provide
reasonable assurance that the radiation safety properties of the sealed source
are adequate to protect health and minimize the danger to life and property.
4. A request for review of a device
containing a sealed source submitted pursuant to subsection 1 must include,
without limitation, sufficient information concerning the:
(a) Design of the device;
(b) Manufacture of the device;
(c) Prototype testing of the device;
(d) Quality control program proposed for the
device;
(e) Labeling of the device;
(f) Proposed uses of the device;
(g) Leak testing of the device;
(h) Installation of the device;
(i) Service and maintenance of the device;
(j) Operating and safety instructions concerning
the device; and
(k) Potential hazards associated with the device,
Ê to provide
reasonable assurance that the radiation safety properties of the device are
adequate to protect health and minimize the danger to life and property.
5. In accordance with federal law, a request
for review submitted pursuant to subsection 1 will be evaluated in the manner
set forth in 10 C.F.R. § 32.210(d).
6. If the Nuclear Regulatory Commission or
agreement state completes an evaluation pursuant to a request made pursuant to
subsection 1 and issues a certificate of registration to the manufacturer or
initial distributor of a sealed source or device containing a sealed source who
made the request pursuant to subsection 1, the certificate of registration
acknowledges the availability of the submitted information for inclusion in an
application for a specific license proposing use of the product or concerning
use under an exemption from licensing or general license as applicable for the
category of certificate, and the manufacturer or initial distributor shall
manufacture and distribute the product in accordance with:
(a) The statements and representations, including,
without limitation, the quality control program, contained in the request
submitted pursuant to subsection 1; and
(b) The provisions of the certificate of
registration.
7. Authority to manufacture or initially
distribute a sealed source or device to specific licensees may be provided in
the license without the issuance of a certificate of registration in the
following cases:
(a) Calibration and reference sources containing:
(1) Not more than 37 megabecquerels (1
millicurie) for beta or gamma emitting radionuclides; or
(2) Not more than 0.37 megabecquerel (10
microcurie) for alpha emitting radionuclides; or
(b) The intended recipients are qualified by
training and experience and have sufficient facilities and equipment to safely
use and handle the requested quantity of radioactive material in any form in
the case of unregistered sources or, for registered sealed sources contained in
unregistered devices, are qualified by training and experience and have
sufficient facilities and equipment to safely use and handle the requested
quantity of radioactive material in unshielded form, as specified in their
licenses and:
(1) The intended recipients are licensed under
10 C.F.R. Part 33 or equivalent regulations of an agreement state;
(2) The recipients are authorized for research
and development; or
(3) The sources and devices are to be built to
the unique specifications of the particular recipient and contain not more than
740 gigabecquerels (20 curie) of tritium or 7.4 gigabecquerels (200
millicuries) of any other radionuclide.
8. After the certificate is issued, the
certificate holder shall allow the Nuclear Regulatory Commission to conduct an
additional review as the Nuclear Regulatory Commission determines is necessary
to ensure compliance with current regulatory standards and to complete its
evaluation in accordance with criteria specified in this section. The certificate
holder shall provide the Nuclear Regulatory Commission such additional
information as the Nuclear Regulatory Commission considers necessary to conduct
its review.
9. A certificate holder who no longer
manufactures or initially transfers any sealed source or device covered by a
particular certificate issued by the Nuclear Regulatory Commission shall
request inactivation of the registration certificate. Such a request must be
sent to the Office of Federal and State Materials and Environmental Management
Programs of the United States Nuclear Regulatory Commission, ATTN: SSDR, by a
method listed in 10 C.F.R. § 30.6(a) and, except as otherwise provided in this
subsection, must be made not later than 2 years after the initial distribution
of all of the sources or devices covered by the certificate has ceased. If the
certificate holder determines that an initial transfer was the last initial
transfer more than 2 years after that transfer, the certificate holder must
request inactivation of the certificate within 90 days after his or her
determination and briefly describe the circumstances of the delay.
10. If a distribution license is to be
terminated in accordance with 10 C.F.R. § 30.36, the licensee must request
inactivation of its registration certificates associated with that distribution
license before the Nuclear Regulatory Commission will terminate the license.
Such a request for inactivation of certificates must indicate that the license
is being terminated and include the associated specific license number.
11. A specific license to manufacture or
initially transfer a source or device covered only by an inactivated
certificate no longer authorizes the licensee to initially transfer such
sources or certificate, including, without limitation, an inactive certificate.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006;
A by R144-13, 10-13-2016)
NAC 459.310 Fees of Division. (NRS
439.150, 459.201) Except as otherwise
provided in NAC 459.203, the Division
will not issue a new specific license or a renewed specific license to a person
until the appropriate nonrefundable fee has been paid to the Division, as
prescribed in the following table:
|
Material and use
|
Fee
|
|
|
|
|
1. Special
nuclear material:
|
|
|
(a) As sealed source................................................................................................
|
$2,000
|
|
(b) In unsealed form...............................................................................................
|
2,000
|
|
2. Source
materials for other than milling operations..........................................
|
$2,200
|
|
3. Naturally
occurring radioactive material, discrete or diffuse...........................
|
$1,000
|
|
4. By-product
material, artificially produced radioactive material and radium:
|
|
|
(a) Manufacturing or
distribution, or both..............................................................
|
$2,200
|
|
(b) Nuclear pharmacy.............................................................................................
|
6,600
|
|
(c) Industrial
radiography.......................................................................................
|
5,500
|
|
(d) Category 1
(self-shielded) irradiator.................................................................
|
1,650
|
|
(e) Irradiator, other
than a category 1 irradiator.....................................................
|
1,650
|
|
(f) Academic, broad
scope......................................................................................
|
8,800
|
|
(g) Academic, other
research and development.....................................................
|
1,320
|
|
(h) Service or
laboratory.........................................................................................
|
1,760
|
|
(i) Fixed gauge........................................................................................................
|
1,100
|
|
(j) Gas chromatograph............................................................................................
|
496
|
|
(k) In vitro...............................................................................................................
|
105
|
|
(l) Portable gauge or
X-ray fluorescence analyzer.................................................
|
1,320
|
|
(m) Therapeutic or
diagnostic veterinary use.........................................................
|
1,760
|
|
(n) Linear
accelerators (with operational energies capable of exceeding 9 MeV)
possession license for incidentally activated products.................................................
|
1,000
|
|
(o) Cyclotron used to
manufacture PET radiochemicals........................................
|
2,200
|
|
(p) All other uses of
radioactive material except those set forth in subsections 5 to 9, inclusive...............................................................................................................
|
1,000
|
|
5. Well logging.....................................................................................................
|
$3,300
|
|
6. Medical use
of radioactive material:
|
|
|
(a) Medical use.......................................................................................................
|
$4,400
|
|
(b) General license
for in vitro use.........................................................................
|
125
|
|
7. Civil
defense.....................................................................................................
|
$276
|
|
8. Registration
of devices generally licensed pursuant to paragraph (a) of subsection 13 of NAC 459.218....................................................................................
|
$250
|
|
9. Any use of
radioactive material by a person who holds a specific license issued by the
Nuclear Regulatory Commission or any agreement state................
|
See
appropriate fee category above
|
|
|
|
[Bd. of Health,
Radiation Control Reg. § 3.1.1.1, eff. 10-15-81]—(NAC A 10-14-82; 4-26-84; 11-1-85;
3-9-87; 2-18-88; 12-15-88; 9-1-89; 1-31-90; 4-18-90; 8-1-91; 1-21-92; 1-24-92;
10-22-93; 11-1-95; R034-04, 4-7-2004; R085-06, 11-13-2006; R149-07, 1-30-2008;
R185-08, 5-7-2010; R144-13, 10-13-2016)
NAC 459.312 Transfer of material. (NRS
459.201)
1. A licensee may transfer radioactive
material only as authorized in this section.
2. Except as otherwise provided in his or
her license and subject to the provisions of subsections 3 and 4, any licensee
may transfer radioactive material:
(a) To the Division but only after receiving prior
approval from the Division;
(b) To the United States Department of Energy;
(c) To any person exempt from the provisions of NAC 459.180 to 459.3154, inclusive, to the extent
permitted under the exemption;
(d) To any person in an agreement state subject to
the jurisdiction of that state who has been exempted from the licensing
requirements and regulations of that state, to the extent permitted under such
exemptions;
(e) To any person authorized to receive the
material under terms of a general license or its equivalent, or a specific
license or equivalent licensing document, issued by the Division, the Nuclear
Regulatory Commission or any agreement state, or to any person otherwise
authorized to receive material by the Federal Government or any agency thereof,
the Division or any agreement state; or
(f) As otherwise authorized by the Division in
writing.
3. Before transferring radioactive material
to a specific licensee of the Division, the Nuclear Regulatory Commission, an
agreement state, or to a general licensee who is required to register with the Nuclear
Regulatory Commission or an agreement state before receipt of the radioactive
material, the licensee transferring the material shall verify that the
transferee’s license authorizes the receipt of the type, form and quantity of
radioactive material to be transferred.
4. The following methods for the
verification required by subsection 3 are acceptable:
(a) The transferor may have in his or her
possession, and read, a current copy of the transferee’s specific license or
registration certificate;
(b) The transferor may have in his or her
possession a written certification by the transferee that he or she is
authorized by license or registration certificate to receive the type, form and
quantity of radioactive material to be transferred, specifying the license or
registration certificate number, issuing agency and expiration date;
(c) For emergency shipments, the transferor may
accept oral certification confirmed in writing within 10 days by the transferee
that he or she is authorized by license or registration certificate to receive
the type, form and quantity of radioactive material to be transferred,
specifying the license or registration certificate number, issuing agency and
expiration date;
(d) The transferor may obtain other sources of
information compiled by a reporting service from official records of the
Division, the Nuclear Regulatory Commission or the licensing agency of an
agreement state as to the identity of licensees and the scope and expiration
dates of licenses and registration; or
(e) When none of the methods of verification
described in paragraphs (a) to (d), inclusive, are readily available or when a
transferor desires to verify that information received by one of such methods
is correct or up to date, the transferor may obtain and record confirmation
from the Division, the Nuclear Regulatory Commission or the licensing agency of
an agreement state that the transferee is licensed to receive the radioactive
material.
[Bd. of Health, Radiation Control Reg. §§ 3.5.12-3.5.12.5,
eff. 2-28-80]—(NAC A by R084-98, 1-26-99; R149-07, 1-30-2008; R144-13, 10-13-2016)
NAC 459.3125 Disposal of by-product material.
(NRS
459.201) A
licensee may dispose of by-product material specified in subsections 3 and 4 of
NAC 459.022:
1. At a facility licensed pursuant to 10
C.F.R. Part 61 or equivalent regulations of an agreement state, even though it
is not defined as low-level radioactive waste, if it meets the requirements of NAC 459.313; or
2. At any disposal facility authorized to
dispose of such material in accordance with any federal or state solid or
hazardous waste law, including the Solid Waste Disposal Act, as authorized pursuant
to the Energy Policy Act of 2005, Public Law 109-058.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.313 Transfer or shipment of radioactive waste or by-product material
for disposal at licensed land disposal facility. (NRS 459.201)
1. Transfers of low-level radioactive waste
by any waste generator, waste collector or waste processor who ships low-level
radioactive waste either directly or indirectly through a waste collector or
waste processor to a licensed low-level radioactive waste land disposal
facility are governed by the requirements of this section and NAC 459.8231 and Appendix G.
2. A licensee who ships radioactive waste
intended for ultimate disposal at a licensed land disposal facility must
document the information required on the Nuclear Regulatory Commission’s
Uniform Low-Level Radioactive Waste Manifest, and transfer the recorded manifest
information to the intended consignee in accordance with the provisions of
Appendix G.
3. Each manifest described in subsection 2
must include a certification by the waste generator as provided in section II
of Appendix G.
4. Each person involved in the transfer for
disposal or the disposal of radioactive waste, including, without limitation,
the waste generator, waste collector, waste processor and disposal facility
operator, shall comply with the requirements of section III of Appendix G.
5. A licensee who ships any by-product
material specified in subsections 2 and 3 of NAC
459.022, which is intended for disposal at a land disposal facility
licensed pursuant to 10 C.F.R. Part 61, shall document the information required
on the Nuclear Regulatory Commission’s Uniform Low-Level Radioactive Waste
Manifest and transfer the recorded information to the intended consignee in
accordance with Appendix G.
(Added to NAC by Bd. of Health by R085-06, eff. 11-13-2006;
A by R185-08, 5-7-2010; R144-13, 10-13-2016)
Training and Experience Requirements for Radiation Safety
Officers Appointed for Certain Specified Uses of Radioactive Material
NAC 459.3141 Medical use of radioactive material. (NRS 459.201) A radiation safety officer
for a specific license for the medical use of radioactive material must satisfy
the training and experience requirements set forth in the definition of a
radiation safety officer pursuant to 10 C.F.R. § 35.2, as adopted by reference
in NAC 459.3062.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3142 Industrial radiography. (NRS
459.201) A
radiation safety officer for a specific license to engage in industrial
radiography must satisfy the training and experience requirements set forth in
10 C.F.R. § 34.42, as adopted by reference in NAC
459.737.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3143 Radioactive material that involves use of portable gauge. (NRS 459.201)
1. A radiation safety officer for a specific
license for radioactive material that involves the use of a portable gauge must
have successfully completed:
(a) A course of training in portable gauges
provided by the manufacturer for users of portable gauges or radiation safety
officers; or
(b) An equivalent course that meets the criteria
set forth in subsection 2.
2. An equivalent course must:
(a) Be taught by an instructor who meets the
qualifications set forth in subsection 3;
(b) Include at least 1 1/2 hours of training in
radiation safety and regulatory requirements, emphasizing practical subjects
relating to the safe use of a portable gauge, including, without limitation,
training in:
(1) The difference between radiation and
radioactive contamination;
(2) The difference between internal and
external exposure to radiation;
(3) The use of the methods involving time,
distance and shielding to minimize exposure to radiation;
(4) The control and surveillance of a portable
gauge;
(5) The location of a sealed source within a
portable gauge;
(6) Inventory concerning portable gauges;
(7) Recordkeeping concerning portable gauges;
(8) Handling incidents involving radiation
which compromise safety;
(9) Licensing and inspection of radioactive
materials by the Division;
(10) Maintaining complete and accurate
information as it relates to a specific license for radioactive material that
involves the use of a portable gauge;
(11) The protection of employees who provide
information concerning an alleged violation of the Atomic Energy Act of 1954 or
the Energy Reorganization Act of 1974; and
(12) The meaning of deliberate misconduct as
it relates to a specific license for radioactive material that involves the use
of a portable gauge and possible enforcement actions relating to such
deliberate misconduct;
(c) Include at least 1 1/2 hours of practical
training in portable gauge theory and operation, including, without limitation:
(1) Training in operating, emergency,
maintenance and transportation procedures; and
(2) Field training emphasizing radiation
safety, including, without limitation, practical tests which involve:
(I) Setting up and making measurements
with the portable gauge;
(II) Controlling and maintaining
surveillance of the portable gauge;
(III) Performing routine cleaning and
lubrication of the portable gauge;
(IV) Packaging and transporting the
portable gauge;
(V) Storing the portable gauge; and
(VI) Following emergency procedures
concerning the portable gauge; and
(d) Require each proposed radiation safety officer
to pass a closed-book examination with a score of not less than 70 percent. The
examination must:
(1) Consist of at least 25 questions that
place an emphasis on radiation safety as it relates to the storage, use,
maintenance and transportation of portable gauges and the location of sealed
sources within portable gauges;
(2) Be administered by an instructor who meets
the qualifications set forth in subsection 3; and
(3) Be reviewed with the proposed radiation
safety officer immediately following the scoring of the examination to ensure
that the proposed radiation safety officer knows the correct answers to any
questions incorrectly answered on the examination.
3. An instructor is qualified to teach the
course and administer the examination described in subsection 2 if he or she:
(a) Has:
(1) Received a bachelor’s degree, master’s
degree or more advanced degree in the physical or life sciences or in
engineering;
(2) Successfully completed a course of
training in portable gauges provided by the manufacturer for users of portable
gauges;
(3) Successfully completed a course in
radiation safety that consists of at least 8 hours of instruction; and
(4) At least 8 hours of hands-on experience
with portable gauges; or
(b) Has:
(1) Successfully completed a course of
training in portable gauges provided by the manufacturer for users of portable
gauges;
(2) Successfully completed a course in
radiation safety that consists of at least 40 hours of instruction; and
(3) At least 30 hours of hands-on experience
with portable gauges.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3144 Radioactive material that involves use of fixed gauge. (NRS 459.201)
1. A radiation safety officer for a specific
license for radioactive material that involves the use of a fixed gauge must
have successfully completed:
(a) A course of training in fixed gauges provided
by the manufacturer or distributor for users of fixed gauges or radiation
safety officers; or
(b) An equivalent course that meets the criteria
set forth in subsection 2.
2. An equivalent course must include,
without limitation:
(a) Classroom training in radiation safety
emphasizing practical subjects relating to the safe use of a fixed gauge,
including, without limitation, training in:
(1) The difference between radiation and
radioactive contamination;
(2) The difference between internal and
external exposure to radiation;
(3) The biological effects of radiation;
(4) The types and relative hazards of the
radioactive material to be possessed by the applicant for the specific license
or possessed by the licensee, as applicable;
(5) The concept of keeping exposure to
radiation as low as is reasonably achievable;
(6) The use of the methods involving time,
distance and shielding to minimize exposure to radiation; and
(7) The location of a sealed source within a
fixed gauge;
(b) Classroom training in regulatory requirements,
including, without limitation, training relating to:
(1) The applicable state and federal
regulations;
(2) The conditions of, amendments to and
renewal of a specific license for radioactive material that involves the use of
a fixed gauge;
(3) The physical location at which radioactive
materials are used and stored;
(4) The control of and accountability relating
to radioactive materials;
(5) An annual audit of a radiation safety
program;
(6) The transfer and disposal of radioactive
materials;
(7) Recordkeeping concerning fixed gauges;
(8) Any reports or studies describing prior
accidents or problems involving fixed gauges;
(9) Handling incidents involving radiation
which compromise safety;
(10) Recognizing and ensuring that signs
warning of radiation are visible and legible;
(11) Licensing and inspection of radioactive
materials by the Division;
(12) Maintaining complete and accurate
information as it relates to a specific license for radioactive material that
involves the use of a fixed gauge;
(13) The protection of employees who provide
information concerning an alleged violation of the Atomic Energy Act of 1954 or
the Energy Reorganization Act of 1974; and
(14) The meaning of deliberate misconduct as
it relates to a license for radioactive material that involves the use of a
fixed gauge and possible enforcement actions relating to such deliberate
misconduct;
(c) Practical training in fixed gauge theory and
operation, including, without limitation, training in:
(1) Operating and emergency procedures;
(2) The difference between and requirements
related to routine and nonroutine maintenance; and
(3) Lockout procedures;
(d) On-the-job training under the supervision of a
radiation safety officer or a person who is authorized to use and supervise the
use of radioactive material that involves the use of a fixed gauge which
includes, without limitation, hands-on experience performing:
(1) Operating procedures;
(2) Practical tests which involve following
emergency procedures;
(3) Routine maintenance; and
(4) Lockout procedures; and
(e) An evaluation by a management official
concerning whether the proposed radiation safety officer is qualified to work
independently with and is knowledgeable of the radiation safety aspects of each
type of fixed gauge to be possessed by the applicant for the specific license
or possessed by the licensee, as applicable. This evaluation may be
accomplished by a written or oral examination or by observation.
3. The classroom training required by
subsection 2 may be in the form of lecture, videotape or self-study.
4. In addition to the training required by
subsection 1, if the proposed radiation safety officer is appointed for a
radiation safety program that includes nonroutine operations, the proposed
radiation safety officer must have successfully completed a course of training
in nonroutine operations related to fixed gauges provided by the manufacturer
or distributor. As used in this subsection, “nonroutine operations” include,
without limitation:
(a) Repairs involving or potentially affecting
components related to the radiological safety of the fixed gauge, including,
without limitation, the source, source holder, source drive mechanism, shutter,
shutter control or shielding; and
(b) Any other activities during which personnel may
receive doses of radiation exceeding safe limits, including, without
limitation, the installation of the fixed gauge, the initial radiation survey
of the fixed gauge, a relocation of the fixed gauge and the removal of the fixed
gauge from service.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3145 Radioactive material that involves use of category 1 irradiators. (NRS 459.201)
1. A radiation safety officer for a specific
license for radioactive material that involves the use of a category 1
irradiator must have successfully completed:
(a) Training in radiation safety emphasizing
practical subjects relating to the safe use of category 1 irradiators,
including, without limitation, training in:
(1) The difference between radiation and
radioactive contamination;
(2) The difference between internal and
external exposure to radiation;
(3) The biological effects of radiation;
(4) The types and relative hazards of the
radioactive material to be possessed by the applicant for the specific license
or possessed by the licensee, as applicable;
(5) The concept of keeping exposure to
radiation as low as is reasonably achievable;
(6) The use of the methods involving time,
distance and shielding to minimize exposure to radiation; and
(7) The use of radiation detection
instruments;
(b) Training in regulatory requirements, including,
without limitation, training relating to:
(1) The conditions of, amendments to and
renewal of a specific license for radioactive material that involves the use of
a category 1 irradiator;
(2) The physical location at which radioactive
materials are used and stored;
(3) The control of and accountability relating
to radioactive materials;
(4) An annual audit of a radiation safety
program;
(5) The transfer and disposal of radioactive
materials;
(6) Recordkeeping concerning category 1
irradiators;
(7) Handling incidents involving radiation
which compromise safety;
(8) Licensing and inspection of radioactive
materials by the Division;
(9) Maintaining complete and accurate
information as it relates to a specific license for radioactive material that
involves the use of a category 1 irradiator;
(10) The protection of employees who provide
information concerning an alleged violation of the Atomic Energy Act of 1954 or
the Energy Reorganization Act of 1974; and
(11) The meaning of deliberate misconduct as
it relates to a specific license for radioactive material that involves the use
of a category 1 irradiator and possible enforcement actions relating to such
deliberate misconduct;
(c) Practical training in the theory and operation
of each category 1 irradiator to be possessed by the applicant for the specific
license or possessed by the licensee, as applicable, including, without limitation,
training in:
(1) Operating and emergency procedures;
(2) The difference between and requirements
related to routine and nonroutine maintenance; and
(3) Any reports or studies describing prior
accidents or problems involving category 1 irradiators; and
(d) An evaluation by a management official
concerning whether the proposed radiation safety officer is qualified to work
independently with each type of category 1 irradiator to be possessed by the
applicant for the specific license or possessed by the licensee, as applicable.
This evaluation may be accomplished by a written or oral examination or by
observation.
2. The training required by subsection 1 may
be in the form of a lecture, videotape, self-study or hands-on experience.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3146 Radioactive material that involves use of irradiators other than
category 1 irradiators. (NRS
459.201)
1. A radiation safety officer for a specific
license for radioactive material that involves the use of an irradiator, other
than a category 1 irradiator, must have:
(a) At least 3 months of full-time experience with
the irradiator of the applicant for the license or with another irradiator of a
similar type, which may include, without limitation, preoperational involvement
with the irradiator, including, without limitation, testing while the
irradiator is being constructed to ensure that the irradiator meets the design
specifications;
(b) Except as otherwise provided in subsection 2,
successfully completed at least 40 hours of training in radiation safety
generally that:
(1) Includes, without limitation, training in:
(I) Radioactivity and the decay of
radioactive material;
(II) The interaction of radiation with
matter;
(III) The biological effects of
radiation;
(IV) The detection of radiation through
the use of radiation detection instruments and dosimeters;
(V) The use of basic principles for
protection against radiation protection and good safety practices, including,
without limitation, the use of the methods involving time, distance and
shielding to minimize exposure to radiation; and
(VI) The state and federal regulations
governing protection against radiation; and
(2) Includes a written examination or
evaluation of the proposed radiation safety officer’s comprehension of the
topics; and
(c) If the previous experience of the radiation
safety officer was with an irradiator of a similar type as the irradiator of
the applicant for the specific license or the licensee, as applicable, or if
the radiation safety officer was trained as an irradiation operator but does
not have experience working with an irradiator, at least 40 hours of training
that includes, without limitation:
(1) Training in radiation safety for operating
irradiators, including, without limitation, training in:
(I) The difference between radiation and
radioactive contamination;
(II) The difference between internal and
external exposure to radiation;
(III) The biological effects of
radiation, including, without limitation, the reasons for avoiding large doses
of radiation;
(IV) The units of radiation dose and
quantities;
(V) The types and relative hazards of the
radioactive material to be possessed by the applicant for the specific license
or possessed by the licensee, as applicable;
(VI) The concept of keeping exposure to
radiation as low as is reasonably achievable;
(VII) The use of the methods involving
time, distance and shielding to minimize exposure to radiation; and
(VIII) The use of survey meters and
personnel dosimeters;
(2) Training in regulatory requirements,
including, without limitation, training relating to:
(I) The applicable state and federal
regulations, including, without limitation, 10 C.F.R. Parts 20 and 36;
(II) The dose limits authorized by the
Division pursuant to NAC 459.335;
(III) The conditions of, amendments to
and renewal of a specific license for radioactive material that involves the
use of an irradiator, other than a category 1 irradiator;
(IV) The physical location at which
radioactive materials are used and stored;
(V) The control of and accountability
relating to radioactive materials;
(VI) An annual audit of a radiation
safety program;
(VII) The transfer and disposal of
radioactive materials;
(VIII) Recordkeeping concerning
irradiators;
(IX) Any reports or studies describing
prior accidents or problems involving irradiators;
(X) Handling incidents involving
radiation which compromise safety;
(XI) Recognizing and ensuring that signs
warning of radiation are visible and legible;
(XII) Licensing and inspection of
radioactive materials by the Division;
(XIII) Maintaining complete and accurate
information as it relates to a specific license for radioactive material that
involves the use of an irradiator, other than a category 1 irradiator;
(XIV) The protection of employees who
provide information concerning an alleged violation of the Atomic Energy Act of
1954 or the Energy Reorganization Act of 1974; and
(XV) The meaning of deliberate misconduct
as it relates to a specific license for radioactive material that involves the
use of an irradiator, other than a category 1 irradiator, and possible
enforcement actions relating to such deliberate misconduct;
(3) Practical training in theory and operation
for irradiators, including, without limitation, training in:
(I) The basic function of an irradiator;
(II) The radiation safety features of an
irradiator;
(III) Operating and emergency procedures
which the radiation safety officer is responsible for performing;
(IV) The difference between and
requirements related to routine and nonroutine maintenance;
(V) Lockout procedures; and
(VI) The methods used in the design of an
irradiator to prevent contamination;
(4) On-the-job training under the supervision
of a qualified irradiator operator that includes, without limitation, hands-on
experience performing:
(I) Operating procedures which the
radiation safety officer is responsible for performing;
(II) Practical tests which involve
following emergency procedures;
(III) Routine maintenance; and
(IV) Lockout procedures; and
(5) A requirement that each proposed radiation
safety officer pass a closed-book examination with a score of not less than 70
percent. The examination must:
(I) Consist of at least 25 questions that
place an emphasis on radiation safety as it relates to irradiator operations
and maintenance, operating and emergency procedures which the radiation safety
officer is responsible for performing and other operations which are necessary
for operating the irradiator safely and without supervision; and
(II) Be reviewed with the proposed
radiation safety officer immediately following the scoring of the examination
to ensure that the proposed radiation safety officer knows the correct answers
to any questions incorrectly answered on the examination.
2. Formal training in health physics or
certification by the American Board of Health Physics may be substituted for
the training required by paragraph (b) of subsection 1 upon approval by the
Division.
3. The training required by paragraph (c) of
subsection 1 may be in the form of self-study or directed study.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3147 Use of radioactive materials in academic research or other
research and development. (NRS
459.201)
1. A radiation safety officer for a specific
license which authorizes the use of radioactive materials in academic research
or other research and development must have received:
(a) A college degree at the bachelor level or
equivalent training and experience in the physical, chemical or biological
sciences or in engineering; and
(b) Training and experience in:
(1) Radiation protection principles;
(2) The characteristics of ionizing radiation,
units of radiation dose and quantities;
(3) Radiation detection instrumentation and
biological hazards of exposure to radiation appropriate to the type and forms
of radioactive material to be used;
(4) Applicable state and federal regulations;
and
(5) Hands-on use of radioactive materials.
2. As determined by the Division, the length
of training and experience required by subsection 1:
(a) Will depend on the type, form, quantity and
proposed use of the radioactive material specified in the application for the
specific license; and
(b) Must be sufficient to enable the radiation
safety officer to identify and control the anticipated radiation hazards.
3. The training required by subsection 1
must be obtained from training courses designed for radiation safety officers
and consist of classroom and laboratory training. Such courses may be obtained
from academic institutions, commercial radiation safety consulting companies or
other appropriate professional organizations.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3148 Radioactive material that involves use of gas chromatographs. (NRS 459.201)
1. A radiation safety officer for a specific
license for radioactive material that involves the use of gas chromatographs
must have received:
(a) A college degree at the bachelor level or
equivalent training and experience in the physical, chemical or biological
sciences or in engineering; and
(b) Training and experience in:
(1) Radiation protection principles;
(2) The characteristics of ionizing radiation,
units of radiation dose and quantities;
(3) Radiation detection instrumentation and
biological hazards of exposure to radiation appropriate to the type and forms
of radioactive material to be used;
(4) Applicable state and federal regulations;
and
(5) Hands-on use of radioactive materials.
2. As determined by the Division, the length
of training and experience required by subsection 1:
(a) Will depend on the type, form, quantity and
proposed use of the radioactive material specified in the application for the
specific license; and
(b) Must be sufficient to enable the radiation
safety officer to identify and control the anticipated radiation hazards.
3. The training required by subsection 1 must
be obtained from training courses designed for radiation safety officers and
consist of classroom and laboratory training. Such courses may be obtained from
academic institutions, commercial radiation safety consulting companies or
other appropriate professional organizations.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3149 Radioactive material that involves X-ray fluorescence. (NRS 459.201)
1. A radiation safety officer for a specific
license for radioactive material that involves X-ray fluorescence analysis must
have received:
(a) A college degree at the bachelor level or
equivalent training and experience in the physical, chemical or biological
sciences or in engineering; and
(b) Training and experience in:
(1) Radiation protection principles;
(2) The characteristics of ionizing radiation,
units of radiation dose and quantities;
(3) Radiation detection instrumentation and
biological hazards of exposure to radiation appropriate to the type and forms
of radioactive material to be used;
(4) Applicable state and federal regulations;
and
(5) Hands-on use of radioactive materials.
2. As determined by the Division, the length
of training and experience required by subsection 1:
(a) Will depend on the type, form, quantity and
proposed use of the radioactive material specified in the application for the
specific license; and
(b) Must be sufficient to enable the radiation
safety officer to identify and control the anticipated radiation hazards.
3. The training required by subsection 1
must be obtained from training courses designed for radiation safety officers
and consist of classroom and laboratory training. Such courses may be obtained
from academic institutions, commercial radiation safety consulting companies or
other appropriate professional organizations.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.315 Type A specific license of broad scope. (NRS 459.201) A radiation safety officer
for a type A specific license of broad scope must have received training and
experience that includes, without limitation, training and experience with:
1. The types and quantities of radioactive
material specified on the application for the specific license; and
2. The performance of the duties required
for the position, including, without limitation:
(a) Being a member of the radiation safety
committee established pursuant to NAC
459.268 and working closely with the radiation safety committee and the
management of the applicant for the license or the licensee, as applicable, in
implementing the radiation safety program;
(b) Ensuring that radiation safety activities are
being performed safely according to policies and procedures and that all
regulatory requirements are met; and
(c) Performing safety evaluations of proposed uses
of radioactive material as described in subparagraph (2) of paragraph (c) of
subsection 3 of NAC 459.268 before such
proposed uses are reviewed by the radiation safety committee.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3151 Type B specific license of broad scope. (NRS 459.201) A radiation safety officer
for a type B specific license of broad scope must have received training and
experience that includes, without limitation, training and experience with:
1. The types and quantities of radioactive
material specified on the application for the specific license; and
2. The performance of the duties required
for the position, including, without limitation:
(a) Working closely with the management of the
applicant for the license or the licensee, as applicable, in implementing the
radiation safety program;
(b) Ensuring that radiation safety activities are
being performed safely according to policies and procedures and that all
regulatory requirements are met; and
(c) Performing safety evaluations of proposed uses
of radioactive material as described in subparagraph (2) of paragraph (b) of
subsection 2 of NAC 459.270 and
reviewing and approving such proposed uses.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3152 Certain preparation of radioactive drugs in nuclear pharmacy for
commercial distribution and redistribution. (NRS
459.201)
1. A radiation safety officer for a specific
license issued pursuant to NAC 459.300
to prepare radioactive drugs in a nuclear pharmacy for commercial distribution
and redistribution must be qualified by training and experience to perform the
duties required for the position. Such training and experience may be met by:
(a) Being named as an authorized nuclear
pharmacist;
(b) Being identified as an authorized user on the
license and having experience in the use of the types and quantities of
licensed material for which the radiation safety officer has responsibilities;
or
(c) The classroom and laboratory training and work
experience described in subsection 2.
2. The required classroom and laboratory
training and work experience must be demonstrated by, without limitation:
(a) A college degree at the bachelor level or equivalent
training and experience in the physical, chemical or biological sciences or in
engineering; and
(b) Training and experience in:
(1) Radiation protection principles;
(2) The characteristics of ionizing radiation,
units of radiation dose and quantities;
(3) Radiation detection instrumentation and
biological hazards of exposure to radiation appropriate to the type and forms
of radioactive material to be used;
(4) Applicable state and federal regulations;
and
(5) Hands-on use of radioactive materials.
3. As determined by the Division, the length
of training and experience required by subsection 2:
(a) Will depend on the type, form, quantity and
proposed use of the radioactive material specified in the application for the
specific license; and
(b) Must be sufficient to enable the radiation
safety officer to identify and control the anticipated radiation hazards.
4. The training required by subsection 2
must be obtained from formal training courses designed for radiation safety
officers and consist of classroom and laboratory training. Such courses may be
obtained from academic institutions, commercial radiation safety consulting
companies or other appropriate professional organizations. Each hour of
training may be counted only once and must be allocated to the most
representative topic.
5. On-the-job training must not be counted
toward the hours documenting the length of training unless the training is part
of a formal training course. In addition to meeting the requirements of
subsection 4, for a course to be considered formal training, the course must be
a course in which:
(a) A detailed description of the content of the
course is maintained on file at the sponsoring institution and is available,
upon request, to the Division;
(b) A permanent record indicating that the proposed
radiation safety officer successfully completed the course is kept at the
sponsoring institution; and
(c) Evidence that the sponsoring institution has
examined the proposed radiation safety officer’s knowledge of the content of
the course is maintained on file at the sponsoring institution and is
available, upon request, to the Division. This evidence of the proposed
radiation safety officer’s overall competency in the course material must
include a final grade or percentile.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3153 Use of sealed sources, tracers or field flood studies in well
logging. (NRS
459.201)
1. Except as otherwise provided in
subsection 2, a radiation safety officer for a specific license that uses
sealed sources, tracers or field flood studies, or any combination thereof, in
well logging must have:
(a) At least 1 year of full-time experience as a
logging supervisor; and
(b) A thorough knowledge of management policies,
company administrative and operating procedures and safety procedures related
to protection against radiation exposures.
2. In lieu of the requirements set forth in
subsection 1, a person may serve as a radiation safety officer if he or she:
(a) Is certified by the American Board of Health
Physics; or
(b) Holds a bachelor’s degree, master’s degree or
more advanced degree in the physical or biological sciences and:
(1) Has at least 1 year of full-time
experience conducting a radiation safety program of comparable size and scope
as the radiation safety program associated with the license sought by the
applicant or held by the licensee, as applicable; or
(2) Is listed as an authorized user or the
radiation safety officer on a license issued by the Nuclear Regulatory
Commission or an agreement state that requires a radiation safety program of
comparable size and scope as the radiation safety program associated with the
license sought by the applicant or held by the licensee, as applicable.
3. In addition to implementing and
overseeing a radiation safety program as required pursuant to NAC 459.197, a radiation safety officer for
a specific license that uses sealed sources, tracers or field flood studies, or
any combination thereof, in well logging shall:
(a) Coordinate the safe use of the radioactive
material specified in the application for the license; and
(b) Ensure compliance with the applicable
requirements of NAC 459.010 to 459.950, inclusive, and chapter 459 of NRS and federal laws and
regulations.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.3154 Certain possession and production of radiochemicals using
accelerator for transfer or distribution. (NRS
459.201)
1. A radiation safety officer for a specific
license issued pursuant to NAC 459.300
to possess and produce radiochemicals, using an accelerator for transfer or
distribution to persons authorized under a license issued by the Nuclear
Regulatory Commission or an agreement state must be qualified by training and
experience to perform the duties required for the position. Such training and
experience may be met by:
(a) A college degree at the bachelor level or
equivalent training and experience in the physical, chemical or biological
sciences or in engineering;
(b) Training and experience in:
(1) Radiation protection principles;
(2) The characteristics of ionizing radiation,
units of radiation dose and quantities;
(3) Radiation detection instrumentation and
biological hazards of exposure to radiation appropriate to the type and forms
of radioactive material to be used;
(4) Applicable state and federal regulations;
and
(5) The handling of radioactive material in
relation to production activities, including, without limitation, maintenance
and repair of the accelerator; and
(c) Experience in planning and conducting
evaluations, surveys and measurements similar to those required by the
radiation safety program of the applicant for the specific license or the
licensee, as applicable.
2. As determined by the Division, the length
of training and experience required by subsection 1:
(a) Will depend on the type, form, quantity, beam
energies and proposed use of the radioactive material specified in the
application for the specific license; and
(b) Must be sufficient to enable the radiation
safety officer to identify and control the anticipated radiation hazards.
3. The training required by subsection 1
must be obtained from training courses designed for radiation safety officers
and consist of classroom and laboratory training. Such courses may be obtained
from academic institutions, commercial radiation safety consulting companies or
other appropriate professional organizations. Each hour of training may be
counted only once and must be allocated to the most representative topic.
4. If curie quantities of radioactive
material are handled at the accelerator facility in which the radiation safety
officer is appointed, the length of training and experience required by
paragraph (b) of subsection 1 is satisfied by at least:
(a) Forty hours of training in the safe handling of
radioactive material which is specific to the job duties of the radiation
safety officer; and
(b) One year of full-time experience as a radiation
safety officer with similar types, forms, quantities and uses of radioactive
material.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
Radiological Criteria for Termination of License
NAC 459.316 Definitions. (NRS
459.030, 459.201) As used in NAC 459.316 to 459.3184, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.3164, 459.3166 and 459.3168 have the meanings ascribed to
them in those sections.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)
NAC 459.3164 “Critical group” defined. (NRS
459.030) “Critical
group” means the group of natural persons that, for any particular set of
circumstances, are reasonably expected to receive the greatest exposure to
residual radioactivity.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.3166 “Distinguishable from background radiation” defined. (NRS 459.030) “Distinguishable from
background radiation” means that, using adequate measurement technology, survey
and statistical techniques, the detectable concentration of a radionuclide is
statistically different from the background concentration of that radionuclide:
1. In the site; or
2. In the case of a structure, in similar
materials.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.3168 “Residual radioactivity” defined. (NRS 459.030)
1. “Residual radioactivity” means the amount
of radioactivity detectable in structures, material, soils, groundwater or
other media at a site that is attributable to activities under the control of a
licensee, including all licensed or unlicensed sources of radiation used by a
licensee.
2. The term includes the detectable amount
of radioactivity attributable to radioactive materials remaining at the site
from routine or accidental releases, or burials, of radioactive materials at
the site.
3. The term does not include the detectable
amount of radioactivity attributable to background radiation.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.317 Applicability. (NRS
459.030, 459.201)
1. Except as otherwise provided in
subsection 2, the provisions of NAC 459.027,
459.200 and 459.316 to 459.3184, inclusive, apply to any facility
licensed by the Division pursuant to NAC 459.010
to 459.950, inclusive.
2. A facility licensed by the Division
pursuant to NAC 459.010 to 459.950, inclusive, is not subject to the
provisions of NAC 459.027, 459.200 and 459.316 to 459.3184, inclusive, if the facility:
(a) Has been decommissioned before May 30, 2003,
pursuant to:
(1) The federal Site Decommissioning
Management Plan of April 16, 1992, set forth at 57 Fed. Reg. 13,389; or
(2) Other criteria approved by the Division;
or
(b) Submitted a decommissioning plan before August
20, 1998, that, except for any day-to-day extension granted by the Division for
the submission of an environmental impact statement, was approved by the
Division before August 20, 1999, pursuant to the federal Site Decommissioning
Management Plan of April 16, 1992, set forth at 57 Fed. Reg. 13,389.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008)
NAC 459.3172 Explanation of total effective dose equivalent to average member
of critical group used. (NRS
459.030) For
the purposes of NAC 459.316 to 459.3184, inclusive, the total effective
dose equivalent to the average member of the critical group used is the peak
annual total effective dose equivalent expected within the first 1,000 years
after decommissioning.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.3174 Minimization of contamination required for issuance of any
license. (NRS
459.030, 459.201)
1. An applicant for any license issued by
the Division pursuant to NAC 459.010 to 459.950, inclusive, except an applicant for
the renewal of a license, must describe in the application how facility design
and procedures for operation will:
(a) Minimize, to the extent practicable, the:
(1) Contamination of the facility and
environment; and
(2) Generation of radioactive waste; and
(b) Facilitate eventual decommissioning.
2. A licensee shall, to the extent
practical, conduct operations to minimize the introduction of residual
radioactivity into the site, including the subsurface, in accordance with the
existing requirements for protection against radiation set forth in NAC 459.321 and radiological criteria for
the termination of a license set forth in NAC
459.316 to 459.3184, inclusive.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008; R144-13, 10-13-2016)
NAC 459.3176 Additional cleanup of decommissioned site. (NRS 459.030) The Division will require
a licensee to perform additional cleanup to a site that has been decommissioned
and the license for which has been terminated pursuant to NAC 459.316 to 459.3184, inclusive, if, based on new
information, the Division determines that:
1. The criteria for decommissioning and
license termination set forth in NAC 459.316
to 459.3184, inclusive, were not met;
and
2. The residual radioactivity
distinguishable from background radiation remaining at the site could result in
a significant threat to public health and safety.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.3178 Property of decommissioned facility: Eligibility for release for
unrestricted use. (NRS
459.030) The
property of a decommissioned facility is eligible for release for unrestricted
use if the residual radiation, distinguishable from background radiation,
including groundwater sources of drinking water:
1. Results in the average member of the
critical group receiving a total effective dose equivalent that does not exceed
25 millirem (0.25 millisievert) per year; and
2. Is as low as is reasonably achievable.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.318 Property of decommissioned facility: Eligibility for release for
restricted use. (NRS
459.030, 459.201)
1. The property of a decommissioned facility
that is not eligible for release for unrestricted use is eligible for release
for restricted use if the licensee:
(a) Demonstrates that further reductions in
residual radioactivity necessary to comply with NAC 459.3178:
(1) Would result in net increase in harm to
the public or environment; or
(2) Were not being made because the levels of
residual radioactivity associated with restricted conditions are as low as is
reasonably achievable. In determining whether those levels are as low as is
reasonably achievable, the licensee shall consider any detriments, including,
without limitation, traffic crashes, expected to potentially result from
decontamination and waste disposal.
(b) Establishes that the licensee has provided for
institutional controls that:
(1) Are legally enforceable;
(2) Provide reasonable assurance that the
average member of the critical group will receive a total effective dose
equivalent from residual radioactivity at the site distinguishable from
background radiation that does not exceed 25 millirem (0.25 millisievert) per
year; and
(3) Will not impose an undue burden on the
community to be affected by the decommissioning or any person or institution
therein.
(c) Provides, by a method set forth in subsection
4, sufficient financial assurance to enable a third party, including a
governmental custodian of the site, to assume and carry out responsibilities
for any necessary control and maintenance of the site.
(d) Submits to the Division a decommissioning plan
that:
(1) Declares the intent of the licensee to
decommission in accordance with NAC
459.1955;
(2) Specifies that the licensee intends to
decommission by restricting the use of the site; and
(3) Documents how the advice of persons and
institutions in the community that may be affected by the decommissioning has
been sought, analyzed and, if appropriate, incorporated into the decommissioning
plan.
(e) Provides reasonable assurance that the residual
radioactivity at the site distinguished from background radiation has been
reduced to levels such that, even in the absence of the institutional controls
required by paragraph (b), the average member of the critical group will
receive a total effective dose equivalent, from residual radioactivity at the
site distinguishable from background radiation, that:
(1) Is as low as is reasonably achievable; and
(2) Except as otherwise provided in subsection
2, does not exceed 100 millirem (1 millisievert) per year.
2. A licensee may satisfy the requirements
of subparagraph (2) of paragraph (e) of subsection 1 if the licensee:
(a) Provides reasonable assurance that the average
member of the critical group will receive a total effective dose equivalent,
from residual radioactivity at the site distinguishable from background
radiation, that does not exceed 500 millirem (5 millisieverts) per year;
(b) Demonstrates that reducing residual radioactivity
to the level necessary to comply with the 100 millirem (1 millisievert)
requirement of subparagraph (2) of paragraph (e) of subsection 1 is not
technically feasible, would be prohibitively expensive, or would likely result
in net harm to the public or environment;
(c) Makes provisions for durable institutional
controls; and
(d) Provides, by a mechanism set forth in
subsection 4, sufficient financial assurance to enable a third party, including
a governmental custodian of the site:
(1) To carry out periodic rechecks of the site
not less frequently than every 5 years to ensure that the institutional
controls remain in place as necessary to meet the criteria of paragraph (b) of
subsection 1; and
(2) To assume and carry out responsibility for
any necessary control and maintenance of those controls.
3. Before a licensee may submit to the
Division a decommissioning plan pursuant to subsection 1, the licensee must
seek advice from natural persons and institutions in the community who may be
affected by the decommissioning concerning whether the licensee’s proposed plan
of decommissioning satisfies each of the requirements of paragraphs (b) and (c)
of subsection 1.
4. A licensee, to satisfy the requirements
of this section relating to the provision of financial assurance, may use any
of the following methods:
(a) The deposit of an amount of money in cash or
liquid assets into a trust that is segregated from the assets of the licensee
and outside the administrative control of the licensee;
(b) If the licensee is a federal, state or local
governmental entity, a statement of intent as described in paragraph (d) of
subsection 12 of NAC 459.1955; or
(c) If a federal, state or local governmental
entity is assuming custody and ownership of the site, any arrangement or
mechanism for financial assurance that the governmental entity determines is
adequate.
5. In assessing the adequacy of the amount
of money in a trust described in paragraph (a) of subsection 4, the Division
shall assume an annual real rate of return on investment of 1 percent.
6. As used in this section, “real rate of
return” means the rate of return after adjusting the rate of return for
inflation.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006; R144-13, 10-13-2016)
NAC 459.3182 Property of decommissioned facility: Alternate criteria for
release for restricted or unrestricted use. (NRS
459.030)
1. The Division may terminate a license and
release the property of a decommissioned facility for restricted or
unrestricted use using alternate criteria greater than the dose criterion of 25
millirem (0.25 millisievert) per year set forth in NAC 459.3178 and paragraph (b) of
subsection 1 of NAC 459.318 if the
licensee:
(a) By submitting an analysis of possible sources
of exposure, provides reasonable assurance that:
(1) The public health and safety will continue
to be protected; and
(2) It is unlikely that the dose from all
artificially created sources combined, other than medical, would be more than
the limit of 0.1 rem (1 millisievert) per year set forth in NAC 459.335;
(b) Has employed, to the extent practical,
restrictions on site use according to the provisions of NAC 459.318 in minimizing exposures at the
site;
(c) Reduces doses to levels that are as low as is
reasonably achievable, taking into consideration any detriments, including,
without limitation, traffic crashes, expected to potentially result from
decontamination and waste disposal;
(d) Has provided sufficient financial assurance in
the form of a trust to enable a third party, including a governmental custodian
of a site, to assume and carry out responsibilities for any necessary control
and maintenance of the site; and
(e) Submits to the Division a decommissioning plan
that:
(1) Declares the intent of the licensee to
decommission in accordance with NAC
459.1955;
(2) Specifies that the licensee proposes to
decommission pursuant to the alternate criteria provisions of this section; and
(3) Documents how the advice of natural
persons and institutions in the community that may be affected by the
decommissioning has been sought, analyzed and, if appropriate, incorporated
into the decommissioning plan.
2. To satisfy the public comment requirement
of subparagraph (3) of paragraph (e) of subsection 1, a licensee shall:
(a) Provide an opportunity for participation by
representatives of a broad cross section of community interests;
(b) Provide an opportunity for a comprehensive,
collective discussion on the issues by the participants represented; and
(c) Make publicly available a summary of the
results of all such discussions, including, without limitation:
(1) A description of the individual viewpoints
of the participants on the issues; and
(2) The extent of agreement and disagreement
among the participants on the issues.
3. Before the Division terminates a license
using the alternate criteria of this section, the Division will consider the
recommendations of the staff of the Division concerning any comments provided
by the Environmental Protection Agency and any public comments submitted
pursuant to NAC 459.3184.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R144-13, 10-13-2016)
NAC 459.3184 Notice to public; public comment. (NRS 459.030)
1. The Division will notify the public and
seek public comment:
(a) Upon receipt of a decommissioning plan;
(b) Upon receipt of a proposal for the release of a
site pursuant to NAC 459.318 or 459.3182; or
(c) If the Commission determines such notice to be
in the public interest under the circumstances.
2. Notice will be given and comment will be
sought from:
(a) State and local governments and any Indian
nation or other indigenous people that have treaty or statutory rights:
(1) In the vicinity of the site; and
(2) That could be affected by the
decommissioning;
(b) Some segment of the general public; and
(c) If the proposal is to release a site pursuant
to the alternate criteria set forth in NAC
459.3182, the Environmental Protection Agency.
3. Notice to the public must be accomplished
by publication in a forum that is readily accessible to natural persons in the
vicinity of the site, including, without limitation:
(a) Newspapers;
(b) Letters sent directly to state or local
organizations; and
(c) Any other appropriate forum.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
Standards for Protection Against Radiation
NAC 459.320 Purpose; applicability; reasonable effort required. (NRS 459.030, 459.201)
1. The provisions of NAC 459.320 to 459.374, inclusive, establish standards for
protection against radiation hazards. It is the purpose of those sections to
control the receipt, possession, use, disposal and transfer of licensed or
registered sources of radiation by any licensee or registrant in such a manner
that the total dose to a natural person, including exposures to licensed or
unlicensed or registered or unregistered sources of radiation, whether in the
possession of the licensee, registrant or any other person, but not including
exposure to radiation from natural background sources, medical diagnosis and
therapy, natural persons who have been administered radioactive drugs or have
received permanent implants containing radioactive material and have been
released from the control of a licensee pursuant to 10 C.F.R. § 35.75, or
voluntary participation in medical research does not exceed the standards of
radiation protection set forth in NAC
459.320 to 459.374, inclusive. Those
sections will not be construed as limiting actions that may be necessary to
protect the health and safety of the public.
2. Except as otherwise specifically
provided, NAC 459.320 to 459.374, inclusive, apply to all licensees
or registrants. Those sections do not limit the intentional exposure of natural
persons to radiation for the purpose of medical use or the intentional exposure
of natural persons to radiation who are voluntarily participating in programs
for medical research.
3. In addition to complying with the
requirements set forth in NAC 459.320 to
459.374, inclusive, a licensee or
registrant shall make every reasonable effort to maintain exposures and
releases of radioactive materials in effluents to unrestricted areas, as low as
is reasonably achievable.
[Bd. of Health,
Radiation Control Reg. §§ 4.1-4.1.2, eff. 2-28-80]—(NAC A 1-18-94; 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)
NAC 459.3205 Adoption by reference of certain provisions of federal
regulations. (NRS
459.201) The
State Board of Health hereby adopts by reference appendices A, B and C to 10
C.F.R. §§ 20.1001 to 20.2402, inclusive. A copy of the volume containing these
appendices may be purchased by mail from the Superintendent of Documents, U.S.
Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or
by toll-free telephone at (866) 512-1800, for the price of $67, or are
available, free of charge, at the Internet address http://www.gpoaccess.gov/cfr/index.html.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; R085-06, 11-13-2006; R144-13, 10-13-2016)
NAC 459.321 Development, implementation and review of program for protection
against radiation; establishment of constraint on air emissions to environment
of radioactive material. (NRS
459.030, 459.201)
1. Each
licensee and registrant shall:
(a) Develop, document and carry out a program for
protection against radiation commensurate with the scope of its licensed or
registered activities and sufficient to ensure compliance with the provisions
of NAC 459.010 to 459.950, inclusive.
(b) Use, to the extent practicable, procedures and
engineering controls, based upon sound principles of protection against
radiation, to achieve occupational doses and doses to members of the public
that are as low as is reasonably achievable.
(c) Review, at intervals not to exceed 12 months,
the content and implementation of the program for protection against radiation.
2. A licensee or registrant shall, to
achieve doses to members of the public that are as low as is reasonably
achievable pursuant to paragraph (b) of subsection 1, establish a constraint on
air emissions to the environment of radioactive material, excluding radon 222
and its decay products, such that the individual member of the public likely to
receive the highest dose from such emissions will not be expected to receive a
total effective dose equivalent in excess of 10 millirems (0.1 millisievert).
3. A licensee or registrant that causes,
permits or is otherwise responsible for air emissions of radioactive material
to the environment that exceed the constraint established pursuant to
subsection 2 shall:
(a) Submit to the Division the report required by NAC 459.371; and
(b) Promptly take appropriate corrective action to
prevent any recurrence.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of
Health by R149-07, 1-30-2008)
NAC 459.323 Weighting factors. (NRS
459.201)
1. For calculating the effective dose
equivalent, the values of the weighting factor are as follows:
|
Organ
Dose Weighting Factors
|
|
|
|
Organ or Tissue
|
Weighting
Factor
|
|
|
|
Gonads...................................................................................................................... 0.25
|
|
Breast........................................................................................................................ 0.15
|
|
Red bone marrow..................................................................................................... 0.12
|
|
Lung.......................................................................................................................... 0.12
|
|
Thyroid..................................................................................................................... 0.03
|
|
Bone surfaces............................................................................................................ 0.03
|
|
Remainder................................................................................................................. 0.30
|
|
Whole Body.............................................................................................................. 1.00
|
2. For the purposes of weighting the
remainder dose, 0.30 results from 0.06 of each of five remainder organs,
excluding the skin and the lens of the eye, that receive the highest doses.
3. The use of other weighting factors for
external exposure must first be approved by the Division.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3235 Quality factors for converting absorbed dose to dose equivalent. (NRS 459.201)
1. Except as otherwise provided in subsection
2, the quality factors for converting an absorbed dose to a dose equivalent are
as follows:
|
Quality
Factors and Absorbed Dose Equivalencies
|
|
|
|
Type of
Radiation
|
Quality
Factor
|
Absorbed
Dose
Equal
to
a
Unit Dose
Equivalent
|
|
|
|
X,
gamma, or beta radiation and high-speed electrons............................................................................. 1
|
1
|
|
|
|
|
|
Alpha
particles, multiple-charged particles, fission fragments and heavy particles
of unknown charge................................................................. 20
|
0.05
|
|
|
|
|
|
Neutrons
of unknown energy................................................. 10
|
0.1
|
|
|
|
|
|
High-energy
protons............................................................... 10
|
0.1
|
|
|
|
|
2. If it is more convenient to measure the
neutron fluence rate than to determine the neutron dose equivalent rate in rems
per hour, as provided in subsection 1, 1 rem of neutron radiation of unknown
energies may, for the purposes of NAC
459.010 to 459.950, inclusive, be
assumed to result from a total fluence of 25,000,000 neutrons per square
centimeter incident upon the body. If sufficient information exists to estimate
the approximate energy distribution of the neutrons, the licensee or registrant
may use the fluence rate per unit dose equivalent or the appropriate quality
factor value from the following table to convert a measured tissue dose in rads
to dose equivalent in rem:
|
Mean Quality Factors and Fluence per Unit Dose
Equivalent
for Monoenergetic Neutrons
|
|
|
Neutron
Energy
|
Quality
Factor
|
Fluence
per Unit
Dose
Equivalent
|
|
|
|
|
|
|
|
(MeV)
|
|
(neutrons
|
|
|
|
|
cm2
rem-1)
|
|
|
|
|
|
|
(thermal)
|
2.5E-8
|
2
|
980E+6
|
|
|
1E-7
|
2
|
980E+6
|
|
|
1E-6
|
2
|
810E+6
|
|
|
1E-5
|
2
|
810E+6
|
|
|
1E-4
|
2
|
840E+6
|
|
|
1E-3
|
2
|
980E+6
|
|
|
1E-2
|
2.5
|
1010E+6
|
|
|
1E-1
|
7.5
|
170E+6
|
|
|
5E-1
|
11
|
39E+6
|
|
|
1
|
11
|
27E+6
|
|
|
2.5
|
9
|
29E+6
|
|
|
5
|
8
|
23E+6
|
|
|
7
|
7
|
24E+6
|
|
|
10
|
6.5
|
24E+6
|
|
|
14
|
7.5
|
17E+6
|
|
|
20
|
8
|
16E+6
|
|
|
40
|
7
|
14E+6
|
|
|
60
|
5.5
|
16E+6
|
|
|
1E+2
|
4
|
20E+6
|
|
|
2E+2
|
3.5
|
19E+6
|
|
|
3E+2
|
3.5
|
16E+6
|
|
|
4E+2
|
3.5
|
14E+6
|
3. For the purposes of subsection 2, the
quality factor must be measured at the point where the dose equivalent is
maximum in a 30-centimeter diameter cylinder tissue-equivalent phantom.
(Added to NAC by Bd. of
Health, eff. 1-18-94; A by R084-98, 1-26-99; R085-06, 11-13-2006; R149-07, 1-30-2008)
NAC 459.325 Limits on occupational doses for adults. (NRS 459.030, 459.201)
1. Except as otherwise provided in
subsection 5, a licensee or registrant shall control occupational doses, except
for planned special exposures, to ensure that no adult receives annually
occupational doses in excess of the following limits:
(a) The lesser of:
(1) A total effective dose equivalent of 5
rems (50 millisieverts); or
(2) The sum of the deep-dose equivalent and
the committed dose equivalent to any individual organ or tissue, other than the
lens of the eye, of 50 rems (500 millisieverts);
(b) A lens dose equivalent of 15 rems (150
millisieverts); and
(c) A shallow-dose equivalent to the skin of the
whole body or the skin of any extremity of 50 rems (500 millisieverts).
2. Occupational doses received in excess of
the annual limits specified in subsection 1, including doses received during
accidents, emergencies and planned special exposures, must be subtracted from
the limits for planned special exposures that a person may receive during a
current year and during his or her lifetime.
3. When the external exposure is determined
by a measurement with an external personal monitoring device, the deep-dose
equivalent must be used in lieu of the effective dose equivalent, unless the
effective dose equivalent is determined by a dosimetry method approved by the
Division. The assigned deep-dose equivalent must be for the portion of the body
receiving the highest exposure. The assigned shallow-dose equivalent must be
the dose averaged over the contiguous 10 square centimeters of skin receiving
the highest exposure. The deep-dose equivalent, lens dose equivalent and
shallow-dose equivalent may be assessed from surveys or other radiation
measurements for the purpose of demonstrating compliance with the limits for
occupational doses, if the personnel monitoring equipment was not in the region
of highest potential exposure, or the results of personnel monitoring are
unavailable.
4. The derived air concentration and annual
limit on intake values that are set forth in table I of appendix B may be used
to determine the occupational dose of a person and to demonstrate compliance
with the limits for occupational doses.
5. Notwithstanding the annual limits, a
licensee shall limit a person’s intake of soluble uranium to 10 milligrams in 1
week.
6. The licensee or registrant shall reduce
the occupational dose that a person is allowed to receive in a current year by
the amount of the occupational dose that person received during the year while
employed by another person.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06,
11-13-2006; R185-08, 5-7-2010)
NAC 459.3255 Compliance with requirements for summation of external and
internal doses. (NRS
459.030, 459.201)
1. If a licensee is required to monitor a
person pursuant to subsections 1 and 2 of NAC
459.339, the licensee shall demonstrate compliance with the limits set
forth in NAC 459.325 by adding external
and internal doses. The licensee may demonstrate compliance with the
requirements for summation of external and internal doses by meeting one of the
conditions specified in subsection 2 and the conditions specified in
subsections 3 and 4. The lens dose equivalent and the dose equivalents for the
skin and the extremities are not required to be included in the summation, but
are subject to separate limits set forth in NAC
459.325. If a licensee or registrant is required to monitor a person
pursuant to subsection 1 of NAC 459.339
only or pursuant to subsection 2 of NAC
459.339 only, the summation of the doses is not required.
2. If the only intake of radionuclides is by
inhalation, the limit for the total effective dose equivalent is not exceeded
if the deep-dose equivalent divided by the limit for the total effective dose
equivalent, and one of the following, does not exceed unity:
(a) The sum of the fractions of the annual limit on
intake by inhalation for each radionuclide.
(b) The total number of derived air
concentration-hours for all radionuclides, divided by 2,000.
(c) The sum of the committed effective dose
equivalents to all significantly irradiated organs or tissues, calculated from
bioassay data using appropriate biological models and expressed as a fraction
of the annual limit. For the purposes of this subsection, an organ or tissue
shall be deemed to be irradiated significantly if, for that organ or tissue,
the product of the weighting factors and the committed dose equivalent, per
unit intake, is greater than 10 percent of the maximum weighted value of the
committed dose equivalent, per unit intake for any organ or tissue.
3. If a person who receives an occupational
exposure also receives an intake of radionuclides by oral ingestion in an
amount greater than 10 percent of the applicable annual limit on intake by oral
ingestion, the licensee shall account for this intake and include it in
demonstrating compliance with the limits set forth in NAC 459.325.
4. Except as otherwise provided in this
subsection, the licensee shall evaluate and, to the extent practical, account
for the intake of radiation through wounds or absorption through the skin. Any
intake through intact skin is not required to be evaluated or accounted for
pursuant to this subsection.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.327 Determination of external dose from airborne radioactive
material. (NRS
459.030, 459.201)
1. Licensees shall, when determining the
external dose from airborne radioactive material, include the deep-dose
equivalent, lens dose equivalent and shallow-dose equivalent caused by external
exposure to the cloud of airborne radioactive material.
2. Measurements of airborne radioactive
material and derived air concentration must not be used as the primary means to
assess the deep-dose equivalent if the airborne radioactive material includes
radionuclides other than noble gases or if the cloud of airborne radioactive
material is not relatively uniform. The determination of the deep-dose
equivalent must be based upon measurements using instruments or personnel
monitoring equipment.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.3275 Determination of compliance with limits for occupational doses. (NRS 459.201)
1. For the purposes of assessing the dose
used to determine compliance with the limits for occupational doses set forth
in NAC 459.325, a licensee shall, if
required pursuant to subsection 2 of NAC
459.339, take suitable and timely measurements of:
(a) Concentrations of radioactive materials in the
air in work areas;
(b) Quantities of radionuclides in the body;
(c) Quantities of radionuclides excreted from the
body; or
(d) Any combination of the measurements listed in
paragraphs (a), (b) and (c).
2. Unless a respiratory protective device is
used or the assessment of intake is based on bioassays, the licensee shall
assume that a person inhales radioactive material at the airborne concentration
in which the person is present.
3. When specific information on the physical
and biochemical properties of the radionuclides taken into the body or the
behavior of the material in a person is known, the licensee may:
(a) Use that information to calculate the committed
effective dose equivalent;
(b) Upon prior approval of the Division, adjust the
values for the derived air concentration or the annual limit on intake to
reflect the actual physical and chemical characteristics of airborne
radioactive material; and
(c) Separately assess the contribution of fractional
intakes of compounds of a given radionuclide in Class D, W or Y to the
committed effective dose equivalent.
Ê If a licensee
uses the information to calculate the committed effective dose equivalent
pursuant to paragraph (a), the licensee shall document that information in the
record of the person.
4. If the licensee chooses to assess intakes
of material in Class Y using the measurements taken pursuant to paragraph (b)
or (c) of subsection 1, the licensee may delay the recording and reporting of
the assessments for not more than 7 months in order to make additional
measurements basic to the assessments, unless he or she is otherwise required
to record and report the assessments by NAC
459.3695 or 459.371.
5. If the identity and concentration of each
radionuclide in a mixture are known, the fraction of the derived air
concentration applicable to the mixture that is used to calculate derived air
concentration-hours must be:
(a) The sum of the ratios of the concentration to
the appropriate value for the derived air concentration from Appendix B for
each radionuclide in the mixture; or
(b) The ratio of the total concentration for all
radionuclides in the mixture to the most restrictive value for the derived air
concentration for any radionuclide in the mixture.
6. If the identity of each radionuclide in a
mixture is known, but the concentration of one or more of the radionuclides in
the mixture is not known, the derived air concentration for the mixture must be
the most restrictive derived air concentration of any radionuclide in the
mixture.
7. If a mixture of radionuclides in air
exists, a licensee may disregard certain radionuclides in the mixture if:
(a) The licensee uses the total activity of the
mixture in demonstrating compliance with the limits specified in NAC 459.325 and in complying with the
monitoring requirements specified in subsection 2 of NAC 459.339;
(b) The concentration of any radionuclide
disregarded is less than 10 percent of its derived air concentration; and
(c) The sum of these percentages for all of the
radionuclides disregarded in the mixture does not exceed 30 percent.
8. When determining the committed effective
dose equivalent, the following information may be considered:
(a) The licensee or registrant may assume that the
inhalation of one annual limit on intake, or an exposure of 2,000 derived air
concentration-hours, results in a committed effective dose equivalent of 5 rems
for radionuclides that have their annual limits on intake or derived air
concentrations based on the committed effective dose equivalent.
(b) For an annual limit on intake and the
associated derived air concentration determined by the nonstochastic organ dose
limit of 50 rems, the intake of radionuclides that would result in a committed
effective dose equivalent of 5 rems is listed in parentheses in Table I of
Appendix B. In this case, the licensee may use the stochastic annual limit on
intake to determine the committed effective dose equivalent. If the licensee
uses the stochastic annual limit on intake, the licensee shall also demonstrate
that the limits specified in subparagraph (2) of paragraph (a) of subsection 1 of
NAC 459.325 are met.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.329 Requirements for planned special exposures. (NRS 459.201) A licensee or registrant
may permit a worker who is an adult to receive a planned special exposure, in
addition to and accounted for separately from the doses received under the
limits specified in NAC 459.325, if each
of the following conditions is satisfied:
1. The licensee or registrant notifies the
Division of the planned special exposure in writing at least 10 working days
before the planned special exposure is scheduled to occur, and verifies that
the Division has received the letter of notification.
2. The planned special exposure is to occur
in an exceptional situation when alternatives that might avoid the higher
exposure are unavailable or impractical.
3. The licensee or registrant, and employer
if the employer is not the licensee or registrant, specifically authorizes the
planned special exposure, in writing, before the exposure occurs.
4. Before the planned special exposure, the
licensee or registrant ensures that each person involved is:
(a) Informed of the purpose of the planned special
exposure;
(b) Informed of the estimated doses and associated
potential risks, and the specific radiation levels or other conditions that
might be involved in performing the task; and
(c) Instructed in the measures to be taken to keep
the dose as low as is reasonably achievable considering other risks that may be
present.
5. Before permitting a person to participate
in a planned special exposure, the licensee or registrant ascertains previous
doses received by the person during his or her lifetime as required pursuant to
NAC 459.365.
6. The planned special exposure would not
cause a person to receive a dose from all planned special exposures and all
doses in excess of:
(a) The numerical values of any of the limits
specified in subsection 1 of NAC 459.325
in any year; and
(b) Five times the annual limits specified in
subsection 1 of NAC 459.325 during the
lifetime of the person.
7. The licensee or registrant maintains
records of the conduct of the planned special exposure in accordance with NAC 459.3655 and submits a written report
in accordance with NAC 459.3715.
8. The licensee or registrant records the
best estimate of the dose resulting from the planned special exposure in the
record of the person receiving the dose and informs that person, in writing, of
the dose within 30 days after the date of the planned special exposure. The
dose from planned special exposures must not be considered in controlling the
future occupational dose of the person pursuant to subsection 1 of NAC 459.325, but must be included in the
determinations required to be made pursuant to subsections 5 and 6.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.331 Annual limits for occupational doses for minors. (NRS 459.201) The limits for the annual
occupational dose for minors are 10 percent of the limits for the annual
occupational dose specified in NAC 459.325
for adult workers.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.333 Dose equivalents to embryos. (NRS
459.030, 459.201)
1. Except as otherwise provided in
subsection 4, a licensee or registrant shall ensure that the dose equivalent to
an embryo during the entire pregnancy, resulting from occupational exposure of
a woman who has declared her pregnancy, does not exceed 0.5 rem (5
millisieverts).
2. The licensee or registrant shall make
efforts to avoid any substantial variation from a uniform monthly exposure rate
to a woman who has declared her pregnancy so as to satisfy the limits specified
in subsection 1.
3. The dose equivalent to an embryo is the
sum of:
(a) The deep-dose equivalent to the woman who has
declared her pregnancy; and
(b) The dose equivalent to the embryo resulting
from radionuclides in the embryo and radionuclides in the woman who has
declared her pregnancy.
4. If, by the time a woman declares her
pregnancy to the licensee or registrant, the dose equivalent to the embryo has
exceeded 0.5 rem (5 millisieverts), or is within 0.05 rem (0.5 millisievert) of
that dose, the licensee or registrant shall be deemed to be in compliance with
subsection 1 if the additional dose equivalent to the embryo does not exceed
0.05 rem (0.5 millisievert) during the remainder of the pregnancy.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.335 Dose limits for individual members of public; application for
authorization to increase annual dose limit; imposition of additional
restrictions; standards for nuclear power operations. (NRS 459.030, 459.201)
1. Except as otherwise provided in this
section and subsection 2 of NAC 459.321,
each licensee and registrant shall conduct operations to ensure that:
(a) The total effective dose equivalent to any
member of the public from its licensed or registered operation does not exceed
0.1 rem (1 millisievert) per year, not including the dose contribution from
background radiation, any medical administration the member of the public has
received, exposure to natural persons who have been administered radioactive
material and have been released from the control of a licensee pursuant to 10
C.F.R. § 35.75, voluntary participation in medical research, and the disposal
by the licensee of radioactive material into sanitary sewerage in accordance
with NAC 459.3605; and
(b) The dose in any unrestricted area from external
sources, not including the dose contributions from natural persons who have
been administered radioactive material and have been released from the control
of a licensee pursuant to 10 C.F.R. § 35.75, does not exceed 0.002 rem (0.02
millisievert) in any 1 hour.
2. Notwithstanding the provisions of
paragraph (a) of subsection 1, a licensee may allow a visitor to a person who
cannot be released pursuant to 10 C.F.R. § 35.75 to receive a radiation dose
greater than 0.1 rem (1 millisievert) if:
(a) The radiation dose does not exceed 0.5 rem (5
millisieverts); and
(b) Before the visit, an authorized user has
determined that the visit is appropriate.
3. A licensee, a registrant or an applicant
for a license or registration may apply to the Division for authorization to
operate up to an annual dose limit for a member of the public of 0.5 rem (5
millisieverts) per year. The application must include:
(a) A demonstration of the need for and the
expected duration of operations in excess of the limit specified in paragraph
(a) of subsection 1;
(b) A description of the program of the licensee or
registrant to assess and control the dose within the annual limit of 0.5 rem (5
millisieverts); and
(c) The procedures to be followed to maintain the
dose as low as is reasonably achievable.
4. The Division may impose additional
restrictions on radiation levels in unrestricted areas and on the total
quantity of radionuclides that a licensee may release in effluents in order to
restrict the collective dose.
5. In addition to the requirements of this
section, a licensee who is subject to the provisions of 40 C.F.R. Part 190
shall comply with the standards set forth therein.
(Added to NAC by Bd. of
Health, eff. 1-18-94; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by
Bd. of Health by R085-06, 11-13-2006; R144-13, 10-13-2016)
NAC 459.3355 Compliance with dose limits for individual members of public. (NRS 459.201)
1. A licensee or registrant shall make or
cause to be made surveys of radiation levels in unrestricted areas and
radioactive materials in effluents released to unrestricted areas in order to
demonstrate compliance with the limits specified in NAC 459.335 for members of the public.
2. A licensee or registrant shall
demonstrate compliance with the annual limits specified in NAC 459.335 by:
(a) Demonstrating by measurement or calculation
that the total effective dose equivalent to the member of the public likely to
receive the highest dose from the licensed or registered operation does not
exceed the annual limits; or
(b) Demonstrating that:
(1) The annual average concentrations of
radioactive material released in gaseous and liquid effluents at the boundary
of the unrestricted area do not exceed the values specified in Table II of
Appendix B; and
(2) If a person were continually present in an
unrestricted area, the dose from external sources would not exceed 0.002 rem in
1 hour and 0.05 rem in 1 year.
3. Upon approval from the Division, the
licensee may adjust the concentration values for effluents in Table II of
Appendix B for members of the public to take into account the actual physical
and chemical characteristics of the effluents.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.336 Orders requiring bioassay services. (NRS 459.201) Where necessary or
desirable in order to aid in determining the extent of a person’s exposure to
concentrations of radioactive material, the Division may incorporate license
provisions or issue an order requiring a licensee or registrant to make
available to the person appropriate bioassay services and to furnish a copy of
the reports of those services to the Division.
[Bd. of Health, Radiation Control Reg. § 4.2.7, eff. 2-28-80]
NAC 459.337 Surveys and monitoring. (NRS
459.030, 459.201)
1. Each licensee and registrant shall make,
or cause to be made, surveys of areas, including the subsurface, that:
(a) Are necessary for the licensee or registrant to
comply with NAC 459.010 to 459.950, inclusive; and
(b) Are necessary under the circumstances to
evaluate:
(1) The magnitude and extent of radiation
levels;
(2) Concentrations or quantities of residual
radioactivity; and
(3) The potential radiological hazards of the
radiation levels and residual radioactivity detected.
2. The Division shall evaluate surveys of
areas made by a licensee or registrant pursuant to subsection 1 to determine if
a significant risk to public health and safety exists. The Division may require
the licensee or registrant to make an additional survey of areas if:
(a) The conditions under which the previous survey
was made have changed; and
(b) The Division determines that the change in
conditions described in paragraph (a) may result in a significant risk to
public health and safety.
3. Records from surveys describing the
location and amount of subsurface residual radioactivity identified at a site
must be:
(a) Kept with records important to the
decommissioning of a facility; and
(b) Retained in accordance with the provisions of
subsection 13 of NAC 459.1955.
4. The licensee or registrant shall ensure
that instruments and equipment used for quantitative radiation measurements are
calibrated for the radiation measured at intervals not to exceed 12 months.
5. All personnel dosimeters, except for
direct and indirect reading pocket ionization chambers and those dosimeters
used to measure the dose to any extremity, that require processing to determine
the dose of radiation and that are used by licensees and registrants to comply
with NAC 459.325, with other applicable
provisions of NAC 459.010 to 459.950, inclusive, or with conditions
specified in a license or registration, must be processed and evaluated by a
dosimetry processor who is accredited by the National Voluntary Laboratory
Accreditation Program of the National Institute of Standards and Technology for
the type of radiation or radiations included in the program that most closely
approximate the type of radiation for which the person wearing the dosimeter is
monitored.
6. The licensee or registrant shall ensure
that adequate precautions are taken to prevent a deceptive exposure of
personnel monitoring equipment.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of
Health by R149-07, 1-30-2008; R185-08, 5-7-2010; R144-13, 10-13-2016; R021-18,
12-30-2019)
NAC 459.339 Precautionary procedures: Conditions requiring individual
monitoring of external and internal occupational doses. (NRS 459.030, 459.201) Each
licensee and registrant shall monitor exposures from sources of radiation at
levels sufficient to demonstrate compliance with the limits for occupational
doses specified in NAC 459.010 to 459.950, inclusive. As a minimum:
1. Each licensee and registrant shall
monitor occupational exposure to radiation from licensed and unlicensed sources
under the control of the licensee or registrant and shall supply and require
the use of personnel monitoring equipment by:
(a) Adults who are likely to receive in 1 year,
from sources of radiation external to the body, a dose in excess of 10 percent
of the limits specified in NAC 459.325;
(b) Minors who are likely to receive in 1 year,
from sources of radiation external to the body, a deep-dose equivalent in
excess of 0.1 rem (1 millisievert), a lens dose equivalent in excess of 0.15
rem (1.5 millisieverts), or a shallow-dose equivalent to the skin or
extremities in excess of 0.5 rem (5 millisieverts);
(c) Women who have declared their pregnancy and are
likely to receive, during the entire pregnancy, from sources of radiation
external to the body, a deep-dose equivalent in excess of 0.1 rem (1
millisievert); and
(d) Any person entering a high or very high radiation
area.
2. Each licensee shall monitor, to determine
compliance with NAC 459.3275, the
occupational intake of radioactive material by and assess the committed
effective dose equivalent to:
(a) Adults who are likely to receive, in 1 year, an
intake in excess of 10 percent of the applicable annual limit on intake in
columns 1 and 2 of table I of appendix B;
(b) Minors who are likely to receive, in 1 year, a
committed effective dose equivalent in excess of 0.1 rem (1 millisievert); and
(c) Women who have declared their pregnancy and are
likely to receive, during the entire pregnancy, a committed effective dose
equivalent in excess of 0.1 rem (1 millisievert).
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of
Health by R149-07, 1-30-2008)
NAC 459.341 Precautionary procedures: Control of access to high radiation
areas. (NRS
459.201)
1. Except as otherwise provided in this
section, a licensee or registrant shall ensure that each entrance to a high
radiation area has one or more of the following features:
(a) A control device that, upon entry into the
radiation area, causes the level of radiation to be reduced below the level at
which a person could receive a deep-dose equivalent of 0.1 rem in 1 hour at 30
centimeters from the source of radiation or from any surface that the radiation
penetrates.
(b) A control device that energizes a conspicuous
visible or audible alarm so that a person entering the high radiation area and
the supervisor of the activity in the area are made aware of the entry.
(c) Entrances that are locked, except during
periods when access to the area is required with positive control over each
individual entrance.
2. In place of the controls required
pursuant to subsection 1, the licensee or registrant may substitute continuous
direct or electronic surveillance that is capable of preventing unauthorized
entry into the radiation area.
3. The licensee or registrant may apply to
the Division for authorization to use alternative methods for controlling
access to high radiation areas.
4. The licensee or registrant shall
establish the controls required pursuant to subsections 1 and 3 in a manner
that does not prevent a person from leaving a high radiation area.
5. The licensee is not required to control
each entrance to a high radiation area that contains only radioactive materials
prepared for transport and packaged and labeled in accordance with the
regulations of the United States Department of Transportation if:
(a) The packages do not remain in the area for more
than 3 days; and
(b) The dose at 1 meter from the external surface
of any package does not exceed 0.01 rem per hour.
6. The licensee is not required to control
each entrance to a room or other area in a hospital solely because of the
presence of a patient whose treatment requires the use of radioactive material
if there are persons in attendance who will take the necessary precautions to:
(a) Prevent the exposure of a person to radiation
or radioactive material in excess of the limits specified in NAC 459.325, 459.331, 459.333
and 459.335; and
(b) Ensure that any doses are as low as are
reasonably achievable.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.343 Precautionary procedures: Control of access to very high
radiation areas. (NRS
459.201) In
addition to the requirements specified in NAC
459.341, a licensee or registrant shall institute measures to ensure that a
person is not able to gain unauthorized or inadvertent access to areas in which
radiation levels could be encountered at 500 rads or more in 1 hour at 1 meter
from a source of radiation or any surface through which the radiation
penetrates.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.345 Precautionary procedures: Control of access to very high
radiation area with sealed radioactive sources used to irradiate materials. (NRS 459.201)
1. Except as otherwise provided in this
section, each area in which there may exist radiation levels in excess of 500
rads in 1 hour at 1 meter from a sealed radioactive source that is used to
irradiate materials must meet the following requirements:
(a) Each entrance must be equipped with entry
control devices which:
(1) Function automatically to prevent any
person from inadvertently entering a very high radiation area;
(2) Permit deliberate entry into the area only
after the control device is actuated and causes the radiation level within the
area, from the source of radiation, to be reduced below that at which it would
be possible for a person to receive a deep-dose equivalent in excess of 0.1 rem
in 1 hour; and
(3) Prevent operation of the source of
radiation if it would produce radiation levels in the area that could result in
a deep-dose equivalent to a person in excess of 0.1 rem in 1 hour.
(b) Additional control devices must be provided so
that, upon failure of the entry control devices to function as required
pursuant to paragraph (a):
(1) The radiation level within the area, from
the source of radiation, is reduced below the level at which it would be
possible for a person to receive a deep-dose equivalent in excess of 0.1 rem in
1 hour; and
(2) Conspicuous visible and audible alarms are
generated to make any person who is attempting to enter the area aware of the
hazard and to make at least one other authorized person, who is physically
present, familiar with the activity and prepared to render or summon
assistance, aware of the failure of the entry control devices.
(c) The licensee shall provide control devices that
ensure that, upon the failure or removal of physical radiation barriers other
than the shielded storage container of the sealed source:
(1) The radiation level from the source is
reduced below the level at which it would be possible for a person to receive a
deep-dose equivalent in excess of 0.1 rem in 1 hour; and
(2) Conspicuous visible and audible alarms are
generated to make potentially affected persons aware of the hazard and to make
the licensee, or at least one other person who is familiar with the activity
and prepared to render or summon assistance, aware of the failure or removal of
the physical barrier.
(d) When the shield for stored sealed sources is a
liquid, the licensee shall provide a means to monitor the integrity of the
shield and to signal, automatically, loss of adequate shielding.
(e) Physical radiation barriers that comprise
permanent structural components and have no reasonable probability of failure
or removal in ordinary circumstances are not required to meet the requirements
of paragraph (c) or (d).
(f) Each area must be equipped with devices that
will automatically generate conspicuous visible and audible alarms to alert
persons in the area before the source of radiation can be put into operation
and in time for any persons in the area to operate a clearly identified control
device, which must be installed in the area and which is able to prevent the
source of radiation from being put into operation.
(g) Each area must be controlled by the use of such
administrative procedures and such devices as are necessary to ensure that the
area is cleared of persons before each use of the source of radiation.
(h) Each area must be checked by a radiation
measurement to ensure that, before any person enters the area after any use of
the source of radiation, the radiation level from the source of radiation in
the area is below the level at which it would be possible for a person to
receive a deep-dose equivalent in excess of 0.1 rem in 1 hour.
(i) The entry control devices required pursuant to
paragraph (a) must be tested for proper functioning in the following manner:
(1) Testing must be conducted before the
initial operation of the source of radiation on any day, unless operations were
continued uninterrupted from the previous day;
(2) Testing must be conducted before the
resumption of operation of the source of radiation after any unintentional
interruption; and
(3) The licensee shall submit and adhere to a
schedule for periodic tests of the entry control devices and warning systems.
(j) The licensee shall not conduct operations,
other than those necessary to place the source of radiation in safe condition
or to effect repairs on control devices, unless control devices are functioning
properly.
(k) Entry and exit portals that are used in
transporting materials to and from the area and that are not intended for use
by persons to enter or exit the area, must be controlled by such devices and
administrative procedures as are necessary to protect and warn against
inadvertent entry by any person through these portals. Exit portals which are
for irradiated materials must be equipped to detect and signal the presence of
any loose radioactive material that is carried toward such a portal and automatically
to prevent loose radioactive material from being carried out of the area.
2. Licensees or applicants for licenses who
are subject to the provisions of subsection 1 and will use the source of
radiation in a variety of positions or in locations which make it impracticable
to comply with the requirements of subsection 1, may apply to the Division for
approval of alternative safety measures. Alternative safety measures must
provide persons with protection that is at least equivalent to the protection
specified in subsection 1. At least one of the alternative measures must
include an inter-lock control device that is designed to prevent entry based on
a measurement of the radiation and that ensures the absence of high radiation
levels before a person can gain access to the area where such sources of
radiation are used.
3. The entry control devices required by
subsections 1 and 2 must be established in such a manner that no person will be
prevented from leaving the area.
4. As used in this section, sealed
radioactive source means any by-product, source or special nuclear material
that is used in sealed sources in irradiators that are not self-shielded.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.347 Precautionary procedures: Use of process or other engineering
controls; alternative controls; consideration of other safety factors. (NRS 459.201)
1. A licensee shall use, to the extent
practicable, process or other engineering controls, including, without
limitation, containment, decontamination and ventilation, to control the
concentrations of radioactive material in the air.
2. If it is not practicable to apply process
or other engineering controls to control the concentrations of radioactive
material in the air to levels below those that define an area of airborne
radioactivity, the licensee shall, consistent with maintaining the total
effective dose equivalent as low as is reasonably achievable, increase
monitoring and limit intakes by one or more of the following:
(a) Controlling access to the area;
(b) Limiting exposure times;
(c) Using respiratory protective devices; or
(d) Using any other means available to control
concentrations of radioactive material in the air.
3. If the licensee performs an analysis of
exposures to radiation to determine what exposure level is as low as is
reasonably achievable and to determine whether respiratory protective devices
should be used, the licensee may consider safety factors other than
radiological safety factors, including, without limitation, consideration of
the effect of respiratory protective devices on the industrial health and
safety of workers.
(Added to NAC by Bd. of
Health, eff. 1-18-94; A by R085-06, 11-13-2006)
NAC 459.349 Precautionary procedures: Use of respiratory protective devices. (NRS 459.201)
1. If a licensee uses respiratory protective
devices to limit intakes as required pursuant to NAC 459.347, the licensee shall comply with
the following requirements:
(a) Except as otherwise provided in paragraph (b),
the licensee shall use only a respiratory protective device that is tested and
certified, or has had certification extended, by the National Institute for
Occupational Safety and Health.
(b) If the licensee wishes to use equipment that
has not been tested or certified by the National Institute for Occupational
Safety and Health, or for which there is no schedule for testing or
certification, the licensee shall submit an application for authorized use of
that equipment. The application must include evidence that the material and
performance characteristics of the equipment are capable of providing the
proposed degree of protection under anticipated conditions of use. The evidence
must be acquired from tests performed on the equipment by the licensee or based
on information obtained from other reliable tests that have been performed on
the equipment.
(c) The licensee shall implement and maintain a
program for respiratory protection that includes, without limitation:
(1) A sampling of the air that is sufficient
to identify any potential hazard, permit the proper selection of equipment and
estimate doses;
(2) Surveys and bioassays, as necessary, to
evaluate actual intakes;
(3) Testing respiratory protective devices for
operability immediately before each use, including, without limitation,
user-performed seal checks for face-sealing respirators and functional checks
for all other respirators;
(4) Written procedures regarding:
(I) Testing, including, without
limitation, fit testing;
(II) The supervision and training of
users of respiratory protective devices;
(III) Recordkeeping;
(IV) Monitoring, including, without
limitation, sampling air and bioassays;
(V) Selection of respiratory protective
devices;
(VI) Breathing air quality;
(VII) Inventory and control of
respiratory protective devices;
(VIII) Storage, issuance, maintenance,
repair and quality assurance of respiratory protective devices; and
(IX) Limitations on periods of use of
respiratory protective devices and relief from use of respiratory protective
devices; and
(5) The determination by a physician that each
user of a face-sealing respirator or nonface-sealing respirator is medically
fit to use the respirator before the initial fitting of a face-sealing
respirator or before the first use of a nonface-sealing respirator and:
(I) At least once every 12 months after
the initial fitting; or
(II) Periodically at a frequency that is
determined by the physician.
(d) The licensee shall perform fit testing for a
respirator before the first field use of a respirator with a tight-fitting
facepiece and not less than annually thereafter. The fit test must be performed
with the facepiece of the respirator operating in the negative pressure mode
and the fit factor:
(1) For a negative pressure respirator must be
greater than or equal to 10 times the air pressure flow; and
(2) For a positive pressure, continuous flow
or pressure demand respirator must exceed 500.
(e) The licensee shall advise each user of a
respiratory protective device that the user may leave the area at any time for
relief from the use of the respiratory protective device if:
(1) The device malfunctions;
(2) He or she suffers physical or
psychological distress;
(3) There is a failure of communication or
procedures;
(4) There is a significant deterioration in
the operating conditions; or
(5) There are any other conditions that might
require relief from use of the device.
(f) The licensee shall:
(1) Consider limitations appropriate to the
type of respiratory protective device and the intended mode of use of the
respiratory protective device;
(2) When selecting a respiratory protective
device, provide for vision correction, adequate communication, low-temperature
work environments and the concurrent use of other safety and radiological
protection equipment; and
(3) Use equipment in a manner that does not
interfere with the proper operation of the respiratory protective device.
(g) The licensee shall provide standby rescue
personnel when a person is using a one-piece atmosphere-supplying suit or any
combination of a supplied-air respirator and personnel protective equipment
from which the person would have difficulty extricating himself or herself. The
standby rescue personnel must:
(1) Be equipped with respiratory protective
devices or other equipment appropriate to the potential hazards.
(2) Visually observe the person who is using a
one-piece atmosphere-supplying suit or any combination of a supplied-air
respirator and personnel protective equipment or maintain continuous
communication with such person through visual, voice, signal line, telephone,
radio or other suitable means of communication.
(3) Be immediately available to assist the
person who is using a one-piece atmosphere-supplying suit or any combination of
a supplied-air respirator and personnel protective equipment in case of a
failure of air supply or for any other reason that requires relief from
distress.
(4) Be sufficient in number and training to
provide immediate assistance to the person who is using a one-piece
atmosphere-supplying suit or any combination of a supplied-air respirator and
personnel protective equipment and to provide effective emergency rescue if
needed.
(h) The licensee shall ensure that
atmosphere-supplying respirators are supplied with desirable air of grade D
quality or better as defined in Publication G-7.1, Commodity Specification
for Air (1997), and the provisions of 29 C.F.R. §§ 1910.134(i)(1)(ii)(A) to
1910.134(i)(1)(ii)(E), inclusive. A hard copy of Publication G-7.1, Commodity
Specification for Air (1997), published by the Compressed Gas Association,
may be obtained at a cost of $32 for a member of the Compressed Gas Association
or $58 for a nonmember at the Internet address http://www.cganet.com/publication.asp.
An electronic copy of the publication may be obtained free of charge for a
member of the Compressed Gas Association or at a cost of $44 for a nonmember at
the Internet address http://www.cganet.com/publication.asp.
(i) The licensee shall ensure that no objects,
materials or substances, including, without limitation, facial hair, or any
conditions which could interfere with the face-to-facepiece seal or valve
function and which are under the control of the user of the respirator are
present between the skin of the face of the user of the respirator and the sealing
surface of a tight-fitting facepiece.
(j) In measuring the dose to persons from the
intake of airborne radioactive material, the licensee must assume initially
that the concentration of radioactive material in the air that is inhaled when
a respirator is worn is the ambient concentration of radioactive material in
the air without a respirator divided by the assigned protection factor of the
respirator. If the licensee later finds that the actual dose is greater than
the estimated dose, the actual dose must be used. If the actual dose is later
found to be less than the estimated dose, the actual dose may be used.
2. A licensee shall obtain authorization
from the Division before using assigned respiratory protection factors in
excess of those specified in Appendix A. The Division may authorize a licensee
to use higher assigned protection factors upon receipt of an application that:
(a) Describes the situation for which a need exists
for higher protection factors; and
(b) Demonstrates that the respiratory protective
device provides these higher protection factors under the proposed conditions
of use.
3. In addition to any restrictions imposed
pursuant to the provisions of this section and NAC 459.347, the Division may impose
restrictions on the use of respiratory protective devices by a licensee to:
(a) Ensure that the respiratory protection program
of the licensee is adequate to limit doses to persons from the intake of
airborne radioactive material consistent with maintaining the total effective
dose equivalent as low as is reasonably achievable; and
(b) Limit the extent to which a licensee may use
respiratory protective devices instead of processes or engineering controls to
limit doses to persons from the intake of airborne radioactive material.
(Added to NAC by Bd. of
Health, eff. 1-18-94; A by R084-98, 1-26-99; A by R085-06, 11-13-2006)
NAC 459.352 Precautionary procedures: Radiation machines. (NRS 459.201) All radiation machines
must be labeled in a manner which cautions people that radiation is produced
when the machine is being operated.
[Bd. of Health, Radiation Control Reg. § 4.3.3.7, eff.
2-28-80]
NAC 459.3525 Precautionary procedures: Control of licensed radioactive
material and radiation machines in unrestricted areas and not in storage. (NRS 459.201)
1. A licensee shall control and maintain
constant surveillance of licensed radioactive material that is in an
unrestricted area and that is not in storage or related to the care of a
patient.
2. A registrant shall maintain control of
radiation machines that are in an unrestricted area and that are not in
storage.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.353 Precautionary procedures: Security of stored material. (NRS 459.201) A licensee or registrant
shall secure from unauthorized removal or access licensed or registered sources
of radiation that are stored in controlled areas as specified in the license or
registration or in unrestricted areas.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R144-13,
10-13-2016)
NAC 459.354 Precautionary procedures: Instruction of personnel. (NRS 459.201) Instructions are required
for persons working in or frequenting any portion of a restricted area as
specified in NAC 459.784.
[Bd. of Health, Radiation Control Reg. § 4.3.5, eff. 2-28-80]
NAC 459.355 Precautionary procedures: Radiation symbol; labels; additional
information. (NRS
459.201)
1. Except as otherwise provided in this
section or as otherwise authorized by the Division, a licensee or registrant
shall use a radiation symbol with a three-bladed design as follows:
(a) Each cross-hatched area must be magenta, purple
or black; and
(b) The background must be yellow.
Radiation symbol
2. A licensee may label sources of
radiation, holders for sources of radiation or device components containing
sources of radiation that are subjected to high temperatures with conspicuously
etched or stamped radiation symbols that do not comply with the requirements
for color set forth in subsection 1.
3. In addition to the contents of signs and
labels required by NAC 459.010 to 459.950, inclusive, a licensee or
registrant shall provide, on or near the required signs and labels, additional
information, as appropriate, to make persons aware of potential exposures and
to minimize those exposures.
4. A radiation symbol or the labels
described in NAC 459.010 to 459.950, inclusive, must only be used when
conditions exist that warrant their use.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; R149-07, 1-30-2008)
NAC 459.3555 Precautionary procedures: Requirements for posting signs. (NRS 459.201) Except as otherwise
provided in NAC 459.3565:
1. A licensee or registrant shall post in
each radiation area a conspicuous sign or signs bearing the radiation symbol
and the words “CAUTION, RADIATION AREA.”
2. A licensee or registrant shall post in
each high radiation area a conspicuous sign or signs bearing the radiation
symbol and the words “CAUTION, HIGH RADIATION AREA” or “DANGER, HIGH RADIATION
AREA.”
3. A licensee or registrant shall post in
each very high radiation area a conspicuous sign or signs bearing the radiation
symbol and the words “GRAVE DANGER, VERY HIGH RADIATION AREA.”
4. A licensee shall post in each area of
airborne radioactivity a conspicuous sign or signs bearing the radiation symbol
and the words “CAUTION, AIRBORNE RADIOACTIVITY AREA” or “DANGER, AIRBORNE
RADIOACTIVITY AREA.”
5. A licensee shall post in each area or
room in which there is used or stored an amount of licensed radioactive
material exceeding 10 times the quantity of such material specified in Appendix
C a conspicuous sign or signs bearing the radiation symbol and the words
“CAUTION, RADIOACTIVE MATERIAL(S)” or “DANGER, RADIOACTIVE MATERIAL(S).”
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3565 Precautionary procedures: Exceptions to requirements for posting
signs. (NRS
459.030, 459.201)
1. A licensee or registrant is not required
to post signs pursuant to NAC 459.3555
in an area or room containing sources of radiation for periods of less than 8
hours if:
(a) The sources of radiation are constantly
attended during these periods by a person who takes the precautions necessary
to prevent the exposure of persons to sources of radiation in excess of the
limits established in NAC 459.325, 459.331, 459.333
and 459.335; and
(b) The area or room is subject to the control of
the licensee or registrant.
2. A room or other area in a hospital that
is occupied by a patient is not required to be posted with signs pursuant to NAC 459.3555 if:
(a) The patient is being treated with sealed
sources of radiation or has been treated with unsealed radioactive material in
quantities of less than 30 millicuries (1.11 gigabecquerels), or the measured
dose rate at 1 meter from the patient is less than 0.005 rem (0.05
millisievert) per hour;
(b) The licensee is authorized to release the
patient from confinement pursuant to 10 C.F.R. § 35.75; and
(c) There are personnel in attendance who will take
the necessary precautions to prevent the exposure of persons to radiation or
radioactive materials in excess of the limits specified in NAC 459.325, 459.331, 459.333
and 459.335, and to maintain the level
of radiation at a level which is as low as is reasonably achievable.
3. A room or area is not required to be
posted with signs pursuant to NAC 459.3555
because of the presence of a sealed source of radiation if the level of
radiation at 30 centimeters from the surface of the container or housing for
the sealed source does not exceed 0.005 rem (0.05 millisievert) per hour.
4. A room in a hospital or clinic that is
used for teletherapy is not required to be posted with signs pursuant to NAC 459.3555 if there are personnel in
attendance who will take the necessary precautions to prevent the exposure of
any person to radiation or radioactive materials in excess of the limits
established in NAC 459.325, 459.331, 459.333
and 459.335, and to maintain the level
of radiation at a level that is as low as is reasonably achievable.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06,
11-13-2006)
NAC 459.357 Precautionary procedures: Requirements for labeling containers
and radiation machines. (NRS
459.201) Except
as otherwise provided in NAC 459.3575:
1. Each licensee shall ensure that each
container of licensed radioactive material bears a durable, clearly visible
label bearing the radiation symbol and the words “CAUTION, RADIOACTIVE
MATERIAL” or “DANGER, RADIOACTIVE MATERIAL.” The label must provide information
to permit persons handling or using the container, or working in the vicinity
of the container, to take precautions to avoid or minimize exposures. The
information on the label may include, but is not limited to:
(a) The radionuclides present;
(b) An estimate of the quantity of radioactivity;
(c) The date for which the activity is estimated;
(d) The levels of radiation;
(e) The kinds of radioactive materials present; and
(f) The mass enrichment.
2. Each licensee shall, before the removal
or disposal of empty uncontaminated containers in unrestricted areas, remove or
deface the label required pursuant to subsection 1, or otherwise clearly
indicate that the container no longer contains radioactive material.
3. Each registrant shall ensure that each
radiation machine is labeled in a conspicuous manner which cautions persons
that radiation is produced when the machine is energized.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3575 Precautionary procedures: Exceptions to requirements for labeling
containers. (NRS
459.201) A
licensee is not required to label a container pursuant to NAC 459.357 if the container is:
1. Holding licensed radioactive material in
quantities that are less than the quantities listed in Appendix C.
2. Holding licensed radioactive material in
concentrations that are less than those specified in Table III of Appendix B.
3. Attended by a person who takes the
precautions necessary to prevent the exposure of persons in excess of the
limits established by NAC 459.010 to 459.950, inclusive.
4. In transport and is packaged and labeled
in accordance with the regulations of the United States Department of
Transportation.
5. Accessible only to persons authorized to
work in the vicinity of the container or authorized to handle or use the
container, if the contents of the container are identified to those persons by
a readily available written record which is retained while the container is in
use for the purpose indicated on the record.
6. Installed manufacturing or process
equipment.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; R149-07, 1-30-2008)
NAC 459.3585 Precautionary procedures: Receiving, monitoring and opening
packages. (NRS
459.201)
1. Each licensee who expects to receive a
package containing quantities of radioactive material in excess of a type A
quantity, as defined in 10 C.F.R. § 71.4, shall make arrangements to receive:
(a) The package when the carrier offers it for
delivery; or
(b) Notification of the arrival of the package at
the terminal of the carrier and to take possession of the package
expeditiously.
2. Except as otherwise provided in
subsections 3 and 7, each licensee shall monitor the external surfaces of a
package known to contain radioactive material for radioactive contamination and
radiation levels if the package:
(a) Is labeled as containing radioactive material;
or
(b) Has evidence of potential contamination.
3. Each licensee shall:
(a) Monitor the external surfaces of a labeled
package for radioactive contamination unless the package contains only
radioactive material in the form of a gas or in special form as defined in 10
C.F.R. § 71.4;
(b) Monitor the external surfaces of a labeled
package for radiation levels unless the package contains quantities of
radioactive material that are less than or equal to the Type A quantity, as
defined in 10 C.F.R. § 71.4 and appendix A to that part; and
(c) Monitor all packages known to contain
radioactive material for radioactive contamination and radiation levels if
there is evidence of degradation of package integrity, such as packages that
are crushed, wet or damaged.
4. The licensee shall perform the monitoring
required by subsections 2 and 3 as soon as practicable after receipt of the
package, but not later than 3 hours after the package is received at the
facility of the licensee if the package is received during the normal working
hours of the licensee. If the package is received after the normal working
hours of the licensee, the monitoring must be performed not later than 3 hours
after the beginning of the next normal working day of the licensee.
5. A licensee shall immediately notify the
carrier who made the final delivery of a package and, by telephone and
telegram, mailgram or facsimile, the Division if:
(a) Removable radioactive contamination on the
surface of the package is detected that exceeds 22,000 disintegrations per
minute per 100 square centimeters of package surface; or
(b) The radiation level at 1 meter from the surface
of the package exceeds 10 milliroentgens per hour.
6. Each licensee shall:
(a) Establish, maintain and retain written
procedures for safely opening packages in which radioactive material is
received; and
(b) Ensure that the procedures established pursuant
to paragraph (a) are followed and that consideration is given to any special
instructions for the type of package being opened.
7. A licensee transferring a source of
radiation in a special form in a motor vehicle owned or operated by the
licensee to and from a work site is not required to comply with the
requirements of subsections 2 and 3, but shall ensure that the source of
radiation is still properly lodged in its shield.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R185-08,
5-7-2010; R144-13, 10-13-2016)
NAC 459.359 Disposal of waste: General requirements. (NRS 459.201)
1. A licensee shall dispose of licensed
radioactive material only:
(a) By transfer to an authorized recipient as
provided in NAC 459.180 to 459.3154, inclusive, and 459.8231 to 459.950, inclusive;
(b) By decay in storage;
(c) By release in effluents within the limits
specified in NAC 459.335; or
(d) As authorized pursuant to NAC 459.3595 to 459.3615, inclusive.
2. A person must be licensed by the Division
to receive waste containing licensed radioactive material from other persons
for:
(a) Treatment before disposal;
(b) Treatment or disposal by incineration;
(c) Decay in storage;
(d) Disposal at a land disposal facility licensed
pursuant to NAC 459.806 to 459.8225, inclusive; or
(e) Storage until it is transferred to a storage or
disposal facility authorized to receive the waste.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; R149-07, 1-30-2008; R144-13, 10-13-2016)
NAC 459.3595 Disposal of waste: Application for approval of proposed
procedures. (NRS
459.201) A
licensee or applicant for a license may apply to the Division for approval of
proposed procedures, not otherwise authorized pursuant to NAC 459.010 to 459.950, inclusive, to dispose of licensed
radioactive material generated in the operations of the licensee. Each
application must include:
1. A description of the waste containing the
licensed radioactive material to be disposed of, including, without limitation,
the physical and chemical properties that have an impact on evaluating the risk
of the proposed procedures, and the proposed manner and conditions of disposing
of the waste;
2. An analysis and evaluation of pertinent
information related to the impact of the proposed procedures on the
environment;
3. The nature and location of other
potentially affected facilities; and
4. Analyses and procedures to ensure that
doses are maintained as low as are reasonably achievable and within the limits
specified in NAC 459.325, 459.331, 459.333
and 459.335.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; R149-07, 1-30-2008)
NAC 459.3605 Disposal of waste: Release into sanitary sewerage. (NRS 459.201)
1. Except as otherwise provided in
subsection 2, a licensee may discharge licensed radioactive material into
sanitary sewerage only if each of the following conditions is satisfied:
(a) The material is readily soluble in water or is
readily dispersible biological material in water.
(b) The quantity of all radioactive material that
the licensee releases into the sanitary sewerage in 1 month divided by the
average monthly volume of water released into the sanitary sewerage by the
licensee does not exceed the concentration of radioactive material listed in
Table III of Appendix B.
(c) The total quantity of all radioactive material
that the licensee releases into the sanitary sewerage in 1 year does not exceed
5 curies of hydrogen-3, 1 curie of carbon-14 and 1 curie of all other
radioactive materials combined.
(d) If more than one radionuclide is released:
(1) The licensee determines the fraction of
the limits in Table III of Appendix B represented by discharges into sanitary
sewerage by dividing the actual monthly average concentration of each
radionuclide released by the licensee into the sanitary sewerage by the
concentration of that radionuclide listed in Table III of Appendix B; and
(2) The sum of the fractions for each
radionuclide required by subparagraph (1) does not exceed unity.
2. Excreta from persons undergoing medical
diagnosis or therapy with radioactive material is not subject to the
limitations contained in subsection 1.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99)
NAC 459.361 Disposal of waste: Treatment or disposal by incineration. (NRS 459.201) A licensee may treat or
dispose of licensed radioactive material by incineration only in the amounts
and forms:
1. Specified in NAC 459.3615; or
2. Approved by the Division pursuant to NAC 459.3595.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3615 Disposal of waste: Specific wastes. (NRS 459.201)
1. Except as otherwise provided in
subsection 2, a licensee may dispose of the following licensed radioactive
material as if it were not radioactive:
(a) Not more than 0.05 microcurie of hydrogen-3 or
carbon-14 per gram of medium used for liquid scintillation counting; and
(b) Not more than 0.05 microcurie of hydrogen-3 or
carbon-14 per gram of animal tissue, averaged over the weight of the entire
animal.
2. A licensee shall not dispose of tissue
under paragraph (b) of subsection 1 in a manner that would permit its use
either as food for humans or as feed for animals.
3. The licensee shall maintain records of
the disposal of radioactive material described in this section until the
Division terminates his or her license.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.362 Quantities of radioactive materials for signs, labels and
signals; disposal of waste. (NRS
459.201) The
following quantities must be used for the purposes of subsection 1 of NAC 459.1955:
|
Radioactive
Material
|
Microcuries
|
|
|
|
|
|
|
|
Americium-241
|
0.01
|
|
Antimony-122
|
100
|
|
Antimony-124
|
10
|
|
Antimony-125
|
10
|
|
Arsenic-73
|
100
|
|
Arsenic-74
|
10
|
|
Arsenic-76
|
10
|
|
Arsenic-77
|
100
|
|
Barium-131
|
10
|
|
Barium-133
|
10
|
|
Barium-140
|
10
|
|
Bismuth-210
|
1
|
|
Bromine-82
|
10
|
|
Cadmium-109
|
10
|
|
Cadmium-115m
|
10
|
|
Cadmium-115
|
100
|
|
Calcium-45
|
10
|
|
Calcium-47
|
10
|
|
Carbon-14
|
100
|
|
Cerium-141
|
100
|
|
Cerium-143
|
100
|
|
Cerium-144
|
1
|
|
Cesium-131
|
1,000
|
|
Cesium-134m
|
100
|
|
Cesium-134
|
1
|
|
Cesium-135
|
10
|
|
Cesium-136
|
10
|
|
Cesium-137
|
10
|
|
Chlorine-36
|
10
|
|
Chlorine-38
|
10
|
|
Chromium-51
|
1,000
|
|
Cobalt-58m
|
10
|
|
Cobalt-58
|
10
|
|
Cobalt-60
|
1
|
|
Copper-64
|
100
|
|
Dysprosium-165
|
10
|
|
Dysprosium-166
|
100
|
|
Erbium-169
|
100
|
|
Erbium-171
|
100
|
|
Europium-152 (9.2 h)
|
100
|
|
Europium-152 (13 yr)
|
1
|
|
Europium-154
|
1
|
|
Europium-155
|
10
|
|
Fluorine-18
|
1,000
|
|
Gadolinium-153
|
10
|
|
Gadolinium-159
|
100
|
|
Gallium-72
|
10
|
|
Germanium-71
|
100
|
|
Gold-198
|
100
|
|
Gold-199
|
100
|
|
Hafnium-181
|
10
|
|
Holmium-166
|
100
|
|
Hydrogen-3
|
1,000
|
|
Indium-113m
|
100
|
|
Indium-114m
|
10
|
|
Indium-115m
|
100
|
|
Indium-115
|
10
|
|
Iodine-125
|
1
|
|
Iodine-126
|
1
|
|
Iodine-129
|
0.1
|
|
Iodine-131
|
1
|
|
Iodine-132
|
10
|
|
Iodine-133
|
1
|
|
Iodine-134
|
10
|
|
Iodine-135
|
10
|
|
Iridium-192
|
10
|
|
Iridium-194
|
100
|
|
Iron-55
|
100
|
|
Iron-59
|
10
|
|
Krypton-85
|
100
|
|
Krypton-87
|
10
|
|
Lanthanum-140
|
10
|
|
Lutetium-177
|
100
|
|
Manganese-52
|
10
|
|
Manganese-54
|
10
|
|
Manganese-56
|
10
|
|
Mercury-197m
|
100
|
|
Mercury-197
|
100
|
|
Mercury-203
|
10
|
|
Molybdenum-99
|
100
|
|
Neodymium-147
|
100
|
|
Neodymium-149
|
100
|
|
Nickel-59
|
100
|
|
Nickel-63
|
10
|
|
Nickel-65
|
100
|
|
Niobium-93m
|
10
|
|
Niobium-95
|
10
|
|
Niobium-97
|
10
|
|
Osmium-185
|
10
|
|
Osmium-191m
|
100
|
|
Osmium-191
|
100
|
|
Osmium-193
|
100
|
|
Palladium-103
|
100
|
|
Palladium-109
|
100
|
|
Phosphorus-32
|
10
|
|
Platinum-191
|
100
|
|
Platinum-193m
|
100
|
|
Platinum-193
|
100
|
|
Platinum-197m
|
100
|
|
Platinum-197
|
100
|
|
Plutonium-239
|
0.01
|
|
Polonium-210
|
0.1
|
|
Potassium-42
|
10
|
|
Praseodymium-142
|
100
|
|
Praseodymium-143
|
100
|
|
Promethium-147
|
10
|
|
Promethium-149
|
10
|
|
Radium-226
|
0.01
|
|
Rhenium-186
|
100
|
|
Rhenium-188
|
100
|
|
Rhodium-103m
|
100
|
|
Rhodium-105
|
100
|
|
Rubidium-86
|
10
|
|
Rubidium-87
|
10
|
|
Ruthenium-97
|
100
|
|
Ruthenium-103
|
10
|
|
Ruthenium-105
|
10
|
|
Ruthenium-106
|
1
|
|
Samarium-151
|
10
|
|
Samarium-153
|
100
|
|
Scandium-46
|
10
|
|
Scandium-47
|
100
|
|
Scandium-48
|
10
|
|
Selenium-75
|
10
|
|
Silicon-31
|
100
|
|
Silver-105
|
10
|
|
Silver-110m
|
1
|
|
Silver-111
|
100
|
|
Sodium-24
|
10
|
|
Strontium-85
|
10
|
|
Strontium-89
|
1
|
|
Strontium-90
|
0.1
|
|
Strontium-91
|
10
|
|
Strontium-92
|
10
|
|
Sulphur-35
|
100
|
|
Tantalum-182
|
10
|
|
Technetium-96
|
10
|
|
Technetium-97m
|
100
|
|
Technetium-97
|
100
|
|
Technetium-99m
|
100
|
|
Technetium-99
|
10
|
|
Tellurium-125m
|
10
|
|
Tellurium-127m
|
10
|
|
Tellurium-127
|
100
|
|
Tellurium-129m
|
10
|
|
Tellurium-129
|
100
|
|
Tellurium-131m
|
10
|
|
Tellurium-132
|
10
|
|
Terbium-160
|
10
|
|
Thallium-200
|
100
|
|
Thallium-201
|
100
|
|
Thallium-202
|
100
|
|
Thallium-204
|
10
|
|
Thorium (natural) 1
|
100
|
|
Thulium-170
|
10
|
|
Thulium-171
|
10
|
|
Tin-113
|
10
|
|
Tin-125
|
10
|
|
Tungsten-181
|
10
|
|
Tungsten-185
|
10
|
|
Tungsten-187
|
100
|
|
Uranium (natural) 2
|
100
|
|
Uranium-233
|
0.01
|
|
Uranium-234
|
0.01
|
|
Uranium-235
|
0.01
|
|
Vanadium-48
|
10
|
|
Xenon-131m
|
1,000
|
|
Xenon-133
|
100
|
|
Xenon-135
|
100
|
|
Ytterbium-175
|
100
|
|
Yttrium-90
|
10
|
|
Yttrium-91
|
10
|
|
Yttrium-92
|
100
|
|
Yttrium-93
|
100
|
|
Zinc-65
|
10
|
|
Zinc-69m
|
100
|
|
Zinc-69
|
1,000
|
|
Zirconium-93
|
10
|
|
Zirconium-95
|
10
|
|
Zirconium-97
|
10
|
|
Any alpha-emitting radionuclide not listed above or
mixtures of alpha emitters of unknown composition
|
0.01
|
|
Any radionuclide other than alpha-emitting
radionuclides, not listed above or mixtures of beta emitters of unknown
composition
|
0.1
|
|
|
|
1 Based on alpha disintegration rate of Th
232, Th 230, and their daughter products.
2 Based on alpha disintegration rate of U 238,
U 234, and U 235.
[Bd. of Health, Radiation Control Reg. Art. 4, Appendix
B, eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.3625 General requirements for preparation and retention of records. (NRS 459.030, 459.201)
1. Except as otherwise provided in
subsection 5, each licensee and registrant shall use the units curie, rad, rem
and roentgen, including multiples and subdivisions thereof, to prepare the
records required by NAC 459.010 to 459.950, inclusive, and shall clearly
indicate the units of all quantities entered on those records.
2. The licensee or registrant shall make a
clear distinction among the quantities entered on the records required by NAC 459.010 to 459.950, inclusive, including, without
limitation:
(a) Committed effective dose equivalent;
(b) Deep-dose equivalent;
(c) Lens dose equivalent;
(d) Shallow-dose equivalent; and
(e) Total effective dose equivalent.
3. The licensee may record, in parentheses
following the unit measurements required pursuant to subsection 1, the
equivalent quantities expressed as unit measurements pursuant to the
International System of Units (SI).
4. A discontinuance or curtailment of the
activities of a licensee or registrant does not relieve that licensee or
registrant of the responsibility for retaining all records required by NAC 459.010 to 459.950, inclusive. A licensee or
registrant may request the Division to retain such records. An acceptance of
the records by the Division relieves the licensee or registrant of subsequent
responsibility only in respect to their retention as required by this section.
5. Each licensee or registrant shall use to
prepare shipment manifests required pursuant to NAC 459.8231:
(a) The International System of Units (SI); or
(b) The International System of Units (SI) and the
units set forth in subsection 1.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of
Health by R149-07, 1-30-2008)
NAC 459.363 Authorized forms of records for purposes of legibility and
content; safeguards. (NRS
459.201)
1. Each record required by NAC 459.010 to 459.950, inclusive, must be legible
throughout the specified period of retention. The record must:
(a) Be:
(1) The original;
(2) A reproduced copy or a microform, if the copy
or microform is authenticated by authorized personnel and, if microform is
used, the microform is capable of producing a clear copy throughout the
specified period of retention; or
(3) Stored in electronic media with the
capability for producing legible, accurate and complete records during the
specified period of retention; and
(b) Include all pertinent information, including,
without limitation, stamps, initials and signatures with regard to letters,
drawings or specifications.
2. A licensee or registrant shall maintain
adequate safeguards to prevent tampering with and the loss of records.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; R149-07, 1-30-2008; R144-13, 10-13-2016)
NAC 459.3635 Records of program for protection against radiation. (NRS 459.201)
1. Each licensee and registrant shall
maintain records of its program for protection against radiation required
pursuant to NAC 459.321, including:
(a) The provisions of the program; and
(b) The results of audits and other reviews of the
content and implementation of the program.
2. The licensee or registrant shall retain
the records required by paragraph (a) of subsection 1 until the Division
terminates each license or registration requiring the record. The licensee or
registrant shall retain each record required by paragraph (b) of subsection 1
for at least 3 years after the record is made.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3645 Records of surveys and calibrations. (NRS 459.201)
1. Each licensee and registrant shall
maintain records showing the results of surveys and calibrations required
pursuant to NAC 459.337 and 459.3585. Except as otherwise provided in
subsection 3 of NAC 459.337, the
licensee or registrant shall retain each such record for at least 3 years after
the record is made.
2. A licensee or registrant shall retain
each of the following records until the Division authorizes their disposal:
(a) Records of the results of surveys used to
determine the dose from external sources of radiation and, in the absence of or
in combination with individual monitoring data, in the assessment of individual
dose equivalents;
(b) Records of the results of measurements and
calculations used to determine individual intakes of radioactive material and
used in the assessment of internal doses;
(c) Records showing the results of sampling air and
surveys and bioassays required pursuant to subparagraphs (1) and (2) of
paragraph (c) of subsection 1 of NAC 459.349;
and
(d) Records of the results of measurements and
calculations used to evaluate the release of radioactive effluents into the
environment.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R144-13,
10-13-2016)
NAC 459.365 Records of prior occupational doses. (NRS 459.201)
1. For each person who is likely to receive,
in 1 year, an occupational dose requiring monitoring pursuant to NAC 459.339, the licensee or registrant
shall:
(a) Determine the occupational dose received by
that person during the current year; and
(b) Attempt to obtain the records of the lifetime
cumulative occupational dose received by that person.
2. Before permitting a person to participate
in a planned special exposure, the licensee or registrant shall determine:
(a) The internal and external doses received by
that person from all previous planned special exposures;
(b) All doses in excess of the limits, including,
without limitation, doses received during accidents and emergencies, received
during the lifetime of the person; and
(c) All lifetime cumulative occupational doses.
3. To comply with the requirements of
subsection 1, a licensee or registrant may:
(a) Accept, as a record of the occupational dose
that the person received during the current year, a signed written statement
from the person, or from his or her most recent employer for work involving
exposure to radiation, that discloses the nature and the amount of any
occupational dose that the person received during the current year.
(b) Accept, as the record of the lifetime
cumulative dose received by a person, a current form regarding history of
cumulative occupational exposure, signed by the person and countersigned by:
(1) An appropriate official of the most recent
employer of the person for work involving exposure to radiation; or
(2) The current employer of the person, if the
person is not employed by the licensee or registrant.
(c) Obtain reports regarding the dose equivalent of
a person from his or her most recent employer for work involving exposure to
radiation, or the current employer of the person if he or she is not employed
by the licensee or registrant, by telephone, telegram, facsimile, electronic
media or letter. The licensee or registrant shall request a written verification
of the data if the authenticity of the transmitted report cannot be
established.
4. A licensee or registrant shall record the
history of exposure of each person, as required by subsection 1, on a form
regarding history of cumulative occupational exposure, and shall include all
the information required by that form. The form must show each period in which
the person received occupational exposure to radiation or radioactive material
and must be signed by that person. For each period for which the licensee or
registrant obtains a report, the licensee or registrant shall use the dose shown
in the report in preparing the form regarding history of cumulative
occupational exposure. For any period in which the licensee or registrant does
not obtain a report, the licensee or registrant shall place a notation on the
form regarding history of cumulative occupational exposure indicating the
periods for which data is not available.
5. Licensees and registrants are not
required to reevaluate the separate dose equivalents received from sources of
radiation outside the body and committed dose equivalents or intakes of
radionuclides received from radioactive material taken into the body that are
assessed before January 18, 1994. Histories of occupational exposure obtained
and recorded on the form regarding history of cumulative occupational exposure
before January 18, 1994, may be used in the absence of specific information
regarding the intake of radionuclides by the person.
6. If the licensee or registrant is unable
to obtain a complete record of the current and previously accumulated
occupational dose of a person, the licensee or registrant shall:
(a) In establishing administrative controls
pursuant to subsection 6 of NAC 459.325
for the current year, assume that the allowable limits for the person are
reduced by 1.25 rems for each quarter for which records were unavailable and
the person was engaged in activities that could have resulted in occupational
exposure; and
(b) Assume that the person is not available for
planned special exposures.
7. The licensee or registrant shall retain
the records on the form regarding history of cumulative occupational exposure
until the Division terminates each license or registration requiring the
records. The licensee or registrant shall retain each record used in preparing
the form regarding history of cumulative occupational exposure for at least 3
years after that record is made.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99)
NAC 459.3655 Records of planned special exposures. (NRS 459.201)
1. For each planned special exposure
authorized by a licensee or registrant pursuant to NAC 459.329, that licensee or registrant
shall maintain records that describe:
(a) The exceptional circumstances requiring the use
of a planned special exposure;
(b) The name of the management official who
authorized the planned special exposure and a copy of the signed authorization;
(c) What actions were necessary;
(d) Why those actions were necessary;
(e) What precautions were taken to ensure that
doses were maintained at a level which was as low as was reasonably achievable;
(f) What individual and collective doses were
expected to result; and
(g) The doses actually received in the planned
special exposure.
2. The licensee or registrant shall retain
the records required pursuant to subsection 1 until the Division authorizes
their disposal.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3665 Records of results from individual monitoring. (NRS 459.030, 459.201)
1. Each licensee and registrant shall
maintain records of doses received by all persons for whom monitoring is
required pursuant to NAC 459.339, and
records of doses received by persons during planned special exposures,
accidents and emergency conditions. These records must include, when
applicable:
(a) The deep-dose equivalent to the whole body,
lens dose equivalent, shallow-dose equivalent to the skin and shallow-dose
equivalent to the extremities;
(b) The estimated intake of radionuclides;
(c) The committed effective dose equivalent
assigned to the intake of radionuclides;
(d) The specific information used to calculate the
committed effective dose equivalent pursuant to NAC 459.3275 and, when required, pursuant
to NAC 459.339;
(e) The total effective dose equivalent, when required
pursuant to NAC 459.3255; and
(f) The total of the deep-dose equivalent and the
committed dose to the organ receiving the highest total dose.
2. The licensee or registrant shall make
entries of the records specified in this section at intervals not to exceed 1
year.
3. The licensee or registrant shall maintain
the records required pursuant to this section on a record of occupational
exposure for a monitoring period, in accordance with the instructions for that
form provided by the Division.
4. The licensee or registrant shall maintain
the records of doses to an embryo with the records of doses to the woman
carrying the embryo who has declared her pregnancy. The records of the declaration
of pregnancy, including the estimated date of conception, must also be
maintained, but may be maintained separately from the records regarding doses.
5. The licensee or registrant shall retain
each form or record required by this section until the Division authorizes its
disposal.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.367 Records of dose to individual members of public. (NRS 459.201)
1. Each licensee and registrant shall
maintain records sufficient to demonstrate compliance with the limits specified
in NAC 459.335 for members of the
public.
2. The licensee or registrant shall retain
the records required by this section until the Division authorizes their
disposal.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3673 Records of disposal of waste. (NRS
459.201) Each
licensee shall maintain records of the disposal of licensed radioactive
materials made pursuant to the provisions of NAC
459.010 to 459.950, inclusive,
including any burial authorized before April 27, 1984. The licensee shall
retain the records required by this section until the Division terminates each
license or registration requiring the records.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; R149-07, 1-30-2008)
NAC 459.3675 Records of tests on entry control devices for very high radiation
areas. (NRS
459.201)
1. Each licensee and registrant shall
maintain records of tests made pursuant to NAC
459.345 on entry control devices for very high radiation areas. These
records must include the date, time and results of each such test of function.
2. The licensee or registrant shall retain each
record required by this section for at least 3 years after the record is made.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.368 Notice and reports to persons exposed to radiation or radioactive
material. (NRS
459.070, 459.201)
1. Requirements for notification and reports
to persons of exposure to radiation or radioactive material are specified in NAC 459.786.
2. When a licensee or registrant is required
by NAC 459.371 or 459.3715 to report to the Division any
exposure of an identified occupationally exposed person or an identified member
of the public to radiation or radioactive material, the licensee or registrant
shall also notify the person or member of the public who was exposed. The
notice must be transmitted at a time not later than the transmittal to the
Division, and the notice must comply with the provisions of subsection 1 of NAC 459.786.
[Bd. of Health, Radiation Control Reg. §§ 4.5.6 &
4.5.6.1, eff. 2-28-80]—(NAC A 1-18-94; R185-08, 5-7-2010)
NAC 459.369 Requirements for report of lost, stolen or missing licensed
radioactive material or radiation machines. (NRS
459.201)
1. Each licensee and registrant shall report
to the Division by telephone:
(a) Any lost, stolen or missing licensed
radioactive material in an aggregate quantity which is equal to or greater than
1,000 times the quantity specified in Appendix C, if it appears to the licensee
that an exposure could result to persons in unrestricted areas. The report must
be made immediately after the occurrence becomes known to the licensee.
(b) Any lost, stolen or missing licensed
radioactive material in an aggregate quantity which is greater than 10 times
the quantity specified in Appendix C within 30 days after the occurrence
becomes known to the licensee. The report is not required if the material is
located or otherwise recovered by the licensee or registrant within the
specified 30-day period.
(c) A lost, stolen or missing radiation machine.
The report must be made immediately after the occurrence becomes known to the
registrant.
2. Each licensee and registrant required to
make a report pursuant to subsection 1 shall, within 30 days after making the
report by telephone, file a written report with the Division setting forth the
following information:
(a) A description of the licensed or registered
source of radiation that is lost, stolen or missing, including:
(1) For licensed radioactive material, the
kind, quantity, and chemical and physical form of the material; and
(2) For a radiation machine, the manufacturer
and model and serial number of the machine and the type and maximum energy of
radiation emitted from the machine.
(b) A description of the circumstances under which
the loss or theft occurred.
(c) A statement of disposition, or probable
disposition, of the licensed or registered source of radiation.
(d) Exposures of persons to radiation emitted from
the licensed or registered source of radiation, the circumstances under which
the exposures occurred and the possible total effective dose equivalent to
persons in unrestricted areas.
(e) Actions that have been taken, or will be taken,
to recover the source of radiation.
(f) Procedures or measures that have been, or will
be, adopted to ensure against a recurrence of the loss or theft of licensed or
registered sources of radiation.
3. After filing the report required pursuant
to subsection 2, the licensee or registrant shall, within 30 days after
learning of any additional substantive information regarding the loss or theft,
file an additional written report with the Division.
4. The licensee or registrant shall prepare
any report filed with the Division pursuant to this section so that the names
of persons who may have received exposure to radiation are stated in a separate
and detachable portion of the report.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.3695 Report of certain incidents. (NRS
459.030, 459.070, 459.201)
1. Each licensee and registrant shall
immediately report to the Division each event involving a source of radiation
possessed by the licensee or registrant that may have caused, or threatens to
cause:
(a) A person to receive:
(1) A total effective dose equivalent of 25
rems (250 millisieverts) or more;
(2) A lens dose equivalent of 75 rems (750
millisieverts) or more; or
(3) A shallow-dose equivalent to the skin or
extremities or a total organ dose equivalent of 250 rads (2.5 grays) or more.
(b) The release of radioactive material, inside or
outside a restricted area, in a manner in which, had a person been present for
24 hours, the person could have received an intake of radiation that is five
times the annual limit on intake for occupational exposure. The provisions of
this paragraph do not apply to an area where personnel are not normally
stationed during routine operations.
2. Except as otherwise provided in NAC 459.369, each licensee and registrant
shall, within 24 hours after discovery, report to the Division each event
involving the loss of control of a licensed or registered source of radiation
possessed by the licensee or registrant that may have caused, or threatens to
cause:
(a) A person to receive, in a period of 24 hours:
(1) A total effective dose equivalent
exceeding 5 rems (50 millisieverts);
(2) A lens dose equivalent exceeding 15 rems
(150 millisieverts); or
(3) A shallow-dose equivalent to the skin or
extremities or a total organ dose equivalent exceeding 50 rems (500
millisieverts).
(b) The release of radioactive material, inside or
outside a restricted area, in a manner in which, had a person been present for
24 hours, the person could have received an intake of radiation that is more
than the annual limit on intake for occupational exposure. The provisions of
this paragraph do not apply to an area where personnel are not normally
stationed during routine operations.
3. The licensee or registrant shall prepare
each report filed with the Division pursuant to this section so that the names
of persons who have received exposure are stated in a separate and detachable
portion of the report.
4. Licensees or registrants shall make the
reports required by subsections 1 and 2 to the Division by telephone, telegram,
mailgram or facsimile.
5. The provisions of this section do not
apply to doses that result from planned special exposures, if such doses are
within the limits for planned special exposures and are reported pursuant to NAC 459.371.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.371 Submission of written reports for certain occurrences; contents
of reports. (NRS
459.030, 459.070, 459.201)
1. In addition to the notification required
by NAC 459.3695, each licensee and
registrant shall submit a written report to the Division within 30 days after
learning of any of the following occurrences:
(a) Incidents for which notification is required
pursuant to NAC 459.3695.
(b) Doses in excess of:
(1) The limits for an occupational dose for an
adult specified in NAC 459.325;
(2) The limits for an occupational dose for a
minor specified in NAC 459.331;
(3) The limits for an embryo of a woman who
has declared her pregnancy specified in NAC
459.333;
(4) The limits for a member of the public
specified in NAC 459.335;
(5) Any applicable limits set forth in the
license or registration; or
(6) The constraints on air emissions of
radioactive material, excluding radon 222 and its decay products, specified in
subsection 2 of NAC 459.321.
(c) Levels of radiation or concentrations of
radioactive material in:
(1) A restricted area in excess of any
applicable limits set forth in the license or registration; or
(2) An unrestricted area in excess of 10 times
the applicable limits set forth in NAC
459.010 to 459.950, inclusive, or in
the license or registration.
(d) For licensees subject to the provisions of the
generally applicable environmental standards for radiation of the United States
Environmental Protection Agency set forth in 40 C.F.R. Part 190, levels of
radiation or releases of radioactive material in excess of those standards, or
of conditions set forth in the license related to those standards.
2. Each report required pursuant to
subsection 1 must describe the extent of exposure of persons to radiation and
radioactive material, including, as appropriate:
(a) Estimates of the dose of each person;
(b) The levels of radiation and concentrations of
radioactive material involved;
(c) The cause of the elevated exposures, dose rates
or concentrations; and
(d) Corrective steps taken or planned to ensure
against a recurrence, including, without limitation, the schedule for achieving
conformance with applicable limits, constraints on air emissions of radioactive
material, excluding radon 222 and its decay products, specified in subsection 2
of NAC 459.321, generally applicable
environmental standards for radiation of the United States Environmental
Protection Agency and associated conditions set forth in the license or
registration.
3. Each report filed pursuant to this
section must include, for each person exposed, his or her name, social security
number and date of birth. With respect to reports of exposure to an embryo, the
information must relate to the woman carrying the embryo. The report must be
prepared so that the information required by this subsection is stated in a
separate and detachable portion of the report.
(Added to NAC by Bd. of Health, eff. 1-18-94; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of
Health by R149-07, 1-30-2008)
NAC 459.3715 Submission of written reports after planned special exposures. (NRS 459.201) Each licensee and
registrant shall submit a written report to the Division within 30 days
following any planned special exposure conducted in accordance with NAC 459.329 informing the Division that a
planned special exposure was conducted, and including the date the planned
special exposure occurred and the information required by NAC 459.3655.
(Added to NAC by Bd. of Health, eff. 1-18-94)
NAC 459.373 Additional reporting requirements. (NRS 459.201) In addition to complying
with any other reporting requirements specified in NAC 459.010 to 459.950, inclusive, a licensee shall comply
with the following reporting requirements:
1. Each licensee shall notify the Division
as soon as possible, but not later than 4 hours, after the discovery of an
event that prevents immediate protective actions to be taken that are necessary
to avoid exposure to radiation or radioactive materials that could exceed the
limits specified in NAC 459.010 to 459.950, inclusive.
2. Each licensee shall notify the Division
within 24 hours after the discovery of any of the following events involving
licensed radioactive material:
(a) An unplanned event causing radioactive
contamination that:
(1) Requires access to the contaminated area
by workers or members of the public to be restricted for more than 24 hours by
imposing additional radiological controls or by prohibiting entry into the
area, if such a restriction is imposed for any reason other than to allow
isotopes with a half-life of less than 24 hours to decay in storage before
decontamination; and
(2) Involves a quantity of radioactive
material which is greater than five times the lowest annual limit on intake
specified in Appendix B for that material.
(b) An event in which equipment is disabled or
fails to function as designed if:
(1) The equipment is required pursuant to NAC 459.010 to 459.950, inclusive, or as a condition of a
license, to prevent releases of or exposure to radioactive materials exceeding
the limits specified in NAC 459.010 to 459.950, inclusive, or to mitigate the
consequences of an accident;
(2) The equipment is required to be available
and operable when it is disabled or fails to function; and
(3) Other equipment is not available and
operable to perform the required safety function.
(c) An event that requires unplanned medical
treatment at a medical facility for a person who has spreadable radioactive
contamination on his or her clothing or body.
(d) An unplanned fire or explosion damaging any
licensed radioactive material or any device, container or equipment containing
licensed radioactive material if:
(1) The quantity of radioactive material
involved is greater than five times the lowest annual limit on intake specified
in Appendix B for that radioactive material; and
(2) The damage affects the integrity of the
licensed radioactive material or its container.
3. Reports made by a licensee pursuant to
this section must be made as follows:
(a) A licensee shall make the reports required by
subsections 1 and 2 by telephone. To the extent that the information is available
at the time of notification by telephone, the information provided in these
reports must include, without limitation:
(1) The name and telephone number of the
caller;
(2) A description of the event, including,
without limitation, the date and time of the event;
(3) The exact location of the event;
(4) The isotopes, quantities and chemical and
physical form of the licensed radioactive material involved; and
(5) Any data regarding the exposure of persons
to radiation because of the event.
(b) Except as otherwise provided in paragraph (c),
each licensee who makes a report by telephone shall submit a written report to
the Division within 30 days after the report by telephone is made. The written
report must contain:
(1) A description of the event, including,
without limitation, the probable cause of the event and the manufacturer and
model number of any equipment that failed or malfunctioned;
(2) The exact location of the event;
(3) The isotopes, quantities and chemical and
physical form of the licensed radioactive material involved;
(4) The date and time of the event;
(5) Any corrective actions taken or planned
regarding the event;
(6) The results of any evaluations or
assessments regarding the event; and
(7) The extent of any exposure of persons to
radiation or to radioactive materials because of the event, without identifying
those persons by name.
(c) A licensee is not required to comply with the
provisions of paragraph (b) if a report submitted pursuant to NAC 459.010 to 459.950, inclusive, contains all the
information required by paragraph (b).
(Added to NAC by Bd. of
Health, eff. 1-18-94; A by R084-98, 1-26-99; R149-07, 1-30-2008)
NAC 459.374 Notice of intent to vacate premises. (NRS 459.201) Each specific licensee
must, no less than 30 days before vacating or relinquishing possession or
control of premises which may have been contaminated with radioactive material
as a result of his or her activities, notify the Division in writing of intent
to vacate. When deemed necessary by the Division, the licensee shall
decontaminate the premises in the manner specified by the Division.
[Bd. of Health, Radiation Control Reg. § 4.5.5, eff. 2-28-80]
Radioactive Materials in the Healing Arts
NAC 459.3801 Restricted area: Release for unrestricted use. (NRS 459.201) A restricted area in which
a licensee has used or stored radioactive material must not be released for
unrestricted use until the Division has given its approval in writing.
(Added to NAC by Bd. of Health, eff. 11-1-95)
NAC 459.3805 Restricted area: Persons authorized to enter. (NRS 459.201) Only those persons who
perform work in a restricted area are authorized to enter such areas. A
licensee shall not allow any other person to enter a restricted area.
(Added to NAC by Bd. of Health, eff. 11-1-95)
X-Rays in the Healing Arts
NAC 459.400 Definitions. As
used in NAC 459.400 to 459.624, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.402 to 459.546, inclusive, have the meanings
ascribed to them in those sections.
(Supplied in codification; A by Bd. of Health by R185-08,
5-7-2010)
NAC 459.402 “Accessible surface” defined. (NRS
459.201) “Accessible
surface” means the external surface of the enclosure or housing provided by the
manufacturer.
[Bd. of Health, Radiation Control Reg. § 6.2.1, eff. 2-28-80]
NAC 459.404 “Added filtration” defined. (NRS
459.201) “Added
filtration” means any filtration added to the inherent filtration.
[Bd. of Health, Radiation Control Reg. § 6.2.2, eff. 2-28-80]—(NAC
A 4-27-84)
NAC 459.406 “Aluminum equivalent” defined. (NRS
459.201) “Aluminum
equivalent” means the thickness of aluminum (type 1100 alloy) affording the
same attenuation, under specified conditions, as the material in question. The
nominal chemical composition of type 1100 aluminum alloy is 99 percent minimum
aluminum, 0.12 percent copper.
[Bd. of Health, Radiation Control Reg. § 6.2.3, eff. 2-28-80]
NAC 459.408 “Attenuation block” defined. (NRS
459.201) “Attenuation
block” means a block or stack having the dimensions 20 cm by 20 cm by 3.8 cm,
of type 1100 aluminum alloy or other materials having equivalent attenuation.
[Bd. of Health, Radiation Control Reg. § 6.2.4, eff. 2-28-80]
NAC 459.410 “Automatic exposure control” defined. (NRS 459.201) “Automatic exposure
control” means a device which automatically controls one or more technique
factors in order to obtain at a preselected location a required quantity of
radiation.
[Bd. of Health, Radiation Control Reg. § 6.2.5, eff. 2-28-80]
NAC 459.412 “Beam axis” defined. (NRS
459.201) “Beam
axis” means a line from the source through the centers of the X-ray fields.
[Bd. of Health, Radiation Control Reg. § 6.2.6, eff. 2-28-80]
NAC 459.414 “Beam-limiting device” defined. (NRS
459.201) “Beam-limiting
device” means a device which provides a means to restrict the dimensions of the
X-ray field.
[Bd. of Health, Radiation Control Reg. § 6.2.7, eff. 2-28-80]
NAC 459.416 “Changeable filters” defined. (NRS
459.201) “Changeable
filters” means any filter, exclusive of inherent filtration, which can be
removed from the useful beam through any electronic, mechanical or physical
process.
[Bd. of Health, Radiation Control Reg. § 6.2.8, eff. 2-28-80]
NAC 459.418 “Coefficient of variation” defined. (NRS 459.201) “Coefficient of
variation,” abbreviated as “C,” means the ratio of the standard deviation to
the mean value of a population of observations. It is estimated using the
following equation:
C
(Coefficient of Variation) = 
where
s = Estimated
standard deviation of the population.
= Mean
value of observations in sample.
Xi = ith
observation in sample.
n = Number of observations
in sample.
[Bd. of Health, Radiation Control Reg. § 6.2.9, eff. 2-28-80]—(NAC
A by R084-98, 1-26-99)
NAC 459.420 “Contact therapy system” defined. (NRS 459.201) “Contact therapy system”
means a system in which an X-ray tube port is put in contact with or within 5
centimeters of the surface being treated.
[Bd. of Health, Radiation Control Reg. § 6.2.10, eff. 2-28-80]
NAC 459.422 “Control panel” defined. (NRS
459.201) “Control
panel” means that part of the X-ray control where the switches, knobs,
pushbuttons and other hardware are mounted which are necessary for manually
setting the technique factors.
[Bd. of Health, Radiation Control Reg. § 6.2.11, eff. 2-28-80]
NAC 459.424 “Cooling curve” defined. (NRS
459.201) “Cooling
curve” means the graphical relationship between heat units stored and cooling
time.
[Bd. of Health, Radiation Control Reg. § 6.2.12, eff. 2-28-80]
NAC 459.426 “Dead-man switch” defined. (NRS
459.201) “Dead-man
switch” means a switch constructed so that a circuit closing contact can be
maintained only by continuous pressure on the switch by the operator.
[Bd. of Health, Radiation Control Reg. § 6.2.13, eff. 2-28-80]
NAC 459.428 “Diagnostic source assembly” defined. (NRS 459.201) “Diagnostic source
assembly” means the tube housing assembly with a beam-limiting device attached.
[Bd. of Health, Radiation Control Reg. § 6.2.14, eff. 2-28-80]
NAC 459.430 “Diagnostic-type protective tube housing” defined. (NRS 459.201) “Diagnostic-type protective
tube housing” means a tube housing so constructed that the leakage radiation
measured at a distance of 1 meter from the source does not exceed 100 mr in 1
hour when the tube is operated at its leakage technique factors.
[Bd. of Health, Radiation Control Reg. § 6.2.15, eff. 2-28-80]
NAC 459.432 “Diagnostic X-ray system” defined. (NRS 459.201) “Diagnostic X-ray system”
means an X-ray system designed for irradiation of any part of the human body
for diagnosis or visualization.
[Bd. of Health, Radiation Control Reg. § 6.2.16, eff. 2-28-80]
NAC 459.434 “Direct scattered radiation” defined. (NRS 459.201) “Direct scattered
radiation” means scattered radiation which has been deviated in direction only
by materials irradiated by the useful beam.
[Bd. of Health, Radiation Control Reg. § 6.2.17, eff. 2-28-80]
NAC 459.436 “Entrance exposure rate” defined. (NRS 459.201) “Entrance exposure rate”
means the roentgens per unit of time at the point where the center of the
useful beam enters the patient.
[Bd. of Health, Radiation Control Reg. § 6.2.18, eff. 2-28-80]
NAC 459.440 “Field emission equipment” defined. (NRS 459.201) “Field emission equipment”
means equipment which uses an X-ray tube in which electron emission from the
cathode is due solely to the action of an electric field.
[Bd. of Health, Radiation Control Reg. § 6.2.20, eff. 2-28-80]
NAC 459.442 “Filter” defined. (NRS
459.201) “Filter”
means material placed in the useful beam to absorb preferentially selected
radiations.
[Bd. of Health, Radiation Control Reg. § 6.2.21, eff. 2-28-80]—(NAC
A 4-27-84)
NAC 459.444 “Fluoroscopic imaging assembly” defined. (NRS 459.201) “Fluoroscopic imaging assembly”
means a component which comprises a reception system in which X-ray photons
produce a fluoroscopic image. It includes equipment housings, electrical
interlocks, if any, the primary protective barrier and structural material
providing linkage between the image receptor and the diagnostic source
assembly.
[Bd. of Health, Radiation Control Reg. § 6.2.22, eff. 2-28-80]
NAC 459.446 “General purpose radiographic X-ray system” defined. (NRS 459.201) “General purpose
radiographic X-ray system” means any radiographic X-ray system which by design
is not limited to radiographic examination of specific anatomical regions.
[Bd. of Health, Radiation Control Reg. § 6.2.23, eff. 2-28-80]
NAC 459.450 “Half-value layer” defined. (NRS
459.201) “Half-value
layer,” abbreviated as “HVL,” means the thickness of specified material which
attenuates the beam of radiation to an extent that the exposure rate is reduced
to one-half of its original value. In this definition the contribution of all
scattered radiation, other than any which may be present initially in the beam
concerned, is considered excluded.
[Bd. of Health, Radiation Control Reg. § 6.2.25, eff. 2-28-80]—(NAC
A 4-27-84)
NAC 459.452 “Image intensifier” defined. (NRS
459.201) “Image
intensifier” means a device, including housing, which instantaneously converts
an X-ray pattern into a corresponding light image of higher energy density.
[Bd. of Health, Radiation Control Reg. § 6.2.26, eff. 2-28-80]
NAC 459.454 “Image receptor” defined. (NRS
459.201) “Image
receptor” means any device, such as a fluorescent screen or radiographic film,
which transforms incident X-ray photons either into a visible image or into
another form which can be made into a visible image by further transformations.
[Bd. of Health, Radiation Control Reg. § 6.2.27, eff. 2-28-80]
NAC 459.456 “Inherent filtration” defined. (NRS
459.201) “Inherent
filtration” means the filtration permanently in the useful beam; it includes
the window of the X-ray tube and any permanent tube or source enclosure.
[Bd. of Health, Radiation Control Reg. § 6.2.28, eff. 2-28-80]
NAC 459.458 “Kilowatt second” defined. (NRS
459.201) “Kilowatt
second,” abbreviated as “kWs,” is equal to the product of peak kilovolts,
amperes and seconds or (1000) (kV) (mA) (sec).
[Bd. of Health, Radiation Control Reg. § 6.2.29, eff. 2-28-80]
NAC 459.460 “Lead equivalent” defined. (NRS
459.201) “Lead
equivalent” means the thickness of lead affording the same attenuation, under
specified conditions, as the material in question.
[Bd. of Health, Radiation Control Reg. § 6.2.30, eff. 2-28-80]
NAC 459.462 “Leakage radiation” defined. (NRS
459.201) “Leakage
radiation” means radiation emanating from the diagnostic or therapeutic source
assembly except for:
1. The useful beam; and
2. Radiation produced when the exposure
switch or timer is not activated.
[Bd. of Health, Radiation Control Reg. §§ 6.2.31-6.2.31.2,
eff. 2-28-80]
NAC 459.464 “Leakage technique factors” defined. (NRS 459.201) “Leakage technique
factors” means the technique factors associated with the tube housing assembly
which are used in measuring leakage radiation. They are defined as follows:
1. For capacitor energy storage equipment,
the maximum rated number of exposures in an hour for operation at the maximum
rated peak tube potential with the quantity of charge per exposure being 10
millicoulombs (mAs) or the minimum obtainable from the unit, whichever is
larger.
2. For field emission equipment rated for
pulsed operation, the maximum rated number of X-ray pulses in an hour for
operation at the maximum rated peak tube potential.
3. For all other equipment, the maximum
rated continuous tube current for the maximum rated peak tube potential.
[Bd. of Health, Radiation Control Reg. §§ 6.2.32-6.2.32.3,
eff. 2-28-80]
NAC 459.466 “Light field” defined. (NRS
459.201) “Light
field” means that area of the intersection of the light beam from the
beam-limiting device and one of the set of planes parallel to and including the
plane of the image receptor, whose perimeter is the locus of points at which
the illumination is one-fourth of the maximum in the intersection.
[Bd. of Health, Radiation Control Reg. § 6.2.33, eff. 2-28-80]
NAC 459.468 “Maximum line current” defined. (NRS
459.201) “Maximum
line current” means the root mean square (rms) current in the supply line of a
radiation machine operating at its maximum rating.
[Bd. of Health, Radiation Control Reg. § 6.2.34, eff. 2-28-80]—(NAC
A by R144-13, 10-13-2016)
NAC 459.470 “Mobile equipment” defined. (NRS
459.201) “Mobile
equipment” means X-ray equipment mounted on a permanent base with wheels or
castors for movement while completely assembled.
[Bd. of Health, Radiation Control Reg. § 6.2.35, eff. 2-28-80]
NAC 459.472 “Peak tube potential” defined. (NRS
459.201) “Peak
tube potential” means the maximum value of the potential difference across the
X-ray tube during an exposure.
[Bd. of Health, Radiation Control Reg. § 6.2.36, eff. 2-28-80]
NAC 459.474 “Phototimer” defined. (NRS
459.201) “Phototimer”
means a method for controlling radiation exposure to image receptors by the
amount of radiation which reaches a radiation monitoring device or devices. The
radiation monitoring device or devices are part of an electronic circuit which
controls the duration of time the tube is activated.
[Bd. of Health, Radiation Control Reg. § 6.2.37, eff. 2-28-80]
NAC 459.476 “Portable equipment” defined. (NRS
459.201) “Portable
equipment” means X-ray equipment designed by a manufacturer to be hand-held or
hand-carried.
[Bd. of Health, Radiation Control Reg. § 6.2.38, eff. 2-28-80]—(NAC
A by R185-08, 5-7-2010)
NAC 459.478 “Position indicating device” defined. (NRS 459.201) “Position indicating
device” means a device on dental X-ray equipment used to indicate the beam
position and to establish a definite source-surface or skin distance. It may or
may not incorporate or serve as a beam-limiting device.
[Bd. of Health, Radiation Control Reg. § 6.2.39, eff. 2-28-80]
NAC 459.480 “Primary protective barrier” defined. (NRS 459.201) “Primary protective
barrier” means the material, excluding filters, placed in the useful beam, for
protection purposes, to reduce the radiation exposure.
[Bd. of Health, Radiation Control Reg. § 6.2.41.1, eff.
2-28-80]
NAC 459.482 “Protective apron” defined. (NRS
459.201) “Protective
apron” means an apron made of radiation absorbing materials, used to reduce
radiation exposure.
[Bd. of Health, Radiation Control Reg. § 6.2.40, eff. 2-28-80]
NAC 459.484 “Protective barrier” defined. (NRS
459.201) “Protective
barrier” means a barrier of radiation absorbing material or materials used to
reduce radiation exposure.
[Bd. of Health, Radiation Control Reg. § 6.2.41, eff. 2-28-80]
NAC 459.486 “Protective glove” defined. (NRS
459.201) “Protective
glove” means a glove made of radiation absorbing materials used to reduce
radiation exposure.
[Bd. of Health, Radiation Control Reg. § 6.2.42, eff. 2-28-80]
NAC 459.488 “Qualified expert” defined. (NRS
459.201) “Qualified
expert” means a person who has demonstrated to the satisfaction of the Division
that he or she possesses the knowledge and training to measure ionizing
radiation, to evaluate safety techniques and to advise regarding radiation
protection needs.
[Bd. of Health, Radiation Control Reg. § 6.2.43, eff. 2-28-80]
NAC 459.490 “Radiograph” defined. (NRS
459.201) “Radiograph”
means an image receptor on which the image is created directly or indirectly by
an X-ray pattern and results in a permanent record.
[Bd. of Health, Radiation Control Reg. § 6.2.44, eff. 2-28-80]
NAC 459.492 “Radiographic imaging system” defined. (NRS 459.201) “Radiographic imaging
system” means any system in which a permanent or semipermanent image is
recorded on an image receptor by the action of ionizing radiation.
[Bd. of Health, Radiation Control Reg. § 6.2.45, eff. 2-28-80]
NAC 459.494 “Rating” defined. (NRS
459.201) “Rating”
means the operating limits specified by the component manufacturer.
[Bd. of Health, Radiation Control Reg. § 6.2.46, eff. 2-28-80]
NAC 459.496 “Recording” defined. (NRS
459.201) “Recording”
means producing a permanent form of an image resulting from X-ray photons, for
example, a film or videotape.
[Bd. of Health, Radiation Control Reg. § 6.2.47, eff. 2-28-80]
NAC 459.500 “Response time” defined. (NRS
459.201) “Response
time” means the time required for an instrument system to reach 90 percent of
its final reading when the radiation-sensitive volume of the instrument system
is exposed to a step change in radiation flux from zero sufficient to provide a
steady state midscale reading.
[Bd. of Health, Radiation Control Reg. § 6.2.49, eff. 2-28-80]
NAC 459.502 “Scattered radiation” defined. (NRS
459.201) “Scattered
radiation” means radiation that, during passage through matter, has been
deviated in direction.
[Bd. of Health, Radiation Control Reg. § 6.2.50, eff. 2-28-80]
NAC 459.504 “Secondary protective barrier” defined. (NRS 459.201) “Secondary protective
barrier” means a barrier sufficient to attenuate the stray radiation to the
required degree.
[Bd. of Health, Radiation Control Reg. § 6.2.41.2, eff.
2-28-80]
NAC 459.506 “Source” defined. (NRS
459.201) “Source”
means the focal spot of the X-ray tube.
[Bd. of Health, Radiation Control Reg. § 6.2.51, eff. 2-28-80]
NAC 459.508 “Source-image receptor distance” defined. (NRS 459.201) “Source-image receptor
distance,” abbreviated as “SID,” means the distance from the source to the
center of the input surface of the image receptor.
[Bd. of Health, Radiation Control Reg. § 6.2.52, eff. 2-28-80]—(NAC
A by R144-13, 10-13-2016)
NAC 459.510 “Spot film” defined. (NRS
459.201) “Spot
film” means a radiograph which is made during a fluoroscopic examination to
permanently record conditions which exist during that fluoroscopic procedure.
[Bd. of Health, Radiation Control Reg. § 6.2.53, eff. 2-28-80]
NAC 459.512 “Stationary equipment” defined. (NRS
459.201) “Stationary
equipment” means X-ray equipment which is installed in a fixed location.
[Bd. of Health, Radiation Control Reg. § 6.2.54, eff. 2-28-80]
NAC 459.514 “Stray radiation” defined. (NRS
459.201) “Stray
radiation” means the sum of leakage and scattered radiation.
[Bd. of Health, Radiation Control Reg. § 6.2.55, eff. 2-28-80]
NAC 459.516 “Technique factors” defined. (NRS
459.201) “Technique
factors” means the conditions of operation. They are specified as follows:
1. For capacitor energy storage equipment,
peak tube potential in kV and quantity of charge in mAs.
2. For field emission equipment rated for
pulsed operation, peak tube potential in kV and number of X-ray pulses.
3. For all other equipment, peak tube
potential in kV and either tube current in mA and exposure time in seconds, or
the product of tube current and exposure time in mAs.
[Bd. of Health, Radiation Control Reg. §§ 6.2.56-6.2.56.3,
eff. 2-28-80]
NAC 459.518 “Therapeutic-type protective tube housing” defined. (NRS 459.201) “Therapeutic-type
protective tube housing” means the tube housing with tube installed and it
includes high voltage or filament transformers, or both, and other appropriate
elements when they are contained within that housing.
[Bd. of Health, Radiation Control Reg. § 6.2.57, eff. 2-28-80]
NAC 459.520 “Transportable equipment” defined. (NRS 459.201) “Transportable equipment”
means X-ray equipment installed in a vehicle or trailer.
[Bd. of Health, Radiation Control Reg. § 6.2.58, eff. 2-28-80]
NAC 459.522 “Tube” defined. (NRS
459.201) “Tube”
means an X-ray tube, unless otherwise specified.
[Bd. of Health, Radiation Control Reg. § 6.2.59, eff. 2-28-80]
NAC 459.524 “Tube housing assembly” defined. (NRS
459.201) “Tube
housing assembly” means the tube housing with tube installed. It includes
high-voltage or filament transformers, or both, and other appropriate elements
when they are contained within the tube housing.
[Bd. of Health, Radiation Control Reg. § 6.2.60, eff. 2-28-80]
NAC 459.526 “Tube rating chart” defined. (NRS
459.201) “Tube
rating chart” means the set of curves which specify the rated limits of
operation of the tube in terms of the technique factors.
[Bd. of Health, Radiation Control Reg. § 6.2.61, eff. 2-28-80]
NAC 459.528 “Useful beam” defined. (NRS
459.201) “Useful
beam” means the radiation which passes through the tube housing port and the
aperture of the beam-limiting device when the exposure switch or timer is
activated.
[Bd. of Health, Radiation Control Reg. § 6.2.62, eff. 2-28-80]
NAC 459.530 “Variable aperture beam-limiting device” defined. (NRS 459.201) “Variable aperture
beam-limiting device” means a beam-limiting device, commonly referred to as an
adjustable collimator, which has capacity for stepless adjustment of the X-ray
field size at a given source-image receptor distance.
[Bd. of Health, Radiation Control Reg. § 6.2.63, eff. 2-28-80]—(NAC
A by R144-13, 10-13-2016)
NAC 459.532 “Visible area” defined. (NRS
459.201) “Visible
area” means that portion of the input surface of the image receptor over which
incident X-ray photons produce a visible image.
[Bd. of Health, Radiation Control Reg. § 6.2.64, eff. 2-28-80]
NAC 459.534 “X-ray control” defined. (NRS
459.201) “X-ray
control” means a device which controls input power to the X-ray high-voltage
generator or the X-ray tube. It includes equipment which controls the technique
factors of an X-ray exposure.
[Bd. of Health, Radiation Control Reg. § 6.2.65, eff. 2-28-80]
NAC 459.536 “X-ray equipment” defined. (NRS
459.201) “X-ray
equipment” means an X-ray system, subsystem or component. This term includes
mobile, portable, stationary and transportable X-ray equipment.
[Bd. of Health, Radiation Control Reg. § 6.2.66, eff. 2-28-80]
NAC 459.538 “X-ray field” defined. (NRS
459.201) “X-ray
field” means the area of the intersection of the useful beam and any one of the
set of planes parallel to and including the plane of the image receptor, whose
perimeter is the locus of points at which the exposure rate is one-fourth of
the maximum in the intersection.
[Bd. of Health, Radiation Control Reg. § 6.2.67, eff. 2-28-80]
NAC 459.540 “X-ray high-voltage generator” defined. (NRS 459.201) “X-ray high-voltage
generator” means a device which transforms electrical energy from the potential
supplied by the X-ray control to the tube operating potential. The device may
also include means for transforming alternating current to direct current,
filament transformers for the X-ray tube or tubes, high-voltage switches,
electrical protective devices and other appropriate elements.
[Bd. of Health, Radiation Control Reg. § 6.2.68, eff. 2-28-80]
NAC 459.542 “X-ray system” defined. (NRS
459.201) “X-ray
system” means an assemblage of components for the controlled production of
X-rays. It includes minimally an X-ray high-voltage generator, an X-ray
control, a tube housing assembly, a beam-limiting device, and the necessary
supporting structures. Additional components which function with the system are
considered integral parts of the system.
[Bd. of Health, Radiation Control Reg. § 6.2.69, eff. 2-28-80]
NAC 459.544 “X-ray subsystem” defined. (NRS
459.201) “X-ray
subsystem” means any combination of two or more components of an X-ray system
for which there are requirements specified in NAC
459.400 to 459.624, inclusive.
[Bd. of Health, Radiation Control Reg. § 6.2.70, eff. 2-28-80]
NAC 459.546 “X-ray tube” defined. (NRS
459.201) “X-ray
tube” means any electron tube which is designed for the conversion of
electrical energy into X-radiation.
[Bd. of Health, Radiation Control Reg. § 6.2.71, eff. 2-28-80]—(NAC
A 4-27-84)
NAC 459.550 Scope. (NRS
459.201) NAC 459.400 to 459.624, inclusive, establishes
requirements, binding upon registrants, for use of X-ray equipment by
prescription from or under the supervision of a person authorized by and
licensed in accordance with state statutes to engage in the healing arts or
veterinary medicine. Those sections are in addition to other applicable
provisions of NAC 459.010 to 459.794, inclusive.
[Bd. of Health, Radiation Control Reg. § 6.1, eff. 2-28-80]—(NAC
A 4-27-84)
NAC 459.551 Notification and report of medical misadministration; maintenance
of record of medical misadministration. (NRS
459.201)
1. A registrant for a radiation machine,
including, without limitation, a therapeutic X-ray system, shall:
(a) Notify the Division by telephone not later than
the next calendar day after the discovery of a medical misadministration; and
(b) Submit a written report to the Division within
15 days after the discovery of the medical misadministration. The written
report must include, without limitation:
(1) The name of the registrant;
(2) The name of the prescribing physician;
(3) A brief description of the medical
misadministration;
(4) An explanation as to why the medical
misadministration occurred;
(5) The effect, if any, on the person who
received the administration of radiation;
(6) The actions, if any, that have been taken
or are planned to be taken to prevent reoccurrence; and
(7) Certification that the registrant notified
the person who is the subject of the medical misadministration of the medical
misadministration as required by subsection 3 or notified that person’s
responsible relative or guardian as authorized by subsection 5 or, if such
notification was not provided, the reason why the notification was not
provided.
2. The report submitted pursuant to
subsection 1 must not contain the name of the person who is the subject of the
medical misadministration or any information that could lead to identification
of the person.
3. Except as otherwise provided in this
subsection and subsections 4 and 5, the registrant shall, not later than 24
hours after discovery of the medical misadministration, provide notification of
the medical misadministration to the referring physician and to the person who
is the subject of the medical misadministration unless the referring physician
personally informs the registrant that:
(a) He or she will inform the person; or
(b) Based on medical judgment, notifying the person
would be harmful.
4. The registrant is not required to notify
the person who is the subject of the medical misadministration without first
consulting the referring physician. If the referring physician or the person
who is the subject of the medical misadministration cannot be reached within 24
hours after discovery of the medical misadministration, the registrant shall
notify the person as soon as possible thereafter. The registrant may not delay
any appropriate medical care for the person, including any necessary remedial
care as a result of the medical misadministration, because of any delay in
notification.
5. To meet the requirements of this section,
the notification of the person who is the subject of the medical
misadministration may be made instead to that person’s responsible relative or
guardian. If a verbal notification is made, the registrant shall inform the
person, or the appropriate responsible relative or guardian, that a written
description of the medical misadministration can be obtained from the
registrant upon request. The registrant shall provide such a written
description if so requested.
6. Aside from the notification requirement,
nothing in this section affects any rights or duties of registrants and
physicians in relation to each other, to persons affected by the medical
misadministration or to the responsible relatives or guardians of a person
affected by the medical misadministration.
7. The registrant shall:
(a) Make and retain for not less than 3 years a
record of each medical misadministration reported pursuant to this section. The
record must include, without limitation:
(1) The information required to be included in
the written report submitted to the Division pursuant to subparagraphs (1) to
(6), inclusive, of paragraph (b) of subsection 1;
(2) The name and social security number or
other identification number, if one has been assigned, of the person who is the
subject of the medical misadministration; and
(3) A statement indicating whether the
registrant notified the person who is the subject of the medical
misadministration of the medical misadministration or notified that person’s
responsible relative or guardian of the medical misadministration and, if not,
whether the failure to notify such persons was based on the guidance of the
referring physician.
(b) Provide a copy of the record of the medical
misadministration to the referring physician, if other than the registrant, not
later than 15 days after the discovery of the medical misadministration.
8. As used in this section, “medical
misadministration” means:
(a) An event that is the result of an intervention
of a patient or human research subject in which the administration of radiation
from a radiation machine results in or will result in unintended permanent
functional damage to an organ or a physiological system, as determined by a
physician; or
(b) Any event, other than an event that is the
result of intervention of a patient or human research subject, in which the
administration of radiation from a radiation machine results in:
(1) An administration of a dose to the wrong
person, using the wrong mode of treatment or at the wrong treatment site; or
(2) The calculated total dose administered
differing from the total prescribed dose by 20 percent or more.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016)
NAC 459.552 Administrative controls: Direction of operation by registrants. (NRS 439.200, 459.201)
1. The registrant is responsible for the
operation of the radiation machines which he or she has registered with the
Division. The registrant shall ensure that the provisions of NAC 459.400 to 459.624, inclusive, are met in the
operation of the radiation machine or machines.
2. An X-ray system which does not meet the
provisions of NAC 459.400 to 459.624, inclusive, must not be operated
for diagnostic or therapeutic purposes if the Division prohibits such
operation.
3. Persons who will be operating the X-ray
system must be adequately instructed in the safe operating procedures and be
competent in the safe use of the equipment.
4. The registrant shall:
(a) Document that each person who will be operating
the X-ray system has received the instructions required by subsection 3 and
that each person’s competency was verified; and
(b) Retain that documentation at least until the
period of registration of the radiation machine expires.
5. In the vicinity of each control panel for
an X-ray system a chart, commonly referred to as a technique chart, must be
provided, which specifies for all examinations which are performed by that
system a listing of information, including but not limited to the following,
for each projection within that examination:
(a) Patient’s anatomical size versus technique
factors to be utilized;
(b) Type of and size of the film or film-screen
combination to be used;
(c) Type of grid to be used, if any, and focal
distance; and
(d) Source to image receptor distance to be used.
6. Written safety procedures and rules must
be provided to each person operating X-ray equipment, including any
restrictions of the operating technique required for the safe operation of the
particular X-ray system. The operator must be able to demonstrate familiarity
with these rules.
[Bd. of Health, Radiation Control Reg. §§ 6.3-6.3.1.1.4,
eff. 2-28-80]—(NAC A 4-27-84; R144-13, 10-13-2016; R043-20, 12-29-2020)
NAC 459.554 Administrative controls: Radiographic exposure. (NRS 439.200, 459.201)
1. Except for patients who cannot be moved
out of the room, only the staff and ancillary personnel required for the
medical procedure or training may be in the room during the radiographic
exposure. Other than the patient being examined:
(a) All persons must be positioned so that no part
of the body which is not protected by 0.5 mm lead equivalent will be struck by
the useful beam.
(b) Staff and ancillary personnel must be protected
from the direct scatter radiation by protective aprons or whole body protective
barriers of not less than 0.25 mm lead equivalent.
(c) A patient who cannot be removed from the room
must be protected from the direct scatter radiation by a whole body protective
barrier of 0.25 mm lead equivalent or be so positioned that the nearest portion
of the body is at least 2 meters from both the tube head and the nearest edge
of the image receptor.
(d) When a portion of the body of any member of the
staff or ancillary personnel is potentially subjected to stray radiation which
could result in his or her receiving 10 percent of the maximum permissible
dose, as defined in NAC 459.320 to 459.374, inclusive, additional protective
devices must be employed.
2. Persons must not be exposed to the useful
beam except for the purposes of the healing arts where each exposure has been
authorized by a licensed practitioner of the healing arts. This provision
specifically prohibits deliberate exposure for the following purposes:
(a) Exposure of a person for training,
demonstration or other purposes unless there are also healing arts requirements
and proper prescription has been provided.
(b) Exposure of a person for the purpose of healing
arts screening without prior written approval of the Division. Screening means
an exposure of a person without a prior examination by a licensed practitioner.
3. When a patient or film must be provided
with auxiliary support during a radiation exposure:
(a) Mechanical holding devices must be used when
the technique permits. The safety rules, required by NAC 459.552 to 459.558, inclusive, must include individual
protections where holding devices cannot be utilized;
(b) Written safety procedures required by
subsection 6 of NAC 459.552 must
indicate the requirements for selecting a holder and include the procedure the
holder must follow;
(c) The human holder must be protected as required
by subsection 1;
(d) No person may be used routinely to hold film or
patients;
(e) In those cases where the patient must hold the
film, except during intraoral examinations, any portion of the body other than
the area of clinical interest struck by the useful beam must be protected by
not less than 0.5 mm lead equivalent material; and
(f) Such holding is permitted only in very unusual
and rare situations.
4. As used in this section, “licensed
practitioner of the healing arts” means a physician, homeopathic physician,
osteopathic physician, licensed veterinarian, dentist, chiropractic physician,
practitioner of Oriental medicine or podiatric physician, as those terms are
defined or used, respectively, in NRS
630.014, 630A.050, 633.091 or 638.007 or chapter 631, 634, 634A
or 635 of NRS.
[Bd. of Health, Radiation Control Reg. §§ 6.3.1.1.5-6.3.1.1.8.6,
eff. 2-28-80]—(NAC A 1-18-94; R085-06, 11-13-2006; R144-13, 10-13-2016; R043-20,
12-29-2020)
NAC 459.556 Administrative controls: Minimum exposure techniques; use of
portable or mobile equipment. (NRS
459.201)
1. Procedures and auxiliary equipment
designed to minimize exposure to the patient and personnel commensurate with
obtaining the needed diagnostic information must be utilized, including the
following:
(a) The speed of film or screen and film
combinations must be the fastest speed consistent with the diagnostic objective
of the examination;
(b) The radiation exposure to the patient must be
the minimum exposure required to produce images of good diagnostic quality;
(c) Except as otherwise provided in paragraph (d),
portable or mobile equipment may be used only for:
(1) Examinations where it is impractical to
transfer the patient to a stationary radiographic installation; and
(2) Its designed purpose, as specified by the
manufacturer; and
(d) Portable or mobile equipment may be used in
lieu of stationary equipment for a period of not more than 90 days while the
facility is awaiting the delivery of new stationary equipment or the repair of
registered stationary equipment if the following conditions are satisfied:
(1) The portable or mobile equipment has been
registered and the appropriate fee has been paid in accordance with NAC 459.154 and 459.161; and
(2) The registrant has requested, in writing,
and been granted authorization from the Division to use the portable or mobile
equipment in lieu of stationary equipment. Such a request must include, without
limitation:
(I) The date of installation of the
portable or mobile equipment; and
(II) The expected duration of the use of
the portable or mobile equipment.
2. The Division shall grant an extension of
an authorization to use portable or mobile equipment in lieu of stationary
equipment if the registrant:
(a) Requests the extension at least 10 days before
the expiration of the original authorization; and
(b) Demonstrates that the extension is justified by
submitting documentation indicating that the delivery or repair of the
stationary equipment was delayed.
[Bd. of Health, Radiation Control Reg. §§ 6.3.1.1.9-6.3.1.1.9.3,
eff. 2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.558 Personnel monitoring. (NRS
459.201) All
persons who are associated with the operation of an X-ray system are subject to
the occupational exposure limits and the requirements for the determination of
the doses which are stated in NAC 459.325
and 459.365. When protective clothing or
devices are worn on portions of the body and a monitoring device or devices are
required, at least one device must be utilized as follows:
1. When an apron is worn, the monitoring
device must be worn at the collar outside the apron.
2. The dose to the whole body, based on the
maximum dose attributed to any one critical organ, which are the gonads, the
blood forming organs, head and trunk or lens of the eye, must be recorded in
the reports required by NAC 459.3665.
If more than one device is used and a record is made of the data, each dose
must be identified with the area where the device was worn on the body.
Ê Exposure of a
personnel monitoring device to indicate deceptively a dose delivered to a
person is prohibited.
[Bd. of Health, Radiation Control Reg. §§ 6.3.1.1.10-6.3.1.1.-10.2,
eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.5585 Instruction on radiation safety.
(NRS
459.201) A
registrant shall annually provide instruction on radiation safety to each
person who provides patient care and treatment planning for patients. The
instruction must include, without limitation:
1. Instruction on the operation of each
device used by the person;
2. Safety procedures; and
3. Any updates on clinical use of each of
those devices.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.559 Quality management program. (NRS
459.201)
1. Each registrant shall establish and
maintain a written quality management program to ensure that a radiation
therapy system is used as directed by the authorized user. The program must
include, without limitation, the following objectives:
(a) Except where a delay to provide a written
directive would jeopardize the health of a patient, a written directive must be
prepared before a dose of therapeutic radiation is administered;
(b) If the emergent nature of the condition of a
patient threatens the health of the patient, an oral directive to administer
treatment is acceptable, so long as the information contained in the oral
directive is documented immediately in the record of the patient and a written
directive is prepared within 24 hours;
(c) If a delay to provide a written revision to an
existing written directive jeopardizes the health of a patient, an oral
revision to the existing written directive may be given, so long as the oral
revision is immediately documented in the record of the patient and a revised
written directive is signed by the authorized user within 48 hours;
(d) A written directive which changes an existing
written directive may be made for any therapeutic procedure, so long as the
revised directive is signed and dated by an authorized user before the next
administration of the electronic brachytherapy dose or fractional dose;
(e) The identity of the patient as being the person
named in the written directive must be verified by more than one method before
the administration of any therapeutic radiation;
(f) The final plans of treatment and any related
calculations must be the same as those specified in the written directive;
(g) Each administration of a dose of therapeutic
radiation must comply with the written directive; and
(h) Any unintended deviation from the written
directive must be identified and evaluated, and appropriate action must be
taken.
2. A registrant shall develop procedures for
and conduct a review of the program, including, without limitation:
(a) An evaluation of a representative sample of
administrations to patients within the review period through a procedure which
must be submitted to the Division;
(b) An evaluation of all reportable events within
the review period; and
(c) An evaluation of all medical events within the
review period to verify that the actions taken comply with the program.
3. A review of the program must be conducted
at least once every 12 months and a record of each review must be maintained
for inspection by the Division for at least 3 years. The record must include
any evaluations and the findings of the reviews.
4. A registrant shall evaluate each review
to determine the effectiveness of the program and shall make modifications as
needed to comply with the provisions of this section.
5. A registrant shall:
(a) Within 30 days after the discovery of a
reportable event:
(1) Assemble the relevant facts, including,
without limitation, the cause of the reportable event; and
(2) Identify any corrective action which is
required to prevent a reoccurrence of the reportable event; and
(b) Retain a record of the facts and corrective
action taken for at least 3 years.
6. A registrant shall maintain each written
directive for at least 3 years.
7. A registrant may modify a program
specified in subsection 1, so long as the effectiveness of the program is not
decreased. Any such modification must be submitted to the Division within 30
days after the modification is made.
8. Each applicant for a new registration
shall submit to the Division a written program specified in subsection 1 as
part of the application for registration and shall carry out the program upon
issuance of the registration.
9. A registrant shall keep records of each
medical event until the termination of the registration.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5595 Requirements for registrants of portable equipment which is
hand-held and facilities which house such equipment. (NRS 459.201) In addition to the
requirements of NAC 459.400 to 459.624, inclusive, registrants of portable
equipment which is hand-held and facilities which house such equipment must
meet the following requirements:
1. A registrant shall establish a safe
operating policy, and all operators shall sign a form acknowledging that they
understand the policy. The policy must, at a minimum:
(a) Require proper operation of the unit,
consistent with the manufacturer’s manual;
(b) Ensure that the device is not used in an
uncontrolled area, such as a waiting room or hallway;
(c) Require that the device is held without motion
throughout radiography using a suitable stand or other method to immobilize
portable equipment during the radiography;
(d) Require that any optional, removable secondary
radiation block or protection features be installed and used during
radiography, if the unit was designed with those features;
(e) Ensure that there are no ancillary persons
within a radius of at least 2 meters from the tube head when using the portable
equipment which is hand-held; and
(f) Require an operator to comply with the
provisions of NAC 459.554 and 459.556, when applicable.
2. Each operator of portable equipment which
is hand-held must be specifically trained to operate the equipment. Training on
the use of the device must be documented and include:
(a) Proper positioning of the device to ensure an
adequate protection position;
(b) Limitations of the use of position indicating
devices that require longer distances to the face of the patient;
(c) Diagrams of the protected position and location
in relationship to the device;
(d) Diagrams of the effect of improper distance of
removal of the shielding device; and
(e) Diagrams of common examples of improper
positioning of the device or location of the operator.
3. A written security policy must be
established to prevent unauthorized use of the portable equipment which is
hand-held.
4. Portable equipment which is hand-held:
(a) Must be kept in a secured location when not in
use;
(b) Must only be used for its designed purpose, as
specified by the manufacturer;
(c) Must be maintained and serviced in accordance
with the manufacturer’s recommendations; and
(d) May only be used at the location where it is
registered.
5. When operating portable equipment which
is hand-held, an operator shall wear:
(a) A lead apron and thyroid collar; and
(b) Whole body and extremity dose monitoring
devices.
6. All portable equipment which is hand-held
must comply with the applicable performance standards of 21 C.F.R. §§ 1020.30
to 1020.40, inclusive, which were in effect at the time the unit was
manufactured.
7. Upon prior approval of the Division,
source to image distance and exposure switch locations may be adjusted to
accommodate the use of portable equipment which is hand-held.
8. Any person who sells, leases, transfers,
lends, disposes, assembles or acquires portable equipment which is hand-held in
this State or sells, leases, transfers or disposes of or acquires a radiation
machine in this State shall notify the Division within 15 days and provide the
information required by NAC 459.166.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.564 Diagnostic X-ray systems. (NRS
459.201) In
addition to other requirements of NAC
459.400 to 459.624, inclusive, all
diagnostic X-ray systems must meet the following requirements:
1. The control panel containing the main
power switch must bear the warning statement, legible and accessible to view:
“WARNING: This X-ray unit may be dangerous to patient and operator unless safe
exposure factors and operating instructions are observed.”
2. On battery-powered generators, visual
means must be provided on the control panel to indicate whether the battery is
in a state of charge adequate for proper operation.
3. The leakage radiation from the diagnostic
source assembly measured at a distance of 1 meter in any direction from the
source must not exceed 100 milliroentgens in 1 hour when the X-ray tube is
operated at its leakage technique factors. Compliance will be determined by
measurements averaged over an area of 100 square centimeters with no linear
dimension greater than 20 centimeters.
4. The radiation emitted by a component
other than the diagnostic source assembly must not exceed 2 milliroentgens in 1
hour at 5 centimeters from any accessible surface of the component when it is
operated in an assembled X-ray system under any conditions for which it was
designed. Compliance will be determined by measurements averaged over an area
of 100 square centimeters with no linear dimension greater than 20 centimeters.
5. The requisites for quality of the beam
must satisfy the requirements set forth in 21 C.F.R. § 1020.30(m)(1) and Table
1 in that section.
6. Where two or more radiographic tubes are
controlled by one exposure switch, the tube or tubes which have been selected
must be clearly indicated before initiation of the exposure. This indication
must be on the X-ray control.
7. The tube housing assembly supports must
be adjusted so that the tube housing assembly will remain stable during an
exposure unless the tube housing movement is a designed function of the X-ray
system.
8. The technique factors to be used during
an exposure must be indicated before the exposure begins. If automatic exposure
controls are used, the technique factors which are set before the exposure must
be indicated. On equipment having fixed technique factors, this requirement may
be met by permanent markings. Indication of technique factors must be visible
from the operator’s position except in the case of spot films made by the
fluoroscopist.
[Bd. of Health, Radiation Control Reg. §§ 6.4-6.4.8.2,
eff. 2-28-80]—(NAC A 4-27-84; R144-13, 10-13-2016)
NAC 459.566 Fluoroscopic X-ray systems: Limitation of useful beam; spot
filming. (NRS
459.201) All
fluoroscopic X-ray systems must meet the following requirements:
1. The fluoroscopic tube must not produce
X-rays unless the primary protective barrier is in position to intercept the
entire useful beam at all times.
2. The entire cross section of the useful
beam must be intercepted by the primary protective barrier of the fluoroscopic
image assembly at any source-image receptor distance.
3. The X-ray field produced by fluoroscopic
equipment without image intensification must not extend beyond the entire
visible area of the image receptor. This requirement applies to field size
during both fluoroscopic procedures and spot-filming procedures.
4. During fluoroscopic or spot-filming
procedures, neither the length nor the width of the X-ray field in the plane of
the image receptor may exceed the visible area of the image receptor by more
than 3 percent of the source-image receptor distance. The sum of the excess
length and the excess width must be no greater than 4 percent of the
source-image receptor distance.
5. Compliance will be determined with the
beam axis perpendicular to the image receptor. For rectangular X-ray fields
used with circular image reception, the error in alignment will be determined
along the length and width dimensions of the X-ray field which pass through the
center of the visible area of the image receptor.
6. In addition to other requirements of NAC 459.400 to 459.624, inclusive, for new equipment
installed after February 28, 1980:
(a) A means must be provided between the source and
the patient for adjustment of the X-ray field size in the plane of the film to
the size of that portion of the film which has been selected on the spot-film
selector. Such an adjustment must be automatically accomplished except when the
X-ray field size in the plane of the film is smaller than that of the selected
portion of the film.
(b) It must be possible to adjust the X-ray field
size in the plane of the film to a size smaller than the selected position of
the film. The minimum field size at the greatest source-image receptor distance
must be equal to or less than 5 by 5 centimeters.
(c) The center of the X-ray field in the plane of
the film must be aligned with the center of the selected portion of the film to
within 2 percent of the source-image receptor distance.
[Bd. of Health, Radiation Control Reg. §§ 6.5-6.5.1.3.3.3,
eff. 2-28-80]
NAC 459.568 Fluoroscopic X-ray systems: Activation of the tube. (NRS 459.201) X-ray production in the
fluoroscopic mode must be controlled by a device which requires continuous
pressure by the fluoroscopist for the entire time of any exposure. When
recording serial fluoroscopic images, the fluoroscopist must be able to
terminate the X-ray exposure at any time, but means may be provided to permit
completion of any single exposure of the series in process.
[Bd. of Health, Radiation Control Reg. § 6.5.2, eff. 2-28-80]
NAC 459.570 Fluoroscopic X-ray systems: Exposure rate limits; exception. (NRS 459.030, 459.201)
1. The exposure measured at the point where
the center of the useful beam enters the patient must not exceed 10 roentgens
(100 millisieverts) per minute, except during recording of fluoroscopic images
or when provided with optional high level control.
2. When provided with optional high level
control, the equipment must not be operable at any combination of tube
potential and current which will result in an exposure rate, measured at the
point where the center of the useful beam enters the patient, in excess of:
(a) Five roentgens (50 millisieverts) per minute if
the high level control is not activated; and
(b) Twenty roentgens (200 millisieverts) per minute
if the high level control is activated and the unit was manufactured on or
after May 19, 1995.
Ê Special means
of activation of high level controls, such as additional pressure applied
continuously by the operator, will be required to avoid accidental use. A
continuous signal audible to the fluoroscopist must indicate activation and use
of the high level control.
3. Any new equipment installed after
February 28, 1980, which does not incorporate an automatic exposure control,
for example, an automatic brightness control or ionization chamber control,
must not be operable at any combination of tube potential and current which will
result in an exposure rate in excess of 5 roentgens (50 millisieverts) per
minute at the point where the center of beam enters the patient except during
recording of fluoroscopic images or when provided with an optional high level
control.
4. Compliance with this section is
determined as follows:
(a) If the source is below the table, exposure rate
must be measured 1 centimeter above the tabletop or cradle.
(b) If the source is above the table, the exposure
rate must be measured at 30 centimeters above the tabletop with the end of the
beam-limiting device or spacer positioned as closely as possible to the point
of measurement.
(c) In a C-arm type of fluoroscope, the exposure
rate must be measured 30 centimeters from the input surface of the fluoroscopic
imaging assembly.
(d) In a miniature C-arm type of fluoroscope, the
exposure rate must be measured with the end of the beam-limiting device or
spacer positioned as closely as possible to the point of measurement.
(e) In a lateral type of fluoroscope, the exposure
rate must be measured at a point 15 centimeters from the centerline of the
tabletop and in the direction of the X-ray source, with the end of the
beam-limiting device or spacer positioned as closely as possible to the point
of measurement. If the tabletop is movable, it must be positioned as closely as
possible to the lateral X-ray source.
5. Periodic measurements of the exposure
rate must be made annually, at intervals not to exceed 12 months after the date
of the last measurement, and after any maintenance of the system which might
affect the exposure rate. If the equipment is provided with optional high level
control, measurements of the exposure rates must be made both with and without
the high level control activated.
6. Results of these measurements must be
made available at a place where any fluoroscopist will have ready access to them
while using that fluoroscope. Results of the measurements must include the
maximum possible r/minute, as well as the physical factors used to determine
all data, the name of the person performing the measurements and the date the
measurements were performed.
7. Use of monitoring devices, for example,
commercially available film badges, thermoluminescence dosimeters or low energy
dosimeters, may be used to perform the test if the measurements are made as in
subsection 8.
8. The measurement must be made under the
conditions that satisfy the requirements of subsection 4:
(a) The kVp must be the peak kV that the X-ray
system is capable of producing;
(b) If determining the maximum dose rate below 5
roentgens (50 millisieverts) per minute, the high level control, if present,
must not be activated;
(c) The X-ray system that incorporates automatic
exposure control, for example, automatic brightness control, must have
sufficient material, for example, lead or lead equivalent, placed in the useful
beam to produce the maximum radiation output of the X-ray system; and
(d) The X-ray system that does not incorporate
automatic exposure control must utilize the maximum milliamperage of the X-ray
system. The material, for example, an attenuation block, must be placed in the useful
beam to protect the imaging system.
9. The provisions of this section do not
apply to an X-ray system that is used, at any time, for radiation therapy
simulation.
[Bd. of Health,
Radiation Control Reg. §§ 6.5.3-6.5.3.1.5.4.5, eff. 2-28-80]—(NAC A by Dep’t of
Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R021-18, 12-30-2019)
NAC 459.572 Fluoroscopic X-ray systems: Barrier-rate limits. (NRS 459.201)
1. The exposure rate resulting from
transmission through the primary protective barrier with the attenuation block
in the useful beam, combined with radiation from the image intensifier, if
provided, must not exceed 2 milliroentgens per hour at 10 centimeters from any
accessible surface of the fluoroscopic imaging assembly beyond the plane of the
image receptor for each roentgen per minute of entrance exposure rate.
2. The exposure rate due to transmission
through the primary protective barrier combined with radiation from the image
intensifier must be determined by measurements averaged over an area of 100
square centimeters with no linear dimension greater than 20 centimeters.
3. If the source is below the tabletop, the
measurement must be made with the input surface of the fluoroscopic imaging
assembly positioned 30 centimeters above the tabletop.
4. If the source is above the tabletop and
the source-image receptor distance is variable, the measurement must be made
with the end of the beam-limiting device or spacer as close to the tabletop as
it can be placed, but it must not be closer than 30 centimeters.
5. The attenuation block must be positioned
in useful beam 10 centimeters from the point of measurement of entrance
exposure rate and between this point and the input surface of the fluoroscopic
imaging assembly.
[Bd. of Health, Radiation Control Reg. §§ 6.5.4-6.5.4.2.4,
eff. 2-28-80]
NAC 459.574 Fluoroscopic X-ray systems: Indication of potential and current;
source-skin distance; exceptions for fluoroscopy imaging system. (NRS 459.030, 459.201)
1. During fluoroscopy and cinefluorography,
X-ray tube potential and current must be continuously indicated.
2. Except as otherwise provided in
subsection 3, the source to skin distance must not be less than:
(a) Thirty-eight centimeters on stationary fluoroscopes
installed after February 28, 1980;
(b) Thirty-five and five-tenths centimeters on
stationary fluoroscopes which are in operation before February 28, 1980;
(c) Thirty centimeters on all mobile fluoroscopes;
and
(d) Twenty centimeters for image intensified
fluoroscopes used for specific surgical application. The users’ operating
manual must provide precautionary measures to be followed during the use of
this device.
3. A fluoroscopy imaging system, including a
small format type and miniature C-arm type, used to perform low power, X-ray
image intensified fluoroscopy on extremities must:
(a) Be operated only by a licensed practitioner of
the healing arts.
(b) Possess a positive, nonremovable means to
ensure a source-skin distance during operation of not less than 9 centimeters,
unless a different distance is approved by the Food and Drug Administration.
(c) Be clearly labeled as for use only on
extremities.
(d) Bear a certification label that includes:
(1) The statement “This product is in conformity
with the performance standards for diagnostic X-ray systems and their major
components set forth in 21 C.F.R. § 1020”; and
(2) If the Food and Drug Administration grants
a variance from any performance standards for diagnostic X-ray systems and
their major components set forth in 21 C.F.R. § 1020, a statement of the
variance and the identification number assigned to the variance by the Food and
Drug Administration.
(e) Include an operating manual that contains:
(1) Any special instructions that may be
necessary because of the unique features of the system, including, without
limitation, special instructions concerning exposure rates, safety procedures
and precautions; and
(2) Recommended machine settings for
representative sample fluoroscopic examinations for which the system is
designed, including data on skin and tabletop exposures resulting from these
settings.
4. As used in this section, “licensed
practitioner of the healing arts” means a physician, homeopathic physician,
osteopathic physician, licensed veterinarian, dentist, chiropractic physician,
practitioner of Oriental medicine or podiatric physician, as those terms are
defined or used, respectively, in NRS
630.014, 630A.050, 633.091 or 638.007 or chapter 631, 634, 634A
or 635 of NRS.
[Bd. of Health,
Radiation Control Reg. §§ 6.5.5-6.5.6.4, eff. 2-28-80]—(NAC A by Dep’t of Human
Resources by R137-01, 5-30-2003; A by Bd. of Health by R144-13, 10-13-2016)
NAC 459.576 Fluoroscopic X-ray systems: Fluoroscopic timer; mobile
fluoroscopes. (NRS
459.201)
1. A means must be provided to preset the
cumulative on-time of the fluoroscopic tube. The maximum cumulative time of the
timing device must not exceed 5 minutes without resetting.
2. A signal audible to the fluoroscopist
must indicate the completion of any preset cumulative on-time. Such a signal
must continue to sound while X-rays are produced until the timing device is
reset. In addition to the other requirements of NAC 459.566 to 459.578, inclusive, mobile fluoroscopes
must provide image intensification.
[Bd. of Health, Radiation Control Reg. §§ 6.5.7-6.5.8,
eff. 2-28-80]
NAC 459.578 Fluoroscopic X-ray systems: Control of scattered radiation. (NRS 459.201)
1. Fluoroscopic table designs when combined
with procedures utilized, must be such that no unprotected part of any staff or
ancillary person’s body will be exposed to unattenuated scattered radiation
which originates from under the table. The attenuation required must be not
less than 0.25 mm lead equivalent.
2. Equipment configuration, when combined
with procedures, must be such that no portion of any staff or ancillary
person’s body, except the extremities, are exposed to the unattenuated scatter
radiation emanating from above the tabletop unless the person:
(a) Is at least 120 cm from the center of the useful
beam; or
(b) The radiation has passed through not less than
0.25 mm lead equivalent material, for example, drapes, Bucky-slot cover,
sliding or folding panel or self-supporting curtains, in addition to any lead
equivalency provided by the protective apron referred to in subsection 1 of NAC 459.554.
3. Upon application to the Division with
adequate justification, exceptions to subsection 2 may be made in some special
procedures where a sterile field will not permit the use of the normal
protective barriers or where the protective barriers would interfere with the
procedures.
[Bd. of Health, Radiation Control Reg. §§ 6.5.9-6.5.9.2.3,
eff. 2-28-80]
NAC 459.580 Intraoral dental radiographic systems. (NRS 439.200, 459.201)
1. In addition to the provisions of NAC 459.552 to 459.558, inclusive, and 459.564, these requirements apply to X-ray
equipment and associated facilities used for dental radiography. The criteria
for extraoral dental radiographic systems are covered in NAC 459.616 to 459.624, inclusive.
2. Intraoral dental radiographic machines
may be used only for intraoral dental radiography.
3. X-ray systems designed for use with an
intraoral image receptor must be provided with means to limit source-to-skin
distance of not less than 18 centimeters.
4. Radiographic systems which are designed
for use with an intraoral image receptor must be provided with means to limit
the X-ray beam so that:
(a) If the minimum source-to-skin distance is 18
centimeters or more, the X-ray field at the minimum source-to-skin distance is
containable in a circle having a diameter of no more than 7 centimeters; and
(b) If the minimum source-to-skin distance is less
than 18 centimeters, the X-ray field at the minimum source-to-skin distance is
containable in a circle having a diameter of no more than 6 centimeters.
5. A means must be provided to terminate the
exposure at a preset time interval, a preset product of current and time, a
preset number of pulses, or a preset radiation exposure to the image receptor.
In addition:
(a) Termination of exposure must cause automatic
resetting of the timer to its initial setting or to zero; and
(b) It must not be possible to make an exposure
when the timer is set to a zero or off position if either position is provided.
6. When four timer tests taken at identical
timer settings equal 0.5 seconds or less, the average time period (T) must be
greater than or equal to five times the difference between the maximum period
(T max) and the minimum period (T min) in accordance with the formula: T 5 (T
max-T min).
7. Deviation of measured technique factors
from indicated values of kVp and exposure time must not exceed the limits
specified for that system by its manufacturer. In the absence of the
manufacturer’s specifications, the deviation must not exceed 10 percent of the
indicated value for kVp and 20 percent for exposure. All timers must be
accurate to within ±20 percent of the selected value.
8. A control must be incorporated into each
X-ray system so that an exposure can be terminated at any time, except for
exposures of one-half second or less. The control switch must be of the
dead-man type.
9. Each X-ray control must be located to
meet the following criteria:
(a) Each installation must be provided with a
protective barrier for the operator or must be so arranged that the operator
can stand at least 6 feet from the patient and well away from the useful beam;
and
(b) The X-ray control must provide visual
indication observable at or from the operator’s protected position whenever
X-rays are produced. In addition, a signal audible to the operator must
indicate that the exposure has terminated.
10. The exposure produced must be
reproducible to within the following criteria: When all technique factors are
held constant, the coefficient of variation must not exceed 0.10. This
requirement is met if, when four exposures at identical technique factors are
made, the value of the average exposure (E) is greater than or equal to five
times the difference between the maximum exposure (E max) and the minimum
exposure (E min) in accordance with the formula: E 5 (E max-E min).
11. Patient and film holding devices must be
used when the techniques permit.
12. Neither the tube housing nor the
position indicating device may be handheld during an exposure.
13. The X-ray system must be arranged and
operated in such a manner that the useful beam at the patient’s skin does not
exceed the dimensions specified in subsection 4.
14. Dental fluoroscopy without image
intensification must not be used.
15. Dental radiation machines with a nominal
fixed kVp of less than 50 kVp must not be used to make diagnostic dental
radiographs of humans.
[Bd. of Health, Radiation Control Reg. §§ 6.7-6.7.6.5,
eff. 2-28-80]—(NAC A by R185-08, 5-7-2010; R144-13, 10-13-2016; R043-20, 12-29-2020)
NAC 459.581 Registration of electronic brachytherapy systems or additional
therapeutic X-ray systems. (NRS
459.201)
1. Except as otherwise provided in
subsection 4, each person who acquires an electronic brachytherapy system or an
additional therapeutic X-ray system shall apply to the Division for
registration of the machine within 30 days after installing the machine. The
application must include, without limitation:
(a) A list of all authorized users,
radiation therapy physicists and operators;
(b) The name of the radiation safety officer and
radiation safety committee members;
(c) A copy of the most recent record of surveys,
calculations and quality assurance checks on each machine;
(d) A current copy of the quality management
program created pursuant to NAC 459.559;
(e) A current copy of the quality assurance program
created pursuant to NAC 459.5937; and
(f) The manufacturer’s certification.
2. No medical therapy device may be used on
a person until the facility has received a certificate of registration from the
Division.
3. A separate registration is required for
facilities which:
(a) Are not contiguous;
(b) Are not under a single radiation safety
program; or
(c) Are not under the same management.
4. The provisions of this section do not
apply to radiation devices which are in transit or in storage.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.582 Therapeutic X-ray systems: Leakage radiation; diaphragms and
beam-limiting devices. (NRS
459.201)
1. When the tube is operated at its leakage
technique factors, the leakage radiation must not exceed the value specified at
the distance specified for the classification of that X-ray system.
2. For systems of contact therapy, leakage
radiation must not exceed 100 mR/hr at 5 centimeters from the tube housing and
must meet the following standards:
(a) In 0-150 kVp systems which are manufactured or
installed prior to February 28, 1980, the leakage radiation must not exceed 1 R
in 1 hour at 1 meter from the source.
(b) In 0-150 kVp systems which are manufactured on
or after February 28, 1980, the leakage radiation must not exceed 100 mR in 1
hour at 1 meter from the source.
(c) In 151 to 999 kVp systems, the leakage
radiation must not exceed 1 R in 1 hour at 1 meter from the source except
systems that operate in excess of 500 kVp may have a leakage radiation at 1
meter from the source equivalent to the useful beam multiplied by a factor of
0.001.
3. Permanent fixed diaphragms or cones used
for collimating the useful beam must provide the same degree of protection as
required by the tube housing assembly.
4. Removable beam-limiting devices such as
diaphragms or cones must, for the portion of the useful beam to be blocked by
these devices, transmit not more than 1 percent of the original X-ray beam at
the maximum kilovoltage and maximum treatment filter.
5. Adjustable beam-limiting devices
installed after February 28, 1980, must meet the criteria of subsection 4.
6. Adjustable beam-limiting devices
installed before February 28, 1980, must, for the portion of the X-ray beam to
be blocked by these devices, transmit not more than 5 percent of the original
X-ray beam at the maximum kilovoltage and maximum treatment filter.
[Bd. of Health, Radiation Control Reg. §§ 6.8-6.8.1.3.3,
eff. 2-28-80]
NAC 459.584 Therapeutic X-ray systems: Filter systems, tube housing. (NRS 459.201)
1. The filter system must be designed so
that:
(a) Filters cannot be accidentally displaced from
the useful beam at any possible tube orientation.
(b) Each filter is marked as to its material of
construction and its thickness or wedge angle for wedge filters. The filters
must be individually distinguishable.
(c) The operator must be able to determine the
presence or absence of each filter and the orientation of each wedge filter in
the useful beam when the operator is at his or her position at the control
panel either by display at the control panel or by direct observation.
(d) The filters and filter insertion slot opening
must be so designed that the radiation at 5 cm from the filter insertion slot
opening does not exceed 30 roentgens per hour under all operating conditions.
(e) Each machine equipped with a beryllium or other
low filtration window must be clearly labeled as such upon the tube head
housing and upon the control panel.
2. The tube housing assembly must be
immobilized during stationary treatments.
3. The tube housing assembly must be marked
so that it is possible to determine the location of the focal spot to within 5 millimeters
and the marking must be readily accessible for use during calibration
procedures.
4. Contact therapy tube housing assemblies
must have a removable shield of 0.5 mm lead equivalency at 100 kVp that must be
positioned over the entire useful beam exit port during periods when the beam
is not in use.
[Bd. of Health, Radiation Control Reg. §§ 6.8.1.4-6.8.1.7,
eff. 2-28-80]
NAC 459.586 Therapeutic X-ray systems: Beam monitor. (NRS 459.201) Equipment installed after
February 28, 1980, of greater than 150 kVp must be provided with a beam monitor
system as follows:
1. It must include a transmission detector
which is a full beam detector and which is placed on the patient side of any
fixed added filters other than a wedge filter;
2. It must have the detector interlocked to
prevent incorrect positioning in the useful beam;
3. It must have a display at the control
panel from whose reading in dose monitor units the absorbed dose at a reference
point in the treatment volume can be calculated;
4. The control panel display must maintain
the reading until intentionally reset to zero;
5. In the event of electrical power failure
the reading at the control panel display must be recoverable at a later time;
6. Irradiation may be allowed only after a
selection of a number of dose monitor units has been made at the treatment
control panel;
7. It must be capable of independently
terminating irradiation when a preselected number of dose monitor units has
been reached; and
8. The control panel display must have only
one scale, no scale multiplying factors, and be designed so that an increasing
dose is displayed by increasing numbers and that in the event of an overdosage
of radiation the absorbed dose may be accurately determined.
[Bd. of Health, Radiation Control Reg. §§ 6.8.1.8-6.8.1.8.8,
eff. 2-28-80]
NAC 459.588 Therapeutic X-ray systems: Timer; control panel. (NRS 459.201)
1. A timer must be provided which has a
display at the treatment control panel. The timer must have a preset timer
selector and an elapsed time indicator.
2. The timer must be a cumulative timer
which switches on and off with the radiation and retains its reading after
irradiation is interrupted or terminated. It must be necessary to zero the
elapsed time indicator and the preset time selector after irradiation is
terminated.
3. The timer must terminate irradiation when
a preselected time has elapsed.
4. The control panel must have:
(a) An indication of whether electrical power is
present and activation of the X-ray tube is possible;
(b) An indication of whether X-rays are being
produced;
(c) The means for indicating kilovoltage and X-ray
tube current;
(d) The means for terminating an exposure at any
time;
(e) A locking device which will prevent
unauthorized use of the X-ray system; and
(f) For new equipment installed after February 28,
1980, a positive display of specific filter or filters in the beam.
5. When a control panel may energize more
than one X-ray tube:
(a) It must be possible to activate only one X-ray
tube during any one time interval;
(b) There must be an indication at the control
panel identifying which X-ray tube is energized; and
(c) There must be an indication at the X-ray tube
housing assembly when that tubehead is energized.
6. There must be means of determining the
target to patient distance to within 1 centimeter.
7. Unless it is possible to bring the X-ray
output to the prescribed exposure parameters within 5 seconds, the entire
useful beam must be attenuated by a shutter having a lead equivalency not less
than that of the tube housing. In addition:
(a) After the unit is at the selected operating
parameters, the shutter must be controlled electrically by the operator from
the control panel; and
(b) An indication of shutter position must appear
at the control panel.
[Bd. of Health, Radiation Control Reg. §§ 6.8.1.9-6.8.1.13.2,
eff. 2-28-80]
NAC 459.590 Therapeutic X-ray systems: Requirements for design of treatment
room. (NRS 459.201) In addition to providing
shielding adequate to meet the requirements of NAC 459.320 to 459.374, inclusive, the design of the
treatment room must meet the following requirements:
1. Treatment rooms to which access is
possible through more than one entrance must be provided with warning lights in
a readily observable position near the outside of all access doors, preferably
at eye level, which will indicate when the useful beam is on.
2. Provision must be made for two-way aural
communication with the patient from the control room.
3. Windows, mirror systems or closed-circuit
television viewing screens or equivalent systems must be provided to permit
continuous observation of the patient during irradiation and must be so located
that the operator may see the patient and the control panel from the same
position. When the viewing system is by electronic means, for example,
television, an alternate viewing system must be available as a backup in case
of electronic failure.
4. Facilities which contain an X-ray system
which may be operated above 150 kVp must:
(a) Have all necessary shielding, except for any
beam interceptor, provided by fixed barriers;
(b) Have the control panel in a protected area
which is outside the treatment room or within a protective booth which has a
door electrically connected to the control panel so that X-ray production
cannot occur unless the door is closed;
(c) Have all entrance doors of the treatment room
electrically connected to the control panel so that X-ray production cannot
occur unless all doors are closed;
(d) Be arranged so that if the doors referred to in
paragraphs (b) and (c) are opened when the therapy tubehead is activated:
(1) The machine will shut off within 2
seconds; or
(2) The radiation at a distance of 1 meter
from the target will be reduced to 10 mR/hr or less within 2 seconds; and
(e) Be so designed that if the radiation output of
the tubehead is affected by any door opening, the machine can be restored to
full operation only by:
(1) Closing the door; and
(2) Subsequently reinitiating the exposure by
manual action at the control panel.
[Bd. of Health, Radiation Control Reg. §§ 6.8.2-6.8.2.4.5.1,
eff. 2-28-80]—(NAC A 4-27-84; 1-18-94)
NAC 459.592 Therapeutic X-ray systems: Surveys; calibration; operating
procedures. (NRS
439.200, 459.201)
1. All new facilities and existing
facilities not previously surveyed must have a radiation protection survey made
by, or under the direction of, a qualified expert. This survey must also be
done after any change in the facility which might produce a radiation hazard.
The expert shall report his or her findings, in writing, to the person in
charge of the facility and a copy of the report must be transmitted by the
registrant to the Division within 30 days.
2. The radiation output of each therapeutic
radiation machine must be calibrated by, or under the direction of, a qualified
expert who is physically present at the facility during the calibration
procedure. The calibration must be repeated after any change in, or replacement
of, components of the X-ray generating equipment which could cause a change in
X-ray output. Calibration of the therapy beam must be performed with a
measuring instrument the calibration of which is directly traceable to national
standards of exposure or absorbed dose and which has been calibrated within the
preceding year. Records of the calibrations must be provided to and maintained
by the registrant. In addition:
(a) Each therapeutic radiation machine must have
the calibrations repeated at time intervals not exceeding 1 year. The
calibration must include at least the following determinations:
(1) The accurate determination of the air dose
rate or the dose rate in a suitable phantom, as appropriate, for a sufficient
number of operating parameters for each effective energy to permit the
determination of the dose received by the patient;
(2) Verification that the equipment is
operating in accordance with the design specifications concerning the
congruence between the radiation field and light localizer, when a localizer is
used, and for beam flatness and symmetry at the specified depths;
(3) The effective energy, for example,
half-value layer when appropriate, for every combination of kVp and filter used
for radiation therapy;
(4) The uniformity of the radiation field and
its dependence upon the direction of the useful beam; and
(5) The calibration determinations must be
provided in sufficient detail so that the absorbed dose in rads to tissue
adjacent to, as well as in the useful beam, may be calculated to within ±5
percent of the intended absorbed dose.
(b) Therapeutic X-ray systems capable of operation
at greater than 150 kVp must, in addition to the annual calibration required in
paragraph (a) have spot checks performed which meet the following criteria:
(1) A spot check must be made at least monthly
or after 50 operating hours, whichever is shorter, and must include carefully
selected representative or indicative measurements which will demonstrate the
consistency of relevant machine operating characteristics or the lack of such
characteristics.
(2) The spot-check methods must be in writing
and have been designed by a qualified expert. Spot checks must include
verification of continued congruency between the radiation field and localizing
device where an optical field illuminator is used.
(3) Spot checks which are erratic or
inconsistent with calibration data must be investigated promptly.
(4) For machines in which beam quality may
vary significantly, spot checks must include beam quality checks.
(5) Whenever a spot check indicates a
significant change, as specified in the qualified expert’s spot check design,
in the operating characteristics of a machine, the machine must be recalibrated
as required in paragraph (a).
(6) A log must be kept of all spot-check
measurements.
(c) In the therapeutic application of X-ray
equipment constructed with beryllium or other low-filtration windows, the
registrant must ensure that the unfiltered radiation reaches only the part
intended and that the useful beam port is blocked at all times except when
actually being used.
(d) Therapeutic radiation machines must not be left
unattended unless the locking device, required by paragraph (e) of subsection 4
of NAC 459.588, is set to prevent
activation of the useful beam.
(e) Except as provided in paragraph (f) of
subsection 3 of NAC 459.554, no person
other than the patient may be in the treatment room during exposures unless he
or she is protected by a barrier sufficient to meet the requirements of NAC 459.325, and no person other than the
patient may be in the treatment room when the kVp exceeds 150 during exposures
except in emergency situations.
(f) The tube housing assembly must not be held by
anyone during exposures.
(g) When a patient must be held in position for
radiation therapy, mechanical restraining devices must be used.
[Bd. of Health, Radiation Control Reg. §§ 6.8.3-6.8.3.2.7,
eff. 2-28-80]—(NAC A 1-18-94; R144-13, 10-13-2016; R043-20, 12-29-2020)
NAC 459.5921 Therapeutic X-ray systems: Submission of certain information to
Division before installation of certain devices. (NRS 459.201)
1. Before a facility may install a new
therapeutic X-ray device, or installs a therapeutic X-ray device with a higher
energy output into an existing room, the facility must submit the following
information for approval by the Division:
(a) General information concerning the facility,
including, without limitation:
(1) The legal name of the facility;
(2) A telephone number and street address for
the facility;
(3) The name, address, telephone number and
registration or license number of the authorized medical physicist for
electronic brachytherapy responsible for the preparation of the shielding plan;
(4) The name and telephone number of the
facility supervisor; and
(5) A statement indicating whether or not the
installation is for a new facility or a modification to an existing facility;
(b) Proof that a primary protective barrier covers
all wall, floor and ceiling areas struck by the useful beam of the system;
(c) Proof that a secondary protective barrier
covers all wall, floor and ceiling areas which are not covered by a primary
protective barrier; and
(d) Information regarding the type and thickness of
the portable shielding used to ensure compliance with NAC 459.400 to 459.624, inclusive, and a procedure which
demonstrates the use of the portable shielding before treatment.
2. Each therapeutic X-ray system must have
such primary and secondary protective barriers as are required to comply with
the provisions of NAC 459.400 to 459.624, inclusive.
3. Portable shielding may be used to comply
with the provisions of NAC 459.400 to 459.624, inclusive.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5922 Therapeutic X-ray systems: Requirements for authorized users. (NRS 459.201)
1. A registrant for any therapeutic X-ray
device shall require an authorized user to:
(a) Be an authorized user of radioactive sources
for electronic brachytherapy pursuant to the radioactive material license of
the registrant who had completed specific training on the device provided by
the manufacturer and approved by the Division; or
(b) Be a physician who:
(1) Is licensed by this State as a physician
pursuant to chapter 630 of NRS or an
osteopathic physician pursuant to chapter 633
of NRS;
(2) Is certified in:
(I) Radiation oncology or therapeutic
radiology by the American Board of Radiology;
(II) Radiation oncology by the American
Osteopathic Board of Radiology;
(III) Radiology, with specialization in
radiotherapy, as a Fellow of the Faculty of Radiology or Fellow of the Royal
College of Radiologists of the United Kingdom; or
(IV) Therapeutic radiology by the Royal
College of Physicians and Surgeons of Canada;
(3) Has completed specific training on the
system provided by the manufacturer and approved by the Division; and
(4) Has had his or her training reviewed and
approved by the Division.
2. An authorized user:
(a) Must be physically present during the
initiation of all patient treatment or identify in writing an authorized
medical physicist for electronic brachytherapy who is trained in the operation
and emergency response for the system who will be physically present during the
initiation of all patient treatments;
(b) Shall review the case of a patient to ensure
that the therapeutic X-ray procedure is appropriate;
(c) Shall regularly review the progress of each
patient receiving therapy and modify the originally prescribed dose if
necessary; and
(d) Shall prevent the clinical use of a system in
which a malfunction has been identified pursuant to the spot check required by NAC 459.5934, until such time as the spot
check has been evaluated and the malfunction corrected or the equipment repaired.
3. The training and experience required by
subsection 1 must be obtained within the 7 years immediately preceding the date
of the application, or the person must have related continuing education
experience in the same type of radiation therapy on an annual basis.
4. The registrant shall retain all records
of annual training for at least 3 years.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5923 Therapeutic X-ray systems: Requirements for authorized medical
physicist for electronic brachytherapy. (NRS
459.201)
1. A registrant for any therapeutic X-ray
device shall require an authorized medical physicist for electronic
brachytherapy to:
(a) Be currently licensed as a therapeutic
radiological physicist by a professional organization specified by the Division
or in another state;
(b) Have completed specific training on the device
provided by the manufacturer and approved by the Division; and
(c) Have had his or her training reviewed and
approved by the Division.
2. An authorized medical physicist for
electronic brachytherapy shall:
(a) Evaluate the output from the electronic
brachytherapy device;
(b) Prepare the necessary dosimetric information;
(c) Supervise and review the treatment calculations
before the initial treatment of any treatment site;
(d) Establish written procedures for performing a
spot check pursuant to NAC 459.5934;
(e) Supervise the conducting of a spot check
required by NAC 459.5934;
(f) Review a spot check conducted pursuant to NAC 459.5934 within 2 days after
completion of the spot check;
(g) Notify the registrant, in writing, of any
failures detected during a spot check within 24 hours after the failure is
detected;
(h) Consult with the authorized user in treatment
planning, as needed; and
(i) Perform any calculations and assessments of
patient treatments which may constitute medical events.
3. The training and experience required by
subsection 1 must be obtained within the 7 years immediately preceding the date
of the application, or the person must have related continuing education
experience in the same type of radiation therapy on an annual basis.
4. The registrant shall retain all records
of:
(a) Annual training for at least 3 years; and
(b) Initial training until the Division authorizes
the disposal of the records.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5924 Therapeutic X-ray systems: Qualifications and duties of radiation
safety officers. (NRS
459.201)
1. A registrant for any therapeutic X-ray
system shall appoint a radiation safety officer and require the radiation
safety officer to:
(a) Have completed specific training on the system
provided by the manufacturer and approved by the Division;
(b) Be an authorized user or authorized medical
physicist for electronic brachytherapy;
(c) Be certified by:
(1) The American Board of Health Physics in
Comprehensive Health Physics;
(2) The American Board of Radiology in
Diagnostic Radiologic Physics, Therapeutic Radiological Physics or Medical
Nuclear Physics, or possess another certificate issued by the American Board of
Radiology that the Division deems sufficient;
(3) The American Board of Nuclear Medicine;
(4) The American Board of Science in Nuclear
Medicine; or
(5) The American Board of Medical Physics; or
(d) Have completed classroom and laboratory
training, including, without limitation:
(1) One hundred hours of radiation physics and
instrumentation;
(2) Thirty hours of radiation protection;
(3) Twenty hours of mathematics pertaining to
the use and measurement of radiation;
(4) Twenty hours of radiation biology;
(5) Thirty hours of medical therapy training;
and
(6) One year of full-time experience in
radiation safety at a medical institution under the supervision of a radiation
safety officer.
2. A radiation safety officer shall:
(a) Implement and oversee a radiation safety
program in the facility;
(b) Ensure that radiation safety activities are
performed in accordance with approved procedures and regulatory requirements in
the daily operation of a therapeutic X-ray system;
(c) Promptly investigate and implement corrective
actions when:
(1) An incident which compromises safety
occurs;
(2) A reportable event occurs; or
(3) An event occurs which deviates from
approved radiation safety practices;
(d) Prepare a written report of any investigation
conducted pursuant to paragraph (c) and the corrective action taken;
(e) Carry out written policies and procedures for:
(1) The safe use of a therapeutic X-ray
system;
(2) The performance of radiation surveys as
necessary;
(3) The performance of checks on survey
instruments and other safety equipment;
(4) The training of personnel who frequent or
work in areas where radiation is present; and
(5) Medical misadministrations as set forth in
NAC 459.551;
(f) Keep on file:
(1) A copy of all records and reports required
by the Division;
(2) A copy of NAC 459.010 to 459.950, inclusive;
(3) A copy of each registration correspondence
with the Division;
(4) The written policies and procedures
required by this section; and
(5) A copy of all records of medical
misadministrations required by NAC 459.551;
and
(g) Review the occupational radiation exposure of
all personnel working with X-ray systems at least once every 3 months.
3. The training and experience in subsection
1 must be obtained within the 7 years immediately preceding the date of the
application, or the person must have related continuing education experience in
the same type of radiation therapy on an annual basis.
4. The registrant shall retain all records
of:
(a) Annual training for at least 3 years; and
(b) Initial training until the Division authorizes
the disposal of the records.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010;
A by R144-13, 10-13-2016)
NAC 459.5925 Therapeutic X-ray systems: Requirements for persons who are not
authorized users. (NRS
459.201)
1. A registrant for any therapeutic X-ray
system shall require a person who is not an authorized user to:
(a) Operate the therapeutic X-ray system solely
under the direct supervision of an authorized user;
(b) Be certified as a radiation therapy technologist
by the American Registry of Radiologic Technologists or a certifying
organization accepted by the American Registry of Radiologic Technologists; and
(c) Have completed specific training on the system
provided by the manufacturer and approved by the Division.
2. The training and experience required
pursuant to subsection 1 must be obtained within the 7 years immediately
preceding the date of the application, or the person must have related
continuing education experience in the same type of radiation therapy on an
annual basis.
3. The registrant shall retain all records
of:
(a) Annual training for at least 3 years; and
(b) Initial training until the Division authorizes
the disposal of the records.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5926 Therapeutic X-ray systems: Requirements for use; posting of
certain procedures; duties of registrants. (NRS
459.201)
1. A therapeutic X-ray system must not be
used for the irradiation of patients unless the facility complies with the
criteria of the United States Food and Drug Administration for systems approved
for human use.
2. When not in use, the therapeutic X-ray
system must be secured and unauthorized use or access prevented.
3. When a patient must be held in position
for radiation therapy, mechanical supporting or restraining devices must be
used.
4. A copy of the current operating and
emergency procedures must be kept in a visible place in the treatment room.
5. Except for the patient, a person must not
be exposed to radiation during the treatment and the facility must use portable
shielding to reduce the occupational dose.
6. A registrant shall:
(a) Notify the radiation safety officer specified
in NAC 459.5924, or the officer’s
designee, and an authorized user as soon as practicable, if a patient or human
research subject has a medical emergency or dies;
(b) Allow a person in the treatment room during
treatment only after obtaining the approval of the authorized user, the
radiation safety officer specified in NAC
459.5924 or the authorized medical physicist for electronic brachytherapy;
(c) Prevent the operation of more than one device
which produces radiation in a treatment room; and
(d) Develop, implement and maintain written
procedures for responding to a situation in which an operator is unable to
complete the treatment in compliance with the written directive. The procedures
must include, without limitation:
(1) Instructions for responding to equipment
failures and the names of the persons who are responsible for carrying out any
corrective actions;
(2) The process for restricting access to and
marking the treatment area to minimize the risk of inadvertent exposure to
radiation; and
(3) The names and telephone numbers of the
authorized users, the authorized medical physicist for electronic brachytherapy
and the radiation safety officer specified in NAC 459.5924 who must be contacted if the
system operates abnormally.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010;
A by R144-13, 10-13-2016)
NAC 459.5927 Therapeutic X-ray systems: Radiation protection survey; portable
monitoring equipment. (NRS
459.201)
1. The registrant shall perform, or cause to
be performed, a radiation protection survey on each new facility or any
existing facility which has not been previously surveyed.
2. Each facility location authorized to use
a therapeutic X-ray device must possess portable monitoring equipment which has
been calibrated appropriately and which includes, without limitation, a
radiation measurement survey instrument capable of measuring dose rates over
the range 0.1 µSv (0.01 mrem) per hour to 10 mSv (1000 mrem) per hour. The
instrument must be calibrated annually.
3. The radiation protection survey must:
(a) Be performed by, or under the direction of, an
authorized medical physicist for electronic brachytherapy or the radiation
safety officer specified in NAC 459.5924;
(b) Be performed under the following conditions:
(1) The beam must be on;
(2) The largest clinically available treatment
field must be used;
(3) A scattering phantom in the useful beam of
radiation for secondary barriers must be present;
(4) A phantom must not be used for primary
barriers; and
(5) Portable shielding in the primary and
secondary beams must be taken into consideration; and
(c) Ensure that the levels of radiation in both
restricted and unrestricted areas are not likely to cause exposures to persons
in excess of the limits set by this chapter.
4. In addition to the original survey, a
radiation protection survey must be performed:
(a) After any changes are made in the shielding of
the treatment room or the portable shielding;
(b) After any changes are made in the location of
the therapeutic X-ray system within the treatment room;
(c) After relocating the therapeutic X-ray system;
and
(d) Before using the therapeutic X-ray system in a
manner that may result in increased radiation levels in areas outside the
treatment room.
5. The record of the survey must include,
without limitation:
(a) All instances where the facility is in
violation of applicable regulations;
(b) The date the measurements were taken;
(c) The reason the survey was required;
(d) The name of the manufacturer of the system
surveyed;
(e) The model and serial numbers of the system
surveyed;
(f) The instrument used to measure the radiation
levels;
(g) A diagram of the areas surrounding the
treatment room which were surveyed;
(h) The measured dose rates at several points in
each area, expressed in microsieverts or millirems per hour;
(i) The calculated maximum level of radiation over
a period of 1 week for each restricted and unrestricted area; and
(j) The name and signature of the person who
conducted the survey.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.593 Electronic brachytherapy devices: Requirements for installation,
maintenance, adjustment, service or repair. (NRS
459.201)
1. Only a manufacturer’s representative who
is registered as a service provider with the State may install the electronic
brachytherapy device if the installation includes work on:
(a) The shielding of the source of radiation;
(b) The driving unit of the source of radiation; or
(c) Any other electronic or mechanical component
which may expose the source of radiation, reduce the shielding around the
source of radiation or compromise the radiation safety of the system or the
source of radiation.
2. Only a manufacturer’s representative who
is registered as a service provider with the State or an authorized medical
physicist for electronic brachytherapy may adjust, maintain, repair or service
an electronic brachytherapy device and must do so in accordance with the
guidelines of the manufacturer.
3. A registrant shall maintain the record of
any installation, maintenance, adjustment, service or repair of an electronic
brachytherapy device for at least 5 years.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5931 Electronic brachytherapy devices: Fees. (NRS 439.150, 459.201)
1. A registrant shall pay an annual fee for
the registration and inspection of an electronic brachytherapy device in the
amount of $4,400.
2. The registration fee is due within 30
days after the acquisition of the electronic brachytherapy system.
3. An annual renewal fee must be paid not
later than the date on which the registration expires. If the fee is not
received by that date, the registrant shall:
(a) Cease operating the radiation machine on that
date; and
(b) Within 5 days after the registration expires,
submit to the Division:
(1) An application for a renewal of the
registration;
(2) The fee set forth in subsection 1; and
(3) A fee for late payment that is equal to
twice the amount of the registration fee.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5932 Electronic brachytherapy devices: Validation of output;
calibration. (NRS
459.201)
1. An authorized medical physicist for electronic
brachytherapy shall validate the output of an electronic brachytherapy system.
2. Measurements for calibration must be
made:
(a) For each X-ray tube;
(b) After any repair which affects the generation
of the X-ray beam; or
(c) At any time indicated by the spot check
required by NAC 459.5934.
3. Calibration must include, without
limitation, if applicable:
(a) A determination of the output of the system
within 2 percent of the expected value, or a determination of the output if
there is no expected value;
(b) A determination of the timer accuracy and
linearity over the typical range of use;
(c) A determination of the proper operation of the
devices used for back-up control of exposure;
(d) An evaluation of whether the distribution of
the relative dose about the source is within 5 percent of that which is
expected; and
(e) A determination of the positioning of an X-ray
tube within 1 millimeter in the applicator.
4. The validation of the output must use a
dosimetry system using approved guidelines, including, without limitation, the
guidelines of the American Association of Physicists in Medicine to measure the
output.
5. A registrant shall make the calibration
measurements required by this section in accordance with any current
recommendations from a nationally recognized professional association,
including, without limitation, the American Association of Physicists in
Medicine, or an equivalent alternative method, for electronic brachytherapy
systems. If a protocol from a nationally recognized professional association is
not available, a registrant shall use the protocol included in the operation
manual for the system from the manufacturer.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5933 Electronic brachytherapy devices: Calibration of dosimetry
system. (NRS
459.201)
1. For an electronic brachytherapy system,
calibration of the dosimetry system must include the source and energy in use
and must use an established protocol such as the TG-21 protocol established by
the American Association of Physicists in Medicine.
2. A registrant shall ensure that a
dosimetry system is available to take measurements during a quality assurance
check. This system may be the same system used for calibrating the electronic
brachytherapy system pursuant to NAC
459.5932.
3. A registrant shall keep a record of each
calibration, intercomparison and comparison of the dosimetry system for the
duration of the registration. The record must include:
(a) The date of the calibration, intercomparison or
comparison;
(b) The model number and serial number of the
system which was calibrated, intercompared or compared;
(c) The name of the person who performed the
calibration, intercomparison or comparison; and
(d) If an intercomparison is performed, evidence
that the intercomparison was performed by, or under the direct supervision of,
the authorized medical physicist for electronic brachytherapy of record.
4. A registrant shall furnish a copy of all
survey and calibration records to the Division within 30 days after the
completion of the survey or calibration.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5934 Electronic brachytherapy devices: Spot checks. (NRS 459.201)
1. A registrant shall ensure that a program
is in place to perform spot checks on each electronic brachytherapy system:
(a) At the beginning of each day during which the
system will be used;
(b) Each time the system is moved to a new room or
site; and
(c) After the installation of an X-ray tube.
2. The spot check must ensure the following
components are operating properly:
(a) The indicator lights for radiation exposure on
the electronic brachytherapy system and on the control console or any other
assembly approved by the Division;
(b) The viewing and intercom systems in each
facility, if applicable;
(c) The radiation monitors, if applicable; and
(d) The integrity of all cables, catheters or parts
of the system that carry high voltages.
3. A spot check of the dosimetry of a system
must include a check which indicates that the output of the X-ray source is
within 3 percent of the expected value, including, as appropriate:
(a) Output as a function of time;
(b) Output as a function of a setting on a monitor
chamber;
(c) Verification of the consistency of the dose
distribution to within 3 percent of that found during calibration;
(d) Validation of the operation of methods of
positioning to ensure that the treatment dose exposes the intended location
within 1 millimeter; and
(e) Inspection of all treatment components for
imperfections on the day of use.
4. A registrant shall retain a record of
each spot check for at least 3 years. The record must include:
(a) The date of the spot check;
(b) The name of the manufacturer, model number and serial
number of the electronic brachytherapy system checked;
(c) Notations which indicate the operability of
radiation monitors, indicator lights for source exposure, viewing and intercom
systems, applicators, source transfer tubes, transfer tube-applicator
interfaces and the accuracy of source positioning, as applicable; and
(d) The name and signature of the person who
performed the spot check.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010;
A by R021-18, 12-30-2019)
NAC 459.5935 Electronic brachytherapy devices: Requirements for mobile
electronic brachytherapy. (NRS
459.201) A
registrant who provides services for mobile electronic brachytherapy shall:
1. Check all survey instruments before
medical use at each location of use or on each day of use, whichever is more
frequent;
2. Account for the X-ray tube in the system
before departing from a location; and
3. Perform all the periodic spot checks
required by NAC 459.5934 at each
location.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5936 Electronic brachytherapy devices: Acceptance test; comparison of
position indicators; evaluation and approval of parameters for treatment. (NRS 459.201)
1. Where applicable, an authorized medical
physicist for electronic brachytherapy shall perform an acceptance test on the
treatment planning system of computer systems used for therapy, using a
published protocol which is accepted by a nationally recognized body. The
acceptance test must verify, as applicable:
(a) The input parameters for a source which are
required by the dose-calculation algorithm;
(b) The accuracy of dose, dwell-time and
treatment-time calculations at representative points;
(c) The accuracy of isodose plots and graphic
displays;
(d) The accuracy of the software used to determine
source positions from images; and
(e) If the treatment planning system is different
from the treatment delivery system, the accuracy of electronic transfer of the
treatment delivery parameters to the treatment delivery unit from the treatment
planning system.
2. The position indicators in an applicator
must be compared to the actual position of the source or planned dwell
positions as appropriate at the time of commissioning.
3. Before each regimen for patient
treatment, the parameters for the treatment must be evaluated and approved by
the authorized user and the authorized medical physicist for electronic
brachytherapy for accuracy through means which are independent of those that
were used for the determination of the parameters.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.5937 Electronic brachytherapy devices: Quality assurance program. (NRS 459.201)
1. A facility which uses an electronic
brachytherapy system must develop and implement a quality assurance program in
compliance with the approval of the system by the United States Food and Drug
Administration. The program must be used to minimize deviations from facility
procedures and to document preventative measures taken before any serious injury
of a patient or medical event involving a therapeutic dose occurred. The
program must include, without limitation:
(a) Treatment planning, chart and treatment field
parameters;
(b) Patient simulation, verification of catheter
placement and device exchange procedures;
(c) Dose calculation and review procedures; and
(d) Reviews of daily treatment records.
2. Any deviation from a prescribed treatment
or from the program and operating procedures of the facility must be
investigated and brought to the attention of the authorized user, the
authorized medical physicist for electronic brachytherapy and the radiation
safety officer specified in NAC 459.5924.
3. A review of the program must be conducted
at least every 3 months and must include all deviations from any prescribed
treatment. A signed and dated record of each review detailing the evaluation
and findings of the review must be kept and made available for inspection by
the Division for at least 3 years.
(Added to NAC by Bd. of Health by R185-08, eff. 5-7-2010)
NAC 459.594 X-ray and electron therapy installations: General requirements. (NRS 459.201) All of the provisions of NAC 459.740 to 459.752, inclusive, except subsections 3
and 4 of NAC 459.750, apply to medical
facilities using medical therapy equipment with energies 1 MeV and above.
[Bd. of Health, Radiation Control Reg. § 6.9, eff. 2-28-80]
NAC 459.596 X-ray and electron therapy installations: Leakage radiation;
beam-limiting devices. (NRS
459.201)
1. For existing equipment and new equipment
manufactured or installed after February 28, 1980:
(a) The leakage radiation, excluding neutrons, at a
distance of 1 meter from the source must not exceed 0.1 percent of the useful
beam dose rate at 1 meter from the source for any of its operating conditions.
(b) Within 1 year after February 28, 1980, the
registrant must determine or obtain from the manufacturer for each machine the
leakage radiation of electrons, X-rays or neutrons, existing at the points
specified in paragraph (a) of this subsection, for specified operating
conditions. Records on radiation leakage must be maintained at the
installation.
(c) The Division may by specific order impose upon
any user of equipment from which neutron leakage may be a hazard such
additional requirements as it deems appropriate or necessary to protect health
or minimize danger to life or property.
2. Adjustable or interchangeable
beam-limiting devices must be provided.
3. For existing equipment and new equipment
manufactured or installed after February 28, 1980:
(a) Adjustable or interchangeable beam-limiting
devices must attenuate the radiation incident on the beam-limiting devices so
that the dose equivalent in rems at any distance from the source does not
exceed 2 percent of the maximum dose equivalent in the useful beam measured at
an equal distance from the radiation source.
(b) If the beam-limiting device does not meet the
specifications in paragraph (a) of this subsection, the Division may accept
auxiliary equipment or methods for accomplishing attenuation.
4. Dose equivalent measurements may be
averaged over an area up to but not exceeding 100 cm2 at a distance
of 1 meter from the target. In case of overlapping beam-limiting devices, the
leakage through each set must be measured independently.
[Bd. of Health, Radiation Control Reg. §§ 6.9.1-6.9.1.2.2,
eff. 2-28-80]
NAC 459.598 X-ray and electron therapy installations: Filters; beam monitors.
(NRS 459.201)
1. In equipment which uses a system of wedge
filters, interchangeable field flattening filters or beam scattering filters:
(a) Irradiation must not be possible until a
selection of filter has been made at the treatment control panel;
(b) An interlock system must be provided to prevent
irradiation if the filter is not in the correct position; and
(c) A display must be provided at the treatment
control panel showing the filter, filters or zero filter in use.
2. Existing equipment and new equipment
manufactured or installed after February 28, 1980, must be provided with at
least one radiation detector in the radiation head. This detector must be
incorporated into a primary system. Each detector:
(a) Must be capable of independently monitoring and
controlling the useful beam; and
(b) Must form part of a dose monitoring system from
whose readings in dose monitor units the absorbed dose at a reference point in
the treatment volume can be calculated.
3. Each dose monitoring system must have a
legible display at the treatment control panel which must:
(a) Maintain a reading until intentionally reset;
(b) In the event of power failure, have the
capability of retrieving the information displayed at the time of failure; and
(c) Be designed so that increasing doses are
displayed by increasing numbers and in any over-dosage of radiation the
absorbed dose may be accurately determined.
[Bd. of Health, Radiation Control Reg. §§ 6.9.1.3-6.9.1.4.3.3,
eff. 2-28-80]
NAC 459.600 X-ray and electron therapy installations: Dose monitors. (NRS 459.201)
1. Irradiation must not be possible until a
selection of a number of dose monitor units has been made at the treatment
control panel.
2. After useful beam termination, it must be
necessary to reset the preselected dose monitor units before treatment can be
reinitiated.
3. The preselected number of dose monitor
units must be displayed at the treatment control panel until reset for the next
irradiation.
4. Each of the monitoring systems must be
capable of independently terminating irradiation. Provisions must be made to
test the correct operation of each system.
5. Each primary system must terminate
irradiation when the preselected number of dose monitor units has been reached
and each secondary system must be used as a backup.
[Bd. of Health, Radiation Control Reg. §§ 6.9.1.5-6.9.1.6.2,
eff. 2-28-80]
NAC 459.602 X-ray and electron therapy installations: Switches; timers. (NRS 459.201)
1. It must be possible to terminate
irradiation and equipment movements or to go from an interruption condition to
termination conditions at any time from the treatment control panel.
2. It must be possible to interrupt
irradiation and equipment movements at any time from the treatment control
panel. Following an interruption it must be possible to restart irradiation by
operator action without any reselection of operating conditions.
3. A timer must be provided which has a
display at the treatment control panel. The timer must have a preset time
selector and an elapsed time indicator.
4. The timer must be a cumulative timer
which switches on and off with the radiation and retains its reading after
irradiation is interrupted or terminated. It must be necessary to zero and
reset the elapsed time indicator and the preset time selector after irradiation
is terminated before irradiation will again be possible.
5. To guard against failure of the dose
monitoring systems, the timer must terminate irradiation when a preselected
time has elapsed.
[Bd. of Health, Radiation Control Reg. §§ 6.9.1.7-6.9.1.9.3,
eff. 2-28-80]
NAC 459.604 X-ray and electron therapy installations: Selections of radiation
type, energy, and stationary or moving beam. (NRS
459.201)
1. In equipment capable of both X-ray
therapy and electron therapy:
(a) Irradiation must not be possible until a
selection of radiation types, either X-rays or electrons, has been made at the
treatment control panel; and
(b) The radiation type selected must be displayed
at the treatment control panel before and during irradiation.
2. In equipment capable of generating
radiation beams of different energies:
(a) Irradiation must not be possible until a
selection of energy has been made at the treatment control panel; and
(b) The energy and type of irradiation selected,
either X-rays or electrons, must be displayed at the treatment control panel
before and during irradiation.
3. In equipment capable of both
stationary-beam therapy and moving-beam therapy:
(a) Irradiation must not be possible until a
selection of stationary-beam therapy or moving-beam therapy has been made at
the treatment control panel;
(b) Moving-beam therapy must be controlled so that
the required dose monitor units per degree of rotation is obtained; and
(c) The mode of operation must be displayed at the
treatment control panel.
[Bd. of Health, Radiation Control Reg. §§ 6.9.1.10-6.9.1.12.3,
eff. 2-28-80]
NAC 459.606 X-ray and electron therapy installations: Focal spot; beam
orientation; system checks. (NRS
459.201)
1. The registrant must determine or obtain
from the manufacturer the location with reference to an accessible point on the
radiation head of:
(a) The X-ray target and the virtual source of
X-rays;
(b) The electron window or the scattering foil, or
both; and
(c) All possible orientations of the useful beam.
2. Facilities must be provided so that all
radiation safety interlocks can be checked. When preselection of any of the
operating conditions requires action in the treatment room and at the treatment
control panel, selection at one location must not give a display at the other
location until the requisite selected operations in both locations have been
completed.
[Bd. of Health, Radiation Control Reg. §§ 6.9.1.13-6.9.1.14,
eff. 2-28-80]
NAC 459.608 X-ray and electron therapy installations: Shielding requirements.
(NRS 459.201) Shielding must be adequate
to meet the requirements of NAC 459.320
to 459.374, inclusive. In addition, each
of the following design requirements apply:
1. Except for entrance doors, all the
required barriers must be fixed barriers.
2. The control panel must be located outside
the treatment room or within a protective booth equipped with an interlocked
door which is electrically connected to the control panel so that the door must
be closed during radiation production.
3. Windows, mirror systems, closed-circuit
television viewing screens or other equivalent viewing systems must be provided
to permit continuous observation of the patient during irradiation and must be
located so that the operator may see the patient and the control panel from the
same position. When the viewing system is by electronic means, for example,
television, an alternate viewing system must be provided for use in any failure
of the primary system.
4. Provisions must be made for two-way aural
communication with the patient from the control station.
5. Treatment rooms to which access is
possible through more than one entrance must be provided with warning lights in
a readily observable position near the outside of all access doors which will
indicate when the useful beam is on.
6. Interlocks must be provided so that all
entrance doors must be closed before treatment can be initiated or continued.
If the radiation beam is interrupted by any door opening, it must be possible
to restore the machine to operation only by closing the door and subsequently
reinitiating exposure by manual action at the control panel.
[Bd. of Health, Radiation Control Reg. §§ 6.9.2-6.9.2.6,
eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.610 X-ray and electron therapy installations: Surveys; operating
procedure; calibration. (NRS
459.201)
1. All new facilities and existing
facilities not previously surveyed must have a survey of radiation protection
made by, or under the direction of, a qualified expert. This survey must also
be done after any change in the facility or equipment which might cause a
significant increase in radiation hazard.
2. The expert must report his or her
findings in writing to the person in charge of the facility, and a copy of the
report must be transmitted by the registrant to the Division.
3. The survey and report must indicate all
instances where, in the opinion of the qualified expert, the installation is in
violation of any applicable regulation for protection against radiation and
must cite the sections violated.
4. No person other than the patient may be
in the treatment room during treatment. When a patient must be held in position
for radiation therapy, mechanical supporting or restraining devices must be
used.
5. The output of each therapeutic radiation
machine must be calibrated by a qualified expert, before the machine is first
used for medical purposes. Calibrations must be repeated at least once every 12
months and after any change which might significantly increase radiation
hazards. Records of calibrations must be provided to and maintained by the
registrant. The calibration must include at least the following determinations:
(a) Verification that the equipment is operating in
compliance with the design specifications concerning the light localizer, the
side light and backpointer alignment with the isocenter, when applicable,
variation in the axis of rotation for the table, gantry and jaw system and beam
flatness and symmetry at the specified depths.
(b) The exposure rate or dose rate for the range
and field sizes used and for each effective energy and for each treatment
distance used for radiation therapy.
(c) The effective energy, for example, half-value
layer when appropriate, for every combination of kVp and filter used for
radiation therapy.
(d) The congruence between the radiation field and
the field indicated by the localizing device when localizing devices are used
for radiation therapy.
(e) The uniformity of the radiation field and its
dependence upon the direction of the useful beam.
(f) The calibration determinations must be provided
in sufficient detail so that the absorbed dose in rads to tissue adjacent to,
as well as in the useful beam, may be calculated to within ±5 percent of the
intended absorbed dose.
[Bd. of Health, Radiation Control Reg. §§ 6.9.3-6.9.3.3.6,
eff. 2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.612 X-ray and electron therapy installations: Spot checks. (NRS 459.201)
1. A spot check must be made daily with use
and include carefully selected representative or indicative measurements which
will demonstrate the consistency of relevant machine operating characteristics
or lack of those characteristics.
2. The spot-check methods must be in writing
and have been designed by a qualified expert.
3. Spot checks which are erratic or
inconsistent with calibration data must be investigated promptly.
4. For machines in which beam quality may
vary significantly, spot checks must include quality checks.
5. Whenever a spot check indicates a
significant change, as specified in the qualified expert’s spot-check design,
in the operating characteristics of a machine, the machine must be recalibrated
as required in subsection 5 of NAC 459.610.
6. Where a machine has built-in devices
which provide a self-check of any parameter during irradiation, that parameter
may be spot checked weekly instead of daily.
7. A log must be kept of all spot-check
measurements.
[Bd. of Health, Radiation Control Reg. §§ 6.9.3.4-6.9.3.4.7,
eff. 2-28-80]
NAC 459.614 Veterinary medicine radiographic installations. (NRS 459.201)
1. The protective tube housing must be of
the diagnostic type.
2. Diaphragms or cones must be provided for
collimating the useful beam to the area of clinical interest and must provide
the same degree of protection as is required of the housing.
3. The total filtration permanently in the
useful beam must not be less than 0.5 millimeters aluminum equivalent for
machines operating up to 50 kVp, 1.5 millimeters aluminum equivalent for
machines operating between 50-70 kVp, and 2.5 millimeters aluminum equivalent
for machines operating above 70 kVp.
4. A device must be provided to terminate
the exposure after a preset time or exposure.
5. A dead-man type of exposure switch must
be provided together with an electrical cord of sufficient length so that the
operator can stand out of the useful beam and at least 6 feet from the animal
during all X-ray exposures.
6. All wall, ceiling and floor areas must be
equivalent to or provided with applicable protective barriers as required in NAC 459.325, 459.331 and 459.335.
7. The operator shall stand well away from
the useful beam and the animal during radiographic exposures.
8. No person other than the operator may be
in the X-ray room while exposures are being made unless the person’s assistance
is required.
9. When an animal must be held in position
during radiography, mechanical supporting or restraining devices should be
used. If the animal must be held by a person, the person must be protected with
appropriate shielding devices, such as protective gloves and apron, and he or
she must be positioned so that no part of his or her body will be struck by the
useful beam. The exposure of any person used for this purpose must be monitored
and permanently recorded.
10. For an X-ray system that has not been
previously approved for human use, the degree of accuracy of:
(a) The indicated value of kVp of an X-ray system
used for veterinary medicine must be within 10 percent when measured or the
limits set by the manufacturer for that X-ray system if those limits specify
otherwise;
(b) The timer of an X-ray system used for
veterinary medicine must be within 20 percent when measured or the limits set
by the manufacturer for that X-ray system if those limits specify otherwise;
and
(c) An indicator of the field size which measures
in inches or centimeters on a variable aperture beam-limiting device of an
X-ray system used for veterinary medicine equipped with such an indicator must
be within 2 percent of the source-image receptor distance when measured or, if
a variable aperture beam-limiting device of an X-ray system used for veterinary
medicine is not equipped with such an indicator, the X-ray field must be
aligned with the center of the beam axis and the adjustable field size must be
operable.
11. An X-ray system that was previously
approved and used for human use may be used for veterinary medicine if the
X-ray system continues to comply with the criteria of the United States Food
and Drug Administration for systems approved for human use.
[Bd. of Health, Radiation Control Reg. §§ 6.10-6.10.3.3,
eff. 2-28-80]—(NAC A 1-18-94; R144-13, 10-13-2016)
NAC 459.616 Other radiographic systems: Beam limitation. (NRS 459.201) The useful beam must be
limited to the area of clinical interest.
[Bd. of Health, Radiation Control Reg. §§ 6.6 &
6.6.1, eff. 2-28-80]
NAC 459.618 General purpose X-ray systems: Stationary and mobile. (NRS 459.201)
1. A means must be provided for stepless
adjustment of the size of the X-ray field.
2. A means must be provided for visually
defining the perimeter of the X-ray field. The total misalignment of the edges
of the visually defined field with the respective edges of the X-ray field
along either the length or width of the visually defined field must not exceed
2 percent of the distance from the source to the center of the visually defined
field when the surface upon which it appears is perpendicular to the axis of
the X-ray beam.
3. The Division may grant an exemption from
subsections 1 and 2 for an uncertified X-ray system if the registrant makes a
written application for the exemption and in his or her application
demonstrates that:
(a) It is impractical to comply with subsections 1
and 2; and
(b) The purpose of NAC 459.400 to 459.624, inclusive, will be met by other
means.
4. All stationary general purpose X-ray
systems must meet the following additional requirements:
(a) The beam-limiting device must numerically
indicate the field size in the plane of the image receptor to which it is
adjusted;
(b) Indication of field size dimensions and source-image
receptor distances must be specified in inches or centimeters, or both, and
must be such that aperture adjustments result in X-ray field dimensions in the
plane of the image receptor which correspond to those of the image receptor to
within 2 percent of the source-image receptor distance when the beam axis is
perpendicular to the plane of the image receptor; and
(c) A means must be provided to indicate when the
axis of the X-ray beam is perpendicular to the plane of the image receptor, to
align the center X-ray field with respect to the center of the image receptor
to within 2 percent of the source-image receptor distance, and to indicate the
source-image receptor distance to within 2 percent.
5. Radiographic equipment designed for only
one image receptor size at a fixed source-image receptor distance must be
provided with means to limit the field at the plane of the image receptor to
dimensions no greater than those of the image receptor, and to align the center
of the X-ray field with the center of the image receptor to within 2 percent of
the source-image receptor distance.
6. All radiographic equipment must:
(a) Only be used for its designed purpose, as
specified by the manufacturer; and
(b) Be maintained and serviced in accordance with
the manufacturer’s recommendations unless there is a documented change to the
maintenance and service requirements by the manufacturer or the radiographic
equipment is certified and labeled in accordance with 21 C.F.R. §§ 1010.1 to
1010.5, inclusive, and 1020.31.
[Bd. of Health, Radiation Control Reg. §§ 6.6.1.1-6.6.1.3,
eff. 2-28-80]—(NAC A 4-27-84; R144-13, 10-13-2016)
NAC 459.620 Other radiographic systems: Special purpose systems. (NRS 459.201) For special purpose X-ray
systems:
1. A means must be provided to limit the
X-ray field in the plane of the image receptor so that the X-ray field is
within 2 percent of the source-image receptor distance in each dimension of the
X-ray field when the axis of the X-ray beam is perpendicular to the plane of
the image receptor.
2. A means must be provided to align the
center of the X-ray field with the center of the image receptor to within 2
percent of the source-image receptor distance.
3. Subsections 1 and 2 may be met with a
system that meets the requirements for a general purpose X-ray system as
specified in NAC 459.618, or, when
alignment means are also provided, may be met with either:
(a) An assortment of removable, fixed-aperture,
beam-limiting devices sufficient to meet the requirement for each combination
of image receptor size and source-image receptor distance for which the unit is
designed with each such device having clear and permanent markings to indicate
the image receptor size and source-image receptor distance for which it is designed;
or
(b) A beam-limiting device having multiple fixed
apertures sufficient to meet the requirement for each combination of image
receptor size and source-image receptor distance for which the unit is
designed. Permanent, clearly legible markings must indicate the image receptor
size and source-image receptor distance for which each aperture is designed and
indicate which aperture is in position for use.
[Bd. of Health, Radiation Control Reg. §§ 6.6.1.4-6.6.1.4.3.2,
eff. 2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.622 Devices to control exposures. (NRS
459.201)
1. A means must be provided to terminate the
exposure at a preset time interval, preset product of current and time, a
preset number of pulses or a preset radiation exposure to the image receptor.
In addition:
(a) Termination of exposure must cause automatic
resetting of the timer to its initial setting or to zero; and
(b) It must not be possible to make an exposure
when the timer is set to a zero or off position if either position is provided.
2. A control must be incorporated into each
X-ray system so an exposure can be terminated at any time except for:
(a) Exposure of one-half second or less; or
(b) During serial radiography when means must be
provided to permit completion of any single exposure of the series in process.
3. Each X-ray control must be located so
that it meets the following criteria:
(a) For stationary X-ray systems, and mobile and
portable X-ray systems used as stationary X-ray systems, the control must be
permanently mounted in a protected area. The operator shall remain in the
protected area during the entire exposure.
(b) For mobile and portable X-ray systems, the
exposure switch cord must be at least 6 feet long.
(c) The X-ray control must provide visual
indication observable at or from the operator’s protected position whenever
X-rays are produced. In addition, a signal audible to the operator must
indicate that the exposure has terminated.
4. When an automatic exposure control is
provided:
(a) Indication must be made on the control panel
when this mode of operation is selected;
(b) When the X-ray tube potential is equal to or
greater than 50 kVp, the minimum exposure time for field emission equipment rated
for pulsed operation must be equal to or less than a time interval equivalent
to two pulses;
(c) The minimum exposure time for all equipment
other than that specified in paragraph (b) must be equal to or less than
one-sixtieth of a second or a time interval required to deliver 5 mAs,
whichever is greater;
(d) Either the product of peak X-ray tube
potential, current, and exposure time must be limited to not more than 60 kWs
per exposure or the product of X-ray tube current and exposure time must be limited
to not more than 600 mAs per exposure except when the X-ray tube potential is
less than 50 kVp, in which case the product of X-ray tube current and exposure
time must be limited to not more than 2000 mAs per exposure; and
(e) A visible signal must indicate when an exposure
has been terminated at the limits described in paragraph (d), and manual
resetting must be required before further automatically timed exposures can be
made.
5. With a timer setting of 0.5 seconds or
less, the average exposure period (T) must be greater than or equal to five
times the maximum exposure period (T max) minus the minimum exposure period (T
min) when four timer tests are performed, for example, T 5 (T max-T min).
6. Deviation of measured technique factors
from indicated values of kVp and exposure time must not exceed the limits
specified for that system by its manufacturer. In the absence of the
manufacturer’s specifications, the deviation must not exceed 10 percent of the
indicated value for kVp and 20 percent for exposure. All timers must be
accurate to within ±20 percent of the selected value.
7. If a fixed X-ray tube potential is within
the range of 40 percent to 100 percent of the maximum rated and:
(a) The equipment has independent selection of
X-ray tube current (mA), the average ratios of air kerma to the indicated
milliampere-seconds product (mGy/mAs) obtained at any two consecutive tube
current settings must not differ by more than 0.10 times their sum. This is
|X1-X2|≤0.10(X1+X2), where X1 and X2 are the average mGy/mAs values
obtained at each of two consecutive mAs selector settings or at two settings
differing by not more than a factor of 2 where the mAs selector provides
continuous selection.
(b) The equipment was manufactured after May 3,
1994, and has selection of X-ray tube current-exposure time product (mAs), the
average ratios of air kerma to the indicated milliampere-seconds product
(mGy/mAs) obtained at any two consecutive mAs selector settings must not differ
by more than 0.10 times their sum. This is |X1-X2|≤0.10(X1+X2), where X1
and X2 are the average mGy/mAs values obtained at each of two consecutive mAs
selector settings or at two settings differing by not more than a factor of 2
where the mAs selector provides continuous selection.
[Bd. of Health, Radiation Control Reg. §§ 6.6.2-6.6.2.2.5,
eff. 2-28-80]—(NAC A by R185-08, 5-7-2010; R021-18, 12-30-2019)
NAC 459.624 Other radiographic systems: Source to skin distance; exposure
reproducibility; standby radiation. (NRS
459.201)
1. Except as otherwise provided in NAC 459.5595, all mobile or portable
radiographic systems must be provided with a means to limit the source to skin
distance to not less than 30 centimeters.
2. The exposure produced must be
reproducible to the following criteria: When all technique factors are held
constant, the coefficient of variation must not exceed 0.10. This requirement
is met if, when four exposures at identical technique factors are made, the
value of the average exposure (E) is greater than or equal to five times the
maximum exposure (E max) minus the minimum exposure (E min) in accordance with
the formula: E 5 (E max-E min).
3. Radiation emitted from the X-ray tube
when the exposure switch or timer is not activated must not exceed a rate of 2
milliroentgens per hour at 5 centimeters from any accessible surface of the
diagnostic source assembly, with the beam-limiting device fully open.
[Bd. of Health, Radiation Control Reg. §§ 6.6.3-6.6.5,
eff. 2-28-80]—(NAC A by R185-08, 5-7-2010)
Radiation Safety Requirements for Analytical X-Ray
Equipment
NAC 459.640 Definitions. As
used in NAC 459.640 to 459.664, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.642 to 459.654, inclusive, have the meanings
ascribed to them in those sections.
(Supplied in codification)
NAC 459.642 “Analytical X-ray equipment” defined. (NRS 459.201) “Analytical X-ray
equipment” means equipment used for X-ray diffraction or fluorescence analysis.
[Bd. of Health, Radiation Control Reg. § 8.2.1, eff. 2-28-80]
NAC 459.644 “Analytical X-ray system” defined. (NRS 459.201) “Analytical X-ray system”
means a group of local and remote components utilizing X-rays to determine the
elemental composition or to examine the microstructure of materials.
[Bd. of Health, Radiation Control Reg. § 8.2.2, eff. 2-28-80]
NAC 459.646 “Fail-safe characteristics” defined. (NRS 459.201) “Fail-safe
characteristics” means design features which cause beam port shutters to close
or which otherwise prevent emergence of the primary beam upon the failure of a
safety or warning device.
[Bd. of Health, Radiation Control Reg. § 8.2.3, eff. 2-28-80]
NAC 459.648 “Local components” defined. (NRS
459.201)
1. “Local components” means part of an
analytical X-ray system and includes areas exposed to X-rays, such as radiation
source housings, port and shutter assemblies, collimators, sample holders,
cameras, goniometers, detectors and shielding.
2. The term does not include power supplies,
transformers, amplifiers, readout devices and control panels.
[Bd. of Health, Radiation Control Reg. § 8.2.4, eff. 2-28-80]
NAC 459.650 “Normal operating procedures” defined. (NRS 459.030, 459.201) “Normal
operating procedures” means operating procedures necessary to accomplish the
X-ray procedure being performed, including, without limitation, positioning of
the equipment and the object being examined, alignment of the equipment,
routine maintenance of the equipment and the procedures for recording data
relating to radiation safety.
[Bd. of Health,
Radiation Control Reg. § 8.2.5, eff. 2-28-80]—(NAC A by Dep’t of Human
Resources by R137-01, 5-30-2003)
NAC 459.652 “Open-beam configuration” defined. (NRS 459.201) “Open-beam configuration”
means an analytical X-ray system in which a person could accidentally place
some part of his or her body in the primary beam path during a normal operation.
[Bd. of Health, Radiation Control Reg. § 8.2.6, eff. 2-28-80]
NAC 459.654 “Primary beam” defined. (NRS
459.201) “Primary
beam” means ionizing radiation which passes through an aperture of the source
housing by a direct path from the X-ray tube or a radioactive source located in
the radiation source housing.
[Bd. of Health, Radiation Control Reg. § 8.2.7, eff. 2-28-80]
NAC 459.656 Scope. (NRS 459.030, 459.201) The
provisions of NAC 459.640 to 459.664, inclusive, establish requirements,
binding upon registrants, for use of analytical X-ray equipment. These
requirements are in addition to, and not in substitution for, other applicable
requirements of NAC 459.010 to 459.794, inclusive.
[Bd. of Health,
Radiation Control Reg. § 8.1, eff. 2-28-80]—(NAC A by Dep’t of Human Resources
by R137-01, 5-30-2003)
NAC 459.658 Equipment requirements. (NRS
459.201)
1. A safety device which prevents the entry
of any portion of a person’s body into the primary X-ray beam path or which
causes the beam to be shut off upon entry into its path must be provided on all
open-beam configurations. A registrant or licensee may apply to the Division
for an exemption from the requirements of a safety device. Such an application
must include:
(a) A description of the various safety devices
that have been evaluated;
(b) The reason each of these devices cannot be
used; and
(c) A description of the alternative methods that
will be employed to minimize the possibility of an accidental exposure,
including procedures to ensure that operators and others in the area will be
informed of the absence of safety devices.
2. Open-beam configuration must be provided
with a readily discernible indication of:
(a) X-ray tube status whether on or off, located
near the radiation source housing if the primary beam is controlled in this
matter; or
(b) Shutter status whether open or closed, located
near each port on the radiation source housing if the primary beam is
controlled in this manner.
3. Warning devices must be so labeled that
their purpose is easily identified. On equipment installed after February 28,
1980, warning devices must have fail-safe characteristics.
4. Unused ports on radiation source housings
must be secured in the closed position in a manner which will prevent casual
openings.
5. All analytical X-ray equipment must be
labeled with a readily discernible sign bearing the radiation caution symbol
and the words:
(a) “CAUTION - HIGH INTENSITY X-RAY BEAM,” or words
having a similar intent, on the X-ray source housing; and
(b) “CAUTION RADIATION - THIS EQUIPMENT PRODUCES
RADIATION WHEN ENERGIZED,” or words having a similar intent, near any switch
that energizes an X-ray tube if the radiation source is an X-ray tube; or
(c) “CAUTION - RADIOACTIVE MATERIAL,” or words
having a similar intent, on the source housing if the radiation source is a
radionuclide.
6. On open-beam configurations installed
after February 28, 1980, each port on the radiation source housing must be
equipped with a shutter that cannot be opened unless a collimator or a coupling
has been connected to the port.
7. An easily visible warning light labeled
with the words “X-RAY ON,” or words having a similar intent, must be located:
(a) Near any switch that energizes an X-ray tube
and be illuminated only when the tube is energized; or
(b) In the case of a radioactive source, near any
switch that opens a housing shutter and be illuminated only when the shutter is
open.
8. On equipment installed after February 28,
1980, warning lights must have fail-safe characteristics.
9. Each X-ray tube housing must be
constructed so that with all shutters closed the leakage radiation measured at
a distance of 5 cm from its surface is not capable of producing a dose in
excess of 2.5 mrem in 1 hour at any specified tube rating. If radioactive
sources are used, corresponding dose limits must not exceed 2 mrem per hour.
10. Each X-ray generator must be supplied
with a protective cabinet which limits leakage radiation measured at a distance
of 5 cm from its surface so that it is not capable of producing a dose in
excess of 0.25 mrem in 1 hour.
[Bd. of Health, Radiation Control Reg. §§ 8.3-8.3.8,
eff. 2-28-80]
NAC 459.660 Area requirements. (NRS
459.201)
1. The local components of an analytical
X-ray system must be so located and arranged to include sufficient shielding or
access control so that no radiation levels exist in any area surrounding the
local component group which could result in a dose to a person present therein
in excess of the dose limits given in NAC
459.335. For systems utilizing X-ray tubes, these levels must be met at any
specified tube rating.
2. Radiation surveys, as required by NAC 459.337, of all analytical X-ray
systems sufficient to show compliance with subsection 1 must be performed:
(a) Upon installation of the equipment and at least
every 12 months thereafter;
(b) Following any change in the initial
arrangement, number or type of local components in the system;
(c) Following any maintenance requiring the
disassembly or removal of a local component in the system;
(d) During the performance of maintenance and
alignment procedures if the procedures require the presence of a primary X-ray
beam when any local component in the system is disassembled or removed;
(e) Any time a visual inspection of the local
components in the system reveals an abnormal condition; and
(f) Whenever personnel monitoring devices show a
significant increase over the previous monitoring period or when the readings
are approaching the radiation dose limits specified in NAC 459.320 to 459.374, inclusive.
3. Radiation survey measurements are not
required if a registrant or licensee can demonstrate compliance with subsection
1 to the satisfaction of the Division in some other manner.
4. Each area or room containing analytical
X-ray equipment must be conspicuously posted with a sign or signs bearing the
radiation caution symbol and the words “CAUTION - X-RAY EQUIPMENT,” or words having
a similar intent.
[Bd. of Health, Radiation Control Reg. §§ 8.4-8.4.3,
eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.662 Operating requirements. (NRS
459.201)
1. Normal operating procedures must be
written and made available to all workers on analytical X-ray equipment. No
person may operate analytical X-ray equipment in any manner other than that
specified in the procedures unless he or she has obtained written approval of
the person responsible for radiation safety.
2. No person may bypass a safety device
unless he or she has obtained the approval of the person responsible for
radiation safety. Such an approval must be for a specified period. When a
safety device has been bypassed, a readily discernible sign bearing the words
“SAFETY DEVICE NOT WORKING,” or words having a similar meaning, must be placed
on the radiation source housing and the control panel.
[Bd. of Health, Radiation Control Reg. §§ 8.5-8.5.2,
eff. 2-28-80]
NAC 459.664 Personnel requirements. (NRS
459.201)
1. No person may operate or maintain
analytical X-ray equipment unless he or she has received instruction in and
demonstrated competence with regard to:
(a) Identification of radiation hazards associated
with the use of the equipment;
(b) Significance of the various radiation warning
and safety devices incorporated into the equipment, or the reasons they have
not been installed on certain pieces of equipment and the extra precautions
required in such cases;
(c) Proper operating procedures for the equipment;
(d) Symptoms of an acute localized exposure; and
(e) Proper procedures for reporting an actual or
suspected exposure.
2. Each licensee or registrant shall
maintain, for inspection by the Division, records of training which demonstrate
that the requirements of subsection 1 have been met.
3. Finger or wrist dosimetric devices must
be provided to and used by:
(a) Workers on analytical X-ray equipment having an
open-beam configuration and not equipped with a safety device; and
(b) Personnel maintaining analytical X-ray
equipment if the maintenance procedures require the presence of a primary X-ray
beam when any local component in the analytical X-ray system is disassembled or
removed.
4. Reported dose values may not be used for
the purpose of determining compliance with NAC
459.325 unless evaluated by a qualified expert.
[Bd. of Health, Radiation Control Reg. §§ 8.6-8.6.2.2,
eff. 2-28-80]—(NAC A 1-18-94)
Radiation Safety Requirements for X-Ray Industrial
Radiography
NAC 459.680 Definitions.
(NRS
459.030, 459.201) As used in NAC 459.680 to 459.733, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.684 to 459.7037, inclusive, have the meanings
ascribed to them in those sections.
(Supplied in
codification; A by Bd. of Health, 4-27-84; 1-21-94; A by Dep’t of Human
Resources by R137-01, 5-30-2003)
NAC 459.684 “Cabinet X-ray system” defined. (NRS
459.030, 459.201) “Cabinet X-ray system”
means an X-ray system with the X-ray tube installed in a cabinet that,
independent of existing architectural structures except for the floor on which
it may be placed, is intended to contain at least that portion of the material
that is being irradiated, provide radiation attenuation and exclude personnel
from its interior during generation of X radiation. Included are all X-ray
systems designed primarily for the inspection of carry-on baggage at airline,
railroad and bus terminals and in similar facilities. An X-ray tube used within
a shielded part of a building, or X-ray equipment which may temporarily or
occasionally incorporate portable shielding, is not considered a cabinet X-ray
system.
[Bd. of Health,
Radiation Control Reg. § 5.3.1.1.1, eff. 2-28-80]—(NAC A by Dep’t of Human
Resources by R137-01, 5-30-2003)
NAC 459.6843 “Control panel” defined. (NRS
459.030) “Control
panel” has the meaning ascribed to in NAC
459.422.
(Added to NAC by Dep’t
of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.6847 “Direct reading pocket dosimeter” defined. (NRS 459.030) “Direct reading
pocket dosimeter” means an ion-chamber pocket dosimeter or an electronic
personal dosimeter.
(Added to NAC by Dep’t
of Human Resources by R137-01, eff. 5-30-2003)
NAC 459.7015 “Storage area” defined. (NRS
459.030, 459.201) “Storage area” means any
location, facility or vehicle used to store or secure an X-ray system when it
is not in use.
(Added to NAC by Bd. of Health, eff. 1-21-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.7033 “X-ray industrial radiography” defined. (NRS 459.030) “X-ray industrial
radiography” means the examination of the macroscopic structure of materials by
nondestructive methods utilizing X-ray sources of radiation. The term includes,
without limitation, such an examination by an X-ray system which is designed as
a screening system for the security of personnel and is used to detect
contraband and weapons.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R144-13, 10-13-2016)
NAC 459.7037 “X-ray system” defined. (NRS
459.030) “X-ray
system” has the meaning ascribed to it in NAC
459.542.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.704 Purpose; applicability. (NRS
459.030, 459.201)
1. The provisions of NAC 459.680 to 459.733, inclusive, establish radiation
safety requirements for persons engaged in X-ray industrial radiography. These
requirements are in addition to and not in substitution for other applicable
requirements of NAC 459.010 to 459.950, inclusive.
2. The provisions of NAC 459.680 to 459.733, inclusive, apply to all
registrants who engage in X-ray industrial radiography.
[Bd. of Health, Radiation Control Reg. §§ 5.1 &
5.2, eff. 2-28-80]—(NAC A by R084-98, 1-26-99; A by Dep’t of Human Resources by
R137-01, 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008)
NAC 459.705 X-ray systems: Training requirements for operators. (NRS 459.030)
1. A person who operates an X-ray system for
X-ray industrial radiography must:
(a) Be trained in the:
(1) Normal operating procedures for each X-ray
system he or she operates; and
(2) Emergency procedures related to radiation
safety for each facility at which he or she operates; and
(b) Receive the information, instruction or advice
set forth in subsection 1 of NAC 459.784.
2. A registrant engaged in X-ray industrial
radiography shall make a record of all such training and maintain such records
for not less than 3 years after the termination of the employee.
3. As used in this section, “normal operating
procedures” has the meaning ascribed to it in NAC
459.650.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.707 X-ray systems: Warning devices. (NRS
459.030) An
X-ray system used in X-ray industrial radiography must:
1. Have an indication light that indicates
when the X-ray system is operating. The light must be clearly visible from any
area with access to the X-ray system.
2. If it is a cabinet X-ray system, comply
with NAC 459.737.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.708 X-ray systems: Locking systems. (NRS
459.030, 459.201)
1. An X-ray system that is located in an
unrestricted area must be provided with a lock on the control panel of the
system which is designed to prevent unauthorized use of the system or
accidental production of radiation.
2. If an X-ray system, other than a cabinet
X-ray system, is placed in a storage area, the X-ray system must be locked with
the key removed.
[Bd. of Health, Radiation Control Reg. §§ 5.4.2 &
5.4.2.2, eff. 2-28-80]—(NAC A 4-27-84; 1-21-94; A by Dep’t of Human Resources
by R137-01, 5-30-2003)
NAC 459.710 X-ray systems: Securing systems. (NRS
459.030, 459.201) An X-ray system must be
physically secured to prevent tampering or removal by unauthorized personnel.
[Bd. of Health, Radiation Control Reg. § 5.4.3, eff. 2-28-80]—(NAC
A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.712 Equipment control: Radiation survey instruments. (NRS 459.030, 459.201)
1. The registrant shall maintain sufficient
calibrated and operable radiation survey instruments at each location where
radiation producing equipment is used. Instrumentation required by this section
must have a range such that 2 millirems (0.02 millisievert) per hour through 1
rem (0.01 sievert) per hour can be measured.
2. Each radiation survey instrument must be
calibrated:
(a) Against appropriate energy at intervals not
exceeding 6 months and, except for battery changes, after each servicing of the
instrument;
(b) So that accuracy within plus or minus 20
percent can be demonstrated at each point checked; and
(c) At two or more widely separated points, other
than zero, on each scale, as follows:
(1) For linear scale instruments, at two
points located approximately one-third and two-thirds of full scale on each
scale;
(2) For logarithmic scale instruments, at the
mid-range of each decade and at two points of at least one decade; and
(3) For digital instruments, at 3 points
between 2 millirems (0.02 millisievert) per hour and 1 rem (0.01 sievert) per
hour.
3. Records of these calibrations must be
maintained for at least 3 years after the calibration date for inspection by
the Division.
[Bd. of Health, Radiation Control Reg. §§ 5.4.4-5.4.4.3,
eff. 2-28-80]—(NAC A 1-18-94; 1-21-94; A by Dep’t of Human Resources by R137-01,
5-30-2003; A by Bd. of Health by R144-13, 10-13-2016)
NAC 459.716 Equipment control: Inspection and maintenance. (NRS 459.030, 459.201)
1. The registrant shall perform visual and
operability checks of the indication lights and warning lights of an X-ray
system before use each day the X-ray system is used to ensure that the X-ray
system is in good working order. If this check reveals damage to or other
problems with the X-ray system or any component thereof, the licensee or
registrant shall make a record of the problem.
2. Each licensee shall conduct a program of
at least semiannual inspection and routine maintenance of X-ray systems and the
components thereof, including, without limitation, interlocks, indication
lights, exposure switches, warning lights and cables.
3. Records of inspection and maintenance,
and records of defects or problems created pursuant to subsection 1, must be
kept for inspection by the Division for not less than 3 years.
4. If any check or inspection conducted
pursuant to this section reveals damage to or other problems with an X-ray
system or any component thereof, the X-ray system must be removed from service
until repairs have been made.
[Bd. of Health, Radiation Control Reg. §§ 5.4.8-5.4.8.2,
eff. 2-28-80]—(NAC A 4-27-84; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.719 Precautionary procedures: Posting of signs. (NRS 459.030) A registrant that engages
in X-ray industrial radiology shall post with signs, in the manner set forth in
subsection 2 of NAC 459.3555, any
pathway leading to a high radiation area and any barrier, including a temporary
barrier, that is intended to prevent unauthorized access to a high radiation
area.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
NAC 459.7234 Requirements for radiation safety officer. (NRS 459.030, 459.201)
1. A registrant that engages in the practice
of X-ray industrial radiography shall appoint a radiation safety officer for
the radiographic operation.
2. A radiation safety officer shall:
(a) Ensure that the daily operation of X-ray
industrial radiography is conducted in accordance with the provisions of this
chapter.
(b) Establish and oversee operating and emergency
procedures and procedures to ensure that the level of radiation is as low as is
reasonably achievable. The radiation safety officer shall review these
procedures at least once each year to ensure that the procedures conform to the
requirements set forth in this chapter.
(c) Approve and oversee all phases of the training
program for radiographic personnel to ensure that they receive training in
appropriate and effective protection practices.
(d) Ensure that the required surveys are performed
and documented in accordance with applicable regulations and that corrective
measures are taken if the levels of radiation exceed the levels established in
this chapter.
(e) Ensure that monitoring devices are calibrated
and used properly by personnel who are performing X-ray industrial radiography
and the results of exposures to radiation are properly recorded and notices of
those exposures are submitted on a timely basis.
(f) Ensure that the radiographic operations are
conducted safely and institute corrective actions if necessary, including
terminating the operations in an emergency or if unsafe conditions exist.
(Added to NAC by Bd. of Health, eff. 1-21-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.724 Safety requirements for operators of X-ray systems. (NRS 459.030, 459.201)
1. Except as otherwise provided in subsection
7, a registrant shall not permit any person to operate an X-ray system to
conduct X-ray industrial radiography unless, at all times during radiographic
operations, the person wears a film badge or a thermoluminescence dosimeter
and, if the X-ray industrial radiography takes place at a temporary job site or
in a room or building that does not meet the requirements of NAC 459.335, a direct reading pocket
dosimeter.
2. Direct reading pocket dosimeters must
have a range from zero to 200 millirems (2 millisieverts) and be recharged at
the start of each shift. Each film badge or thermoluminescence dosimeter must
be assigned to and worn by only one person. A film badge must not be replaced
less often than once a month. A thermoluminescence dosimeter must not be
replaced less often than once every 3 months.
3. Direct reading pocket dosimeters must be
read and exposures recorded daily. A person’s film badge or thermoluminescence
dosimeter must be immediately processed if his or her pocket dosimeter is
discharged beyond its range. Reports received from the film badge or
thermoluminescence dosimeter processor and records of the pocket dosimeter
readings must be maintained for inspection by the Division for not less than 3
years after the records are made.
4. Each direct reading pocket dosimeter must
be checked at periods not to exceed 1 year for response to radiation. To be
acceptable, a dosimeter must read within plus or minus 20 percent of the true
radiation exposure.
5. If the ion-chamber pocket dosimeter of a
person is found to be off scale, or if the electronic personal dosimeter of a
person reads greater than 200 millirems (2 millisieverts), and the possibility
of radiation exposure cannot be ruled out as the cause:
(a) The film badge or thermoluminescence dosimeter
of that person must be sent for processing within 24 hours; and
(b) The person shall not resume work with sources
of radiation until a determination of his or her radiation exposure has been
made.
6. For the purposes of this section, a person
performing maintenance on an X-ray system shall be deemed to be operating the
system if the X-ray beam is on at any time during the performance of the
maintenance.
7. The provisions of subsection 1 do not
apply to an X-ray system designed for the inspection of carry-on baggage and an
X-ray system designed as a screening system for the security of personnel. A
registrant shall ensure that the operation of such an X-ray system complies
with NAC 459.337.
[Bd. of Health, Radiation Control Reg. §§ 5.5-5.5.3.2,
eff. 2-28-80]—(NAC A 4-27-84; 1-18-94; 1-21-94, eff. 4-22-94; 1-21-94, eff. 5-22-94;
R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd.
of Health by R144-13, 10-13-2016)
NAC 459.733 Safety requirements at temporary job sites, rooms or buildings. (NRS 459.030, 459.201) A
licensee or registrant who is responsible for providing X-ray industrial
radiography at a temporary job site or in a room or building that does not meet
the requirements of NAC 459.335 shall ensure
that the temporary job site, room or building is under constant surveillance
and immediate action is taken by the person conducting the surveillance to
prevent unauthorized entry into an area with high radiation.
(Added to NAC by Bd. of Health, eff. 1-21-94; A by
Dep’t of Human Resources by R137-01, 5-30-2003)
Radiation Safety Requirements for Use of Sealed Source for
Industrial Radiography
NAC 459.737 Adoption by reference of certain provisions of Code of Federal
Regulations; revision of certain terms. (NRS
459.030, 459.201)
1. In addition to any applicable requirement
of NAC 459.010 to 459.794, inclusive, a person licensed by
the Division to use a sealed source to engage in industrial radiography shall
comply with all applicable requirements of, and may rely on all applicable
exclusions or exemptions included in, the provisions of Part 34 of Title 10 of
the Code of Federal Regulations, as adopted by reference in this section. The
provisions of this subsection do not apply to a person using an electronic
source of radiation to conduct industrial radiography.
2. Part 34 of Title 10 of the Code of
Federal Regulations is hereby adopted by reference, subject to the following:
(a) The exclusion of references within 10 C.F.R.
Part 34 to Part “21” and to 10 C.F.R. §§ “21.21,” “30.7,” “30.9” and “30.10”;
(b) The exclusion of “offshore” specified in the
definition of “offshore platform radiography” set forth in 10 C.F.R. § 34.3;
(c) The substitution of the following wording:
(1) “Chapter 459
of the Nevada Administrative Code” for a reference to:
(I) “Commission’s regulations,” except as
stated in subparagraph 6;
(II) “Federal regulations”;
(III) “NRC regulations”; and
(IV) “This chapter” as stated in 10
C.F.R. § 34.101(a);
(2) “Division” for the reference to
“Commission,” except as stated in 10 C.F.R. § 34.20 and sub-subparagraph (IV)
of subparagraph 3;
(3) “Division, Nuclear Regulatory Commission
or an agreement state” for references to:
(I) “NRC or an Agreement State”;
(II) “Commission or by an Agreement
State”;
(III) “Commission or an Agreement State”;
and
(IV) “Commission” in 10 C.F.R. §
34.43(a)(2);
(4) “License” for reference to “NRC
license(s)”;
(5) In 10 C.F.R. § 34.27(d), “reports of test
results for leaking or contaminated sealed sources shall be made pursuant to NAC 459.307” for a reference to the
following statement, “A report must be filed with the Director, Office of
Federal and State Materials and Environmental Management Programs, by an
appropriate method listed in § 30.6(a) of this chapter, the report to be filed
within 5 days after any test with results that exceed the threshold in this
paragraph (d), and to describe the equipment involved, the test results, and
the corrective action taken. A copy of the report must be sent to the
Administrator of the appropriate Nuclear Regulatory Commission’s Regional
Office listed in appendix D of 10 C.F.R. part 20 of this chapter ‘Standards for
Protection Against Radiation.’ ”;
(6) In 10 C.F.R. § 34.27(d), “subsection 3 of NAC 459.307” for the reference to
“Commission regulations”;
(7) In 10 C.F.R. § 34.43(a)(1), “10 C.F.R. §
30.6” for the reference to “§ 30.6(a) of this chapter”;
(8) In 10 C.F.R. § 34.89, “a Nuclear
Regulatory Commission or an agreement state” for the reference to “the
Agreement State”;
(9) In 10 C.F.R. § 34.101(a), “Division” for
the reference to “NRC’s Office of Federal and State Materials and Environmental
Management Programs, by an appropriate method listed in § 30.6(a) of this
chapter”;
(10) In 10 C.F.R. § 34.101(c), “Division” for
the reference to “appropriate NRC regional office listed in § 30.6(a)(2) of
this chapter”;
(11) In Item 12, Section I of Appendix A to 10
C.F.R. Part 34, “Division, the United States Nuclear Regulatory Commission and
other independent certifying organizations or agreement states” for the
reference to “Commission and other independent certifying organizations and/or
Agreement States”;
(12) In Item 1, Section II of Appendix A to 10
C.F.R. Part 34, “equivalent Nuclear Regulatory Commission or agreement state
regulations” for the reference to “equivalent Agreement State regulations”; and
(13) In Item 2(c), Section II of Appendix A to
10 C.F.R. Part 34, “a Nevada, Nuclear Regulatory Commission or an agreement
state licensee” for the reference to “an Agreement State or a NRC licensee”;
and
(d) The substitution of the following:
(1) “Subsection 1 of NAC 459.120” for the reference to “10 CFR
34.111”;
(2) “NAC
459.320 to 459.374, inclusive,” for
the reference to “10 CFR 20”;
(3) “Paragraph (a) of subsection 1 of NAC 459.341” for the reference to “10 CFR 20.1601(a)(1)”;
(4) “Subsections 1 and 2 of NAC 459.3555” for the reference to “10 CFR
20.1902(a) and (b)”;
(5) “NAC
459.3565” for the reference to “10 CFR 20.1903”;
(6) “NAC
459.371” for the reference to “10 CFR 20.2203”;
(7) “NAC
459.780 to 459.794, inclusive,” for
the reference to “10 CFR 19”;
(8) “NAC
459.210” for the reference to “10 CFR 150.20”;
(9) “NAC
459.373” for the reference to “§ 30.50”;
(10) “NAC
459.238” for the reference to “10 CFR 30.33”; and
(11) “NAC
459.737” for the reference to “10 CFR 34.”
3. The following sections of Part 34 of
Title 10 of the Code of Federal Regulations are not adopted by reference:
(a) Section 34.1;
(b) Section 34.5;
(c) Section 34.8;
(d) Section 34.11;
(e) Section 34.45(a)(9);
(f) Section 34.121; and
(g) Section 34.123.
4. A copy of a publication that contains
Part 34 of Title 10 of the Code of Federal Regulations may be obtained by mail
from the Superintendent of Documents, United States Government Printing Office,
P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at
(866) 512-1800, at the price of $67, or free of charge at the Internet address http://www.gpoaccess.gov/cfr/index.html.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008; R185-08, 5-7-2010;
R144-13, 10-13-2016)
NAC 459.738 Compliance with certain provisions of Code of Federal Regulations
regarding program for inspecting and maintaining transport containers. (NRS 459.030) A program for inspecting and
maintaining transport containers that complies with the provisions of 10 CFR §
34.31(b), as those provisions existed on January 1, 2001, shall be deemed to
comply with the applicable provisions of Part 71 of Title 10 of the Code of
Federal Regulations, as those provisions existed on January 1, 2001.
(Added to NAC by Dep’t of Human Resources by R137-01,
eff. 5-30-2003)
Radiation Safety Requirements for Particle Accelerators
NAC 459.740 Purpose; additional requirements. (NRS 459.030, 459.201)
1. The provisions of NAC 459.740 to 459.752, inclusive, establish procedures
for the registration and the use of particle accelerators.
2. In addition to the requirements of NAC 459.740 to 459.752, inclusive, all registrants are
subject to the requirements of NAC 459.010
to 459.166, inclusive, 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive. Registrants engaged in
X-ray industrial radiographic operations are subject to the requirements of NAC 459.680 to 459.733, inclusive, and registrants engaged
in the healing arts are subject to the requirements of NAC 459.400 to 459.624, inclusive. Registrants engaged in
the production of radioactive material are subject to the requirements of NAC 459.180 to 459.313, inclusive.
[Bd. of Health, Radiation Control Reg. §§ 9.1-9.1.2,
eff. 2-28-80]—(NAC A 1-18-94; R084-98, 1-26-99; A by Dep’t of Human Resources
by R137-01, 5-30-2003; A by Bd. of Health by R149-07, 1-30-2008)
NAC 459.742 Requirements for registration; license required under certain
circumstances. (NRS
459.201)
1. No person may receive, possess, use,
transfer, own or acquire a particle accelerator except as authorized in a
registration issued pursuant to NAC 459.010
to 459.950, inclusive, or as otherwise
provided for in those sections. The general procedures for registration of
particle accelerator facilities are included in NAC 459.150 to 459.166, inclusive. Notwithstanding the
provisions of this subsection, a person must apply for a license to possess
radioactive materials before receiving, possessing, using, transferring, owning
or acquiring a particle accelerator whose particle beam energies have the
potential for exceeding 9 MeV.
2. In addition to the requirements of NAC 459.150 to 459.166, inclusive, a registration
application for use of a particle accelerator may be approved only if the
Division determines that:
(a) The applicant is qualified by reason of
training and experience to use the accelerator in question for the purpose
requested in accordance with NAC 459.320
to 459.374, inclusive, 459.740 to 459.752, inclusive, and 459.780 to 459.794, inclusive, in such a manner as to
minimize danger to public health and safety or property;
(b) The applicant’s proposed or existing equipment,
facilities, operating and emergency procedures are adequate to protect health
and minimize danger to public health and safety or property;
(c) The issuance of the registration will not be
inimical to the health and safety of the public and the applicant satisfies any
applicable special requirement in subsection 3;
(d) The applicant or the applicant’s staff has
substantial experience in the use of particle accelerators and training
sufficient for application to its intended uses;
(e) The applicant has established a radiation
safety committee to approve, in advance, proposals for uses of the particle
accelerator, whenever deemed necessary by the Division; and
(f) The applicant has an adequate training program
for operators of the particle accelerator.
3. In addition to the requirements in NAC 459.150 to 459.166, inclusive, a registration for use
of a particle accelerator in the healing arts will be issued only if the
following requirements are met:
(a) The applicant has appointed a medical committee
of at least three members to evaluate all proposals for research, diagnostic and
therapeutic use of the particle accelerator whenever deemed necessary by the
Division. Membership of the committee should include physicians expert in
internal medicine, hematology, therapeutic radiology and a person experienced
in depth dose calculations and protection against radiation.
(b) The persons designated on the application as
the users have substantial training and experience in deep therapy techniques
or in the use of particle accelerators to treat humans.
(c) Any person designated on the application as the
user is a physician.
4. In addition to the requirements set forth
in this section, if, as required pursuant to subsection 1, the application is
for a license for the use of a particle accelerator whose particle beam
energies have the potential for exceeding 9 MeV, the applicant must appoint a
radiation safety officer who satisfies the training and experience requirements
set forth in NAC 459.3154 to implement
and oversee a radiation safety program for the use of the particle accelerator.
[Bd. of Health, Radiation Control Reg. §§ 9.2-9.2.3.3,
eff. 2-28-80]—(NAC A 1-18-94; R084-98, 1-26-99; R149-07, 1-30-2008; R144-13, 10-13-2016)
NAC 459.744 Safety requirements: Generally; operation. (NRS 459.201)
1. NAC
459.740 to 459.752, inclusive,
establish radiation safety requirements for the use of particle accelerators.
These provisions are in addition to, and not in substitution for, other
applicable provisions of NAC 459.010 to 459.794, inclusive.
2. The registrant is responsible for
ensuring that all requirements of NAC
459.740 to 459.752, inclusive, are
met.
3. No registrant may permit any person to
act as an operator of a particle accelerator until the person:
(a) Has been instructed in radiation safety and has
demonstrated an understanding of it;
(b) Has received a copy of, and instruction in the
requirements of, NAC 459.740 to 459.752, inclusive, and the applicable
provisions of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive, pertinent registration
conditions and the registrant’s operating and emergency procedures and has
demonstrated an understanding of that material; and
(c) Has demonstrated competence to use the particle
accelerator, related equipment and survey instruments which will be employed in
his or her assignment.
4. Members of the radiation safety committee
or the radiation safety officer must have the authority to terminate the
operations at a particle accelerator facility if such action is deemed
necessary to protect health and minimize danger to public health and safety or
property.
[Bd. of Health, Radiation Control Reg. §§ 9.3-9.3.2.2,
eff. 2-28-80]—(NAC A 1-18-94; R144-13, 10-13-2016)
NAC 459.746 Safety requirements: Expert assistance; shielding; controls;
interlock systems; cutoff switch. (NRS
459.201)
1. A qualified expert, specifically accepted
by the Division, must be consulted in the design of a particle accelerator
installation and called upon to perform a radiation survey when the accelerator
is first capable of producing radiation.
2. Each installation of a particle
accelerator must be provided with such primary and secondary barriers as are
necessary for compliance with NAC 459.325
and 459.335.
3. Instrumentation, readouts and controls on
the particle accelerator control console or any other assembly approved by the
Division must be clearly identified and easily discernible.
4. All entrances into a target room or other
area of high radiation must be provided with interlocks that shut down the
machine when any entrance is penetrated.
5. After an interlock system has been
tripped, it must be possible to resume operation of the accelerator only by
manually resetting controls first at the position where the interlock has been
tripped and last at the main control console or any other assembly approved by
the Division.
6. Each safety interlock must be on a
circuit which allows its operation independently of all other safety
interlocks.
7. All safety interlocks must be fail safe,
that is, designed so that any defect or component failure in the interlock
system prevents operation of the accelerator.
8. A scram button or other emergency power
cutoff switch must be located and easily identifiable in all designated areas
of high radiation. Such a cutoff switch must include a manual reset so that the
accelerator cannot be restarted from the accelerator control console or any
other assembly approved by the Division without resetting the cutoff switch.
[Bd. of Health, Radiation Control Reg. §§ 9.3.3-9.3.4.6,
eff. 2-28-80]—(NAC A 1-18-94; R021-18, 12-30-2019)
NAC 459.748 Safety requirements: Warning devices; operating procedures. (NRS 459.201)
1. All locations designated as areas of high
radiation and all entrances to those locations must be equipped with easily
observable flashing or rotating warning lights that operate when, but only
when, radiation is being produced.
2. Except in facilities designed for human
exposure, each area of high radiation must have an audible warning device which
is activated for 15 seconds before the creation of high radiation within the
area. The warning devices must be clearly audible in all high radiation areas
and all radiation areas.
3. Entrances and pathways leading to high
radiation areas must be identified in accordance with NAC 459.355.
4. Particle accelerators, when not in
operation, must be secured to prevent unauthorized use.
5. The safety interlock system must not be
used to turn off the accelerator beam except in an emergency.
6. All safety and warning devices, including
interlocks, must be checked for proper operability at intervals of not more
than 3 months. Results of the checks must be maintained at the accelerator
facility for inspection by the Division.
7. Diagrams of the electrical circuit of the
accelerator and associated interlock systems must be kept current and
maintained for inspection by the Division and must be available to the operator
at each accelerator facility.
8. If it is necessary to bypass a safety
interlock or interlocks intentionally, the bypass must be:
(a) Authorized by the radiation safety committee or
radiation safety officer;
(b) Recorded in a permanent log and a notice posted
at the accelerator control console or any other assembly approved by the
Division; and
(c) Terminated as soon as possible.
9. A copy of the current operating and the
emergency procedures must be maintained at the accelerator control panel.
[Bd. of Health, Radiation Control Reg. §§ 9.3.5-9.3.6.6,
eff. 2-28-80]—(NAC A 1-18-94; R021-18, 12-30-2019)
NAC 459.750 Safety requirements: Monitoring. (NRS
459.201)
1. There must be available at each particle
accelerator facility appropriate portable monitoring equipment which is
operable and calibrated for the appropriate radiations being produced at the
facility. This equipment must be tested for proper operation daily and
calibrated at intervals of not more than 1 year and after each servicing and
repair.
2. A radiation protection survey must be
performed and documented by a qualified expert specifically approved by the
Division when changes have been made in shielding, operation, equipment or
occupancy of adjacent areas.
3. Radiation levels in all high radiation
areas must be continuously monitored. The monitoring devices must be
electrically independent of the accelerator control and interlock systems and
capable of providing a remote and local readout with visual or audible alarms,
or both, at the control panel, at the entrance to high radiation areas and at
other appropriate locations so that persons entering or present become aware of
the existence of the hazard.
4. All area monitors must be calibrated at
intervals of not more than 1 year and after each servicing and repair.
5. Whenever applicable, periodic surveys
must be made to determine the amount of airborne particulate radioactivity
present in areas of airborne hazards.
6. Whenever applicable, periodic smear
surveys must be made to determine the degree of contamination in target and
other pertinent areas.
7. All area surveys must be made in
accordance with the written procedures established by a qualified expert or the
radiation safety officer of the particle accelerator facility.
8. Records of all radiation protection
surveys, calibration results, instrumentation tests and smear results must be
kept current and on file at each accelerator facility.
[Bd. of Health, Radiation Control Reg. §§ 9.3.7-9.3.7.8,
eff. 2-28-80]
NAC 459.752 Safety requirements: Ventilation systems. (NRS 459.201)
1. A means must be provided to ensure that
personnel entering any area where airborne radioactivity may be produced will
not be exposed to airborne radioactive material in excess of the limits
specified in Table I of Appendix B.
2. A registrant, as required by NAC 459.3355, shall not vent, release or
otherwise discharge airborne radioactive material to an unrestricted area in
excess of the limits specified in Table II of appendix B, except as authorized
pursuant to NAC 459.3355. For the
purposes of NAC 459.740 to 459.752, inclusive, concentrations may be
averaged over a period not greater than 1 year. Every reasonable effort must be
made to maintain releases of radioactive material to uncontrolled areas as far
below these limits as is reasonably achievable.
[Bd. of Health, Radiation Control Reg. §§ 9.3.8-9.3.8.2,
eff. 2-28-80]—(NAC A 1-18-94)
Radiation Safety Requirements for Well Logging
NAC 459.756 Definitions. (NRS
459.201) As
used in NAC 459.756 to 459.7745, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.757 to 459.763, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.757 “Field station” defined. (NRS
459.201) “Field
station” means a facility where radioactive material may be stored or used and
from which equipment is dispatched to temporary jobsites.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7575 “Fresh water aquifer” defined. (NRS
459.201) “Fresh
water aquifer” means a geologic formation that is capable of yielding fresh
water to a well or spring.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.758 “Injection tool” defined. (NRS
459.201) “Injection
tool” means a device used for controlled subsurface injection of radioactive
tracer material.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7585 “Irretrievable well logging source” defined. (NRS 459.201) “Irretrievable well logging
source” means any sealed source containing radioactive material that is pulled
off or not connected to the wireline that suspends the source in the well and
for which all reasonable effort at recovery has been expended.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.759 “Logging assistant” defined. (NRS
459.201) “Logging
assistant” means any person who, under the personal supervision of a logging
supervisor, handles sealed sources or tracers that are not in logging tools or
shipping containers or who performs surveys required by NAC 459.7725.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7595 “Logging supervisor” defined. (NRS
459.201) “Logging
supervisor” means any person who uses radioactive material or provides personal
supervision in the use of radioactive material at a temporary job site and who
is responsible to the licensee for assuring compliance with the requirements of
the Division’s regulations and the conditions of the license.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7598 “Logging tool” defined. (NRS
459.201) “Logging
tool” means a device used below the surface to perform well logging.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7605 “Personal supervision” defined. (NRS
459.201) “Personal
supervision” means guidance and instruction by a logging supervisor who:
1. Is physically present at a temporary job
site;
2. Is in personal contact with logging
assistants; and
3. Can give immediate assistance.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.761 “Radioactive marker” defined. (NRS
459.201) “Radioactive
marker” means material used for depth determination or direction orientation.
The term includes radioactive collar markers and radioactive iron nails.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7615 “Safety review” defined. (NRS
459.201) “Safety
review” means a periodic review provided by the licensee for its employees on
radiation safety as it relates to well logging. The review may include, as
appropriate:
1. The results of internal inspections;
2. New procedures or equipment;
3. Accidents or errors that have been
observed; and
4. Safety questions of employees.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7621 “Source holder” defined. (NRS
459.201) “Source
holder” means a housing or assembly into which a sealed source is placed to
facilitate the handling and use of the source in well logging.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7625 “Subsurface tracer study” defined. (NRS 459.201) “Subsurface tracer study”
means the release of unsealed radioactive material or a substance labeled with
radioactive material in a single well for the purpose of tracing the movement
or position of the material or substance in the well or adjacent formation.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.763 “Surface casing” defined. (NRS
459.201) “Surface
casing” means a pipe or tube used as a lining in a well to isolate fresh water
aquifers from the well.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7635 Purpose and applicability. (NRS
459.201) The
provisions of NAC 459.756 to 459.7745, inclusive:
1. Establish radiation safety requirements
for persons using sources of radiation for well logging which are in addition
to and not in substitution for other applicable requirements of NAC 459.010 to 459.950, inclusive;
2. Apply to all licensees or registrants who
use sources of radiation for well logging; and
3. Apply to both radiation machines and
radioactive materials unless the context otherwise requires.
(Added to NAC by Bd. of Health, eff. 9-6-88; A by R084-98,
1-26-99; R149-07, 1-30-2008)
NAC 459.7641 Approval of operation required; submission of information to
Division; maintenance and retention of record. (NRS
459.201)
1. A person shall not perform a well logging
operation without:
(a) A general license granted pursuant to NAC 459.210 and prior approval of the
Division; or
(b) A specific license issued by the Division which
authorizes the well logging operation.
2. A person who wishes to perform a well
logging operation shall submit to the Division a description of the operation
which contains:
(a) A designation of the township, range and
section in which the well is located;
(b) The distance in feet from the well to two
different section lines;
(c) The name or number assigned to the well;
(d) The depth of the well and the surface casing in
feet;
(e) The location and distance of any freshwater
aquifers within 3 miles of the well which is to be logged and a determination
of whether the well penetrates an aquifer; and
(f) The location and identification of any wells
within 3 miles of the well which is to be logged that are producing water for
human or animal consumption or irrigation and the depths of those wells and the
depths of their surface casings.
3. A person who is licensed by the Division
to perform a well logging operation shall maintain a record of the information
included in the description of the operation pursuant to subsection 2 for at
least 3 years for inspection by the Division.
(Added to NAC by Bd. of Health, eff. 9-6-88; A by R144-13,
10-13-2016)
NAC 459.7645 Agreement with owner or operator of well. (NRS 459.201)
1. A licensee shall not perform well logging
with a sealed source before entering into a written agreement with the owner or
operator of the well who is employing the licensee.
2. The written agreement required by
subsection 1 must identify the person who will assure that:
(a) If a sealed source becomes lodged in the well,
a reasonable effort will be made to recover it;
(b) A person will not attempt to recover a sealed
source in a manner which, in the licensee’s opinion, could result in its
rupture;
(c) The radiation monitoring required in NAC 459.773 will be performed;
(d) If the environment or any personnel are
contaminated with radioactive material, they will be decontaminated;
(e) If any equipment is contaminated with
radioactive material it will be decontaminated before it is released from the
job site or released for unrestricted use at the job site; and
(f) If a sealed source is classified as irretrievable
after reasonable efforts at recovery have been expended, the following
requirements will be carried out within 30 days:
(1) Each irretrievable well logging source
must be immobilized and sealed in place with a cement plug;
(2) A mechanical device to prevent inadvertent
intrusion on the irretrievable well logging source must be set at some point in
the well above the cement plug, unless the cement plug and source are not
accessible to any subsequent drilling operations; and
(3) A permanent identification plaque,
constructed of long lasting material such as stainless steel, brass, bronze or
monel, must be mounted at the surface of the well. The size of the plaque must
be at least 7 inches square and 1/8-inch thick and contain:
(I) The word “CAUTION”;
(II) The radiation caution symbol, but
the color requirement in NAC 459.355
need not be met;
(III) The date on which the irretrievable
source was abandoned;
(IV) The name of the well owner or well
operator, as appropriate;
(V) The name of the well and the well
identification number or other designation;
(VI) An identification of the sealed
source by radionuclide and quantity;
(VII) The depth of the sealed source and
depth to the top of the plug; and
(VIII) An appropriate warning such as “DO
NOT RE-ENTER THIS WELL.”
3. A licensee shall retain a copy of the
written agreement required by subsection 1 for 3 years after the completion of
the well logging operation.
(Added to NAC by Bd. of Health, eff. 9-6-88; A 1-18-94)
NAC 459.765 Labeling of components and containers; transportation of
radioactive material. (NRS
459.201)
1. A licensee may not use a source, a source
holder or a logging tool that contains radioactive material unless the smallest
component that is transported as a separate piece of equipment with radioactive
material inside bears a durable, legible and clearly visible marking or label.
The marking or label must contain the radiation caution symbol specified in NAC 459.355 without the conventional color
requirements, and the wording “CAUTION (or DANGER) RADIOACTIVE MATERIAL.”
2. A licensee may not use a container to
store radioactive material unless the container has securely attached to it a
durable, legible and clearly visible label. The label must contain the
radiation caution symbol specified in NAC
459.355 and the wording “CAUTION. (or DANGER.) RADIOACTIVE MATERIAL. NOTIFY
CIVIL AUTHORITIES (or NAME OF COMPANY) IF FOUND.”
3. A licensee may not transport radioactive
material unless the material is packaged, labeled, marked and accompanied with
appropriate shipping papers in accordance with regulations of the United States
Department of Transportation.
(Added to NAC by Bd. of Health, eff. 9-6-88; A 1-18-94)
NAC 459.7655 Storage of radioactive material; securing packages for
transportation. (NRS
459.201) A
licensee shall:
1. Store each source containing radioactive
material in a storage container or transportation package. The container or
package must be locked and physically secured to prevent tampering or removal
of radioactive material from storage by unauthorized persons.
2. Store radioactive material in a manner
which will minimize danger from explosion or fire.
3. Lock and physically secure a transport
package containing radioactive material in the transporting vehicle to prevent
accidental loss, tampering or unauthorized removal of the radioactive material
from the vehicle.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7661 Availability and calibration of instruments to survey and detect
radiation. (NRS
459.201) A
licensee shall:
1. Keep a calibrated and operable radiation
survey instrument capable of detecting beta and gamma radiation at each field
station and temporary job site to make the radiation surveys required by NAC 459.337 and 459.7725. The radiation survey instrument
must be capable of measuring as little as 0.1 milliroentgen per hour and as
much as 50 milliroentgens per hour.
2. Have available additional calibrated and
operable radiation detection instruments sensitive enough to detect the low
radiation and contamination levels that could be encountered if a sealed source
ruptured.
3. Have each radiation survey instrument
required under subsection 1 calibrated:
(a) At intervals not to exceed 6 months; and
(b) In accordance with subsection 2 of NAC 459.712.
(Added to NAC by Bd. of Health, eff. 9-6-88; A 1-18-94)
NAC 459.7665 Inspection and maintenance of equipment; restrictions on handling
sealed sources. (NRS
459.201)
1. Each licensee shall visually inspect
source holders, logging tools and source handling tools for defects before each
use to ensure that the equipment is in good working condition and that the
required labeling is present.
2. If defects in equipment are found during
the inspection required by subsection 1, the equipment must be removed from
service until repaired and a record must be made listing:
(a) The date of inspection;
(b) The name of the licensee who performed the
inspection;
(c) The equipment involved;
(d) The defects found; and
(e) The repairs made.
3. The records required by subsection 2 must
be retained by the licensee for 3 years after the defect is found.
4. Each licensee must have a program for
semiannual visual inspection and routine maintenance of source holders, logging
tools, injection tools, source handling tools, storage containers, transport
containers and uranium sinker bars to ensure that the required labeling is
legible and that no physical damage is visible.
5. If defects are found during the
inspection required by subsection 4, the defective equipment must be removed
from service until repaired and a record must be made listing:
(a) The date of inspection;
(b) The equipment involved;
(c) The inspection and maintenance operations
performed;
(d) The defects found; and
(e) The repairs made.
6. The records required by subsection 5 must
be retained by the licensee for 3 years after the defect is found.
7. A licensee shall not remove a sealed
source from a source holder or logging tool or perform maintenance on a sealed
source or source holder unless a written procedure developed for that purpose
has been approved by the Division.
8. If a sealed source is stuck in a source
holder a licensee shall not perform any operation to remedy the situation, such
as drilling, cutting or chiseling on the source holder, unless the licensee is
specifically approved by the Division to perform such an operation.
9. No person shall open, repair or modify
any sealed source unless specifically approved by the Division to perform such
an operation.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.767 Testing sealed sources for leakage. (NRS 459.201) A licensee shall test, as
provided in NAC 459.307, each sealed
source for leakage of radioactive material, at intervals not to exceed 6
months.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7675 Semiannual inventories of radioactive material. (NRS 459.201)
1. Each licensee shall conduct a semiannual
physical inventory to account for all radioactive material received and
possessed under his or her license. The licensee must retain records of the
physical inventory for 3 years after the date of the inventory for inspection
by the Division.
2. The physical inventory required by
subsection 1 must indicate:
(a) The quantity and kind of radioactive material;
(b) The location of the radioactive material;
(c) The date of the inventory; and
(d) The name of the person conducting the
inventory.
3. Physical inventory records may be
combined with the records of leak tests required by NAC 459.767.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7681 Records of sources of radiation used. (NRS 459.201)
1. Each licensee or registrant shall
maintain records of each use of a source of radiation in well logging, which
must include:
(a) The make, model and number of sources of
radiation used and a serial number or a description of each source of
radiation;
(b) The name of the logging supervisor who is
responsible for the safe use of sources of radiation;
(c) The names of logging assistants present; and
(d) The location and date of use of the sources of
radiation.
2. A licensee or registrant shall make
available for inspection by the Division the records required by subsection 1
and must retain the records for 3 years after the date of the recorded use of a
source of radiation in a well logging operation.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7685 Criteria for design and performance of sealed sources. (NRS 459.201)
1. Except as otherwise provided in
subsection 2, a licensee shall not use a sealed source in well logging unless
the sealed source:
(a) Is doubly encapsulated;
(b) Contains radioactive material whose chemical
and physical forms are as insoluble and nondispersible as practical; and
(c) Has been tested as a prototype and found to
maintain its integrity after:
(1) A temperature test in which the prototype
is subjected to -40 degrees C for 20 minutes and is subjected to 600 degrees C
for 1 hour and then is subjected to a thermal shock test in which the prototype
is subjected to a temperature drop from 600 degrees C to 20 degrees C within 15
seconds;
(2) An impact test in which a 5 kg steel
hammer measuring 2.5 cm in diameter is dropped from a height of 1 m onto the
prototype;
(3) A vibration test in which the prototype is
subjected to a vibration ranging from 25 Hz to 500 Hz at 5 g amplitude for 30
minutes;
(4) A puncture test in which a 1 gram hammer
attached to pin measuring 0.3 cm in diameter is dropped from a height of 1 m
onto the prototype; and
(5) A pressure test in which the prototype is
subjected to an external pressure of 24,600 pounds per square inch absolute.
2. The requirements of subsection 1 do not
apply to sealed sources that contain radioactive material in gaseous form.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.769 Use of sealed source in well without surface casing. (NRS 459.201) A licensee may use a
sealed source to log a well that does not have a surface casing if:
1. The well does not penetrate a fresh water
aquifer; or
2. The licensee follows a procedure which
has been approved by the Division for reducing the probability of the source
becoming lodged in the well.
(Added to NAC by Bd. of Health, eff. 9-6-88; A by R144-13,
10-13-2016)
NAC 459.7695 Use of radioactive markers and uranium sinker bars. (NRS 459.201)
1. A licensee shall not use radioactive
markers in wells if the individual markers contain quantities of radioactive
material which exceed the quantities specified in NAC 459.188.
2. The use of radioactive markers is subject
to the requirements of NAC 459.7675.
3. A licensee shall not use a uranium sinker
bar in well logging if the bar is not legibly impressed with the words “CAUTION
- RADIOACTIVE-DEPLETED URANIUM” and “NOTIFY CIVIL AUTHORITIES (or COMPANY NAME)
IF FOUND.”
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7701 Logging supervisors and assistants: Qualifications; safety
reviews; records. (NRS
459.201)
1. A licensee shall not permit a person to
act as a logging supervisor until that person:
(a) Has completed training in the subjects set
forth in NAC 459.7705.
(b) Has received copies of, and instruction in:
(1) The regulations contained in NAC 459.010 to 459.950, inclusive;
(2) The division license under which the
logging supervisor will perform well logging; and
(3) The licensee’s operating and emergency
procedures required by NAC 459.7715.
(c) Has completed on-the-job training and
demonstrated his or her competence, in a field evaluation, in the use of:
(1) Radioactive materials;
(2) Remote handling tools; and
(3) Radiation survey instruments.
(d) Has demonstrated the person’s understanding of
the requirements of paragraphs (a) and (b) of subsection 1 by successfully
completing a written test.
2. A licensee shall not permit a person to
act as a logging assistant until that person:
(a) Has received instruction in the regulations
contained in NAC 459.010 to 459.950, inclusive;
(b) Has received copies of, and instruction in the
licensee’s operating and emergency procedures required by NAC 459.7715;
(c) Has demonstrated his or her understanding of
the materials listed in paragraphs (a) and (b) by successfully completing a
written or oral test; and
(d) Has received instruction appropriate for the
person’s job responsibilities in the use of:
(1) Radioactive materials;
(2) Remote handling tools; and
(3) Radiation survey instruments.
3. A licensee shall provide a safety review
for logging supervisors and logging assistants at least once during each
calendar year.
4. A licensee shall maintain a record of the
training and safety review provided each logging supervisor and logging
assistant. The records of training must include copies of written tests and
dates of oral tests. The records of training must be retained for 3 years after
the termination of employment of the supervisor or assistant. Records of the annual
safety reviews must list the topics discussed and be retained for 3 years.
(Added to NAC by Bd. of Health, eff. 9-6-88; A by R084-98,
1-26-99; R149-07, 1-30-2008)
NAC 459.7705 Logging supervisors: Training. (NRS
459.201) A
licensee shall include the following subjects in the training required by NAC 459.7701:
1. Fundamentals of radiation safety,
including:
(a) Characteristics of radiation;
(b) Units of radiation dosage and quantity of
radioactivity;
(c) Hazards of exposure to radiation;
(d) Levels of radiation from radioactive material;
(e) Methods of controlling radiation dosage (time,
distance and shielding); and
(f) Radiation safety practices, including
prevention of contamination and methods of decontamination.
2. Radiation detection instruments,
including:
(a) Use, operation, calibration and limitations of
radiation survey instruments;
(b) Survey techniques; and
(c) Use of personnel monitoring equipment.
3. Equipment, including:
(a) Operation of equipment, including source
handling equipment and remote handling tools;
(b) Storage, control and disposal of licensed
material; and
(c) Maintenance of equipment.
4. The requirements of pertinent division
regulations.
5. Case histories of accidents in well
logging.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.771 Logging supervisors: Presence at temporary job sites;
surveillance of operations. (NRS
459.201)
1. A logging supervisor shall be physically
present at a temporary job site when radioactive materials are being handled or
are not stored and locked in a vehicle or storage place. The logging supervisor
may leave the temporary job site in order to obtain assistance if a source
becomes lodged in a well.
2. Except when radiation sources are below
ground or in shipping or storage containers, a logging supervisor or other
person designated by the logging supervisor shall, during well logging,
maintain direct surveillance of the operation to prevent unauthorized entry
into a restricted area, as defined in NAC
459.090.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7715 Operating and emergency procedures. (NRS 459.201) Each licensee shall
develop and follow written operating and emergency procedures that cover:
1. The handling and use of radioactive
materials including, if appropriate, the use of sealed sources in wells without
surface casing;
2. The use of remote handling tools for
handling sealed sources and radioactive tracer material, except low activity
calibration sources;
3. Methods and occasions for conducting
radiation surveys, including surveys for detecting contamination, as required
by NAC 459.7725;
4. Minimizing exposure of personnel to
radiation including exposure from inhalation and ingestion of tracer
radioactive materials;
5. Methods and occasions for locking and
securing stored radioactive materials;
6. Equipment and procedures for monitoring
personnel;
7. The transportation of radioactive
materials to field stations or temporary jobsites, including:
(a) The packaging of radioactive materials for
transport in vehicles;
(b) Placing placards on vehicles when needed; and
(c) Physically securing radioactive materials in
transport vehicles during transportation to prevent accidental loss, tampering
or unauthorized removal;
8. Picking up, receiving and opening
packages containing radioactive materials, in accordance with NAC 459.3585;
9. The use of tracers;
10. Decontamination of the environment,
equipment and personnel;
11. Maintenance of records generated by
logging personnel at temporary jobsites;
12. The inspection and maintenance of:
(a) Sealed sources;
(b) Source holders;
(c) Logging tools;
(d) Injection tools;
(e) Source handling tools;
(f) Storage containers;
(g) Transport containers; and
(h) Uranium sinker bars,
Ê as required
by NAC 459.7665;
13. Actions to be taken if a sealed source
is lodged in a well;
14. Notifying proper persons in the event of
an accident; and
15. Actions to be taken if a sealed source
is ruptured, including:
(a) Actions to prevent the spread of contamination
and minimize inhalation and ingestion of radioactive materials; and
(b) Actions to determine the boundaries of
radioactive contamination with suitable radiation survey instruments described
in NAC 459.7661.
(Added to NAC by Bd. of Health, eff. 9-6-88; A 1-18-94)
NAC 459.7721 Monitoring personnel. (NRS
459.030, 459.201)
1. A licensee shall not permit a person to
act as a logging supervisor or a logging assistant unless that person wears, at
all times during the handling of radioactive materials, either a film badge or
a thermoluminescence dosimeter. Each film badge or thermoluminescence dosimeter
must be assigned to, and worn by, only one person. Film badges must be replaced
at least once every month, and thermoluminescence dosimeters must be replaced
at least once every 3 months. After replacement, each film badge or
thermoluminescence dosimeter must be promptly processed.
2. A licensee shall provide bioassay
services to persons using radioactive materials in subsurface tracer studies if
required by his or her license.
3. A licensee shall retain records of film
badge, thermoluminescence dosimeter and bioassay results for inspection until
the Division authorizes disposition of the records.
(Added to NAC by Bd. of Health, eff. 9-6-88; A by Dep’t
of Human Resources by R137-01, 5-30-2003)
NAC 459.7725 Surveys of radiation: Requirements; records. (NRS 459.201)
1. A licensee shall make radiation surveys
of each area where radioactive materials are used and stored.
2. Before transporting radioactive
materials, a licensee shall make a radiation survey of the position occupied by
each person in the vehicle and of the exterior of each vehicle used to
transport the materials.
3. If a sealed source assembly is removed
from a logging tool before departure from a temporary job site, the licensee
shall confirm that the logging tool is free of contamination by energizing the
logging tool detector or by using a survey meter.
4. If a licensee has reason to believe that,
as a result of any operation involving a sealed source, the encapsulation of
the sealed source could have been damaged by the operation, the licensee shall
conduct a radiation survey, including a contamination survey, during and after
the operation.
5. A licensee shall make a radiation survey
at a temporary job site before and after each subsurface tracer study to
confirm the absence of contamination.
6. The results of surveys required by
subsections 1 to 5, inclusive, must be recorded and must include:
(a) The date of the survey;
(b) The name of the person making the survey;
(c) The identification of the survey instrument
used; and
(d) The location of the survey.
7. A licensee shall retain the records of
surveys required by subsection 6, for inspection by the Division, for 3 years
after they are made.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.773 Control of radioactive contamination. (NRS 459.201)
1. If a licensee detects evidence that a
sealed source has ruptured or radioactive materials have caused contamination,
the licensee shall immediately initiate the emergency procedures required by NAC 459.7715.
2. If contamination results from the use of
radioactive material in well logging, a licensee shall decontaminate all work
areas, equipment and unrestricted areas.
3. During efforts to recover a sealed source
lodged in a well, a licensee shall continuously monitor, with an appropriate
radiation detection instrument or logging tool with a radiation detector, the
circulating fluids from the well, if any, to check for contamination resulting
from damage to the sealed source.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7735 Prohibited acts. (NRS
459.201)
1. A licensee shall not use sealed sources
in a well that penetrates a fresh water aquifer if the well does not have a
surface casing, or if the well has a surface casing that does not isolate the
fresh water aquifer from the well.
2. A licensee shall not use sealed sources
in any well that is producing water for human or animal consumption, or for
irrigation purposes.
3. A licensee shall not release any tracer
radioactive materials in a well unless a written authorization has been
obtained from the Division for each specific operation.
4. A registrant shall not activate a
radiation machine used in a well logging operation so that it emits radiation,
unless the radiation machine is in the well and at least 10 feet below the
surface of the ground.
(Added to NAC by Bd. of Health, eff. 9-6-88)
NAC 459.7741 Notifying Radiological Health Section of certain events; procedure
when sealed source is not retrievable. (NRS
459.201)
1. A licensee shall immediately notify the
Radiological Health Section of the Division by telephone and subsequently,
within 30 days, by confirmatory letter if the licensee knows, or has reason to
believe, that a sealed source has been ruptured. The letter must:
(a) Designate the well or other location;
(b) Describe the magnitude and extent of the escape
of radioactive materials;
(c) Assess the consequences of the rupture; and
(d) Explain efforts planned or being taken to
mitigate the consequences of the rupture.
2. A licensee or registrant shall notify the
Radiological Health Section by telephone of:
(a) The theft or loss of a source of radiation;
(b) Overexposures to radiation;
(c) Excessive levels and concentrations of
radiation; and
(d) Accidents, as required by NAC 459.369, 459.3695 and 459.371;
3. When a sealed source becomes lodged in a
well and it becomes apparent that efforts to recover the sealed source will not
be successful, a licensee shall:
(a) Notify the radiological health section by
telephone of the circumstances that resulted in the inability to retrieve the
source and obtain approval to carry out abandonment procedures;
(b) Advise the well owner or operator of the
abandonment procedures set forth in NAC
459.7645;
(c) Ensure that abandonment procedures are
completed within 30 days after the sealed source has been classified
irretrievable or request an extension of time from the Division to permit
completion of the abandonment procedures; and
(d) Make a report in writing to the Division within
30 days after a sealed source has been classified irretrievable. The licensee
must send a copy of the report to each state or federal agency that issued
permits or otherwise approved of the well drilling operation. The report must
contain the following information:
(1) The date of occurrence;
(2) A description of the irretrievable well
logging source involved, including the radionuclide and its quantity and
chemical and physical form;
(3) The surface location and identification of
the well;
(4) The results of efforts to immobilize and
seal the source in place;
(5) A brief description of the attempted
recovery effort;
(6) The depth of the source;
(7) The depth of the top of the cement plug;
(8) The depth of the well;
(9) Any other information required by the
Division, such as a warning statement contained on the permanent identification
plaque; and
(10) The names of the state and federal
agencies receiving a copy of the report.
(Added to NAC by Bd. of Health, eff. 9-6-88; A 1-18-94)
NAC 459.7745 Maintenance of documents and records. (NRS 459.201)
1. Each licensee and registrant shall
maintain the following documents and records at the field station:
(a) The regulations contained in NAC 459.010 to 459.950, inclusive;
(b) The license or registration authorizing the use
of a source of radiation;
(c) The records of calibration of radiation survey
instruments;
(d) Operating and emergency procedures;
(e) The records of leak tests;
(f) Physical inventory records;
(g) Utilization records;
(h) Records of inspection and maintenance;
(i) Training records; and
(j) Survey records.
2. Each licensee and registrant shall
maintain the following documents and records at a temporary job site while well
logging operations are being conducted:
(a) Operating and emergency procedures;
(b) Evidence of the latest calibration of the
radiation survey instruments in use at the site;
(c) The latest survey records required by NAC 459.7725;
(d) The shipping papers for transportation of
radioactive material;
(e) The latest leak test record;
(f) A copy of the license or registration
authorizing the use of a source of radiation; and
(g) Identification documents for each person who
enters the restricted area at the site which indicates his or her
classification as logging supervisor, logging assistant or other category, and
states that the person is an employee of the licensee or registrant.
(Added to NAC by Bd. of Health, eff. 9-6-88; A by R084-98,
1-26-99; R149-07, 1-30-2008)
Notices; Instructions and Reports to Employees;
Inspections
NAC 459.780 Purpose; applicability. (NRS
459.201) NAC 459.780 to 459.794, inclusive:
1. Establish requirements for notices,
instructions and reports by licensees or registrants to persons engaged in work
under a license or registration and options available to those persons in
connection with the Division’s inspections of licensees or registrants to
ascertain compliance with the provisions of chapter
459 of NRS and regulations, orders and licenses issued thereunder regarding
radiological working conditions.
2. Apply to all persons who receive,
possess, use or transfer sources of radiation licensed by or registered with
the Division pursuant to NAC 459.150 to 459.313, inclusive.
[Bd. of Health, Radiation Control Reg. § 10.1, eff. 2-28-80]—(NAC
A by R149-07, 1-30-2008)
NAC 459.782 Notices to employees. (NRS
459.201)
1. Each licensee or registrant shall post
current copies of the following documents:
(a) The provisions of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive;
(b) The license, certificate of registration,
conditions or documents incorporated into the license by reference and
amendments thereto;
(c) The operating procedures applicable to work
under the license or registration; and
(d) Any notice of a violation involving
radiological working conditions, any proposed imposition of a civil penalty or
an order issued pursuant to NAC 459.010
to 459.142, inclusive, and any response
from the licensee or registrant.
2. If posting of a document specified in
paragraphs (a) to (c), inclusive, of subsection 1 is not practicable, the
licensee or registrant shall post a notice which describes the document and
states where it may be examined.
3. Form NRC-1, “Notice to Employees,” must
be posted by each licensee or registrant.
4. Any notices, forms or other documents
posted must appear in a sufficient number of places to permit persons engaged
in work under the license or registration to observe them on the way to or from
any particular work location to which the document applies. The documents must
be conspicuous and must be replaced if defaced or altered.
5. Documents to be posted pursuant to
paragraph (d) of subsection 1 must be posted within 5 working days after
receipt of the documents from the Division. The licensee’s or registrant’s
response, if any, must be posted within 5 working days after dispatch from the
licensee or registrant. These documents must remain posted for a minimum of 5
working days or until action correcting the violation has been completed,
whichever is later.
[Bd. of Health, Radiation Control Reg. §§ 10.2-10.2.5,
eff. 2-28-80]—(NAC A 1-18-94)
NAC 459.784 Instructions to employees. (NRS
459.201)
1. All persons who in the course of
employment are likely to receive in 1 year an occupational dose of more than
100 millirems must:
(a) Be informed of the storage, transfer or use of
radioactive material or of radiation;
(b) Be instructed in the problems of health protection
associated with exposure to such radioactive material or radiation;
(c) Be instructed in precautions or procedures to
minimize exposure and in the purposes and functions of the protective devices
which are provided;
(d) Be instructed in and required to comply with
the provisions of NAC 459.010 to 459.794, inclusive, and licenses which
pertain to the protection of personnel from any exposures to radiation or
radioactive materials;
(e) Be informed of their responsibility to report
promptly to the licensee or registrant any condition which may cause or lead to
a violation of NAC 459.010 to 459.794, inclusive, or licenses or any
unnecessary exposure to radiation or radioactive material;
(f) Be instructed in the appropriate response to
warnings made in the event of any unusual occurrence or malfunction that may
involve exposure to radiation or radioactive material; and
(g) Be advised of the existence of exposure reports
to radiation which workers may request pursuant to NAC 459.786.
2. In determining which persons are subject
to the requirements of this section, licensees shall consider:
(a) The assigned activities of the person during
normal and abnormal situations involving exposure to radiation or radioactive
material that can reasonably be expected to occur during the life of the
licensed facility; and
(b) The potential problems relating to the
protection against radiation and radioactive material present in the licensed
facility.
[Bd. of Health, Radiation Control Reg. §§ 10.3-10.3.8,
eff. 2-28-80]—(NAC A by R084-98, 1-26-99)
NAC 459.786 Reporting of certain information.
(NRS
459.070, 459.201)
1. Data concerning a person’s exposure to
radiation and the results of any measurements, analyses and calculations of
radioactive material deposited or retained in the body of a person must be
reported to him or her, as specified in this section. The information reported
must include data and results obtained pursuant to NAC 459.010 to 459.794, inclusive, orders or conditions
set forth in the license or registration, as shown in records maintained by the
licensee or registrant pursuant to those sections. Each notification and report
must:
(a) Be in writing;
(b) Include the name of the registrant or licensee,
the name of the person and his or her social security number;
(c) Include the information relating to the
person’s exposure; and
(d) Contain the following statement:
This report is furnished to you
pursuant to NAC 459.780 to 459.794, inclusive, adopted by the State
Board of Health. You should preserve this report for further reference.
2. Each licensee and registrant shall advise
each of its workers annually of their exposure to radiation or radioactive
material as shown in records maintained by the licensee or registrant pursuant
to NAC 459.3665. An annual report of
the exposure in that monitoring year must be provided to each person monitored
pursuant to NAC 459.339 if:
(a) The person’s occupational dose exceeds 1 mSv
(100 mrem) total effective dose equivalent or 1 mSv (100 mrem) to any
individual organ or tissue; or
(b) The person requests his or her annual dose
report.
3. At the request of a worker formerly
engaged in work controlled by the licensee or the registrant, the licensee or
registrant shall furnish to the worker a report of his or her exposure to
radiation or radioactive material. The report must be furnished within 30 days
after the time the request is made or within 30 days after his or her exposure
has been determined, whichever is later. The report must cover, within the
period specified in the request, each calendar quarter in which the worker’s
activities involved exposure to radiation from radioactive material licensed by
or radiation machines registered with the Division and must include the dates
and locations of work under the license or registration in which the worker
participated during this period.
4. When a licensee or registrant is required
pursuant to NAC 459.3695, 459.371 or 459.3715 to report to the Division any
exposure of a person to radiation or radioactive material, the licensee or
registrant shall also provide the person with a report on his or her exposure
data. The report to the person must be transmitted to the person before
transmittal of the report to the Division.
5. At the request of a worker who is
terminating employment with a licensee or registrant in work involving exposure
to radiation in a calendar quarter or of a worker who, while employed by
another person, is terminating an assignment to work involving exposure to
radiation in the licensee’s or registrant’s facility in a calendar quarter, the
licensee or registrant shall provide the worker at the time of the termination
a written report specifying the dose of radiation which he or she received from
the operations of the licensee or registrant during the calendar quarter or
fraction thereof or shall provide him or her a written estimate of that dose if
the results of personnel monitoring have not been finally determined and are
not available at that time. An estimated dose must be clearly indicated as
such.
[Bd. of Health, Radiation Control Reg. §§ 10.4-10.4.5,
eff. 2-28-80]—(NAC A 1-18-94; R185-08, 5-7-2010)
NAC 459.788 Inspections: Generally; presence of representatives of licensees,
registrants and employees. (NRS
459.201)
1. Each licensee or registrant shall permit
the Division, at all reasonable times, an opportunity to inspect materials,
machines, activities, facilities, premises and records pursuant to NAC 459.010 to 459.794, inclusive.
2. During an inspection, inspectors of the
Division may consult privately with workers, as specified in NAC 459.790. The licensee or registrant may
accompany the inspectors of the Division during other phases of an inspection.
3. The inspectors of the Division may
require a licensee or registrant to energize any machine during the inspection.
Except as otherwise provided in this subsection, the machine may be energized
by an employee of the licensee or registrant or, if the licensee or registrant
consents, by an inspector. An inspector of the Division shall not energize or
operate a machine for medical use if a patient is present in the immediate
vicinity or in the controlled area as specified in the license or registration.
4. If, at the time of an inspection, a
person has been authorized by the workers to represent them during the
inspection, the licensee or registrant must notify the inspectors of the
authorization and give the workers’ representative an opportunity to accompany
the inspectors during the inspection of physical working conditions.
5. Each workers’ representative must be
routinely engaged in work under control of the licensee or registrant and must
have received instructions as specified in NAC
459.784.
6. Different representatives of licensees or
registrants and workers may accompany the inspectors during different phases of
an inspection if there is no resulting interference with the conduct of the
inspection, but only one workers’ representative at a time may accompany the
inspectors.
7. With the approval of the licensee or
registrant and the workers’ representative, a person who is not routinely
engaged in work under control of the licensee or registrant, for example, a
consultant to the licensee or registrant or to the workers’ representative, may
be afforded the opportunity to accompany inspectors of the Division during the
inspection of physical working conditions.
8. Notwithstanding the other provisions of
this section, inspectors of the Division may refuse to permit accompaniment by
any person who deliberately interferes with a fair and orderly inspection. With
regard to any area containing proprietary information, the workers’
representative for that area must be a person previously authorized by the
licensee or registrant to enter that area.
[Bd. of Health, Radiation Control Reg. §§ 10.5-10.5.7,
eff. 2-28-80]—(NAC A by R144-13, 10-13-2016)
NAC 459.790 Inspections: Consultation with employees. (NRS 459.201)
1. The inspectors of the Division may
consult privately with workers on matters related to their protection from
occupational radiation and matters related to applicable provisions of NAC 459.010 to 459.794, inclusive, to the extent that the
inspectors deem necessary for the conduct of an effective and thorough inspection.
2. During the course of an inspection, any
worker may bring privately to the attention of the inspectors, either orally or
in writing, any past or present condition which the worker has reason to
believe may have contributed to or caused any violation of chapter 459 of NRS, NAC 459.010 to 459.794, inclusive, or license condition,
or any unnecessary exposure of a person to radiation from licensed radioactive
material or a registered radiation machine under the licensee’s or registrant’s
control. Any such notice in writing must comply with the requirements of subsection
1 of NAC 459.792.
3. Subsection 2 is not an authorization to
disregard instructions in NAC 459.784.
[Bd. of Health, Radiation Control Reg. §§ 10.6-10.6.3,
eff. 2-28-80]
NAC 459.792 Inspections: Requests by employees. (NRS 459.201)
1. Any worker or representative of workers
who believes that a violation of chapter
459 of NRS, NAC 459.010 to 459.794, inclusive, or license conditions
exists or has occurred in work under a license or a registration with regard to
radiological working conditions in which the worker is engaged, may request an
inspection by giving notice of the alleged violation to the Division. Any such
notice must be in writing, set forth the specific grounds for the notice, and
must be signed by the worker or representative of the workers. A copy must be
given to the licensee or registrant by the Division no later than at the time
of inspection except that, upon the request of the worker giving the notice,
his or her name and the name of the persons referred to therein must not be
disclosed in any copy or on any record published, released or made available by
the Division, except for good cause shown.
2. If, upon receipt of the notice, the
Division determines that the complaint meets the requirements in subsection 1,
and that there is a reasonable ground to believe that the alleged violation
exists or has occurred, the Division shall cause an inspection to be made as
soon as practicable, to determine whether the alleged violation exists or has
occurred. Inspections pursuant to this section need not be limited to matters
referred to in the complaint.
3. No licensee or registrant may discharge
or in any manner discriminate against any worker because the worker has filed
any complaint, instituted or caused to be instituted any proceeding under NAC 459.010 to 459.794, inclusive, or has testified or is
about to testify in any such proceeding or because the worker, on behalf of
himself or herself or others, has exercised any option afforded by NAC 459.780 to 459.794, inclusive.
[Bd. of Health, Radiation Control Reg. §§ 10.7-10.7.3,
eff. 2-28-80]
NAC 459.794 Inspections: Informal review. (NRS
459.201)
1. If the Division determines, with respect
to the complaint under NAC 459.792, that
an inspection is not warranted because there are no reasonable grounds to
believe that a violation exists or has occurred, the Division must notify the
complainant in writing of that determination.
2. The complainant may obtain a review of
the determination by submitting a written statement of his or her position with
the Chief Medical Officer, who shall provide the licensee or registrant with a
copy of the statement by certified mail, excluding, at the request of the
complainant, the name of the complainant. The licensee or registrant may submit
an opposing written statement of position with the Chief Medical Officer, who
shall provide the complainant with a copy of the statement by certified mail.
Upon request of the complainant, the Chief Medical Officer may hold an informal
conference, pursuant to subsection 2 of NAC
459.136, in which the complainant and licensee or registrant, may orally
present their views. An informal conference may also be held at the request of the
licensee or registrant, but disclosure of the identity of the complainant may
be made only following receipt of his or her written authorization. After
considering all written or oral views presented, the Chief Medical Officer
shall affirm, modify or reverse the determination of the Division and furnish
the complainant and the licensee or registrant a written notification of the
decision and the reason therefore.
3. The informal conference cannot be
appealed and is the final remedy available to the complainant or the licensee
or registrant pursuant to subsection 3 of NAC
459.136.
4. If the Division determines that an
inspection is not warranted because the requirements of subsection 1 of NAC 459.792 have not been met, the Division
shall notify the complainant in writing of that determination. Such a
determination is without prejudice to the filing of a new complaint meeting the
requirements of that subsection.
[Bd. of Health, Radiation Control Reg. §§ 10.8-10.8.4,
eff. 2-28-80]—(NAC A 10-30-97)
DISPOSAL OF RADIOACTIVE MATERIAL
General Provisions
NAC 459.800 Definitions. (NRS
459.201) As
used in NAC 459.800 to 459.950, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.8005 to 459.8055, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 4-24-86;
6-23-86; 2-18-88; R084-98, 1-26-99)
NAC 459.8005 “Active maintenance” defined. (NRS
459.201) “Active
maintenance” means any significant activity needed during the period of control
after closure of the disposal area to ensure reasonable protection against
inadvertent intruders and the migration of radionuclides, including activities
such as the pumping and treatment of water from a disposal unit or replacement
of the cover of a disposal unit. The term does not include continuing custodial
activities such as the repair of fencing, repair or replacement of equipment
for detecting radiation, revegetation, minor additions to the depth of soil covering
a disposal unit and general upkeep such as mowing grass.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.801 “Buffer zone” defined. (NRS
459.201) “Buffer
zone” means a portion of the disposal area which is controlled by the licensee
and lies under the disposal units or between the disposal units and the
boundary of the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8015 “Chelating agent” defined. (NRS
459.201) “Chelating
agent” means amine polycarboxylic acids, hydroxycarboxylic acids and
polycarboxylic acids.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.802 “Disposal” defined. (NRS
459.201) “Disposal”
means the isolation of radioactive wastes from the biospheres inhabited by
humans and the plants and animals on which they feed, directly or indirectly,
by emplacement in a disposal area on land.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8025 “Disposal area” defined. (NRS
459.201) “Disposal
area” means the land which is used for the disposal of waste, consisting of
disposal units and a buffer zone.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.803 “Disposal unit” defined. (NRS
459.201) “Disposal
unit” means a discrete portion of a disposal area into which waste is placed
for disposal. For disposal near the surface, the unit is usually a trench.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8035 “Explosive material” defined. (NRS
459.201) “Explosive
material” means any chemical compound, mixture or device which produces a
substantial instantaneous release of gas and heat spontaneously or by contact
with sparks or flame.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.804 “Hydrogeological unit” defined. (NRS
459.201) “Hydrogeological
unit” means a unit or zone of soil or rock which by virtue of its porosity or permeability,
or lack thereof, has a distinct influence on the storage or movement of
groundwater.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8045 “Inadvertent intruder” defined. (NRS
459.201) “Inadvertent
intruder” means a person who occupies a disposal area after its closure and
engages in normal activities, such as agriculture or the construction of a
dwelling, in which he or she may unknowingly be exposed to radiation from the
waste.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.805 “Near the surface” defined. (NRS
459.201) “Near
the surface” means within the upper 100 feet (approximately 30 meters) of the
earth’s surface.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8055 “Waste” defined. (NRS
459.201) “Waste”
has the meaning ascribed to it in subsection G of Article 2 of the Rocky
Mountain Low-level Radioactive Waste Compact in NRS 459.007.
(Added to NAC by Bd. of Health, eff. 4-27-84)
Licenses for Disposal in Soil of Radioactive Wastes
NAC 459.806 Scope. (NRS
459.201) NAC 459.806 to 459.8225, inclusive:
1. Establish the procedures, criteria, terms
and conditions upon which the Division will issue licenses for the disposal in
soil of radioactive wastes received from other persons.
2. Do not apply to the disposal of licensed
material as provided in NAC 459.3355
and 459.359 to 459.3615, inclusive.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 1-18-94)
NAC 459.8065 General requirements for license. (NRS 459.201) A person who desires to
apply for a license to locate, design, construct and operate in this State an
area for the disposal in soil of wastes that are received from others and
contain or are contaminated with radioactive material must:
1. Comply with the requirements for a
specific license set forth in NAC 459.236;
and
2. Submit to the Division the necessary
general, technical, analytical, organizational and financial information.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.807 Collection of environmental data.
(NRS
459.201) At
the time a person applies for a license, the person must have conducted a
program to collect basic environmental data on the characteristics of the
proposed disposal area, including data about the ecology, meteorology, climate,
hydrology, geology, geochemistry and seismology of the area. For those
characteristics that are subject to seasonal variation, the data must cover at
least a 12-month period.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8075 Application for license: General information. (NRS 459.201) An applicant for a license
to operate a disposal area must submit to the Division the following general
information:
1. The identity of the applicant, including
the full name, address, telephone number and a description of the business or
occupation of the applicant, and if the applicant is:
(a) A partnership, the name and address of each
partner and the principal location where the partnership does business;
(b) A corporation or an unincorporated association,
the state where it is incorporated or organized, the principal location where
it does business and the names and addresses of its directors and principal
officers; and
(c) Acting as an agent or representative for
another person in filing the application, all information required under this
subsection which applies to the other person.
2. The qualifications of the applicant,
including:
(a) The organizational structure of the applicant,
together with a description of lines of authority and assignments of
responsibilities, whether in the form of administrative directives, contractual
provisions or otherwise;
(b) The technical qualifications, training and
experience of the applicant and members of the applicant’s staff to engage in
the proposed activities, as well as the minimum training and experience
required of personnel in the organizational structure described in paragraph
(a);
(c) A description of the applicant’s training
program for personnel; and
(d) The plan to maintain an adequate complement of
trained personnel to carry out the receipt, handling and disposal of waste in a
safe manner.
3. A description of:
(a) The location of the proposed disposal area;
(b) The general character of the proposed
activities;
(c) The types and quantities of waste to be
received, possessed and disposed of;
(d) Plans for use of the disposal area for any
purposes other than for the disposal of radioactive wastes; and
(e) The proposed facilities and equipment for the
disposal area.
4. Proposed schedules for construction, the
receipt of waste and the first emplacement of waste at the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.808 Application for license: Technical information. (NRS 459.201) An applicant for a license
to operate a disposal area must submit to the Division the following technical
information to demonstrate that the applicant is capable of meeting the
objectives and technical requirements of disposal:
1. A description of the natural and
demographic characteristics of the disposal area, including geologic,
geotechnical, hydrologic, meteorologic, climatologic and biotic features of the
disposal area and its vicinity.
2. A description of the design of the
disposal area and proposed disposal units. For disposal near the surface, the
description must include those features of the design related to:
(a) The infiltration of water;
(b) Integrity of covers for disposal units;
(c) Structural stability of backfill, wastes and
covers;
(d) Contact of wastes with standing water;
(e) Drainage;
(f) Closure and stabilization;
(g) Elimination, to the extent practicable, of
long-term maintenance;
(h) Prevention of inadvertent intrusion;
(i) Exposure of employees to radiation;
(j) Detection of radiation in the disposal area;
and
(k) Adequacy of the size of the buffer zone for
detection and prevention of the migration of radionuclides.
3. A description of the principal criteria
of the design and their relationship to the objectives of disposal.
4. A description of the natural events or
phenomena on which the design is based and their relationship to the principal
criteria of the design.
5. A description of codes and standards of
construction which the applicant has applied to the design and which will apply
to construction of the disposal area.
6. A description of the construction and operation
of the disposal area. The description must include, at a minimum the:
(a) Methods of construction of disposal units;
(b) Methods for emplacement of waste;
(c) Procedures and areas for the segregation of
waste;
(d) Types of barriers against intruders;
(e) Systems for vehicular traffic and drainage on
the site;
(f) Program for control of emplacement by
surveying;
(g) Methods and areas of waste storage;
(h) Methods to control the access of surface water
and groundwater to the wastes; and
(i) Methods to be employed in the handling and
disposal of wastes containing chelating agents or other nonradiological
substances which may affect compliance with the objectives of disposal.
7. A description of the plan for closure of
the disposal area, including those features of the design which are intended to
facilitate closure of the disposal area and to eliminate the need for active
maintenance.
8. An identification of those known natural
resources at the disposal area whose future exploitation may result in
inadvertent intrusion into the wastes after the removal of governmental control
of the area.
9. A description of the kind, amount,
classification and specifications of the radioactive material proposed to be
received, possessed and disposed of at the disposal area.
10. A description of the programs for
ensuring reliability:
(a) In the determination of natural characteristics
of the disposal area;
(b) During the design, construction, operation and
closure of the disposal area; and
(c) For the receipt, handling and emplacement of
waste, including audits and managerial controls.
11. A description of the program for:
(a) Control and detection of radioactive effluents
to ensure compliance with the requirements of NAC 459.8155;
(b) Control and measurement of exposure of
employees to radiation to ensure compliance with the requirements of NAC 459.320 to 459.374, inclusive; and
(c) Control of contamination of personnel,
vehicles, equipment, buildings and the disposal area. The programs must govern
both routine operations and accidents and the descriptions must include
applicable procedures, instrumentation, facilities and equipment.
12. A description of the program for
detection and measurement of radionuclides migrating from the disposal area to
provide data to evaluate potential effects on health and the environment and
the plan for taking corrective measures if a migration of radionuclides is
discovered.
13. A description of the administrative
procedures that the applicant will apply to control activities at the disposal
area.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 1-18-94)
NAC 459.8085 Application for license: Analyses. (NRS 459.201) An applicant for a license
to operate a disposal area must submit to the Division the following analyses
to demonstrate that the objectives of disposal will be met:
1. Pathways of migration of radionuclides
which are analyzed in demonstrating protection of the general population from
releases of radioactivity must include air, soil, groundwater, surface water,
vegetative growth and exhumation by burrowing animals. The analyses must
clearly identify and differentiate between the roles performed by the natural
characteristics of the disposal area and features of design to isolate and
segregate the wastes. The analyses must clearly demonstrate that there is a
reasonable assurance that the exposures of persons to the release of
radioactivity will not exceed the limits set forth in NAC 459.8155.
2. Analyses of the protection of persons who
inadvertently intrude must include a demonstration that there is a reasonable
assurance that the requirement of segregation of wastes will be met and that
adequate barriers to inadvertent intrusion will be provided.
3. Analyses of the protection of persons
during operations must include assessments of expected exposures resulting from
routine operations and likely accidents during the handling, storage and
disposal of waste. The analyses must provide a reasonable assurance that
exposure will be controlled to meet the requirements of NAC 459.320 to 459.374, inclusive.
4. Analyses of the long-term stability of
the disposal area and the need for active maintenance after closure must be
based upon analyses of active natural processes such as erosion, mass wasting,
slope failure, settlement of wastes and backfill, infiltration through covers
over disposal areas and adjacent soils and the surface drainage of the disposal
area. The analyses must provide a reasonable assurance that active maintenance
of the disposal area will not be needed following closure.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 1-18-94)
NAC 459.809 Application for license: Information concerning ownership. (NRS 459.201) An applicant for a license
to operate a disposal area must submit to the Division the following
information concerning ownership of the area:
1. If the disposal area is proposed to be
located on land already owned by the Federal Government or this State, a
certification by the federal or state agency which owns the land that the
agency will:
(a) Accept transfer of the license when the
provisions of NAC 459.8215 are met; and
(b) Assume responsibility for custodial care upon
closure of the disposal area and observation and maintenance after closure.
2. If the disposal area is proposed to be
located on land not owned by the Federal Government or this State, the
applicant must submit evidence that arrangements have been made for assumption
of ownership in fee by a federal or state agency before the Division issues a
license.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8095 Application for license: Financial information. (NRS 459.201) An applicant for a license
to operate a disposal area must submit to the Division financial information
which is sufficient to demonstrate that the finances of the applicant are
adequate to carry out the activities for which the license is sought and meet
the financial requirements in NAC 459.8115
to 459.813, inclusive.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.810 General requirements of disposal area. (NRS 459.201) A disposal area must be so
located, designed, operated, closed and controlled after closure as reasonable
to ensure that:
1. Any exposures of persons to radiation are
within the limits established in this section and NAC 459.815 and 459.8155;
2. A person is protected who inadvertently
intrudes into and occupies the disposal area or comes into contact with the
waste at any time after active governmental control over the disposal area is
removed; and
3. Long-term stability of the disposal area
is achieved and the need for active maintenance of the area following closure
is eliminated to the extent practicable, so that only surveillance, detection
of radiation and minor custodial care are required.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8105 Location and minimum characteristics of disposal area. (NRS 459.201)
1. The primary objectives in assessing the
location of a disposal area are to determine that the characteristics of the
proposed area will ensure the isolation of wastes and the attainment of other
long-term requirements.
2. A proposed disposal area must have the
following minimum characteristics to be approved for disposal near the surface
of low-level radioactive waste:
(a) The disposal area must be capable of being
characterized, modeled, analyzed and observed.
(b) A site must be selected so that projected
growth of the population and other future developments within the region where
the disposal area is to be located are not likely to affect the capability of
the disposal area to meet the objectives of disposal.
(c) Geographical areas must be avoided which
contain valuable natural resources which are known to exist and which, if
exploited, would result in the eventual failure of the disposal area to meet
the objectives of disposal.
(d) The disposal area must be generally well
drained and free of areas of flooding or frequent accumulations of water in
ponds. The disposal of wastes will not be allowed in a 100-year floodplain,
coastal area with a high risk of flooding or wetland, as those terms are
defined in Executive Order No. 11,988, Floodplain Management Guidelines in 43
FR 6030 (1978).
(e) Drainage areas which are upstream from the site
must be minimized to decrease the amount of runoff which could erode or
inundate disposal units.
(f) Wastes, when buried, must be sufficiently above
the water table so that the intrusion of groundwater, perennial or otherwise,
into the waste will not occur. The disposal of waste will not be allowed in the
zone of fluctuation of the water table.
(g) The hydrogeological unit in which the site is
located must not discharge groundwater to the surface within the disposal area.
(h) The disposal of wastes will not be allowed in
geographic areas where tectonic processes such as faulting, folding, seismic
activity or vulcanism may occur with a frequency and to an extent that
significantly affects the capability of the disposal area to meet the
objectives of disposal, or may preclude defensible modeling and the prediction
of long-term effects.
(i) The disposal of wastes will not be allowed in
geographical areas where surface geologic processes such as mass wasting,
erosion, slumping, landsliding or weathering occur with a frequency and to an
extent that significantly affects the capability of the disposal area to meet
the objectives of disposal, or may preclude defensible modeling and prediction
of long-term effects.
(j) The disposal area must not be located where
nearby facilities or activities could adversely affect the capability of the
area to meet the objectives of disposal or significantly interfere with the
detection of radionuclides migrating from the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.811 Design of disposal area. (NRS
459.201) The
design of the disposal area must be directed toward the long-term isolation of
wastes and avoidance of the need for active maintenance after closure of the
area, and must meet the following criteria:
1. The design and operation of the disposal
area must be compatible with the plan for closure and stabilization and lead to
closure which reasonably ensures that the objectives of disposal will be met.
2. The disposal area must be designed to
complement and improve, where appropriate, the capability of the disposal
area’s natural characteristics to ensure that the objectives of disposal will
be met.
3. Covers must be designed to:
(a) Minimize the infiltration of water to the
extent practicable;
(b) Direct percolating or surface water away from
the waste; and
(c) Resist degradation by surface geologic
processes and biotic activity.
4. Surface features must direct the drainage
of surface water away from disposal units at velocities and gradients that will
not cause erosion and result in active maintenance of the units in the future.
5. The disposal area must be designed to
minimize, to the extent practicable, the contact of:
(a) Water with waste during storage;
(b) Standing water with waste during disposal; and
(c) Percolating or standing water with waste after
disposal.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8115 Financial requirements: Demonstration of ability to obtain
necessary money. (NRS
459.201) Each
applicant must demonstrate to the satisfaction of the Division that it
possesses or has a reasonable likelihood of obtaining the necessary money, to
cover the estimated costs of conducting all licensed activities over the
planned operating life of the disposal area, including costs of construction
and disposal.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.812 Financial requirements: Assurances of sufficient money for
closure and stabilization. (NRS
459.201)
1. The applicant must provide assurances
before the commencement of operations that sufficient money will be available
to carry out closure and stabilization of the disposal area, including the
decontamination or dismantling of structures in the disposal area, so that
after transfer of control over the disposal area to its governmental owner, the
need for active maintenance is eliminated to the extent practicable and only
minor custodial care, surveillance and detection of radiation are required.
These assurances must be based on cost estimates approved by the Division for
carrying out the plan for closure and stabilization. The applicant’s estimates
of cost must take into account the total costs that would be incurred if an
independent contractor were hired to perform the work of closure and
stabilization.
2. In order to avoid duplication and
unnecessary expense, the Division will accept sureties or undertakings that
have been consolidated with other undertakings established to meet the
requirements of other federal, state or local governmental agencies for
decontamination closure and stabilization. The Division will accept these
consolidated undertakings only if:
(a) They are considered adequate to satisfy the
requirements of this section; and
(b) The portion of the undertaking which covers the
closure of the disposal area is clearly identified and committed for use in
accomplishing those activities.
3. The licensee must annually submit his or
her sureties or other arrangements to the Division for its review to ensure
that sufficient money is available for completion of the plan for closure,
assuming that the work will be performed by an independent contractor.
4. The amount of the undertaking must be
changed in accordance with the predicted cost of final closure and
stabilization. Factors affecting the estimated costs of closure and
stabilization include monetary inflation, increases in the amount of disturbed
land, changes in engineering plans, any closure and stabilization that has
already been accomplished and any other conditions affecting costs. The
undertaking must also be sufficient at all times to cover the costs of closure
of the disposal units that are expected to be used before the next renewal of
the license for the disposal area.
5. The term of any undertaking must be
unlimited unless the applicant or licensee can demonstrate that another
arrangement, such as the one described in NAC
459.8125, will provide an equivalent level of assurance.
6. Financial arrangements which are
generally acceptable to the Division include surety bonds, cash deposits,
certificates of deposit, deposits of government securities, escrow accounts,
irrevocable letters or lines of credit, trust funds or any combination of them.
Other types of arrangements may be approved by the Division. Self-insurance or
any other arrangement which essentially constitutes pledging the assets of the
licensee will not satisfy the requirement for an applicant that is not a
governmental agency, because it provides no additional assurance other than
that which already exists through licensing.
7. Liability of a surety or upon another
undertaking must remain in effect until the program for closure and
stabilization has been completed and approved by the Division and the license
has been transferred to the governmental agency which owns the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8125 Financial requirements: Alternative form of assurance. (NRS 459.201)
1. An alternative form of assurance may be
provided by an undertaking which covers a specific period, for example, 5
years, but which is automatically renewed unless the party who issues the
surety notifies the Division, the beneficiary (the owner of the disposal area)
and the principal (the licensee), not less than 90 days before the date for
renewal, of its intention not to renew. If the undertaking is not renewed the
licensee must submit another surety undertaking within 30 days after
notification of this intent. If the licensee fails to provide such a
replacement which is acceptable to the Division, the owner of the disposal area
may demand payment from the original surety or upon the original undertaking.
Proof of forfeiture must not be required to collect this payment, so that, if
the licensee does not provide an acceptable replacement within the required
time, the amount of the undertaking must be automatically collected prior to
its expiration.
2. The conditions described in subsection 1
must be clearly stated in any undertaking whose term is limited and must be
agreed to by all parties.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.813 Financial requirements: Contract with governmental agency which
owns disposal area. (NRS
459.201)
1. Before the Division issues a license, the
applicant must provide for review and approval by the Division of a copy of a
periodically modifiable contract between the applicant and the governmental
agency which owns the disposal area that ensures sufficient money will be
available to cover the costs of inspecting the disposal area, detecting
radiation and any required maintenance during the period of governmental
control after closure. The Division will review the contract periodically to
ensure that changes in the value of money or in technology and operations in
the disposal area are reflected in the costs to be covered.
2. Modifications to the contract described
in subsection 1 must be agreed to by the Division.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8135 Variances. (NRS
459.201) The
Division may, upon application by an interested person or upon its own
initiative, grant a variance from any of the requirements of NAC 459.806 to 459.8225, inclusive, which it finds:
1. Is not contrary to law;
2. Will not endanger life or property; and
3. Is in the public interest.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.814 Licenses: Necessary findings. (NRS
459.201) The
Division will issue a license to receive, possess and dispose of waste
containing or contaminated with radioactive material upon finding that:
1. The issuance of the license will not
constitute an unreasonable risk to the health and safety of the public;
2. The applicant is qualified by reason of
training and experience to carry out the disposal of waste in a manner that
protects health and minimizes danger to life and property;
3. The applicant’s proposed disposal area,
its design and operations, including equipment, facilities and procedures, and
the plans for closure and care and control after closure are adequate to
protect the public health and safety in that they provide reasonable assurance
that:
(a) The standards for protection from radiation as
provided in NAC 459.320 to 459.374, inclusive, will be met;
(b) The general population will be protected from
releases of radioactivity as provided in NAC
459.8155;
(c) Any inadvertent intruder into the area will be
protected as provided in subsection 2 of NAC
459.810; and
(d) The long-term stability of the buried waste and
the disposal area will be achieved and will eliminate to the extent practicable
the need for active maintenance of the disposal area after closure;
4. The applicant’s demonstration provides a
reasonable assurance that the applicable technical requirements for disposal
will be met;
5. The applicant’s proposal for governmental
control after closure provides a reasonable assurance that care will be
furnished for the length of time necessary to carry out the requirements of
subsection 3 and meets the requirements provided in NAC 459.822; and
6. The financial assurances meet the
requirements provided in NAC 459.813.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 1-18-94)
NAC 459.8145 Licenses: Conditions. (NRS
459.201)
1. The Division shall attach the following
conditions to each license to operate a disposal area which it issues:
(a) No license or any right thereunder may be
transferred, assigned or in any manner disposed of, either voluntarily or
involuntarily, directly or indirectly, through transfer of control of the
license to any person unless the Division finds, after obtaining full
information, that the transfer is in accordance with the provisions of NAC 459.198 and gives its consent in
writing in the form of an amendment to the license.
(b) The licensee shall submit written statements
under oath upon request of the Division at any time before termination of the
license to enable the Division to determine whether or not the license should
be modified, suspended or revoked.
(c) The license will be transferred to the state
agency which owns the land only after the plan for closure approved by the
Division is fully carried out, including observation and maintenance after
closure.
(d) The licensee and its license are subject to the
provisions of chapter 459 of NRS and
all rules, regulations and orders of the Division and any subsequent amendments
to them, adopted or issued in accordance with the terms of chapter 459 of NRS.
(e) The licensee shall confine its possession and
use of radioactive materials to the locations and purposes authorized in its
license.
(f) The licensee shall not dispose of radioactive
waste until the Division has inspected the disposal area and has found it to be
in conformance with the description, design and construction described in the
application for a license.
2. The Division may add to any license at
the time of its issuance or thereafter, by appropriate regulation or order,
additional requirements and conditions with respect to the licensee’s receipt,
possession and disposal of source material, special nuclear material, by-product
material or other radioactive material as it deems appropriate or necessary, in
order to:
(a) Protect health or to minimize danger to life or
property; or
(b) Require reports and the keeping of records and
provide for inspections of activities under the license that may be necessary
or appropriate to effectuate the purposes of chapter
459 of NRS and the Division’s regulations.
3. The authority to dispose of wastes
expires on the date stated in the license except as provided in subsection 1 of
NAC 459.820.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.815 Conduct of operations: Standards for protection from radiation. (NRS 459.201) The licensee must conduct
operations at the disposal area in compliance with the standards for protection
from radiation set forth in NAC 459.320
to 459.374, inclusive, except for
releases of radioactivity in effluents from the disposal area which are
governed by the provisions of NAC 459.8155.
The licensee must make reasonable efforts to keep exposures to radiation as low
as is reasonably achievable.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 1-18-94)
NAC 459.8155 Limitations on annual release of radioactive material to general
environment. (NRS
459.201)
1. Concentrations of radioactive material
which may be released to the general environment in groundwater, surface water,
air, soil, plants or animals must not result in an annual dose exceeding an
equivalent of 25 millirems to the whole body, 75 millirems to the thyroid and
25 millirems to any other organ of any person.
2. The licensee must make reasonable efforts
to keep releases of radioactivity in effluents to the general environment as
low as is reasonably achievable.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.816 Segregation and disposal of waste. (NRS 459.201)
1. The licensee shall:
(a) Segregate wastes designated as Class A pursuant
to NAC 459.8265 to 459.8305, inclusive, from other wastes by
placing them in disposal units which are sufficiently separated from disposal
units for the other classes of waste so that any interaction between Class A
wastes and other wastes will not result in a failure to meet the objectives of
disposal. This type of segregation is not necessary for Class A wastes if they
meet the requirements for stability in NAC
459.8305.
(b) Dispose of wastes designated as Class C:
(1) So that the top of the waste is at least
16 feet below the top surface of the cover; or
(2) With barriers against intruders that are
designed to protect against an inadvertent intrusion for at least 500 years.
(c) Dispose of all wastes in accordance with the
requirements of subsections 2 to 8, inclusive.
2. Wastes must be emplaced in a manner that:
(a) Maintains the integrity of packages during
emplacement;
(b) Minimizes the spaces between packages; and
(c) Permits the remaining spaces between packages
to be filled.
3. Spaces between packages of waste must be
filled with earth or other materials to reduce future subsidence within the
fill.
4. Waste must be placed and covered in a
manner that limits the rate of radiation at the surface of the cover to levels
that, at a minimum, will permit the licensee to comply with all the provisions
of NAC 459.335 at the time the license
is transferred pursuant to NAC 459.8215.
5. The boundaries and location of each
disposal unit must be accurately located and mapped by means of a survey.
Disposal units near the surface must be marked in such a way that the
boundaries of each unit can be easily identified. Three permanent control
points, consisting of survey markers whose location can be found from control
stations of surveys of the United States Geological Survey or National Geodetic
Survey, must be established on the site to facilitate surveys. The control
stations must provide horizontal and vertical controls.
6. A buffer zone must be maintained between
any buried waste and the boundary of the disposal area and beneath the disposed
waste. The buffer zone must be of adequate dimensions to enable the licensee or
other custodian of the disposal area to carry out the provisions of subsection
3 of NAC 459.817 and take mitigative
measures if needed.
7. The licensee shall carry out the measures
for closure and stabilization set forth in the approved plan for closure of the
site after each disposal unit is filled and covered.
8. Current operations of disposal must not
adversely affect completed measures for closure and stabilization.
9. Only wastes containing or contaminated
with radioactive materials may be disposed of at the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 1-18-94)
NAC 459.8165 Records of shipments. (NRS
459.201)
1. After receipt and acceptance of a
shipment of radioactive waste, the licensee shall record:
(a) The date of receipt and the condition of the
packages of waste as received at the disposal facility;
(b) Any discrepancies between the materials listed
on the manifest and those received;
(c) Any evidence of leaking or damaged packages or
radiation, or levels of contamination in excess of the limits specified in the
regulations of the United States Department of Transportation and the Division;
(d) The traceable shipment manifest number;
(e) A description of any engineered barrier or
structural overpack provided for disposal of the waste;
(f) The volume of any pallets, bracing or other
shipping or on-site generated materials that are contaminated and are disposed
of as contaminated or suspect materials;
(g) The date of disposal of the waste and its
location in the disposal area; and
(h) Any other information that may be required by
the Division as a condition of the license.
2. The licensee shall retain the records
described in subsection 1 until the Division transfers or terminates the
license that authorizes the activities described in this section.
3. The licensee shall briefly describe any
repackaging performed on the waste included in the shipment and any other
information required to be kept by the Division.
4. The licensee shall store, or have stored,
the manifest and any other information relating to the receipt and disposal of
radioactive waste in a medium that is computer readable, including, without
limitation, the information described in:
(a) Paragraphs (a) to (d), inclusive, of subsection
1;
(b) Subsection 3; and
(c) NAC
459.8231, except for:
(1) The telephone numbers of the persons
shipping and carrying the waste; and
(2) The certifications of the consignee and
the shipper of the waste.
5. As used in this section:
(a) “Engineered barrier” means an artificially
created structure or device that is used to improve the ability of the disposal
facility to meet the requirements set forth in NAC 459.810.
(b) “Medium that is computer readable” means a
medium from which information can be transferred into the memory of the
computer of the Division.
(c) “Structural overpack” means an enclosure that
is used by a single consignor to protect a package of waste, for convenience in
the handling of such a package or to consolidate two or more such packages. The
term does not include a vehicle used for transportation or a freight container.
(Added to NAC by Bd. of Health, eff. 4-27-84; A by R084-98,
1-26-99)
NAC 459.817 Program of environmental observation. (NRS 459.201)
1. During construction and operation of the
disposal area, the licensee shall establish and maintain a program of
environmental observation to detect radiation. Observations and measurements
must be made and recorded to provide data to evaluate potential effects on
health and the environment during both the construction and the operation of
the disposal area and long-term effects and the need for mitigative measures.
The program for detection of radiation must be capable of providing an early
warning of releases of radionuclides from the disposal area, before they leave
the boundaries of the disposal area.
2. The licensee must have plans for taking
corrective measures if the program for detection of radiation detects a
migration of radionuclides which indicates that radionuclides may leave the
disposal area.
3. After the disposal area is closed, the
licensee who is responsible for surveillance of the disposal area shall
maintain a program for detection of radiation based on the operating history
and the closure and stabilization of the disposal area. The program must be
capable of providing an early warning of releases of radionuclides from the
disposal area, before they leave the boundaries of the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8175 Authorization of specific alternatives to requirements. (NRS 459.201) The Division may, upon
request or on its own initiative, authorize specific provisions other than
those set forth in NAC 459.807, 459.811, 459.816
and 459.817 for the segregation and
disposal of waste and for the design and operation of a disposal area if it
finds those specific provisions ensure reasonable compliance with the
requirements concerning disposal.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.818 Inspection by Division. (NRS
459.201)
1. Each licensee shall permit the Division
at all reasonable times to inspect radioactive waste not yet disposed of and
the premises, equipment, operations and facilities in which radioactive wastes
are received, possessed, handled, treated, stored and disposed of, unless the
licensee has a record of satisfactory compliance with the regulations of the
United States Department of Transportation, as determined by the Division.
2. Each licensee shall make available to the
Division for inspection, upon reasonable notice, records kept by it pursuant to
the provisions of NAC 459.3665 and 459.800 to 459.8225, inclusive. An authorized
representative of the Division may copy for the Division’s use any record
required to be kept pursuant to the provisions of NAC 459.010 to 459.950, inclusive.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 6-23-86;
1-18-94; R084-98, 1-26-99; R149-07, 1-30-2008)
NAC 459.8185 Tests by licensee or Division. (NRS
459.201) Each
licensee shall perform, or permit the Division to perform, any tests the
Division deems appropriate or necessary for the administration of NAC 459.800 to 459.8225, inclusive, including tests of:
1. Radioactive wastes and facilities used
for the receipt, storage, treatment, handling and disposal of radioactive
wastes;
2. Instruments for the detection and
measurement of radiation; and
3. Other equipment and devices used in
connection with the receipt, possession, handling, treatment, storage and
disposal of radioactive waste.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.819 Annual reports. (NRS
459.201) Each
licensee shall submit to the Division the following annual reports:
1. A report of activities at the disposal
area during the preceding year which includes:
(a) A specification of the quantity of each of the
principal radionuclides released to unrestricted areas in liquid and in
airborne effluents;
(b) The results of the program for detecting
radiation;
(c) A summary of the surveys and maintenance of
disposal units;
(d) A summary, by class of waste, of activities and
quantities of radionuclides disposed of;
(e) Any instance in which observed characteristics
of the disposal area or its vicinity were significantly different from those
described in the application for a license; and
(f) Any other information the Division may require.
Ê This report
must be submitted by the end of the first calendar quarter of each year for the
preceding year. If the quantities of radioactive materials which have been
released during the reporting period, while disposing of wastes, performing
maintenance, measuring the area to detect radiation or during other activities
are significantly different from the quantities anticipated in the plans and
other documents which were a part of the licensee’s application for a license,
the report must specifically describe those differences.
2. A copy of its financial report or a
certified financial statement in order to update the information for
determining financial qualifications.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8195 Records and reports: Preparation; retention; reproduced copy. (NRS 459.201)
1. Each licensee shall prepare and keep such
records and submit such reports in connection with its licensed activities as
may be required by the conditions of the license or the regulations or orders
of the Division.
2. Each licensee shall keep copies of
required records and reports for the period specified in NAC 459.3665 or in the license. If a
period of retention is not otherwise specified, these records must be kept and
transferred to the persons specified by the Division upon termination of its
license unless the Division authorizes their disposition at an earlier date.
3. A record which is required to be kept may
be maintained in the form of the original, or a reproduced copy or on microfilm
if the reproduced copy or microfilm is capable of producing a copy that is
clear and legible at the end of the required period of retention.
4. If different periods of retention are
specified for the same type of record in this regulation, a condition of the
license or an order of the Division, the longest period specified takes
precedence.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 1-18-94)
NAC 459.820 Renewal of license. (NRS
459.201)
1. An application for the renewal of a
license must be filed at least 90 days before the date of its expiration and be
in accordance with the provisions of NAC
459.8065 and 459.8075 to 459.8095, inclusive.
2. Information contained in applications,
reports or other documents previously filed with the Division under the license
may be incorporated by reference if the reference is clear and specific.
3. If a licensee has filed a complete
application for renewal of a license, the license does not expire until the
Division has taken final action on the application for renewal.
4. In determining whether a license will be
renewed, the Division will apply the criteria set forth in NAC 459.814.
5. The date of expiration on a license or
the denial of an application to renew a license applies only to the licensee’s
activities above the ground at the disposal area and authority to dispose of
waste. Failure to renew a license does not relieve the licensee of responsibility
for carrying out the plan for closure of the disposal area including inspection
of the area and detection of radiation after closure, and transfer of the
license to the governmental agency which owns the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8205 Application to amend license for closure. (NRS 459.201)
1. A licensee who desires to close a
disposal area or is directed to do so by the Division shall submit an
application to amend the license for closure. An application for closure must
be filed at least 90 days before the date proposed for closure.
2. The application for closure must include
a final revision and specific details of the plan for closure of the disposal
area which was a part of the application for a license. The final revision of
the plan for closure must include:
(a) Any additional geologic, hydrologic or other
data concerning the disposal area which is pertinent to the long-term containment
of wastes emplaced during the operation of the disposal area;
(b) The results of tests or any other analyses
relating to back-filling of excavated areas, closure and sealing, migration of
waste and interaction with emplaced media, and any other tests or analysis
pertinent to the long-term containment of emplaced waste within the disposal
area;
(c) Any proposed revision of plans for:
(1) Decontamination or dismantling of
facilities above the ground;
(2) Backfilling of excavated areas; or
(3) Stabilization of the disposal area for
care after closure; and
(d) Any significant new information regarding the
environmental effect of the activities of closure and the long-term performance
of the disposal area.
3. Upon review and consideration of an
application to amend the license for closure, the Division will amend the
license to authorize closure if there is a reasonable assurance that the
long-term objectives after closure will be met.
4. Information contained in applications,
reports or other documents previously filed with the Division may be
incorporated by reference in the application for closure if the reference is
clear and specific.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.821 Responsibility of licensee after authorization to close disposal
area. (NRS 459.201) After receiving
authorization from the Division to close the disposal area, the licensee shall
continue the program for detection of radiation and inspect and carry out
necessary maintenance and repairs at the disposal area until closure of the
disposal area is complete and the license is transferred by the Division to the
governmental agency which owns the disposal area. Responsibility for the disposal
area must remain with the licensee for at least 5 years before the transfer of
the license, unless a shorter or longer period for observation and maintenance
after closure is established and approved by the Division as a part of the
closure plan, based on conditions peculiar to the disposal area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8215 Transfer of license to governmental agency after closure. (NRS 459.201) Following closure and the
period of observation and maintenance after closure, the licensee may apply for
an amendment to transfer the license to the governmental agency which owns the
disposal area. The license will be transferred when the Division finds that:
1. The closure of the disposal area has been
completed in conformance with the licensee’s plan for closure as revised and
approved by the Division;
2. Reasonable assurance has been provided by
the licensee that the requirements for control of radiation have been met;
3. Any money and records necessary for care
have been transferred to the owner of the disposal area;
4. The program for detecting radiation after
closure is operational and may be carried out by the owner of the disposal
area; and
5. The federal or state agency which will
assume responsibility for control of the disposal area is prepared to do so and
will meet the requirements for control in subsection 5 of NAC 459.814.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.822 Program to control access to area after transfer of control. (NRS 459.201) The governmental agency to
whom the land is transferred by the licensee shall carry out a program to
control physical access to the disposal area following transfer of control of
the disposal area. The program of control must also include carrying out a
program for detecting radiation at the disposal area, periodic inspections,
minor custodial care, other requirements determined by the Division and
administration of the money to cover the costs for these activities. The period
of control will be determined by the Division, but controls may not be relied
upon for more than 100 years after transfer of control of the disposal area to
the owner.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8225 Amendment to terminate license. (NRS
459.201)
1. After any period of control by a
governmental agency which is necessary to meet the requirements under NAC 459.814, the agency which holds the
license may apply for an amendment to terminate the license. The license will
be terminated if the Division finds that:
(a) The requirements for control under subsection 5
of NAC 459.814 have been met; and
(b) Any additional requirements resulting from new
information developed during the period of control have been met and permanent
monuments or markers warning against intrusion have been installed.
2. At the time of termination of the
license, the agency must transfer copies of records of the location and the
quantity of radioactive wastes contained in the disposal area to the Governor,
governing body of the county in which the disposal area is located, governing
body of the nearest municipality, their respective planning commissions, if
any, and other state, local and federal governmental agencies designated by the
Division at the time of termination of the license.
(Added to NAC by Bd. of Health, eff. 4-27-84)
Transportation of Radioactive Waste
NAC 459.8231 Requirements for shipping manifest; exceptions. (NRS 459.030, 459.201)
1. A waste generator, waste collector or
waste processor who transports or offers for transportation low-level
radioactive waste intended for ultimate disposal at a licensed land disposal
facility for low-level radioactive waste must, except as otherwise provided in
subsection 2, prepare a manifest that includes the information requested on NRC
Forms 540, 540A, 541 and 542, as applicable. NRC Forms 540 and 540A must be
completed by the waste generator, waste collector or waste processor and must
accompany the shipment. Upon agreement between the waste generator, waste collector
or waste processor and the consignee, NRC Forms 541, 541A, 542 and 542A may be
completed, transmitted and stored in electronic media with the capability of
producing legible, accurate and complete records of the forms in the format of
a uniform manifest.
2. A licensee is not required to comply with
subsection 1 if the licensee ships:
(a) Low-level waste for processing and expects
return of the waste before it is disposed of at a licensed land disposal
facility;
(b) Low-level waste that is being returned to the
licensee who is the generator; or
(c) Material that is contaminated with
radioactivity to a waste processor and the waste becomes the residual waste of
the waste processor.
3. A licensee who ships the radioactive
waste shall provide the following information on the uniform manifest for each
disposal container in the shipment:
(a) The name, address and telephone number of the
licensee shipping the waste;
(b) A declaration of whether the licensee is acting
as a waste generator, waste collector, waste processor or any combination
thereof for the shipment;
(c) The name, address, telephone number and
Environmental Protection Agency identification number of the carrier
transporting the waste;
(d) The date of the shipment;
(e) The total number of packages and containers;
(f) The total volume and weight of the shipment;
(g) The total radionuclide activity in the
shipment;
(h) The identity and activity of each of the
radionuclides contained in the shipment, including, without limitation, the
activity of any H-3, C-14, Tc-99 and I-129 contained in the shipment;
(i) The total masses of U-233, U-235 and plutonium
in the material shipped, including in any special nuclear material;
(j) The total mass of uranium and thorium in the
material shipped, including in any source material;
(k) The alphabetic or numeric identification that
uniquely identifies each disposal container in the shipment;
(l) A physical description of the disposal
container, including, without limitation, the name of the manufacturer and
model of any high integrity container;
(m) The volume displaced by the disposal container;
(n) The gross weight of the disposal container and
the waste contained therein;
(o) For waste consigned to a disposal facility, the
maximum radiation level at the surface of each disposal container;
(p) A physical and chemical description of the
waste;
(q) The total percentage by weight of the chelating
agent for any waste containing more than 0.1 percent by weight of a chelating
agent and the name of the principal chelating agent;
(r) The approximate volume of waste within the
container;
(s) The sorbing media or solidification media, if
any, and the identity of the vendor and name of the brand of any solidification
media;
(t) For discrete waste types, including, without
limitation, activated materials, contaminated equipment, mechanical filters,
sealed sources and devices and wastes in solidification media or stabilization
media, the identities and activities of individual radionuclides associated with
or contained in the waste types;
(u) The total radioactivity within each container;
(v) For waste that is consigned to a disposal
facility, the classification of the waste as set forth in NAC 459.8265; and
(w) The name of any waste that does not meet the
structural stability requirements as set forth in NAC 459.8305.
4. A licensee who ships radioactive waste
that is delivered without a disposal container must provide the following
information on the manifest:
(a) The approximate volume and weight of the waste;
(b) A physical and chemical description of the
waste;
(c) The total percentage by weight of the chelating
agent for any waste containing more than 0.1 percent by weight of a chelating
agent and the name of the principal chelating agent;
(d) For waste that is consigned to a disposal
facility:
(1) The classification of the waste as set
forth in NAC 459.8265; and
(2) The maximum radiation levels at the
surface of the waste;
(e) The name of any waste that does not meet the
structural stability requirements as set forth in NAC 459.8305; and
(f) The identities and activities of individual
radionuclides contained in the waste, the masses of U-233, U-235 and plutonium
in the special nuclear material and the masses of uranium and thorium in the
source material.
5. A licensee who ships disposal containers
of mixtures of waste originating from different waste generators or mixtures of
waste shipped without a container for which portions of the mixture within the
shipment originate from different waste generators shall provide the following
information on the manifest:
(a) For homogeneous mixtures of waste, including,
without limitation, ash from an incinerator, the waste description applicable
to the mixture and the volume of the waste attributed to each waste generator.
(b) For heterogeneous mixtures of waste, including,
without limitation, the combined products from a large compactor, the
identification of each waste generator contributing waste to the disposal
container.
(c) For discrete waste types, including, without
limitation, activated materials, contaminated equipment, mechanical filters,
sealed sources and devices, and wastes in solidification media or stabilization
media, the identities and activities of individual radionuclides contained in
the waste types.
(d) For each waste generator:
(1) The volume of waste within the disposal
container;
(2) A physical and chemical description of the
waste, including, without limitation, the solidification media, if any;
(3) The total percentage by weight of the
chelating agent for any disposal container containing more than 0.1 percent by
weight of a chelating agent and the name of the principal chelating agent;
(4) The sorbing media or solidification media,
if any, and the identity of the vendor and name of the brand of any
solidification media if the media is claimed to meet stability requirements as
set forth in NAC 459.8305; and
(5) The identities and activities of any
radionuclides contained in the waste, the masses of U-233, U-235 and plutonium
in special nuclear material and the masses of uranium and thorium in source
material in the waste.
6. A licensee who ships radioactive waste
shall ensure that an authorized representative certifies, by signing and dating
the shipment manifest, that the materials are properly classified, described,
packaged, marked and labeled, and are in proper condition for transportation
according to the applicable regulations of the United States Department of
Transportation and the Division. By signing the certification, a waste
collector certifies that the collected waste has not been tampered with in any
manner that would invalidate the certification of the authorized representative
of the licensee.
7. A licensee who ships radioactive waste
shall provide on the required Environmental Protection Agency forms any
information regarding hazardous, medical or other waste that is required to
comply with Environmental Protection Agency regulations, as codified in 40
C.F.R. Parts 260, 261 and 263, as those provisions existed on January 26, 1999.
The required Environmental Protection Agency forms must accompany the uniform
manifest required by this section.
8. Copies of the manifests required by this
section may be legible carbon copies, photocopies or computer printouts that
reproduce the data in the format of the uniform manifest. NRC Forms 540, 540A,
541, 541A, 542 and 542A and their instructions may be obtained at no charge by
mail from the Information and Records Management Branch, Office of the Chief
Information Officer, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555-0001, or by toll-free telephone at (800) 397-4209, or at the Internet
address https://www.nrc.gov/reading-rm/doc-collections/forms/.
9. As used in this section:
(a) “EPA identification number” means the number
received pursuant to 40 C.F.R. Part 263, as those provisions existed on January
26, 1999.
(b) “High integrity container” means a container
used to meet the structural stability requirements of NAC 459.830 and the United States
Department of Transportation requirements for shipping a package that contains
a type A quantity of radioactive waste.
(c) “Waste description” means the physical,
chemical and radiological description of the waste that is required on NRC Form
541.
(Added to NAC by Bd. of
Health by R084-98, eff. 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003;
A by Bd. of Health, R021-18, 12-30-2019)
NAC 459.8235 Procedure for transfer to land disposal facility, licensed waste
collector or licensed waste processor. (NRS
459.030, 459.201)
1. Any licensee who transfers radioactive
waste to a land disposal facility or to a licensed waste collector shall comply
with all the requirements of this section. Any licensee who transfers waste to
a licensed waste processor for processing, treatment or repackaging shall
comply with the requirements of paragraphs (d) to (i), inclusive, of subsection
2.
2. A licensee shall:
(a) Prepare all wastes so that they are in
compliance with the permitted classes of waste set forth in NAC 459.8265 and 459.830 and meet the requirements for
stability set forth in NAC 459.8305;
(b) Label each disposal container or transport
package to identify whether it contains Class A, Class B or Class C waste, as
set forth in NAC 459.8265 and 459.827;
(c) Conduct a program of inspection, including
managerial evaluation of audits, to ensure that the wastes conform to permitted
classes and the requirements for physical form and packaging;
(d) Prepare the NRC uniform low-level radioactive
waste manifest that contains the required information and certifications;
(e) Forward or electronically transfer a copy of
the NRC uniform low-level radioactive waste manifest to the intended consignee
so that the receipt of the manifest precedes the shipment or so that the
manifest is delivered to the consignee with the waste at the time the waste is
transferred to the consignee;
(f) Include NRC Form 540 or NRC Form 540A, as
applicable, with the shipment;
(g) Receive acknowledgment of the receipt of the
shipment in the form of a signed copy of NRC Form 540;
(h) Retain or electronically store a copy of the
uniform low-level radioactive waste manifest and documentation of the
acknowledgment of receipt as the required record of transfer of the licensed
material; and
(i) For a shipment or part of a shipment for which
an acknowledgment of its receipt has not been received within 20 days after the
shipping date, conduct the investigation required pursuant to NAC 459.8255.
(Added to NAC by Bd. of Health, eff. 4-27-84; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.824 Duties of waste collector who collects and handles only
prepackaged waste. (NRS
459.030, 459.201) A waste collector who
collects and handles only prepackaged waste shall:
1. Acknowledge receipt of the waste from the
shipper by returning a signed copy of NRC Form 540 within 1 week after
receiving the waste.
2. Prepare a new shipping manifest to
reflect consolidated shipments that meets the requirements of NAC 459.8231. The waste collector shall
ensure that for each container of waste in the shipment NRC Form 540 identifies
the generator of that container of waste.
3. Comply with the provisions of paragraphs
(e) to (i), inclusive, of subsection 2 of NAC
459.8235.
4. Notify the shipper and Division when any
shipment or part of a shipment has not arrived within 60 days after receipt of
an advanced manifest unless the waste collector is notified by the shipper that
the shipment has been cancelled.
(Added to NAC by Bd. of Health, eff. 4-27-84; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.8245 Duties of waste processor who processes, treats or repackages
waste. (NRS
459.030, 459.201) A waste processor who
processes, treats or repackages wastes shall:
1. Acknowledge receipt of the waste from the
shipper by returning a signed copy of NRC Form 540 within 1 week after receipt
of the waste.
2. Prepare a new shipping manifest which
contains the required information and certificate, the preparation of which is
acknowledgment that the waste processor is responsible for the waste. For each
container of waste in the shipment, the manifest must set forth the waste
generator, the volume of preprocessed waste and any other information required
pursuant to NAC 459.8231.
3. Prepare all wastes so that the waste is
classified according to NAC 459.8265
and meets the requirements of NAC 459.830
and 459.8305.
4. Label each package of waste to identify
whether it is Class A, Class B or Class C waste in accordance with NAC 459.8265.
5. Conduct a program of inspection,
including a managerial evaluation of audits, to ensure that the waste conforms
to permitted classes and the requirements for physical form and packaging.
6. Forward or electronically transfer a copy
of the uniform low-level radioactive waste manifest to the consignee so that
the manifest is received before or at the same time the shipment is delivered
to the consignee.
7. Include NRC Form 540 or Form 540A, as
applicable, with the shipment.
8. Receive acknowledgment of the receipt of
the shipment in the form of a signed copy of NRC Form 540.
9. Retain or electronically store a copy of
the uniform low-level radioactive waste manifest and documentation of
acknowledgment of receipt as the required record of transfer of licensed
material.
10. For any shipment or part of a shipment
for which an acknowledgment of its receipt has not been received within 20 days
after the shipping date, conduct the investigation required by NAC 459.8255.
11. Notify the shipper and Division when any
shipment or part of a shipment has not arrived within 60 days after receipt of
an advanced manifest, unless the waste processor is notified by the shipper
that the shipment has been cancelled.
(Added to NAC by Bd. of Health, eff. 4-27-84; A by R084-98,
1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)
NAC 459.825 Labels identifying classification of waste. (NRS 459.201) A generator of waste or
broker who processes, treats or repackages waste must affix a label to each
package of waste before shipment to identify it as containing Class A, Class B
or Class C waste.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8255 Investigation and report if receipt not acknowledged. (NRS 459.201) Any shipment or part of a
shipment of waste which is delivered by a shipper to an authorized recipient
and for which acknowledgment of its receipt is not returned within 20 days
after the shipping date must be:
1. Investigated by the shipper, including
tracing of the shipment; and
2. Reported by the shipper to the Division
when the investigation is begun, and reported in writing to the Division within
2 weeks after completion of the investigation.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.826 Duties of operator of land disposal facility. (NRS 459.201) An operator of a land
disposal facility shall:
1. Acknowledge receipt of the waste within 1
week after its receipt by returning a signed copy of NRC Form 540 to the
shipper. The shipper to be notified is the licensee who last possessed the
waste and transferred the waste to the operator. The returned copy or
electronic copy of NRC Form 540 must indicate any discrepancies between
materials listed on NRC Form 540 and materials received.
2. Maintain copies of all completed
manifests and electronically store the information required pursuant to NAC 459.8165 until the Division authorizes
their disposition.
3. Notify the shipper and the Division when
any shipment or part of a shipment has not arrived within 60 days after receipt
of an advance manifest, unless the operator of the land disposal facility is
notified by the shipper that the shipment has been cancelled.
4. Notify the Division within 5 days after
receipt of a shipment of any discrepancies between the materials listed on NRC
Form 540 and the materials received.
(Added to NAC by Bd. of Health, eff. 4-27-84; A by R084-98,
1-26-99)
Classification of Radioactive Waste
NAC 459.8265 Characteristics of each class. (NRS
459.201) Radioactive
waste is classified according to its concentration of radionuclides and the
following characteristics:
1. Class A waste is waste that meets the
minimum requirements for packaging. Class A waste must be segregated from other
classes of waste unless it meets the requirements for stability, in which case
it does not have to be segregated.
2. Class B waste is waste that meets more
rigorous requirements on form to ensure stability after disposal. Class B waste
must meet the minimum requirements for physical form and packaging and for
stability.
3. Class C waste is waste that not only
meets more rigorous requirements on form to ensure stability but also requires
additional measures at the disposal area to protect against inadvertent
intrusion. Class C waste must meet the minimum requirements for physical form
and packaging and for stability.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.827 Waste containing long-lived radionuclides. (NRS 459.201) If the radioactive waste
contains only the long-lived radionuclides listed in Table 1, classification
must be determined as follows:
TABLE 1
|
Radionuclide
|
Concentration
in
curies/cubic
meter
|
|
|
|
|
C-14
|
8
|
|
C-14 in
activated metal
|
80
|
|
Ni-59 in
activated metal
|
220
|
|
Nb-94 in
activated metal
|
0.2
|
|
Tc-99
|
3
|
|
I-129
|
0.08
|
|
Alpha emitting
transuranic radionuclides
with half-life
greater than 5 years
|
100*
|
|
Pu-241
|
3,500*
|
|
Cm-242
|
20,000*
|
|
* Units are
nanocuries per gram
|
|
1. If the concentration does not exceed 0.1
times the value in Table 1, the waste is Class A;
2. If the concentration exceeds 0.1 times
the value in Table 1, the waste is Class C; and
3. If the concentration exceeds the value in
Table 1, the waste is not acceptable for burial at any state-owned disposal
area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8275 Waste containing short-lived radionuclides. (NRS 459.201)
1. If the radioactive waste does not contain
any of the long-lived radionuclides listed in Table 1, classification must be
determined based on the concentrations of short-lived radionuclides listed in
Table 2. If a radionuclide is not listed in Table 2, it does not need to be
considered in determining the class of the waste.
|
TABLE
2
|
|
|
|
|
Concentration
in curies/cubic meter
|
|
Radionuclide
|
Column
1
|
Column
2
|
Column
3
|
|
|
|
|
|
|
Total of all
radionuclides with
less than 5-year
half-life
|
|
|
|
|
700
|
**
|
**
|
|
H-3
|
40
|
**
|
**
|
|
Co-60
|
700
|
**
|
**
|
|
Ni-63
|
3.5
|
70
|
700
|
|
Ni-63 in
activated metal
|
35
|
700
|
7000
|
|
Sr-90
|
0.04
|
150
|
7000
|
|
Cs-137
|
1
|
44
|
4600
|
** There are no limits established
for these radionuclides in Class B or C wastes. Practical considerations such
as the effects of external radiation and the internal generation of heat on the
transportation, handling and disposal of the waste will limit the
concentrations for these wastes. These wastes are Class B unless the
concentrations of other radionuclides in Table 2 result in the waste being
Class C independently of these radionuclides.
2. If the concentration does not exceed the
value in Column 1, the waste is Class A.
3. If the concentration exceeds the value in
Column 1, but does not exceed the value in Column 2, the waste is Class B.
4. If the concentration exceeds the value in
Column 2, but does not exceed the value in Column 3, the waste is Class C.
5. If the concentration exceeds the value in
Column 3, the waste is not acceptable for burial at a state-owned disposal
area.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.828 Waste containing mixture of long-lived and short-lived
radionuclides. (NRS
459.201) If
the radioactive waste contains a mixture of long-lived and short-lived
radionuclides, some of which are listed in Table 1 and some of which are listed
in Table 2, classification must be determined as follows:
1. If the concentration of a radionuclide
listed in Table 1 is less than 0.1 times the value listed in Table 1, the class
must be determined by the concentration of radionuclides listed in Table 2; and
2. If the concentration of a radionuclide
listed in Table 1 exceeds 0.1 times the value listed in Table 1, the waste is
Class C if the concentration of radionuclides listed in Table 2 does not exceed
the value shown in Column 3 of Table 2.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8285 Absence of listed radionuclides.
(NRS
459.201) If
the radioactive waste does not contain any of the radionuclides listed in
Tables 1 and 2, it is Class A.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.829 Waste containing mixture of radionuclides: Computation of
classification. (NRS
459.201) If
the waste contains a mixture of radionuclides, the classification must be
determined by dividing each nuclide’s concentration by its limit in the appropriate
table and adding the resulting quotients. In computing this sum, all limits
must all be taken from the same column of the same table. The sum of the
fractions for the column must be less than 1.0 if the class of the waste is to
be determined by that column. For example, a package of waste contains Sr-90 in
a concentration of 50 Ci/m3 and Cs-137 in a concentration of 22 Ci/m3.
Since the concentration of one of the nuclides exceeds the value in Column 1 of
Table 2, they must be compared to the values in Column 2. The computations of
the fractions are: for Sr-90, 50/150 = 0.33; for Cs-137, 22/44 = 0.5. The sum
of the fractions is: 0.33 + 0.5 = 0.83. Since the sum is less than 1.0, the
waste is Class B.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.8295 Determination of concentration of radionuclide. (NRS 459.201)
1. The concentration of a radionuclide may
be determined by an indirect method such as the use of a scaling factor which
relates the inferred concentration of one radionuclide to the concentration of
another that is measured, or by radionuclide material accountability, if there
is a reasonable assurance that the indirect method can be correlated with
actual measurements.
2. The concentration of a radionuclide may
be averaged over the volume of the waste, or over the weight of the waste if
the concentration is expressed as nanocuries per gram.
(Added to NAC by Bd. of Health, eff. 4-27-84)
NAC 459.830 Requirements for physical form and packaging for all classes. (NRS 459.201)
1. The minimum requirements for physical
form and packaging for all classes of waste are as follows:
(a) Radioactive wastes must be packaged in
conformance with the conditions of the license issued to the operator of the
disposal area to which the waste will be shipped, and if the conditions in the
license for disposal are more restrictive than the provisions of NAC 459.8231 to 459.8305, inclusive, the conditions in the
license must govern;
(b) Wastes must not be packaged for disposal in
cardboard or fiberboard boxes;
(c) Liquid waste must be packaged in absorbent
material sufficient to absorb twice the volume of the liquid;
(d) Solid waste containing a liquid must contain as
little free standing, noncorrosive liquid as is reasonably achievable, but in
no case may the amount of the liquid exceed 1 percent of the volume;
(e) Waste must not be readily capable of detonation
or of explosive decomposition or reaction at normal pressures and temperatures
or capable of explosive reaction with water;
(f) Waste must not contain or be capable of
generating quantities of toxic gases, vapors or fumes which are harmful to
persons transporting, handling or disposing of the waste, except for
radioactive gaseous waste which is packaged in accordance with the provisions
of paragraph (h);
(g) Waste must not be pyrophoric unless the
pyrophoric materials contained in the waste are treated, prepared and packaged
to be nonflammable;
(h) Waste in a gaseous form must be packaged at a
pressure that does not exceed 1.5 atmospheres at 20 degrees C and an amount of
activity that does not exceed 100 curies per container;
(i) Waste containing hazardous, biological,
pathogenic or infectious material must be treated to reduce to the maximum
extent practicable the potential hazard from the nonradiological materials; and
(j) Waste containing radium-226 must be in the form
of a sealed source and packaged in a specification 2 R inside containment
vessel or its equivalent before it can be accepted for disposal at the
state-owned disposal area.
2. As used in this section, “pyrophoric”
means capable of spontaneous ignition and includes any:
(a) Liquid that ignites spontaneously in dry or
moist air at or below 130 degrees F (54.5 degrees C).
(b) Solid material, other than one classed as an
explosive, which under normal conditions may cause a fire through friction or
heat retained from manufacturing or processing, or which can be readily ignited
and when ignited burns so vigorously and persistently as to create a serious
hazard to persons or property while being transported, handled or disposed of.
Pyrophoric solid materials include spontaneously combustible and water-reactive
materials.
(Added to NAC by Bd. of Health, eff. 4-27-84; A 6-23-86;
R084-98, 1-26-99)
NAC 459.8305 Minimum requirements for stability of wastes. (NRS 459.201) The minimum requirements
for the stability of wastes are as follows:
1. Waste must have structural stability and
generally maintain its physical dimensions and its form under the expected
conditions of disposal and its internal factors such as the effects of
radiation and chemical changes. Structural stability may be provided by the
form of the waste, the processing of the waste to a stable form or by placing
the waste in a container for disposal or other structure that provides
stability after disposal.
2. Liquid wastes or waste containing liquid
must be converted into a form that contains as little free standing and
noncorrosive liquid as is reasonably achievable, but in no case may the liquid
exceed 1 percent of the volume of the waste if the waste is in a container for
disposal which is designed to ensure stability, or 0.5 percent of the volume of
the waste if the waste is processed to a stable form.
3. Any space within the waste or between the
waste and its package must be reduced to the extent practicable.
(Added to NAC by Bd. of Health, eff. 4-27-84)
Disposal of Waste in State-Owned Area
NAC 459.850 Definitions. (NRS
459.201) As
used in NAC 459.850 to 459.950, inclusive, unless the context
otherwise requires:
1. “Authorized inspector” means the Division
or a third party designated by the Division to inspect the program of an
applicant or licensee for packaging and transporting low-level radioactive
waste.
2. “Broker” means any person other than a
common or contract carrier who collects or receives radioactive waste from a
producer of radioactive waste and who charges for the service of disposing of
the waste at the state-owned disposal area or who takes responsibility for
packaging radioactive waste or labeling containers in conformance with
applicable regulations as a service to the producer of the waste.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
1.1-1.3, eff. 8-21-81]—(NAC A 4-24-86; 6-23-86)
NAC 459.860 Severability. (NRS
459.201) If
any of the provisions of NAC 459.850 to 459.950, inclusive, or any application
thereof to any person, thing, or circumstance is held invalid, it is intended
that such invalidity not affect the remaining provisions, or their application,
that can be given effect without the invalid provision or application.
[Bd. of Health, Disposal of Radioactive Waste Reg. §
8.1, eff. 8-21-81]
NAC 459.865 License required; effect of license. (NRS 459.201)
1. Any shipper or producer of radioactive
waste or any broker receiving such waste from another person for the purpose of
disposal who desires to dispose of that waste at the state-owned disposal area
near Beatty, Nevada, must obtain a license from the Division before shipping
the waste to the disposal area.
2. The issuance of a license pursuant to NAC 459.850 to 459.950, inclusive, is merely evidence of a
revocable privilege and does not expressly or impliedly create a property right
or interest in the license.
[Bd. of Health, Disposal of Radioactive Waste Reg. §
2.1, eff. 8-21-81]
NAC 459.870 Application for license. (NRS
459.201) To
obtain a license, a person must:
1. Submit a written application to the
Division on a form furnished by the Division, and provide the information
requested on the form and any other information requested by the Division.
2. Permit an audit and inspection of his or
her program for radioactive waste to be conducted by an authorized inspector at
the site where the waste is generated or a broker holds it awaiting shipment,
unless the applicant has a record of satisfactory compliance with the
regulations of the United States Department of Transportation, as determined by
the Division.
3. Agree to allow unannounced inspections of
the site by an authorized inspector, unless the applicant has a record of
satisfactory compliance with the regulations of the United States Department of
Transportation, as determined by the Division.
4. Enter into an agreement with the State of
Nevada to hold it and the Division harmless from any loss or expense which may
arise from liability or consequential damage caused by the licensee’s shipment
of radioactive waste from its place of origin to the state-owned disposal area.
The Division may waive this requirement if the licensee is not permitted by
state or federal law to enter into such an agreement.
5. Agree to comply with all federal and
state regulations relating to the transportation and packaging of radioactive
waste and the conditions of the license issued to the operator of the
state-owned disposal area.
6. Pay in advance the fee established for
the license.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
2.2-2.2.7, eff. 8-21-81]—(NAC A 6-23-86)
NAC 459.875 Audit and inspection prerequisite to licensing. (NRS 459.201) To obtain qualification of
his or her program for packaging radioactive waste, an applicant for a license
must submit to the authorized inspector a request to have an audit and
inspection of the program. No license may be issued until an audit and
inspection has been completed.
[Bd. of Health, Disposal of Radioactive Waste Reg. §
2.6, eff. 8-21-81]
NAC 459.885 Suspension or revocation of license. (NRS 459.201)
1. If any licensee ships radioactive waste
to the state-owned disposal area in violation of NAC 459.910, the Division may suspend his
or her license for up to 1 year:
(a) After giving the licensee prior notice; and
(b) After a representative of the Division has
conducted an inspection of the licensee’s radioactive waste at the disposal
area or an authorized inspector has conducted an inspection at the site of the
licensee’s program for packaging the radioactive waste.
2. During the period of such a suspension,
all radioactive waste packaged for shipment by the licensee must be inspected
by an authorized inspector before shipment of the waste to the state-owned
disposal area. If the licensee violates any provision of NAC 459.910 while his or her license is
suspended, an additional period of suspension may be added to the existing
period of suspension for each such violation.
3. The Division may, without giving prior
notice to the licensee and as an emergency measure, suspend his or her license
for a violation of NAC 459.850 to 459.950, inclusive, if it is determined by
an inspection that the violation created or may have created a potential hazard
to public health or safety.
4. During a period of suspension, the
licensee shall attach to the shipping document which accompanies each shipment
to the state-owned disposal area, an inspection report showing that an
inspection of the shipment has been completed by an authorized inspector.
5. The Division may suspend or revoke a
license if the licensee fails to pay a required fee within 30 days after the
date of billing.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
3.1-3.4, eff. 8-21-81]
NAC 459.890 Reinstatement of suspended license. (NRS 459.201)
1. The Division may reinstate a suspended
license before a period of suspension has ended if:
(a) The licensee’s packaging program for
radioactive waste and the qualifications of the personnel engaged in that
program have been reexamined by the authorized inspector;
(b) The program and qualifications are determined
by the Division to be adequate; and
(c) The licensee has paid any penalties which have
been imposed.
2. A licensee shall include with his or her
first shipment under a reinstated license a document which states that the
period of its suspension has ended.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
5.1-5.2, eff. 8-21-81]
NAC 459.900 Compliance with applicable federal and state laws. (NRS 459.201)
1. If any agency of the Federal Government
is subject to a federal statute or regulation which precludes its compliance
with any aspect of NAC 459.850 to 459.950, inclusive, the agency may enter
into separate arrangements with the Division for disposal of radioactive waste
in the state-owned disposal area if the agency gives assurances, satisfactory
to the Division, that its shipments of radioactive waste to the area will be in
compliance with all applicable provisions of federal law and the provisions of
state law concerning burial of the waste at the area.
2. Radioactive waste being shipped to the
state-owned disposal area must remain packaged in compliance with applicable
federal regulations and NAC 459.850 to 459.950, inclusive, until the waste is
received at the disposal area for burial. The radioactive waste must be in such
a physical condition and be so packaged that the operator of the disposal area
is able to dispose of the waste without violating any condition of his or her
license to operate the area.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
2.3 & 2.4, eff. 8-21-81]
NAC 459.910 Duties of licensee. (NRS
459.201) A
licensee:
1. Shall carry out his or her own written
program for ensuring the quality of the packaging of the radioactive waste and
radioactive material.
2. Shall package the radioactive waste and
radioactive material in accordance with:
(a) The regulations of the Secretary of
Transportation concerning the transportation of hazardous materials in 49
C.F.R. Parts 171 to 177, inclusive. The State Board of Health hereby
incorporates those regulations by reference. Those regulations are contained in
one volume of the Code of Federal Regulations and may be obtained by mail from
the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box
979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866)
512-1800, at a price of $75, or free of charge at the Internet address https://www.ecfr.gov/.
(b) The regulations of the Nuclear Regulatory
Commission concerning the packaging and transport of radioactive material which
are set forth in 10 C.F.R. Part 71 and which are adopted by reference pursuant
to NAC 459.1997.
3. May ship only solid radioactive waste to
the state-owned disposal area. Any liquid radioactive waste must, before
shipment, be solidified by a method, other than by using urea formaldehyde,
which will ensure that there will not be any liquid in the shipping containers
upon their arrival at the disposal area.
4. Shall not ship solid waste contaminated
with radium-226 to the state-owned disposal area.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
2.5-2.5.3.1, eff. 8-21-81]—(NAC A 4-27-84; 6-23-86; 9-6-88; R144-13, 10-13-2016;
R021-18, 12-30-2019)
NAC 459.920 Additional inspections. (NRS
459.201) During
each year a licensee shall allow at least four unannounced inspections of the
site of his or her program for packaging radioactive waste, in addition to any
inspections which may be required as a result of his or her noncompliance with NAC 459.850 to 459.950, inclusive.
[Bd. of Health, Disposal of Radioactive Waste Reg. §
4.1, eff. 8-21-81]
NAC 459.940 Fees. (NRS
459.201, 459.211)
1. A person who holds a license to use the
state-owned disposal area may be assessed a fee on a prorated basis for the
remaining effective period of a license.
2. The Division may suspend or revoke the
license of the person who operates the state-owned area for disposal of
radioactive waste if he or she fails to pay the required fee within 30 days
after the date of billing.
3. Fees collected by the Division pursuant
to chapter 459 of NRS are not
refundable.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
6.1-6.3, eff. 8-21-81]
NAC 459.943 Burial at state-owned disposal area; restrictions. (NRS 459.201) An operator of a disposal
area shall bury at the state-owned disposal area not more than 200,000 cubic
feet of waste in any year and not more than a total of 1,400,000 cubic feet of
waste during the 7-year period beginning January 1, 1986, and ending December
31, 1992, unless written authorization to bury additional waste has been
obtained from the Division.
(Added to NAC by Bd. of Health, eff. 6-23-86)
NAC 459.945 Surcharge for waste generated in state not party to compact. (NRS 459.201, 459.211)
1. Any person who ships waste generated in a
state not a party to the Rocky Mountain Low-Level Radioactive Waste Compact to
the state-owned disposal area shall pay to the Division a surcharge as follows:
(a) From March 9, 1987, to December 31, 1987,
inclusive, $10 per cubic foot of waste.
(b) From January 1, 1988, to December 31, 1989,
inclusive, $20 per cubic foot of waste.
(c) From January 1, 1990, to December 31, 1992,
inclusive, $40 per cubic foot of waste.
2. The Division may impose a surcharge in an
amount not to exceed the maximum allowed by the Low-Level Radioactive Waste
Policy Amendments Acts of 1985, Public Law 99-240, as it existed on March 9,
1987.
3. The surcharges imposed by this section
must be received by the business office of the Division in Carson City, Nevada,
on or before the eighth calendar day of the month following the month in which
the waste was delivered to the disposal area.
4. The Division may initiate disciplinary
proceedings against a person who ships waste to the disposal area if the person
does not pay the surcharges required by subsections 1 and 2 in the manner
required by subsection 3. The administrative penalties may include the denial
of future access to the disposal area and the recovery of any attorney’s fees
or costs necessary to collect the surcharges.
(Added to NAC by Bd. of Health, eff. 4-24-86; A 3-9-87;
8-31-89)
NAC 459.947 Periodic determination of whether disposal charges are
reasonable. (NRS
459.201, 459.211)
1. The Division will, at least once every 2
years during the first calendar quarter of each even-numbered year, compare the
disposal charges for the burial of waste at all existing commercial waste
disposal areas in the United States.
2. If the disposal charges at the
state-owned disposal area do not exceed the average of the disposal charges of
the existing commercial waste disposal areas in the United States by more than
10 percent, the Division will:
(a) Find that the disposal charges for the
state-owned disposal site are reasonable; and
(b) Submit the results of the comparison of
disposal charges to the Rocky Mountain Low-Level Radioactive Waste Board for
review and approval, as may be required by law.
3. If the disposal charges at the
state-owned disposal area exceed the average of the disposal charges at the
existing commercial waste disposal areas in the United States by more than 10 percent,
the Division will:
(a) Conduct a public hearing to receive evidence
and testimony concerning the reasonableness of the disposal charges;
(b) Review the financial records of the operator of
the state-owned disposal area concerning the operation of the disposal area and
any of its related operations;
(c) Make a finding concerning the reasonableness of
the disposal charges based on the record of the public hearing;
(d) If the Division finds that the charges are not
reasonable, order the operator of the state-owned disposal area to reduce the
disposal charges so that they do not exceed by more than 10 percent the average
of the disposal charges of the existing commercial waste disposal areas in the
United States; and
(e) Submit a copy of the record of the public
hearing, the findings of the Division and any order issued by it to the Rocky
Mountain Low-Level Radioactive Waste Board for review and approval.
(Added to NAC by Bd. of Health, eff. 2-18-88)
NAC 459.948 Determination of whether proposed increase in disposal charges is
reasonable. (NRS
459.201, 459.211)
1. The operator of the state-owned disposal
area shall submit to the Division, in writing, any proposed increase in
disposal charges at least 45 days before the proposed increase becomes
effective.
2. The Division will determine whether the
proposed increase in disposal charges exceeds the average disposal charges of
the existing commercial waste disposal areas in the United States by more than
10 percent.
3. If the proposed increase exceeds the
average disposal charges at those existing disposal areas by more than 10
percent, the Division will follow the procedure prescribed in subsection 3 of NAC 459.947.
(Added to NAC by Bd. of Health, eff. 2-18-88)
PENALTIES
NAC 459.949 Administrative fine for failure to comply with regulation or
statute governing hazardous materials; procedure for imposition of fine;
recovery of actual damages; reduction of fine.
(NRS
459.201)
1. If an inspection, evaluation or
investigation reveals that a person is in violation of NAC 459.010 to 459.950, inclusive, or any provision of chapter 459 of NRS, the Division may issue
a notice of violation.
2. Except as otherwise provided in
subsection 4, the Division may impose an administrative fine as provided in
subsection 3 after sending the notice of violation to the violator by certified
mail or personal service. The notice of violation must include a reference to
the section of the statute, regulation, order or condition of a license
violated, a concise statement of the facts alleged to constitute the violation,
a statement of the amount of the administrative fine to be imposed and a
statement of the violator’s right to a hearing. The violator has 10 business
days after receipt of the notice within which to deliver to the Division a
written request for a hearing. After the hearing, if requested, and upon a
finding that a violation has occurred, the Administrator of the Division may
issue a final order and assess the amount of the fine. If no hearing is
requested, the notice becomes a final order upon the expiration of the 10-day
period. Payment of the penalty is due when a final order is issued or when the
notice becomes a final order. The authority to levy an administrative fine is
in addition to all other provisions for enforcement of NRS 459.010 to 459.290, inclusive, or NAC 459.010 to 459.950, inclusive, and the payment of the
administrative fine does not affect the availability of any other provision for
enforcement in connection with the violation for which the penalty is levied.
3. The Division may, after providing a
notice of violation as described in subsection 2, impose an administrative
fine:
(a) Except as otherwise provided in paragraphs (b),
(c) and (d), of not more than $2,000 per day for each violation of NAC 459.010 to 459.950, inclusive, or any provision of chapter 459 of NRS, or for a violation of
any regulation or order, or any term, condition, or limitation of any license
issued pursuant to those provisions.
(b) Of not more than $5,000 per day for each
violation of a provision described in paragraph (a) that the Division
determines is necessary to protect health and minimize danger to life or
property.
(c) In the amount of $500 for the failure to
satisfy the requirement of notifying the Division within the period specified
in paragraph (b) of subsection 1 of NAC
459.210.
(d) In an amount equal to the fee required for the
proposed activity if the person fails to receive written permission from the
Division, as required pursuant to paragraph (b) of subsection 1 of NAC 459.210, to proceed with the proposed
activity before engaging in the proposed activity.
4. Except in cases of willfulness or those
in which the public health, interest or safety requires otherwise, the Division
may not impose an administrative fine against a licensee or registrant pursuant
to this section unless prior to the institution of proceedings pursuant to this
section:
(a) The Division provides written notice to the
licensee or registrant of the facts or conduct which may warrant the imposition
of the administrative fine;
(b) The licensee or registrant has been given an
opportunity to demonstrate or achieve compliance with all lawful requirements;
and
(c) The licensee or registrant failed to achieve
compliance within 30 days after receipt of the written notice or a time period
prescribed by the Division as necessary to protect the public health, interest
or safety.
5. The Division may recover actual damages
which result from a violation, in addition to the administrative fine provided
in this section. The damages may include, without limitation, expenses incurred
by the Division in removing, correcting or terminating any adverse effects
which resulted from the violation and compensation for any damages incurred as
a result of the violation.
6. The Division may reduce the
administrative fine if there is evidence that the person has initiated, in good
faith, comprehensive corrective measures or training relating to radiation
safety and preparedness, over and above that required as a response to the
violation, valued at least 1.5 times the amount of the administrative fine
imposed.
(Added to NAC by Bd. of Health by R144-13, eff. 10-13-2016;
A by R021-18, 12-30-2019)
NAC 459.950 Administrative penalty for failure to comply with agreement,
license, regulation or statute governing operation of state-owned area for
disposal of waste. (NRS
459.201)
1. The administrative penalties in subsection
3 of NRS 459.221 are in addition
to suspension of a permit which may be imposed pursuant to that subsection.
2. The person licensed to operate the
state-owned area for disposal of radioactive waste may be assessed
administrative penalties by the Division of not more than $3,000 per day for
each separate failure to comply with an agreement, license, regulation or
statute governing the operation of the disposal area.
[Bd. of Health, Disposal of Radioactive Waste Reg. §§
7.1 & 7.2, eff. 8-21-81]
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
General Provisions
NAC 459.952 Definitions. (NRS
459.3818) As
used in NAC 459.952 to 459.95528, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.95211 to 459.95312, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Div. of Environmental Protec., eff. 7-10-92;
A by Environmental Comm’n by R121-98, 5-27-99; R041-01, 10-25-2001; R137-04, 2-15-2005;
R103-22, 12-29-2022)
NAC 459.95211 “Accidental release” defined. (NRS
459.3818)
1. “Accidental release” means:
(a) An unintentional discharge from a process of
any amount of a highly hazardous substance into the air, water or land,
including, without limitation, any unintentional discharges within a building
that encloses a process; or
(b) A fire or an explosion at a facility involving
a highly hazardous substance or explosive.
2. The term does not include emissions of
highly hazardous substances from piping component threaded connections, valve
and equipment packing, or malfunctioning pollution control devices unless such
an emission would qualify as a catastrophic release.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95213 “Active mitigation” defined. (NRS
459.3818) “Active
mitigation” means equipment, devices or technologies that work with human,
mechanical or other sources of energy, and function to contain or minimize the
consequences of an accidental release.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95215 “Administrative controls” defined. (NRS 459.3818) “Administrative controls” means
written procedural mechanisms that are used to control a hazard.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95225 “C.A.P.P.” defined. (NRS
459.3818) “C.A.P.P.”
means the Chemical Accident Prevention Program for the State of Nevada and
encompasses the provisions of NRS
459.380 to 459.3874,
inclusive, and NAC 459.952 to 459.95528, inclusive.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.9523 “C.A.S.” defined. (NRS
459.3818) “C.A.S.”
means the Chemical Abstracts Service.
(Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99)
NAC 459.95235 “Catastrophic release” defined. (NRS
459.3818) “Catastrophic
release” means an uncontrolled emission, fire or explosion involving one or
more highly hazardous substances or explosives that presents imminent and
substantial endangerment to the health of the employees, the public health or
the environment. The term includes events that occur within a building or other
structure that contains the substance or explosive.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95237 “Director” defined. (NRS
459.3818)
“Director” means the Director of the State Department of
Conservation and Natural Resources.
(Added to NAC by Environmental Comm’n by R103-22, eff.
12-29-2022)
NAC 459.9524 “Division” defined. (NRS
459.3818) “Division”
means the Division of Environmental Protection of the State Department of
Conservation and Natural Resources.
(Added to NAC by Div. of Environmental Protec., eff. 7-10-92)
NAC 459.95242 “Emergency response program” defined. (NRS 459.3818) “Emergency response
program” means the procedures and practices that are developed and implemented
pursuant to NAC 459.9544 and 459.95442.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95244 “Endpoint” defined. (NRS
459.3818) “Endpoint”
means the toxic concentration, ambient overpressure, radiant heat level or
lowest flammable gas concentration achieved at the outer geographical boundary
of the off-site consequence analysis.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95246 “Environmental receptor” defined. (NRS 459.3818) “Environmental receptor”
means:
1. A national or state park, forest or
monument;
2. An officially designated wildlife
sanctuary, preserve, refuge or area; or
3. A federal wilderness area,
Ê which can be
identified on a local map prepared by the United States Geological Survey and
which could be exposed to toxic concentrations, radiant heat or overpressure
greater than or equal to the endpoints set forth in NAC 459.95364 as a result of an
accidental release.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.952465 “Explosive” defined. (NRS
459.3818) “Explosive”
means a chemical classified as an explosive pursuant to subsections 2 and 3 of NAC 459.9533.
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005)
NAC 459.95247 “Explosives manufacturing operation” defined. (NRS 459.3818) “Explosives manufacturing
operation” means a process that involves the manufacture of explosives for sale
even if highly hazardous substances are also used in the explosives
manufacturing operation. The term includes the manufacture of devices
containing explosives and explosive storage sites that are incidental to the
manufacture of explosives for sale.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.95248 “Facility” defined. (NRS
459.3818) “Facility”
has the meaning ascribed to it in NRS
459.38075.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.9525 “Field gas” defined. (NRS
459.3818) “Field
gas” means gas that is extracted from a production well before the gas enters a
natural gas processing plant.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95251 “First responding fire station” defined. (NRS 459.3818) “First responding fire station”
means the local fire department station that typically responds to emergency
calls from a facility and is usually the station that is first on the scene
during an emergency.
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005)
NAC 459.95252 “Hazard assessment” defined. (NRS
459.3818) “Hazard
assessment” means an evaluation of the potential on-site and off-site
consequences of an accidental release that an owner or operator develops
pursuant to NAC 459.95364 to 459.95376, inclusive.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95253 “Hazardous materials response station” defined. (NRS 459.3818) “Hazardous materials
response station” means a local fire department station that is equipped and
trained to provide a hazardous materials response to a facility in accordance
with 29 C.F.R. § 1910.120(q).
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005)
NAC 459.95255 “Highly hazardous substance” defined. (NRS 459.3818) “Highly hazardous
substance” means a chemical listed in subsection 1 of NAC 459.9533, regardless of the amount or
quantity of the chemical present.
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005)
NAC 459.95256 “Hot work” defined. (NRS
459.3818) “Hot
work” means work involving electric or gas welding, cutting, brazing, or
similar flame-producing or spark-producing operations.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95259 “Local building official” defined. (NRS 459.3818) “Local building official”
means the governmental entity charged with the administration and enforcement
of local building codes.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001)
NAC 459.95263 “Medical treatment” defined. (NRS
459.3818) “Medical
treatment” means treatment, other than first aid, that is administered by a
physician or other personnel pursuant to standing orders from a physician.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95265 “Mitigation” and “mitigation system” defined. (NRS 459.3818) “Mitigation” or
“mitigation system” means activities, technologies or equipment specifically
designed or deployed to:
1. Capture or control a substance upon loss
of containment in order to minimize exposure of the employee, the public or the
environment; or
2. Minimize the impact of a fire or
explosion on the employee, the public or the environment.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95267 “N.A.I.C.S.” defined. (NRS
459.3818) “N.A.I.C.S.”
means the North American Industry Classification System.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95269 “Natural gas processing plant” defined. (NRS 459.3818) “Natural gas processing
plant” means a processing site that:
1. Is engaged in:
(a) The extraction of natural gas liquids from
field gas;
(b) The fractionation of mixed natural gas liquids
to natural gas products; or
(c) Both extraction and fractionation; and
2. Is classified as N.A.I.C.S. code 211112,
which is adopted by reference pursuant to NAC
459.95528.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.952695 “New process” defined. (NRS
459.3818) “New
process” means a process that has been, or will be, installed at a facility and
will be in operation for the first time at that location. The term includes,
without limitation, a new explosives manufacturing operation.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001)
NAC 459.95271 “N.F.P.A.” defined. (NRS
459.3818) “N.F.P.A.”
means the National Fire Protection Association.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95273 “Off-site” defined. (NRS
459.3818) “Off-site”
means an area:
1. Beyond the property boundary of the
facility; and
2. Within the property boundary to which the
public has routine and unrestricted access during or outside business hours.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95275 “Owner or operator” defined. (NRS
459.3818) “Owner
or operator” means any natural person, business or social organization or other
legal entity, including, without limitation, a corporation, partnership,
association, trust or unincorporated organization, who owns, leases, operates,
controls or supervises a facility that contains any process subject to C.A.P.P.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95277 “Passive mitigation” defined. (NRS
459.3818) “Passive
mitigation” means equipment, devices or technologies that work without human,
mechanical or other sources of energy, and function to contain or minimize the
consequences of an accidental release.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95279 “Prevention program” defined. (NRS
459.3818) “Prevention
program” means procedures and practices that are developed and implemented
pursuant to NAC 459.95412 to 459.95435, inclusive.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95281 “Process” defined. (NRS
459.3818) “Process”
means:
1. Any activity that involves a highly
hazardous substance or an explosive, including, without limitation, the use,
storage, manufacturing, handling or on-site movement, or any combination
thereof, of such a substance or explosive.
2. A group of vessels that are used in
connection with such activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner that a
highly hazardous substance or explosive could potentially be released,
including, without limitation, a release, fire or explosion in one vessel that
could cause a release, fire or explosion in another vessel.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95283 “Process hazard analysis” defined. (NRS 459.3818) “Process hazard analysis”
means the analysis performed pursuant to NAC
459.95414.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95285 “Produced water” defined. (NRS
459.3818) “Produced
water” means water that is:
1. Extracted from the earth from an oil or
natural gas production well; or
2. Separated from oil or natural gas after
extraction.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95289 “Public” defined. (NRS
459.3818) “Public”
means one or more natural persons other than employees or contractors of a
facility.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95291 “Public receptor” defined. (NRS
459.3818) “Public
receptor” means an off-site:
1. Residence;
2. Institution such as a school or hospital;
3. Industrial, commercial or office
building; or
4. Park or recreational area,
Ê that is
inhabited or occupied by the public without restriction by the facility, in
which the public could be exposed as a result of an accidental release to toxic
concentrations, radiant heat or overpressure.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
NAC 459.95292 “Replacement in kind” defined. (NRS
459.3818) “Replacement
in kind” means a replacement of equipment, instruments, procedures, raw
material and processing conditions that satisfy the design specifications.
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005)
NAC 459.95297 “Threshold quantity” defined. (NRS
459.3818) “Threshold
quantity” means the quantity of highly hazardous substance specified in
subsection 1 of NAC 459.9533.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95312 “Vessel” defined. (NRS
459.3818) “Vessel”
has the meaning ascribed to it in NRS
459.38125.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
Applicability of Program
NAC 459.95321 Determination by owner or operator. (NRS 459.3818, 459.3833) The
owner or operator shall, pursuant to NAC
459.95321, 459.95323 and 459.9533, determine for each process
within the boundary of his or her facility if the process is subject to
C.A.P.P.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95323 Criteria for determination. (NRS
459.3818, 459.3833)
1. Except as otherwise provided in NAC 459.95486, a process is subject to
C.A.P.P. if:
(a) The process is not exempted pursuant to NRS 459.3814 and the process
contains a highly hazardous substance in a quantity:
(1) Equal to or greater than the amount set
forth in subsection 1 of NAC 459.9533
under the column labeled “Threshold Quantity”; or
(2) Less than the amount set forth in
subsection 1 of NAC 459.9533 under the
column labeled “Threshold Quantity” if there are two or more releases of one or
more highly hazardous substances from the facility during a 12-month period and
the quantity for each release is in excess of the amount set forth in
subsection 1 of NAC 459.9533 for the
highly hazardous substance under the column labeled “Two Release Quantity”; or
(b) The process is an explosives manufacturing
operation.
2. The following highly hazardous substances
need not be considered when determining whether at least a threshold quantity
is present in a process for the purposes of subsection 1:
(a) A substance denoted as toxic if the
concentration of the substance in a mixture is less than 1 percent by weight of
the mixture. Except for oleum, toluene 2, 4-diisocyanate, toluene 2,
6-diisocyanate and toluene diisocyanate (unspecified isomer), if the
concentration of the toxic substance in the mixture is 1 percent or greater by
weight of the mixture and the owner or operator demonstrates in writing that
the partial pressure of the substance in the mixture under handling or storage
conditions in any portion of the process is less than 10 millimeters of
mercury, the amount of the substance in the mixture in that portion of the
process need not be considered when determining whether at least a threshold
quantity is present in the process. A toxic substance is designated as “T” in
the table in subsection 1 of NAC 459.9533
under the column labeled “Tox (T) or Flam (F).”
(b) Except as otherwise provided in paragraphs (c)
and (d), a substance denoted as flammable if the concentration of the substance
in a mixture is less than 1 percent by weight of the mixture or the
concentration of the flammable substance in the mixture is 1 percent or greater
by weight of the mixture and the owner or operator demonstrates in writing that
the mixture does not have a flammability hazard rating of “4” as described in N.F.P.A.
704: Standard System for the Identification of the Hazards of Materials for
Emergency Response, which is adopted by reference pursuant to NAC 459.95528. If the concentration of
the flammable substance in the mixture is 1 percent or greater by weight of the
mixture and the owner or operator does not demonstrate that the mixture does
not have a flammability hazard rating of “4,” the entire weight of the mixture
must be treated as the flammable substance to determine whether a threshold
quantity is present at the facility. The boiling and flash point must be
defined and determined pursuant to N.F.P.A. 30: Flammable and Combustible
Liquids Code, which is adopted by reference pursuant to NAC 459.95528. A flammable substance is
designated as “F” in the table in subsection 1 of NAC 459.9533 under the column labeled “Tox
(T) or Flam (F).”
(c) Gasoline if it is distributed or stored for use
as fuel for an internal combustion engine.
(d) A naturally occurring hydrocarbon mixture
before such a mixture has entered into a natural gas processing plant or a
petroleum refining process unit. A naturally occurring hydrocarbon mixture
includes any combination of condensate, crude oil, field gas and produced
water.
(e) A substance that is contained in an article.
(f) A substance when it is being used:
(1) As a structural component of the facility;
(2) With products for routine janitorial
maintenance;
(3) By employees in foods, drugs, cosmetics or
other personal items;
(4) In process water or noncontact cooling
water drawn from the environment or municipal sources; or
(5) In air as compressed air or as part of
combustion.
(g) A substance that is manufactured, processed or
used in a laboratory at a facility under the supervision of a technically
qualified individual as defined in 40 C.F.R. § 720.3(ee). This exemption does
not apply to:
(1) Specialty chemical production;
(2) The manufacturing, processing or use of a
highly hazardous substance in pilot plant scale operations; or
(3) Activities conducted outside of the
laboratory.
(h) Propane when used as a fuel or held for sale as
a fuel at a retail facility.
3. As used in this section:
(a) “Article” has the meaning ascribed to it in 29
C.F.R. § 1910.1200(c).
(b) “Crude oil” means a naturally occurring,
unrefined petroleum liquid.
(c) “Petroleum refining process” means a process
that:
(1) Is used in an establishment which is
primarily engaged in petroleum refining as defined in N.A.I.C.S. Code 32411,
which is adopted by reference pursuant to NAC
459.95528; and
(2) Is used to:
(I) Produce a transportation fuel such as
gasoline, diesel fuel or jet fuel;
(II) Produce a heating fuel such as
kerosene, fuel gas distillate or fuel oil;
(III) Produce a lubricant;
(IV) Separate petroleum; or
(V) Separate, crack, react or reform an
intermediate petroleum stream.
(d) “Retail facility” means a facility at which
more than one-half of the income is obtained from direct sales to end users or
at which more than one-half of the fuel sold, by volume, is sold through a
cylinder exchange program.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
Table of Substances
NAC 459.9533 Tabulated values for threshold quantity, two release quantity and
toxic endpoints; classification of substance as explosive. (NRS 459.3816, 459.3818,
459.3833)
1. The following table sets forth the list
of highly hazardous substances and the parameters associated with carrying out
C.A.P.P.:
|
Chemical Name
|
Alternate Chemical Name
|
Mixture Description
|
CAS Number
|
Threshold Quantity (lbs)
|
Two Release Quantity (lbs)
|
Two Release Source note 1
|
Tox (T) or Flam (F)
|
Toxic Endpoint (mg/L)
|
|
Acetaldehyde
|
Ethanal
|
|
75-07-0
|
2,500
|
1,000
|
1
|
F
|
|
|
Acetylene
|
Ethyne
|
|
74-86-2
|
10,000
|
1,000
|
3
|
F
|
|
|
Acrolein
|
2-Propenol
|
|
107-02-8
|
150
|
1
|
1 & 2
|
T
|
0.0011
|
|
Acrylonitrile
|
2-Propenenitrile
|
|
107-13-1
|
20,000
|
100
|
1 & 2
|
T
|
0.076
|
|
Acrylyl chloride
|
2-Propenoyl chloride
|
|
814-68-6
|
250
|
100
|
2
|
T
|
0.00090
|
|
Alkylaluminums
|
|
|
|
5,000
|
50*
|
3
|
|
|
|
Allyl alcohol
|
2-Propen-1-ol
|
|
107-18-6
|
15,000
|
100
|
1 & 2
|
T
|
0.036
|
|
Allyl chloride
|
3-chloropropene
|
|
107-05-1
|
1,000
|
100
|
3
|
T
|
0.1252
|
|
Allylamine
|
2-Propen-1-amine
|
|
107-11-9
|
1,000
|
500
|
2
|
T
|
0.0032
|
|
Ammonia
|
Anhydrous Ammonia
|
Anhydrous
|
7664-41-7
|
5,000
|
100
|
1 & 2
|
T
|
0.14
|
|
Ammonia
|
Ammonia solution
Ammonium hydroxide
|
20 wt% to 44 wt%
|
7664-41-7
|
20,000 note 2
|
1,000
|
1
|
T
|
0.14
|
|
Ammonia
|
Ammonia solution
Ammonium hydroxide
|
concentration greater than 44% ammonia by weight
|
7664-41-7
|
10,000 note 2
|
1,000
|
1
|
T
|
0.14
|
|
Ammonium perchlorate
|
|
|
7790-98-9
|
7,500
|
75*
|
3
|
|
|
|
Ammonium permanganate
|
|
|
7787-36-2
|
7,500
|
75*
|
3
|
|
|
|
Arsenous trichloride
|
|
|
7784-34-1
|
15,000
|
1
|
1 & 2
|
T
|
0.010
|
|
Arsine
|
Arsenic Hydride
|
|
7784-42-1
|
100
|
10
|
3
|
T
|
0.0019
|
|
bis(Chloromethyl) Ether
|
Chloromethyl Ether
|
|
542-88-1
|
100
|
10
|
1 & 2
|
T
|
0.00025
|
|
Boron trichloride
|
|
|
10294-34-5
|
2,500
|
100
|
3
|
T
|
0.010
|
|
Boron trifluoride
|
|
|
7637-07-2
|
250
|
25
|
3
|
T
|
0.028
|
|
Boron trifluoride w/Methyl Ether
|
|
1:1 ratio
|
353-42-4
|
15,000
|
1,000
|
2
|
T
|
0.023
|
|
Bromine
|
|
|
7726-95-6
|
1,500
|
500
|
2
|
T
|
0.0065
|
|
Bromine chloride
|
|
|
13863-41-7
|
1,500
|
10
|
3
|
T
|
0.00472
|
|
Bromine pentafluoride
|
|
|
7789-30-2
|
2,500
|
100
|
3
|
T
|
0.00715
|
|
Bromine trifluoride
|
|
|
7787-71-5
|
15,000
|
1000
|
3
|
T
|
0.0025
|
|
Bromotrifluor-ethylene
|
|
|
598-73-2
|
10,000
|
1,000
|
3
|
F
|
|
|
1,3-Butadiene
|
|
|
106-99-0
|
10,000
|
10
|
1
|
F
|
|
|
Butane
|
|
|
106-97-8
|
10,000
|
1,000
|
3
|
F
|
|
|
1-Butene
|
|
|
106-98-9
|
10,000
|
1,000
|
3
|
F
|
|
|
2-Butene
|
|
|
107-01-7
|
10,000
|
1,000
|
3
|
F
|
|
|
Butene
|
|
|
25167-67-3
|
10,000
|
1,000
|
3
|
F
|
|
|
2-Butene-cis
|
|
|
590-18-1
|
10,000
|
1,000
|
3
|
F
|
|
|
2-Butene-trans
|
|
|
624-64-6
|
10,000
|
1,000
|
3
|
F
|
|
|
Butyl hydroperoxide (Tertiary)
|
|
|
75-91-2
|
5,000
|
50*
|
3
|
|
|
|
Butyl perbenzoate (Tertiary)
|
|
|
614-45-9
|
7,500
|
75*
|
3
|
|
|
|
Carbon disulfide
|
|
|
75-15-0
|
20,000
|
100
|
1 & 2
|
T
|
0.16
|
|
Carbon oxysulfide
|
Carbon Oxide Sulfide
|
|
463-58-1
|
10,000
|
100
|
1
|
F
|
|
|
Carbonyl fluoride
|
|
|
353-50-4
|
2,500
|
10
|
3
|
T
|
0.00972
|
|
Cellulose nitrate
|
|
concentration greater than 12.6% nitrogen
|
9004-70-0
|
2,500
|
25*
|
3
|
|
|
|
Chlorine
|
|
|
7782-50-5
|
1,500
|
10
|
1 & 2
|
T
|
0.0087
|
|
Chlorine dioxide
|
|
|
10049-04-4
|
1,000
|
100
|
3
|
T
|
0.0028
|
|
Chlorine monoxide
|
|
|
7791-21-1
|
10,000
|
1,000
|
3
|
F
|
|
|
Chlorine pentafluoride
|
|
|
13637-63-3
|
1,000
|
10
|
3
|
T
|
0.003
|
|
Chlorine trifluoride
|
|
|
7790-91-2
|
1,000
|
100
|
3
|
T
|
0.0038
|
|
Chlorodiethyl-aluminum
|
Diethyl-aluminum Chloride
|
|
96-10-6
|
5,000
|
50*
|
3
|
|
|
|
1-Chloro-2,4-Dinitrobenzene
|
|
|
97-00-7
|
5,000
|
50*
|
3
|
|
|
|
Chloroform
|
|
|
67-66-3
|
20,000
|
10
|
1 & 2
|
T
|
0.49
|
|
Chloromethyl methyl ether
|
|
|
107-30-2
|
500
|
10
|
1 & 2
|
T
|
0.0018
|
|
Chloropicrin
|
|
|
76-06-2
|
500
|
50
|
3
|
T
|
0.00134
|
|
Chloropicrin/Methylbromide mix
|
|
|
|
1,500
|
500
|
3
|
T
|
0.00078
|
|
Chloropicrin/Methylchloride mix
|
|
|
|
1,500
|
500
|
3
|
T
|
|
|
1-Chloropropylene
|
|
|
590-21-6
|
10,000
|
1,000
|
3
|
F
|
|
|
2-Chloropropylene
|
|
|
557-98-2
|
10,000
|
1,000
|
3
|
F
|
|
|
Crotonaldehyde
|
2-Butenal
|
|
4170-30-3
|
20,000
|
100
|
1 & 2
|
T
|
0.029
|
|
Crotonaldehyde, (E)-
|
2-Butenal, (E)-
|
|
123-73-9
|
20,000
|
100
|
1 & 2
|
T
|
0.029
|
|
Cumene Hydroperoxide
|
|
|
80-15-9
|
5,000
|
10
|
1
|
|
|
|
Cyanogen
|
Ethanedinitrile
|
|
460-19-5
|
2,500
|
100
|
1
|
F
|
|
|
Cyanogen chloride
|
|
|
506-77-4
|
500
|
10
|
1
|
T
|
0.030
|
|
Cyanuric fluoride
|
|
|
675-14-9
|
100
|
10
|
3
|
T
|
0.00017
|
|
Cyclohexylamine
|
Cyclohex-animine
|
|
108-91-8
|
15,000
|
1,000
|
2
|
T
|
0.16
|
|
Cyclopropane
|
|
|
75-19-4
|
10,000
|
1,000
|
3
|
F
|
|
|
Diacetyl peroxide
|
|
concentration greater than 70%
|
110-22-5
|
5,000 note 2
|
50*
|
3
|
|
|
|
Diazomethane
|
|
|
334-88-3
|
500
|
10
|
3
|
|
|
|
Dibenzoyl peroxide
|
|
|
94-36-0
|
7,500
|
75*
|
3
|
|
|
|
Diborane
|
|
|
19287-45-7
|
100
|
10
|
3
|
T
|
0.0011
|
|
Dibutyl peroxide (tertiary)
|
|
|
110-05-4
|
5,000
|
50*
|
3
|
|
|
|
Dichloro acetylene
|
|
|
7572-29-4
|
250
|
10
|
3
|
|
|
|
Dichlorosilane
|
|
|
4109-96-0
|
2,500
|
100
|
3
|
F
|
|
|
Diethylzinc
|
|
|
557-20-0
|
10,000
|
100*
|
3
|
|
|
|
Difluoroethane
|
|
|
75-37-6
|
10,000
|
1,000
|
3
|
F
|
|
|
Diisopropyl peroxydicarbonate
|
|
|
105-64-6
|
7,500
|
75*
|
3
|
|
|
|
Dilauroyl peroxide
|
|
|
105-74-8
|
7,500
|
75*
|
3
|
|
|
|
Dimethyl sulfide
|
|
|
75-18-3
|
100
|
10
|
3
|
T
|
1.27
|
|
Dimethylamine
|
|
anhydrous
|
124-40-3
|
2,500
|
1,000
|
1
|
F
|
|
|
Dimethyl-dichlorosilane
|
|
|
75-78-5
|
1,000
|
500
|
2
|
T
|
0.026
|
|
1,1-Dimethylhydrazine
|
|
|
57-14-7
|
1,000
|
10
|
1 & 2
|
T
|
0.012
|
|
2,2-Dimethylpropane
|
|
|
463-82-1
|
10,000
|
1,000
|
3
|
F
|
|
|
2,4-Dinitroanaline
|
|
|
97-02-9
|
5,000
|
50*
|
3
|
|
|
|
Epichlorohydrin
|
|
|
106-89-8
|
20,000
|
100
|
1 & 2
|
T
|
0.076
|
|
Ethane
|
|
|
74-84-0
|
10,000
|
1,000
|
3
|
F
|
|
|
Ethyl acetylene
|
1-Butyne
|
|
107-00-6
|
10,000
|
1,000
|
3
|
F
|
|
|
Ethyl chloride
|
|
|
75-00-3
|
10,000
|
100
|
1
|
F
|
|
|
Ethyl ether
|
|
|
60-29-7
|
10,000
|
100
|
1
|
F
|
|
|
Ethyl mercaptan
|
Ethanethiol
|
|
75-08-1
|
10,000
|
1,000
|
3
|
F
|
|
|
Ethyl nitrite
|
|
|
109-95-5
|
5,000
|
50*
|
3
|
F
|
|
|
Ethylamine
|
Ethanamine
|
|
75-04-7
|
7,500
|
100
|
1
|
F
|
|
|
Ethylene
|
Ethene
|
|
74-85-1
|
10,000
|
1,000
|
3
|
F
|
|
|
Ethylene fluorohydrin
|
|
|
371-62-0
|
100
|
10
|
2
|
T
|
0.0008
|
|
Ethylene oxide
|
Oxirane
|
|
75-21-8
|
5,000
|
10
|
1 & 2
|
T
|
0.090
|
|
Ethylenediamine
|
|
|
107-15-3
|
20,000
|
5,000
|
1 & 2
|
T
|
0.49
|
|
Ethyleneimine
|
Aziridine
|
|
151-56-4
|
1,000
|
1
|
1 & 2
|
T
|
0.018
|
|
Fluorine
|
|
|
7782-41-4
|
100
|
10
|
1 & 2
|
T
|
0.0039
|
|
Formaldehyde
|
|
concentration of 37% or greater by weight
|
50-00-0
|
1,000 note 2
|
100
|
1 & 2
|
T
|
0.012
|
|
Furan
|
|
|
110-00-9
|
500
|
100
|
1 & 2
|
T
|
0.0012
|
|
Hexafluoroacetone
|
|
|
684-16-2
|
5,000
|
10
|
3
|
T
|
0.0068
|
|
Hydrazine
|
|
|
302-01-2
|
15,000
|
1
|
1 & 2
|
T
|
0.011
|
|
Hydrochloric acid
|
|
37% or greater
|
7647-01-0
|
15,000 note 2
|
1,000
|
3
|
T
|
0.030
|
|
Hydrofluoric acid
|
|
50% or greater
|
7664-39-3
|
1,000 note 2
|
100
|
1
|
T
|
0.016
|
|
Hydrogen
|
|
|
1333-74-0
|
10,000
|
1,000
|
3
|
F
|
|
|
Hydrogen bromide
|
|
|
10035-10-6
|
5,000
|
10
|
3
|
T
|
0.01
|
|
Hydrogen chloride
|
|
Anhydrous
|
7647-01-0
|
5,000
|
100
|
3
|
T
|
0.030
|
|
Hydrogen cyanide
|
Hydrocyanic acid
|
Anhydrous
|
74-90-8
|
1,000
|
10
|
1 & 2
|
T
|
0.011
|
|
Hydrogen fluoride
|
|
Anhydrous
|
7664-39-3
|
1,000
|
100
|
1 & 2
|
T
|
0.016
|
|
Hydrogen peroxide
|
|
concentration of 52% or greater by weight
|
7722-84-1
|
7,500 note 2
|
1,000
|
2
|
|
|
|
Hydrogen selenide
|
|
|
7783-07-5
|
150
|
10
|
2
|
T
|
0.00066
|
|
Hydrogen sulfide
|
|
|
7783-06-4
|
1,500
|
100
|
1 & 2
|
T
|
0.042
|
|
Hydroxylamine
|
|
|
7803-49-8
|
2,500
|
25*
|
3
|
|
|
|
Iron, pentacarbonyl
|
|
|
13463-40-6
|
250
|
100
|
2
|
T
|
0.00044
|
|
Isobutane
|
1,1-dimethyl ethane
|
|
75-28-5
|
10,000
|
1,000
|
3
|
F
|
|
|
Isobutyronitrile
|
|
|
78-82-0
|
20,000
|
1,000
|
2
|
T
|
0.14
|
|
Isopentane
|
|
|
78-78-4
|
10,000
|
1,000
|
3
|
F
|
|
|
Isoprene
|
|
|
78-79-5
|
10,000
|
100
|
1
|
F
|
|
|
Isopropyl chloride
|
2 - chloropropane
|
|
75-29-6
|
10,000
|
1,000
|
3
|
F
|
|
|
Isopropyl chloroformate
|
|
|
108-23-6
|
15,000
|
1,000
|
2
|
T
|
0.10
|
|
Isopropyl formate
|
|
|
625-55-8
|
500
|
100
|
3
|
T
|
0.0014
|
|
Isopropylamine
|
|
|
75-31-0
|
5,000
|
1,000
|
3
|
F
|
|
|
Ketene
|
|
|
463-51-4
|
100
|
10
|
3
|
T
|
0.18
|
|
Mercury
|
|
|
7439-97-6
|
200,000
|
5,000
|
3
|
T
|
0.0021
|
|
Methacrylaldehyde
|
|
|
78-85-3
|
1,000
|
500
|
3
|
T
|
0.007
|
|
Methacryloyl chloride
|
|
|
920-46-7
|
150
|
100
|
2
|
T
|
0.0006
|
|
Methacryloyloxyethyl isocyanate
|
|
|
30674-80-7
|
100
|
10
|
3
|
T
|
0.00063
|
|
Methane
|
|
|
74-82-8
|
10,000
|
1,000
|
3
|
F
|
|
|
Methyl acrylonitrile
|
Meth-acrylonitrile
|
|
126-98-7
|
250
|
25
|
3
|
T
|
0.0027
|
|
Methyl bromide
|
|
|
74-83-9
|
2,500
|
500
|
3
|
T
|
0.194
|
|
3-Methyl-1-butene
|
Isopentene
|
|
563-45-1
|
10,000
|
1,000
|
3
|
F
|
|
|
2-Methyl-1-butene
|
|
|
563-46-2
|
10,000
|
1,000
|
3
|
F
|
|
|
Methyl chloride
|
|
|
74-87-3
|
15,000
|
100
|
1
|
T
|
0.82
|
|
Methyl chloroformate
|
|
|
79-22-1
|
500
|
100
|
3
|
T
|
0.0019
|
|
Methyl disulfide
|
|
|
624-92-0
|
100
|
10
|
3
|
T
|
0.19
|
|
Methyl ether
|
|
|
115-10-6
|
10,000
|
1,000
|
3
|
F
|
|
|
Methyl ethyl ketone peroxide
|
Ethyl methyl ketone peroxide
|
concentration greater than 60%
|
1338-23-4
|
5,000 note 2
|
10
|
1
|
|
|
|
Methyl fluoroacetate
|
|
|
453-18-9
|
100
|
10
|
3
|
T
|
0.00025
|
|
Methyl fluorosulfate
|
|
|
421-20-5
|
100
|
10
|
3
|
T
|
0.00023
|
|
Methyl formate
|
|
|
107-31-3
|
10,000
|
1,000
|
3
|
F
|
|
|
Methyl hydrazine
|
|
|
60-34-4
|
100
|
10
|
1 & 2
|
T
|
0.0094
|
|
Methyl iodide
|
|
|
74-88-4
|
7,500
|
100
|
1
|
T
|
0.29
|
|
Methyl isocyanate
|
|
|
624-83-9
|
250
|
10
|
1 & 2
|
T
|
0.0012
|
|
Methyl mercaptan
|
|
|
74-93-1
|
5,000
|
100
|
1 & 2
|
T
|
0.049
|
|
Methyl thiocyanate
|
|
|
556-64-9
|
20,000
|
10,000
|
2
|
T
|
0.085
|
|
Methyl vinyl ketone
|
|
|
78-94-4
|
100
|
10
|
2
|
T
|
0.00007
|
|
Methylamine
|
Methanamine
|
Anhydrous
|
74-89-5
|
1,000
|
100
|
1
|
F
|
|
|
2-Methylpropene
|
|
|
115-11-7
|
10,000
|
1,000
|
3
|
F
|
|
|
Methyltrichlorosilane
|
|
|
75-79-6
|
500
|
50
|
3
|
T
|
0.018
|
|
Nickel carbonyl
|
|
|
13463-39-3
|
150
|
10
|
1 & 2
|
T
|
0.00067
|
|
Nitric acid
|
|
80% or greater
|
7697-37-2
|
15,000 note 2
|
1,000
|
1 & 2
|
T
|
0.026
|
|
Nitric acid
|
|
concentration of 94.5% or greater by weight
|
7697-37-2
|
500 note 2
|
50
|
3
|
T
|
0.026
|
|
Nitric oxide
|
Nitrogen oxide
|
|
10102-43-9
|
250
|
10
|
1 & 2
|
T
|
0.031
|
|
Nitroaniline
|
para Nitroaniline
|
|
100-01-6
|
5,000
|
50*
|
3
|
|
|
|
Nitrogen dioxide
|
|
|
10102-44-0
|
250
|
10
|
1 & 2
|
T
|
0.0282
|
|
Nitrogen oxides
|
|
NO; NO2; N2O4; N2O3
|
10102-44-0
|
250
|
10
|
3
|
T
|
0.0282
|
|
Nitrogen tetroxide
|
|
|
10544-72-6
|
250
|
10
|
1
|
T
|
0.0564
|
|
Nitrogen trifluoride
|
|
|
7783-54-2
|
5,000
|
1,000
|
3
|
T
|
0.29
|
|
Nitrogen trioxide
|
|
|
10544-73-7
|
250
|
10
|
3
|
T
|
0.016
|
|
Nitromethane
|
|
|
75-52-5
|
2,500
|
25*
|
3
|
|
|
|
Oleum
|
Fuming sulfuric acid
|
65 wt% or greater of SO3
|
8014-95-7
|
1,000
|
500
|
3
|
T
|
0.010
|
|
Osmium tetroxide
|
|
|
20816-12-0
|
100
|
10
|
3
|
T
|
0.001
|
|
Oxygen difluoride
|
Fluorine monoxide
|
|
7783-41-7
|
100
|
10
|
3
|
|
|
|
Ozone
|
|
|
10028-15-6
|
100
|
10
|
3
|
|
|
|
Pentaborane
|
|
|
19624-22-7
|
100
|
10
|
3
|
T
|
0.00026
|
|
1,3-Pentadinene
|
|
|
504-60-9
|
10,000
|
100
|
1
|
F
|
|
|
Pentane
|
|
|
109-66-0
|
10,000
|
1,000
|
3
|
F
|
|
|
1-Pentene
|
|
|
109-67-1
|
10,000
|
1,000
|
3
|
F
|
|
|
2-Pentene, (E)-
|
|
|
646-04-8
|
10,000
|
1,000
|
3
|
F
|
|
|
2-Pentene, (Z)-
|
|
|
627-20-3
|
10,000
|
1,000
|
3
|
F
|
|
|
Peracetic acid
|
Peroxyacetic acid
|
concentration greater than 60% acetic acid
|
79-21-0
|
1,000 note 2
|
500
|
2
|
T
|
0.0045
|
|
Perchloric acid
|
|
concentration greater than 60% by weight
|
7601-90-3
|
5,000 note 2
|
50*
|
3
|
|
|
|
Perchloromethyl mercaptan
|
|
|
594-42-3
|
150
|
100
|
1 & 2
|
T
|
0.0076
|
|
Perchloryl fluoride
|
|
|
7616-94-6
|
5,000
|
100
|
3
|
T
|
0.042
|
|
Phosgene
|
Carbonyl chloride
|
|
75-44-5
|
100
|
10
|
1 & 2
|
T
|
0.00081
|
|
Phosphine
|
Hydrogen phosphide
|
|
7803-51-2
|
100
|
10
|
3
|
T
|
0.0035
|
|
Phosphorus oxychloride
|
Phosphoryl chloride
|
|
10025-87-3
|
1,000
|
500
|
3
|
T
|
0.0030
|
|
Phosphorus trichloride
|
|
|
7719-12-2
|
1,000
|
500
|
3
|
T
|
0.028
|
|
Piperidine
|
|
|
110-89-4
|
15,000
|
1,000
|
2
|
T
|
0.022
|
|
Propadiene
|
1,2 Propadiene
|
|
463-49-0
|
10,000
|
1,000
|
3
|
F
|
|
|
Propane
|
|
|
74-98-6
|
10,000
|
1,000
|
3
|
F
|
|
|
Propargyl bromide
|
3-Bromopropyne
|
|
106-96-7
|
100
|
10
|
2
|
T
|
0.00003
|
|
Propionitrile
|
|
|
107-12-0
|
10,000
|
10
|
1 & 2
|
T
|
0.0037
|
|
Propyl chloroformate
|
|
|
109-61-5
|
15,000
|
500
|
2
|
T
|
0.010
|
|
Propyl nitrate
|
|
|
627-13-4
|
100
|
25*
|
3
|
|
|
|
Propylene
|
1 Propene
|
|
115-07-1
|
10,000
|
1,000
|
3
|
F
|
|
|
Propylene oxide
|
|
|
75-56-9
|
10,000
|
100
|
1 & 2
|
T
|
0.59
|
|
Propyleneimine
|
|
|
75-55-8
|
10,000
|
1
|
1 & 2
|
T
|
0.12
|
|
Propyne
|
1-Propyne
|
|
74-99-7
|
10,000
|
1,000
|
3
|
F
|
|
|
Sarin
|
|
|
107-44-8
|
100
|
10
|
2
|
T
|
0.00006
|
|
Selenium hexafluoride
|
|
|
7783-79-1
|
1,000
|
1
|
1
|
T
|
0.0016
|
|
Silane
|
|
|
7803-62-5
|
10,000
|
1,000
|
3
|
F
|
|
|
Stibine
|
Antimony hydride
|
|
7803-52-3
|
500
|
10
|
3
|
T
|
0.0026
|
|
Sulfur dioxide
|
|
Anhydrous
|
7446-09-5
|
1,000
|
100
|
3
|
T
|
0.0078
|
|
Sulfur pentafluoride
|
|
|
5714-22-7
|
250
|
10
|
3
|
T
|
0.001
|
|
Sulfur tetrafluoride
|
|
|
7783-60-0
|
250
|
10
|
3
|
T
|
0.0092
|
|
Sulfur trioxide
|
Sulfuric Anhydride
|
|
7446-11-9
|
1,000
|
100
|
2
|
T
|
0.010
|
|
Tellurium hexafluoride
|
|
|
7783-80-4
|
250
|
10
|
3
|
T
|
0.0009
|
|
Tetrafluoroethylene
|
|
|
116-14-3
|
5,000
|
1,000
|
3
|
F
|
|
|
Tetrafluorohydrazine
|
|
|
10036-47-2
|
5,000
|
500
|
3
|
T
|
0.0213
|
|
Tetramethyl Lead
|
|
|
75-74-1
|
1,000
|
100
|
2
|
T
|
0.0040
|
|
Tetramethylsilane
|
|
|
75-76-3
|
10,000
|
1,000
|
3
|
F
|
|
|
Tetranitromethane
|
|
|
509-14-8
|
10,000
|
10
|
2
|
T
|
0.0040
|
|
Thionyl chloride
|
|
|
7719-09-7
|
250
|
100
|
3
|
T
|
0.0097
|
|
Titanium tetrachloride
|
|
|
7550-45-0
|
2,500
|
1,000
|
1 & 2
|
T
|
0.020
|
|
Toluene 2,4-diisocyanate
|
|
|
584-84-9
|
10,000
|
100
|
1 & 2
|
T
|
0.0070
|
|
Toluene 2,6-diisocyanate
|
|
|
91-08-7
|
10,000
|
100
|
1 & 2
|
T
|
0.0070
|
|
Toluene diisocyanate
|
|
|
26471-62-5
|
10,000
|
100
|
1 & 2
|
T
|
0.0070
|
|
Trichloro (chloromethyl) silane
|
|
|
1558-25-4
|
100
|
10
|
3
|
T
|
0.0003
|
|
Trichloro (dichlorophenyl) silane
|
|
|
27137-85-5
|
2,500
|
500
|
2
|
T
|
0.008
|
|
Trichlorosilane
|
|
|
10025-78-2
|
5,000
|
500
|
3
|
F
|
|
|
Trifluoro-chloroethylene
|
|
|
79-38-9
|
10,000
|
500
|
3
|
F
|
|
|
Trimethoxysilane
|
|
|
2487-90-3
|
1,500
|
500
|
3
|
T
|
0.01
|
|
Trimethylamine
|
|
|
75-50-3
|
10,000
|
100
|
1
|
F
|
|
|
Trimethylchlorosilane
|
|
|
75-77-4
|
10,000
|
500
|
2
|
T
|
0.050
|
|
Vinyl acetate monomer
|
|
|
108-05-4
|
15,000
|
1,500
|
3
|
T
|
0.26
|
|
Vinyl acetylene
|
|
|
689-97-4
|
10,000
|
1,000
|
3
|
F
|
|
|
Vinyl chloride
|
|
|
75-01-4
|
10,000
|
1
|
1
|
F
|
|
|
Vinyl ethyl ether
|
|
|
109-92-2
|
10,000
|
1,000
|
3
|
F
|
|
|
Vinyl fluoride
|
|
|
75-02-5
|
10,000
|
1,000
|
3
|
F
|
|
|
Vinyl methyl ether
|
|
|
107-25-5
|
10,000
|
1,000
|
3
|
F
|
|
|
Vinylidene chloride
|
|
|
75-35-4
|
10,000
|
100
|
1
|
F
|
|
|
Vinylidene fluoride
|
|
|
75-38-7
|
10,000
|
1,000
|
3
|
F
|
|
Table Notes:
Note 1: For Two Release Source Column:
1 = RQ as listed in 40 C.F.R. Part 302; 2 = RQ as listed in 40 C.F.R. Part 355;
3 = Two Release Quantity as determined in “Technical Basis Document for
C.A.P.P. Two Release Quantities and Toxic Endpoints.”
Note 2: The threshold quantity must be
applied to the fraction of the chemical in the actual mixture.
* These substances must be involved in a fire or explosion to
qualify as a release pursuant to subparagraph (2) of paragraph (a) of
subsection 1 of NAC 459.95323.
2. Except as otherwise provided in
subsection 3, a substance must be classified as an explosive if the substance
is classified as division 1.1, 1.2, 1.3, 1.4 or 1.5 in column 3 of the Table of
Hazardous Materials in 49 C.F.R. § 172.101, which is adopted by reference
pursuant to NAC 459.95528.
3. The list of explosives as classified
pursuant to subsection 2 excludes those substances described in 18 U.S.C. §
845(a).
4. If a substance:
(a) Is listed as a highly hazardous substance
pursuant to subsection 1; and
(b) Is also classified as an explosive pursuant to
subsection 2 which is not excluded pursuant to subsection 3,
Ê the substance
must be treated as a highly hazardous substance for the purposes of NAC 459.952 to 459.95528, inclusive, if the substance is
present in the process in excess of the threshold quantity set forth for the
substance pursuant to subsection 1.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005; R019-07, 10-31-2007)
General Requirements
NAC 459.95332 Duties of owner or operator of facility. (NRS 459.3818, 459.3833) The
owner or operator of a facility that has a process which is subject to C.A.P.P.
shall:
1. Register annually with the Division
pursuant to NAC 459.95348, 459.9535 and 459.95354;
2. Pay the annual fees pursuant to NAC 459.95334 if the facility contains
one or more processes and does not have explosives manufacturing operations;
3. Pay the annual fees pursuant to NAC 459.953345 if the facility contains
one or more explosives manufacturing operations;
4. Develop a management system pursuant to NAC 459.95341;
5. Conduct a hazard assessment pursuant to NAC 459.95364 to 459.95376, inclusive;
6. Develop and implement a prevention
program pursuant to NAC 459.95412 to 459.95435, inclusive;
7. Develop and implement an emergency
response program pursuant to NAC 459.9544
and 459.95442; and
8. Provide information to the Division in
advance of an inspection pursuant to subsection 2 of NAC 459.9552.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95333 Change in ownership of facility. (NRS
459.3818, 459.3824, 459.3833) If a
facility with a process that is subject to C.A.P.P. changes ownership, the new
owner or operator shall assume responsibility for full compliance with the
requirements of NRS 459.380 to 459.3874, inclusive, and any
regulations adopted pursuant thereto and:
1. If the annual registration required
pursuant to NAC 459.95348 is not due,
satisfy the requirements for registration set forth in NAC 459.95337 and 459.9535 and pay a fee of $1,000 not later
than 14 days after the transfer of ownership; or
2. If the annual registration required
pursuant to NAC 459.95348 is due,
submit the annual registration.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005; R103-22, 12-29-2022)—(Substituted in revision
for NAC 459.95512)
NAC 459.95334 Annual fee. [Effective through June 30, 2024.] (NRS 459.3818, 459.3824,
459.3833)
1. Except as otherwise provided in NAC 459.953345 and 459.95335, the owner or operator of a
facility that contains one or more processes and does not have an explosive
manufacturing operation shall pay the fee required by subsections 1 and 2 of NRS 459.3824 before July 31 of each
year.
2. The amount of this annual fee for each
facility will equal the sum of:
(a) A base fee that is established pursuant to
subsection 4; and
(b) A graduated fee that is established pursuant to
subsection 5.
3. The total annual fee required by this
section must not exceed $45,000 for a facility.
4. The amount of the annual base fee that is
authorized pursuant to subsection 1 of NRS 459.3824 is $7,050.
5. The amount of the annual graduated fee
that is authorized pursuant to subsection 2 of NRS 459.3824 is $49 per unit of
highly hazardous substance at a facility. A unit of highly hazardous substance
is equal to the total amount of the highly hazardous substance present at a
facility, divided by the corresponding threshold quantity set forth in
subsection 1 of NAC 459.9533 for that
highly hazardous substance.
(Added to NAC by Environmental Comm’n, eff. 7-6-92; A
by R121-98, 5-27-99, eff. 6-21-99; R087-00, 7-27-2000; R087-00, 7-27-2000, eff.
7-1-2001; R137-04, 2-15-2005; R103-22, 12-29-2022, eff. 7-1-2023)
NAC 459.95334 Annual
fee. [Effective July 1, 2024.] (NRS
459.3818, 459.3824, 459.3833)
1. Except as otherwise provided in NAC 459.953345 and 459.95335, the owner or operator of a
facility that contains one or more processes and does not have an explosive
manufacturing operation shall pay the fee required by subsections 1 and 2 of NRS 459.3824 before July 31 of each
year.
2. The amount of this annual fee for each
facility will equal the sum of:
(a) A base fee that is established pursuant to
subsection 4; and
(b) A graduated fee that is established pursuant to
subsection 5.
3. Except as otherwise provided in
subsection 6, the total annual fee required by this section must not exceed
$55,000 for a facility.
4. Except as otherwise provided in
subsection 6, the amount of the annual base fee that is authorized pursuant to
subsection 1 of NRS 459.3824 is
$8,500.
5. Except as otherwise provided in
subsection 6, the amount of the annual graduated fee that is authorized
pursuant to subsection 2 of NRS
459.3824 is $59 per unit of highly hazardous substance at a facility. A
unit of highly hazardous substance is equal to the total amount of the highly
hazardous substance present at a facility, divided by the corresponding
threshold quantity set forth in subsection 1 of NAC 459.9533 for that highly hazardous
substance.
6. For the fiscal year beginning on July 1,
2025, and for each fiscal year thereafter, the Director shall increase each fee
set forth in subsections 3, 4 and 5 by an amount that is equal to 2 percent of
the fee for the immediately preceding fiscal year. The Director may, during any
fiscal year, suspend an increase in a fee specified in this subsection.
7. The Director shall post on the Internet
website of the Division the fees required pursuant to this section that are
applicable for each fiscal year.
(Added to NAC by Environmental Comm’n, eff. 7-6-92; A
by R121-98, 5-27-99, eff. 6-21-99; R087-00, 7-27-2000; R087-00, 7-27-2000, eff.
7-1-2001; R137-04, 2-15-2005; R103-22, 12-29-2022, eff. 7-1-2023; R103-22, 12-29-2022,
eff. 7-1-2024)
NAC 459.953345 Annual fees for facility with explosives manufacturing operation.
[Effective through June 30, 2024.] (NRS
459.3818, 459.3824, 459.3833)
1. Except as otherwise provided in NAC 459.95335, an owner or operator of a
facility that has an explosives manufacturing operation shall pay to the
Division an annual fee before July 31, as prescribed in this section.
2. If the explosives manufacturing operation
includes only the combining of ammonium nitrate and fuel oil mixture, the owner
or operator of the facility of which the operation is a part shall pay to the
Division an annual base fee of $7,050 and an annual graduated fee of $49 per
unit of explosives at the facility.
3. If the explosives manufacturing operation
includes any other type of explosives manufacturing, the owner or operator of
the facility of which the operation is a part shall pay to the Division an
annual base fee of $17,250 and an annual graduated fee of $49 per unit of
explosives at the facility. A unit of explosives is equal to the total amount
of explosives present at the facility, divided by 10,000 pounds.
4. If a facility that has an explosives
manufacturing operation also has a highly hazardous substance in a process in
excess of the threshold quantity set forth for that highly hazardous substance
in subsection 1 of NAC 459.9533, the
owner or operator of the facility shall pay, in addition to the fees set forth
in this section, the graduated fee set forth in subsection 5 of NAC 459.95334 and is exempt from the base
fee set forth in subsection 4 of NAC
459.95334.
5. The total annual fee required by this
section must not exceed $45,000 at any facility.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005; R103-22, 12-29-2022, eff. 7-1-2023)
NAC 459.953345 Annual
fees for facility with explosives manufacturing operation. [Effective July 1,
2024.] (NRS
459.3818, 459.3824, 459.3833)
1. Except as otherwise provided in NAC 459.95335, an owner or operator of a
facility that has an explosives manufacturing operation shall pay to the
Division an annual fee before July 31, as prescribed in this section.
2. If the explosives manufacturing operation
includes only the combining of ammonium nitrate and fuel oil mixture, except as
otherwise provided in subsection 6, the owner or operator of the facility of
which the operation is a part shall pay to the Division an annual base fee of
$8,500 and an annual graduated fee of $59 per unit of explosives at the
facility.
3. If the explosives manufacturing operation
includes any other type of explosives manufacturing, except as otherwise
provided in subsection 6, the owner or operator of the facility of which the
operation is a part shall pay to the Division an annual base fee of $21,000 and
an annual graduated fee of $59 per unit of explosives at the facility. A unit
of explosives is equal to the total amount of explosives present at the
facility, divided by 10,000 pounds.
4. If a facility that has an explosives
manufacturing operation also has a highly hazardous substance in a process in
excess of the threshold quantity set forth for that highly hazardous substance
in subsection 1 of NAC 459.9533, the
owner or operator of the facility shall pay, in addition to the fees set forth
in this section, the graduated fee set forth in subsection 5 of NAC 459.95334 and is exempt from the base
fee set forth in subsection 4 of NAC
459.95334.
5. Except as otherwise provided in
subsection 6, the total annual fee required by this section must not exceed
$55,000 at any facility.
6. For the fiscal year beginning on July 1,
2025, and for each fiscal year thereafter, the Director shall increase each fee
set forth in this section by an amount that is equal to 2 percent of the fee
for the immediately preceding fiscal year. The Director may, during any fiscal
year, suspend an increase in a fee specified in this subsection.
7. The Director shall post on the Internet
website of the Division the fees required pursuant to this section that are
applicable for each fiscal year.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005; R103-22, 12-29-2022, eff. 7-1-2023; R103-22,
12-29-2022, eff. 7-1-2024)
NAC 459.95335 Exemption from payment of certain annual fees. (NRS 459.3818, 459.3824,
459.3833)
1. Notwithstanding any provision of NAC 459.95334 or 459.953345 to the contrary, an owner or
operator of a new process is exempt from the payment of annual fees related to
the new process for the fiscal year in which the process or operation commences
operation and for the following fiscal year.
2. The provisions of subsection 1 do not
affect any other fees already being paid by an owner or operator of a facility
for other processes or explosives manufacturing operations. In such a case, the
provisions of subsection 1 apply only to the incremental annual fee as applied
to the new process.
3. As used in this section, “fiscal year”
means the fiscal year on which the state budget is based.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)—(Substituted in revision for NAC
459.953477)
NAC 459.95337 Certification of required documents. (NRS 459.3818, 459.3832,
459.3833)
1. Any document required to be submitted
pursuant to NAC 459.952 to 459.95528, inclusive, that is required to
be certified must contain language for certification that substantially
conforms to one of the following forms:
(a) I certify under
penalty of law that the information provided in this document is true, accurate
and complete. I am aware that there are significant civil and criminal
penalties for submitting false, inaccurate or incomplete information.
[Signature,
title, date signed]
(b) I certify under
penalty of law that I have personally examined and am familiar with the
information submitted in this document and all attached documents and that,
based on my inquiry of the natural persons immediately responsible for
obtaining the information, I believe that the submitted information is true,
accurate and complete. I am aware that there are significant civil and criminal
penalties for submitting false information.
[Signature,
title, date signed]
2. The certification must be signed by the
sole proprietor of the facility, the highest ranking corporate officer of the
facility, a partner at the facility, the manager of the facility or a person
designated by one of those persons to sign the certification.
(Added to NAC by Environmental Comm’n by R121-98, 5-27-99,
eff. 6-21-99; A by R137-04, 2-15-2005)—(Substituted in revision for NAC
459.95358)
NAC 459.95341 Management system; implementation plan. (NRS 459.3818, 459.3833) The
owner or operator of a facility with a process that is subject to C.A.P.P.
shall develop:
1. A management system to oversee the
implementation of all program requirements and:
(a) Assign a qualified person to have overall
responsibility for the development, implementation and integration of the
requirements of C.A.P.P.; or
(b) Create a team with overall responsibility for
the development, implementation and integration of the requirements of C.A.P.P.
The owner or operator shall document:
(1) The names of the persons who are members
of the team; and
(2) The relevant lines of authority for the
team by means of an organization chart or similar document.
2. An implementation plan that covers each
element of the prevention program and each element of the emergency response
program. The implementation plan must define how each requirement of each such
element will be implemented at the facility and must provide a system that
requires all information and documentation be controlled in a manner which
ensures that the current information and documentation is in circulation and in
use.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)—(Substituted in revision for NAC 459.95516)
NAC 459.95344 Reports of regulatory agencies. (NRS
459.3818, 459.382) A governmental entity or
agency of the State that is required by subsection 1 of NRS 459.382 to submit a report to
the Division shall do so, upon request, within 10 working days after a
determination is made or an action is taken related to hazards involving highly
hazardous substances or explosives at a facility. The report must be submitted
on the following form:
NEVADA DIVISION OF
ENVIRONMENTAL PROTECTION
CHEMICAL ACCIDENT
PREVENTION PROGRAM
GOVERNMENTAL AGENCY
REPORTING FORM
A facility which produces, uses, stores or handles a
highly hazardous substance or manufactures an explosive for sale in a process
subject to NAC 459.95323 is subject to
the provisions of NRS 459.380 to 459.3874, inclusive. Pursuant to NRS 459.382, governmental entities
or agencies of the State are required to complete the following information
whenever a determination is made or an action is taken related to hazards
involving highly hazardous substances or explosives at a facility. Please
complete this form and return it to the Nevada Division of Environmental
Protection, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701.
1. Facility Name.........................................................................................................................
2. Facility Location....................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
3. Highly Hazardous Substances or Explosives
Present at the Facility
Substance Estimated
Quantity (lbs.)
............................................................................................... ...............................................
............................................................................................... ...............................................
............................................................................................... ...............................................
4. Describe any specific hazards related to
highly hazardous substances or explosives which were noticed by regulatory or
inspection staff at the facility..................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
5. Describe any action your agency has taken
at this facility related to highly hazardous substances or explosives. Include
orders, notices, penalties, etc. ...........................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................
6. List statutes, regulations, standards or
codes related to or controlling actions taken by your agency
...........................................................................................................................................................
...........................................................................................................................................................
7. Agency contact: ........................................................ Phone:
...................................
8. Authorized signature: ................................................ Date:
.....................................
Attach additional
sheets if required.
(Added to NAC by Div. of Environmental Protec., eff. 7-10-92;
A by R137-04, 2-15-2005; A by Environmental Comm’n by R103-22, 12-29-2022)
Permits
NAC 459.95345 Permit required for construction; preliminary meeting with
Division. (NRS
459.3818, 459.3829)
1. Before an owner or operator of a facility
may commence the construction of a new process subject to C.A.P.P., the owner
or operator must obtain a permit to construct the new process from the Division
pursuant to NAC 459.95345 to 459.953467, inclusive.
2. Before applying for a permit to construct
a new process, the owner or operator of the process must meet with the Division
to discuss:
(a) The scope of the project and the applicable
codes and standards relating to the design and construction of the project;
(b) The requirements for the submission of
documents; and
(c) The schedule for the construction of the
project.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953451 Application for permit to construct: Submission; contents;
requirements for accompanying documents, specifications and calculations. (NRS 459.3818, 459.3829)
1. To obtain a permit to construct a new
process subject to C.A.P.P., an owner or operator of a new process must submit
to the Division a complete application for a permit to construct and two copies
of the complete application. The Division shall determine which elements of the
application, if any, will be reviewed at the site where the new process will be
located.
2. An application for a permit to construct
a new process must be made on a form prescribed by the Division and include:
(a) Registration for the process that includes:
(1) The information required by NAC 459.9535;
(2) A summary of the hazard assessment
conducted pursuant to NAC 459.95364 to
459.95376, inclusive;
(3) The name, address and telephone number of
the person submitting the plans;
(4) An overview of the project that includes a
description of:
(I) The process;
(II) The hours of operation during which
the process will be operated;
(III) The estimated number of personnel,
for each shift, who will be working on the process, including, without
limitation, personnel in operations, personnel in maintenance, office staff,
contract personnel and any other personnel;
(IV) The modes, frequency and hours of
transportation of the incoming and outgoing raw materials and products;
(V) The scope of the construction; and
(VI) The schedule for the project; and
(5) Information concerning the inspectors of
the construction required pursuant to NAC
459.953461;
(b) A coordinated emergency response plan document
developed pursuant to NAC 459.9544 and 459.95442;
(c) Information concerning the process and safety
process hazard analysis required pursuant to NAC 459.953455;
(d) Documents, specifications and calculations
required pursuant to NAC 459.953457, 459.953459 and 459.95346; and
(e) A copy of the conditional use permit issued
pursuant to NRS 278.147.
3. Documents, specifications and calculations
submitted pursuant to NAC 459.953457,
459.953459 and 459.95346 must:
(a) Be stamped or sealed in accordance with chapter 625 of NRS, and any regulations
adopted pursuant thereto, by the engineer who has responsible charge of the
document, specification or calculation; and
(b) Include a table of contents or cover sheet that
complies with the requirements of chapter
625 of NRS and any regulations adopted pursuant thereto.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953455 Contents of application for permit to construct: Process hazard
analysis; information concerning process safety. (NRS 459.3818, 459.3829)
1. In addition to any other information
required to be included pursuant to NAC
459.95345 to 459.953475,
inclusive, an application for a permit to construct must include:
(a) Information relating to the hazards of any
highly hazardous substance or explosive as described in paragraph (a) of
subsection 2 of NAC 459.95412.
(b) A description of the process chemistry, as
required in NAC 459.95412, including,
without limitation, a description of the potential side reactions, regardless
of whether the reactions would create hazardous consequences.
(c) If not readily apparent from the piping and
instrument diagrams, documentation concerning the control logic that explains
the function of the process controllers, switches and interlocks. Such
documentation must be as concise as possible to allow the Division to review
and use the information efficiently.
(d) A material and energy balance as required in NAC 459.95412.
(e) A description of the safety system as required
in NAC 459.95412.
(f) A complete process hazard analysis performed
pursuant to NAC 459.95414.
(g) A list of vessels and rotating equipment,
traceable to the piping and instrument diagram, and, if requested by the Division,
design and code information.
2. The process hazard analysis and
information concerning process safety included in an application for a permit
to construct a new process must indicate the current revision number and date
on which that revision was carried out.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953457 Contents of application for permit to construct: Site plan; plot
plans of project area; diagrams; drawings. (NRS
459.3818, 459.3829)
1. In addition to any other information
required to be included pursuant to NAC
459.95345 to 459.953475,
inclusive, an application for a permit to construct a new process must include:
(a) A site plan, drawn to scale, that identifies the
location within the facility of the new process on a map. A site plan must
include and indicate, without limitation:
(1) The city and county roads in the area of
the facility of the new process.
(2) The area encompassing the endpoint of the
worst-case release scenarios developed pursuant to NAC 459.95366 or the area encompassing an
area extending 1 mile radially from the facility, whichever is larger.
(3) A graphical delineation of the endpoints
of each worst-case release scenario and alternative release scenario developed
pursuant to NAC 459.95366 and 459.95368.
(4) All major roads and transportation
corridors.
(5) Routes for incoming and outgoing raw
materials and products.
(6) The location of the first responding fire
station and the hazardous materials response station. If the first responding
fire station or hazardous materials response station is located outside the
plan area, the site plan must include the address of the station and indicate
the distance and direction that the station is from the facility.
(7) The location of schools, hospitals and
other public receptors within the plan area.
(b) Plot plans of the project area, shown on
separate drawings and drawn to scale, that show:
(1) The safety systems, including, without
limitation, the locations of:
(I) Water and tankages for other
materials associated with the fire suppression systems.
(II) The system pumps and the routing of
the distribution piping.
(III) Hydrants, monitors and other
similar fire suppression equipment.
(IV) The detectors of toxic and
combustible gases and flames.
(V) Personal protective equipment.
(VI) Major process equipment.
(2) The location of the electrical hazardous
areas. The plot plan must:
(I) Provide the necessary elevations and
include detailed drawings to distinguish between electrically unclassified and
electrically classified areas, as those terms are defined in Article 500 of the
N.F.P.A. 70, the National Electrical Code, adopted by reference pursuant
to NAC 459.95528; and
(II) Denote the nationally recognized
code or standard upon which the drawing is based to determine the extent of the
electrically classified areas.
(c) Process flow diagrams, shown on as many
drawings as necessary, developed pursuant to NAC 459.95412. The process flow diagrams
must correspond to the material and energy balance submitted pursuant to NAC 459.953455.
(d) Piping and instruments diagrams, shown on as
many drawings as necessary, developed pursuant to NAC 459.95412. The piping and instrument
diagrams must:
(1) Be submitted on paper that is 11 inches by
17 inches.
(2) Be on an easily legible scale.
(3) Cover the new process. The Division may
request that the diagrams include any associated systems, including, without
limitation, air, water, nitrogen and process drain systems, if the Division
determines that the inclusion of the additional information is necessary to
assist with the review of the process hazard analysis.
(4) Indicate all piping, equipment,
instruments and controls.
(5) Correspond to:
(I) The process flow diagrams;
(II) The documentation concerning the
control logic and the process hazard analysis submitted pursuant to NAC 459.953455; and
(III) The specifications submitted
pursuant to NAC 459.953459.
(e) Drawings indicating the concrete foundations
and structures related to the new process that are not subject to the review
and approval of the local building official. These drawings must include and
indicate:
(1) The preparation for the base and subbase,
including, without limitation, compaction requirements;
(2) The requirements relating to forms,
reinforcing bars and appurtenances;
(3) The specifications relating to concrete
and grout;
(4) The requirements for testing and
inspection; and
(5) The applicable codes, standards or
industry recommended practices governing the design and construction to be
used.
(f) Drawings for the structural steel support for
the equipment and piping related to the new process that are not subject to the
review and approval of the local building official. These drawings must include
and indicate:
(1) Specifications for the steel and bolting;
(2) Requirements for welding, testing and
inspection; and
(3) The applicable codes, standards or
industry recommended practices governing the design and construction to be
used.
2. A drawing included pursuant to this
section in an application for a permit to construct must indicate the current
revision number and date of the drawing and be of sufficient quality so that a
legible copy can be made of the drawing. If a drawing is drawn to scale, the
scale must be indicated and a bar scale must be included.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953459 Contents of application for permit to construct: Specifications. (NRS 459.3818, 459.3829) Specifications
included in an application for a permit to construct a new process:
1. Must indicate the current revision number
and date on which the specifications were developed;
2. Must define:
(a) The applicable codes, standards or industry
recommended practices to be followed for the design, construction and
inspection of the new process;
(b) The design conditions, including, without
limitation, maximum allowable working pressures, the design temperatures and
the seismic criteria, where applicable;
(c) The required materials of construction;
(d) The qualification requirements for:
(1) The installation methods to be used; and
(2) The personnel performing the construction
and inspection activities; and
(e) The requirements for inspection and testing;
and
3. Must be provided for process piping,
fittings and valves. Requirements for inspection, examination and testing
related to piping construction must be appropriate for the application, and must,
without limitation:
(a) Meet the requirements defined in Chapter VI of ASME
B31.3 - 1999 Process Piping with Addenda, which is adopted by reference
pursuant to NAC 459.95528;
(b) Require examination of:
(1) Not less than 5 percent of all
circumferential butt and miter groove welds by random radiography and require
that the welds meet the acceptable criteria for normal fluid service specified
in Chapter VI of ASME B31.3; and
(2) Not less than 5 percent of socket welds
and other fillet welds by magnetic particle, liquid penetrant or ultrasonic
testing and require that the welds meet the acceptance criteria for normal
fluid service specified in Chapter VI of ASME B31.3.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.95346 Contents of application for permit to construct: Calculations. (NRS 459.3818, 459.3829)
1. In addition to any other information
required to be included, an application for a permit to construct a new process
must include calculations for:
(a) Concrete foundations for drawings submitted
pursuant to NAC 459.953457,
including, without limitation, a soils report to support the design
calculations;
(b) Structural steel drawings submitted pursuant to
NAC 459.953457; and
(c) The capacity of pressure relief devices and
pressure relief systems to be included in the new process.
2. Calculations included in an application
for a permit to construct a new process must indicate the current revision
number and the date of the current calculation.
3. Each set of calculations must include a
cite to the applicable code, standard or industry recommended practice
governing the design and construction that was used in making the calculation.
4. If the calculations are
computer-generated, the calculations must include:
(a) A complete description of the mathematical
model used in the design; and
(b) An identification of the design program used,
input data required, limitations on the application of the program and the
final results.
5. Upon the request of the Division, an
applicant for a permit to construct shall provide supporting information for
the calculations provided in the application, including, without limitation,
data generated by vendors.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953461 Contents of application for permit to construct: Information
concerning inspectors for construction of process pipes, concrete foundations
and structural steel. (NRS
459.3818, 459.3829)
1. An applicant for a permit to construct
must include in the application information concerning the inspectors for the
construction of process pipes, concrete foundations and structural steel if
these activities are to be permitted pursuant to NAC 459.953467.
2. The information concerning the inspectors
must identify:
(a) Each inspector to be employed by the applicant;
(b) The scope of the inspection services to be
provided by each inspector, including, without limitation, the types of
observations and tests to be used; and
(c) The qualifications of each inspector that will
enable the inspector to perform the inspection. If the inspector is required to
be certified or hold other specific credentials to perform his or her duties,
the applicant must include a copy of the required certifications or
credentials.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001)
NAC 459.953463 Initial review of application for permit to construct;
notification of applicant concerning completeness of application. (NRS 459.3818, 459.3829)
1. Upon receipt of an application for a
permit to construct a new process, the Division shall review the application to
determine if the application includes all the information required by NAC 459.953451. Not later than 30 days
after the date on which an application is received, the Division shall provide
to the applicant its initial determination as to the completeness of the
application.
2. If the Division determines that an
application for a permit to construct does not include all the information
required by NAC 459.953451, the
Division shall notify the applicant of its determination and include in the
notice a description or list of the deficiencies.
3. If the Division determines that an
application for a permit to construct is not complete, the Division may:
(a) Return all the submitted information to the
applicant and require the applicant to resubmit the application when completed;
or
(b) Delay the review of the incomplete application
until the applicant submits the required information and the application is
determined to be complete.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001)
NAC 459.953465 Notice of receipt of application for permit to construct; period
for public comment; action by Division after period of public comment. (NRS 459.3818, 459.3829)
1. Upon determining that an application for
a permit to construct a new process is complete, the Division shall issue a
notice of its receipt of the application. The notice must:
(a) Be sent to the applicant and the local
governing body in the area in which the new process is to be located, and be
published on an Internet website designed to give general public notice; and
(b) Summarize the review to be conducted by the
Division on the application for the permit to construct and state that the
following information will be available for public review:
(1) The registration submitted pursuant to NAC 459.953451;
(2) The coordinated emergency plan document;
(3) The site plan; and
(4) A copy of the conditional use permit.
2. The period for public comment must be 30
days and commences on the date on which the notice is published on an Internet
website pursuant to subsection 1.
3. Not later than 15 days after the date on
which the period for public comment concerning an application for a permit to
construct closes, the Division may, after considering the documents that are
part of the application, require further modifications if such modifications
are determined necessary to satisfy the requirements set forth in NAC 459.953467 for issuing a permit to
construct.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005; R015-17, 9-21-2017)
NAC 459.953467 Conditions for issuance of permit to construct; approval of site
plan; certain modifications in construction to be reflected in pre-start-up
safety review. (NRS
459.3818, 459.3829)
1. The Division shall issue a permit to
construct a new process if the Division:
(a) Approves the analysis of off-site consequences
developed pursuant to NAC 459.95364 to
459.95376, inclusive;
(b) Determines that the inspectors for the
construction to be used by the applicant for the permit to construct:
(1) Are capable of providing an inspection as
required by the applicable specifications, codes and standards, and of ensuring
that the construction and installation of the new process is performed pursuant
to those specifications, codes and standards;
(2) Are qualified by experience and, if
applicable, hold the proper certifications and credentials to perform their
duties as inspectors; and
(3) Are not employed by or under contract with
any entity that will be performing the construction activity subject to the
permit to construct unless that entity is the owner or operator;
(c) Determines that:
(1) The emergency response program developed
pursuant to NAC 459.9544 and 459.95442 is complete;
(2) Full-time emergency response capability is
available; and
(3) Hazardous materials response capability:
(I) Is available pursuant to the
requirements of 29 C.F.R. § 1910.120;
(II) Is available 24 hours a day; and
(III) Will be provided by an organization
that is not a volunteer fire department;
(d) Determines that the process hazard analysis
complies with NAC 459.95414;
(e) Approves the site plan developed pursuant to NAC 459.953457;
(f) Determines that:
(1) The plans identifying the locations of the
electrical hazardous area developed pursuant to NAC 459.953457 are in compliance with
the applicable codes and standards, except that the Division may accept a local
building official’s approval of the drawing if the criteria set forth in NAC 459.953457 are met;
(2) The piping and instrument diagrams are
consistent with the process flow diagrams and specifications;
(3) The drawings of the concrete foundation
are consistent with the applicable calculations submitted;
(4) The drawings relating to the structural
steel to be used in the construction are consistent with the applicable
calculations submitted;
(5) The specifications submitted comply with
the applicable codes and standards, and the selected materials and design
parameters are determined to be compatible with the process; and
(6) The calculations submitted provide answers
that represent generally accepted calculation methods and comply with the
appropriate codes, standards and industry recommended practices, where
applicable;
(g) Finds, upon its review of the portions of the
new process, that those portions are in conformance with any requirement set
forth in the conditional use permit issued pursuant to NRS 278.147 that require compliance
with any part of NRS 459.380 to 459.3874, inclusive, or any
regulation adopted pursuant thereto;
(h) Completes the public review and comment process
and any modifications required by NAC
459.953465 have been put into place; and
(i) Determines that the applicant is not delinquent
on the payment of fees assessed pursuant to NAC 459.953475.
2. For the Division to approve a site plan:
(a) The worst-case release scenarios developed
pursuant to NAC 459.95366 must be
mitigated in a manner acceptable to the Division to minimize the impact on
public receptors located outside the industrial zoning district in which the
new process will be located. At a minimum, some level of passive or active
mitigation must be employed.
(b) The alternate release scenarios developed
pursuant to NAC 459.95368 must be
mitigated in a manner acceptable to the Division to minimize the impact on
public receptors located outside the industrial zoning district in which the
new process will be located. At a minimum, some level of mitigation must be
employed, including, without limitation, the use of toxic or combustible gas
sensors, as appropriate, that must be physically located to enable the
detection of a release and a response thereto in a timely manner to minimize
the impact of the release.
(c) The locations of the emergency responders as
shown on the site plan must be consistent with the locations of the emergency
responders identified in the emergency response program.
3. Any modification in the construction of a
new process allowed pursuant to subsection 1 that causes the alteration of any
document, drawing or specification must be reflected in the pre-start-up safety
review conducted pursuant to NAC 459.95425.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953469 Commencement of construction before issuance of permit to
construct. (NRS
459.3818, 459.3829)
1. If the Division determines that a new
process is being constructed in the interest of mitigating the effects of
acutely hazardous conditions on public safety, the environment or the health of
personnel, and timely implementation of the new process is critical to ensure
the preservation of those objectives, the Division may allow the owner or
operator to commence construction on the new process before the permit to
construct is issued.
2. The owner or operator of a new process
may commence construction before a permit to construct is issued if:
(a) The owner or operator submits with its
application for a permit to construct a letter detailing the reasons for the
request to begin construction before the issuance of the permit to construct;
and
(b) The Division determines the application to be
complete and has not identified any significant unmitigated hazard.
3. The Division may:
(a) Impose such conditions as it determines
necessary in authorizing an owner or operator to commence construction before a
permit to construct is issued; and
(b) Revoke the authorization if it determines that
the owner or operator has not complied with the conditions imposed.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001)
NAC 459.95347 Maintenance and availability of information during construction
activity; revised schedule for construction upon issuance of permit to
construct. (NRS
459.3818, 459.3829)
1. During any construction activity done on
a new process approved in accordance with NAC
459.953467, the owner or operator of the new process shall:
(a) Maintain on-site:
(1) All documents, drawings and specifications
related to the construction and operation of the new process;
(2) All records relating to inspections and
testing related to the construction; and
(3) All records relating to the construction
procedure and qualifications of persons performing the construction; and
(b) Make available such information to the Division
or an authorized representative of the Division upon request by the Division or
its representative.
2. Upon the issuance of a permit to
construct, the owner or operator to whom the permit is issued shall provide the
Division with a revised schedule for the construction that includes the
approximate timing as to when:
(a) Concrete foundations will be poured;
(b) The erection of the structural steel components
will be commenced;
(c) The fabrication of the process piping will be
commenced;
(d) The hydrotesting for the process piping will be
commenced; and
(e) Any other activities identified by the Division
or an authorized representative of the Division will be performed or commenced.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953471 Permit to operate: Requirements to commence operation or to bring
highly hazardous substances or explosives onto site of new process. (NRS 459.3818, 459.3829) Before
an owner or operator of a facility:
1. Commences the operation of a new process;
or
2. Brings any highly hazardous substances or
explosives onto the site of the new process,
Ê the owner or
operator must obtain a permit to operate from the Division pursuant to NAC 459.953473.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953473 Permit to operate: Conditions for issuance; notification of
Division when certain requirements are satisfied. (NRS 459.3818, 459.3829)
1. The Division shall issue a permit to
operate to the owner or operator of a new process only if:
(a) The Division has issued a permit to construct
the new process;
(b) The owner or operator has received all appropriate
permits from the local building official for the drawings and calculations for
the construction of concrete foundations and structural steel;
(c) The Division determines that the requirements
set forth in NAC 459.95341, 459.953475 and 459.95412 to 459.95442, inclusive, have been
satisfied; and
(d) The owner or operator is not delinquent on the
payment of fees assessed pursuant to NAC
459.953475.
2. The owner or operator of a new process
shall notify the Division when the owner or operator determines that the new
process satisfies the requirements of any provision set forth in NAC 459.95341 or 459.95412 to 459.95442, inclusive, and is ready for
review by the Division.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005)
NAC 459.953475 Fees; request for Division to cease evaluation for permit. (NRS 459.3818, 459.3829)
1. An owner or operator of a new process
shall remit fees to the Division for activities conducted by the Division
relating to permitting activities conducted pursuant to NAC 459.95345 to 459.953473, inclusive.
2. Upon the determination by the Division
that an application for a permit to construct a new process is complete, except
as otherwise provided in subsection 4, the owner or operator shall remit a fee
of $7,600 to the Division. The Division shall issue invoices to the owner or
operator for any costs in excess of $7,600.
3. The Division shall accrue charges for
activities relating to the permitting of the new process conducted by:
(a) Personnel of the Division, except as otherwise
provided in subsection 4, in the amount of $103 per hour; and
(b) Contractors in an amount equal to the cost to
the Division, plus 5 percent.
4. For the fiscal year beginning on July 1,
2024, and for each fiscal year thereafter, the Director shall increase each fee
or charge set forth in subsections 2 and 3 by an amount that is equal to 2
percent of the fee or charge for the immediately preceding fiscal year. The
Director may, during any fiscal year, suspend an increase in a fee or charge
specified in this subsection.
5. The Director shall post on the Internet
website of the Division the fees and charges required pursuant to this section
that are applicable for each fiscal year.
6. After issuing a permit to operate to an
owner or operator, the Division shall refund any excess fee paid to the
Division by the owner or operator pursuant to this section.
7. The owner or operator may request in
writing that the Division cease work on evaluating the application for a permit
to construct, or evaluating whether the owner or operator has satisfied the
requirements for the issuance of a permit to operate, at any time before the
permit is issued. Upon receipt of such a request, the Division shall stop its
evaluation and:
(a) Issue an invoice to the owner or operator for
any outstanding money due pursuant to this section, including any money
committed to any engineering contractor for review services; or
(b) Refund any excess fee paid to the Division by
the owner or operator pursuant to this section,
Ê as
appropriate.
(Added to NAC by Environmental Comm’n by R041-01, eff.
10-25-2001; A by R137-04, 2-15-2005; R103-22, 12-29-2022)
Registration
NAC 459.95348 General requirements. (NRS
459.3818, 459.3822, 459.3832,
459.3833)
1. The owner or operator shall:
(a) Complete annually a single registration form
covering all processes subject to C.A.P.P.;
(b) Submit the annual registration pursuant to
subsection 6 to the Division on or before June 21 of each year; and
(c) Certify the annual registration pursuant to NAC 459.95337.
2. The registration must reflect the maximum
quantity of all highly hazardous substances and explosives on-site between June
1 of the previous year and May 31 of the current year.
3. Except as otherwise provided in this
subsection, before starting a new process, the owner or operator shall submit a
registration form covering all the processes subject to C.A.P.P., including the
new process, at least 90 days before introducing the highly hazardous substance
or explosive into the facility. An owner or operator does not need to submit a
registration form pursuant to this subsection to include a new process in his
or her registration if the owner or operator has submitted an application for a
permit to construct for the new process pursuant to NAC 459.953451.
4. If a facility is or becomes subject to
the provisions of subparagraph (2) of paragraph (a) of subsection 1 of NAC 459.95323, the owner or operator
shall submit the registration pursuant to subsection 6 not later than 90 days
after the provisions of subparagraph (2) of paragraph (a) of subsection 1 of NAC 459.95323 take effect.
5. If the State Environmental Commission
amends a threshold quantity or mixture concentration of a substance or adds a
new substance to the table of highly hazardous substances set forth in
subsection 1 of NAC 459.9533 and a facility
has a process that uses the new substance or that uses the substance in an
amount that exceeds the amended threshold quantity or mixture of concentration,
the owner or operator shall, not later than 90 days after the effective date of
the regulation which contains the addition or amendment, submit to the Division
registration for the process in accordance with subsection 6.
6. A complete registration consists of:
(a) Information about the facility as set forth in NAC 459.9535;
(b) A summary of the accident history in accordance
with NAC 459.95354;
(c) The status of any recommendation of the process
hazard analysis developed pursuant to subsection 8 of NAC 459.95414 that was unresolved when
the registration for the previous year was submitted;
(d) Such other information that may be required by
the Division; and
(e) Certification as set forth in NAC 459.95337.
(Added to NAC by Environmental Comm’n by R121-98, 5-27-99,
eff. 6-21-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
REVISER’S NOTE.
The regulation of the State Environmental Commission
filed with the Secretary of State on February 15, 2005 (LCB File No. R137-04),
which amended this section, contains the following provision not included in
NAC:
“Notwithstanding any provision of NAC 459.95348 to the contrary, an owner
or operator who, on February 15, 2005, holds an annual registration covering
all the processes subject to the tier A or tier B program that was issued
pursuant to the former provisions of NAC
459.95348 shall be deemed to hold an annual registration for those
processes issued pursuant to the provisions of NAC 459.95348 as amended by this
regulation.”
NAC 459.9535 Annual registration: Information concerning facility. (NRS 459.3818, 459.3822,
459.3833) Information
about the facility on the annual registration form must include:
1. The name, street, city, county, state,
zip code, latitude and longitude of the facility, the method for obtaining the
latitude and longitude, and a description of the location that the latitude and
longitude represent.
2. The Dun & Bradstreet number for the
facility.
3. The name and Dun & Bradstreet number
of any parent corporation.
4. The name, telephone number and mailing
address of the owner or operator.
5. The name and title of the person with
overall responsibility for the implementation of C.A.P.P.
6. The name, title, telephone number during
normal business hours and telephone number that is available 24 hours per day
of an emergency contact.
7. For each process:
(a) The name and C.A.S. number of each substance.
(b) The maximum quantity of each substance on-site
between June 1 of the previous year and May 31 of the current year. For a new
process, the owner or operator shall include in its annual registration form
information about the maximum inventory they expect to have on-site through the
following May 31.
(c) The N.A.I.C.S. code that is applicable to the
process.
8. The identifier assigned by the United
States Environmental Protection Agency, if any, to the facility.
9. The number of full-time employees at the
facility.
10. Whether the facility is subject to 29
C.F.R. § 1910.119.
11. Whether the facility is subject to 40
C.F.R. Part 355.
12. Whether the facility has an operating
permit pursuant to 40 C.F.R. Part 70 and, if applicable, the permit number.
13. The date of the last safety inspection
of the facility by a federal, state or local governmental agency and the
identity of the inspecting entity.
(Added to NAC by Environmental Comm’n by R121-98, 5-27-99,
eff. 6-21-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95354 Annual registration: Accident history of facility. (NRS 459.3818, 459.3822,
459.3833) An
annual registration must include an accident history of the facility for the
period starting on June 1 of the previous year and ending on May 31 of the
current year. The accident history of the facility must include a description
of:
1. Any unanticipated or unusual event at the
facility that resulted in the release, including, without limitation, any
accidental releases, of any highly hazardous substance or explosive; and
2. The efforts undertaken by the owner and
operator of the facility to assess the reasons and develop a remedy for the
release or accidental release of the substance.
(Added to NAC by Environmental Comm’n by R121-98, 5-27-99,
eff. 6-21-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
Hazard Assessments
NAC 459.95364 Parameters for analysis of off-site consequences. (NRS 459.3818, 459.3833)
1. An owner or operator shall use the
following endpoints when preparing an analysis of off-site consequences:
(a) For toxic highly hazardous substances, the
toxic endpoints provided pursuant to NAC
459.9533;
(b) For flammable highly hazardous substances and
explosives:
(1) In a scenario that studies the potential
effects of an explosion, an overpressure of 1 psi (0.0703 kilograms per square
centimeter);
(2) In a scenario that studies radiant heat
and exposure time, a radiant heat of 5 kw/m2 (1586 BTU per hour per
square foot) for 40 seconds; or
(3) In a scenario that studies the lower
flammability limit, the lower flammability limit provided by the N.F.P.A. or
other generally recognized sources; or
(c) If an endpoint is not provided pursuant to NAC 459.9533 or a substance is not
designated or classified as toxic, flammable or explosive pursuant to NAC 459.9533, the owner or operator shall
define an appropriate endpoint that results in the greatest impact to employees
and public receptors. The owner or operator shall define a toxic endpoint in a
manner that is comparable to the health impacts defined by the 2020
Emergency Response Guidebook, which is adopted by reference pursuant to NAC 459.95528, and shall define a
flammable or explosive endpoint as set forth in paragraph (b).
2. The owner or operator shall use a wind
speed of 1.5 meters per second (4.9 feet per second) and an atmospheric
stability class of F when preparing the worst-case release analysis, except
that, if the owner or operator demonstrates that local meteorological data show
a higher minimum wind speed or less stable atmosphere at all times during the
previous 3 years, these minimums may be used. For an analysis of an alternative
scenario, the owner or operator shall use the typical meteorological
conditions.
3. Except as otherwise provided in this
subsection, the owner or operator shall use the highest daily maximum
temperature during the previous 3 years and the average humidity for the site
based on temperature and humidity data gathered on-site or at a local meteorological
station for a worst-case release analysis involving a toxic highly hazardous
substance. A facility using the R.M.P. Guidance for Off-Site Consequence
Analysis, which is adopted by reference pursuant to NAC 459.95528, may use 25°C (77°F)
and 50 percent humidity as values for these variables. For an analysis of an
alternative scenario, the owner or operator may use typical temperature and
humidity data gathered on-site or at a local meteorological station.
4. The owner or operator shall analyze:
(a) A worst-case release of a toxic highly
hazardous substance assuming a ground level (0 feet) release.
(b) An alternative scenario involving a toxic
highly hazardous substance using the release height that is determined by the
release scenario.
5. The owner or operator shall use urban or
rural topography for a worst-case release scenario or an alternative scenario,
as appropriate. An urban topography has many obstacles, such as buildings and
trees, in the immediate area. A rural topography has no buildings in the
immediate area, and the terrain is generally flat and unobstructed.
6. The owner or operator shall ensure that
any table or model used for a dispersion analysis of a toxic highly hazardous
substance appropriately accounts for gas density.
7. For a worst-case release analysis, the
owner or operator shall assume that a liquid other than a gas which is
liquefied by refrigeration only is released at the highest daily maximum temperature
based on data for the previous 3 years appropriate for the facility, or at
process temperature, whichever is higher. For an alternative scenario, the
owner or operator may assume that the substance is released at a process or
ambient temperature which is appropriate for the scenario.
8. As used in this section, “typical meteorological conditions” means the
temperature, wind speed, cloud cover and atmospheric stability class that
prevail at the site based on data gathered at or near the site or from a local
meteorological station.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005; R103-22, 12-29-2022)
NAC 459.95366 Analysis of worst-case scenarios. (NRS 459.3818, 459.3833)
1. The owner or operator of a facility may
use the guidelines set forth in the R.M.P. Guidance for Off-Site Consequence
Analysis, which is adopted by reference pursuant to NAC 459.95528, to calculate any of the
values required in this section.
2. For each process, the owner or operator
shall prepare:
(a) One worst-case release scenario that is
estimated to create the greatest distance in any direction to an endpoint
resulting from an accidental release of a toxic highly hazardous substance
under worst-case conditions as described in NAC
459.95364;
(b) One worst-case release scenario that is
estimated to create the greatest distance in any direction to an endpoint
resulting from an accidental ignition or detonation of a flammable or explosive
substance under worst-case release conditions as described in NAC 459.95364; and
(c) Additional worst-case release scenarios for a
facility if:
(1) A worst-case release from another process
at the facility potentially affects different public receptors than those
affected by the worst-case release scenario prepared pursuant to paragraphs (a)
and (b); or
(2) A toxic or flammable highly hazardous
substance is present in excess of the threshold quantity and was not considered
as part of the worst-case release scenarios prepared pursuant to paragraphs (a)
and (b).
3. When preparing a worst-case release
scenario:
(a) For a highly hazardous substance, the owner or
operator shall assume that the release quantity is the greater of:
(1) For substances in a vessel, the greatest
amount held in a single vessel, taking into account administrative controls
that limit the maximum quantity.
(2) For substances in pipes, the greatest
amount in a pipe, taking into account administrative controls that limit the
maximum quantity.
(b) For an explosive, the owner or operator shall
select the inventory that produces the greatest distance to an endpoint.
4. The owner or operator shall model each
substance as a toxic substance, a flammable substance or an explosive as
described in NAC 459.9533. If a
substance is not described as a toxic substance, a flammable substance or an
explosive pursuant to NAC 459.9533, the
owner or operator shall select the scenario providing the most significant
impact on employees and the public.
5. For toxic substances that are normally
gases at ambient temperature and handled as a gas or as a liquid under
pressure, the owner or operator shall:
(a) Assume that the quantity in the vessel or pipe,
as determined pursuant to subsection 3, is released as a gas over a period of
10 minutes;
(b) Assume that the release rate, in pounds per
minute, is the total quantity divided by 10, unless passive mitigation systems
are in place; and
(c) Calculate the impact of passive mitigation
measures on the release rate using the R.M.P. Guidance for Off-Site
Consequence Analysis, which is adopted by reference pursuant to NAC 459.95528.
6. For gases handled as refrigerated liquids
at ambient pressure, the owner or operator:
(a) Shall assume that the substance is released as
a gas in 10 minutes, if the released substance is not contained by passive
mitigation systems or if the contained pool would have a depth of 1 cm (0.39
inch) or less; and
(b) May assume that the quantity of the substance
in the vessel or pipe, as determined pursuant to subsection 3, is spilled
instantaneously to form a liquid pool, if the released substance is contained
by passive mitigation systems in a pool with a depth greater than 1 cm (0.39
inch). The owner or operator shall calculate the volatilization rate at the
boiling point of the substance and at the conditions set forth in subsections
7, 8 and 9.
7. For toxic substances that are normally
liquids at ambient temperature, the owner or operator shall assume that the
quantity in the vessel or pipe, as determined pursuant to subsection 3, is
spilled instantaneously to form a liquid pool. The owner or operator shall
determine the surface area of the pool by assuming that the liquid spreads to 1
cm (0.39 inch) deep, unless passive mitigation systems are in place that serve
to contain the spill and limit the surface area. If passive mitigation is in
place, the owner or operator shall use the surface area of the contained liquid
to calculate the volatilization rate. If the release would occur onto a surface
that is not paved or smooth, the owner or operator may take into account the
actual surface characteristics.
8. When determining the volatilization rate
for purposes of subsection 7, the owner or operator shall account for:
(a) The highest daily maximum temperature occurring
during the past 3 years;
(b) The temperature of the substance in the vessel;
and
(c) If the liquid spilled is a mixture or solution,
the concentration of the substance.
9. For purposes of subsection 7, the owner
or operator shall determine the rate of release to air from the volatilization
rate of the liquid pool determined pursuant to subsection 8. The owner or
operator may use the methodology set forth in the R.M.P. Guidance for
Off-Site Consequence Analysis, which is adopted by reference pursuant to NAC 459.95528, or another publicly
available technique that accounts for the modeling conditions and is recognized
in the industry as a current practice. The owner or operator may use a
proprietary model that accounts for the modeling conditions if the owner or
operator allows the Division access to the model and describes to local
emergency planners, upon request, the features of the model and any differences
from publicly available models.
10. The owner or operator shall assume that
the quantity of the flammable substance determined pursuant to subsection 3
vaporizes resulting in a vapor cloud explosion. The owner or operator shall use
a yield factor of 10 percent of the available energy released in the explosion
to determine the distance to the explosion endpoint if the model used is based
on TNT-equivalent methods.
11. For explosives, the owner or operator
shall employ methods for calculating overpressure based upon generally accepted
practices.
12. The owner or operator shall use the
parameters defined in NAC 459.95364 to
determine the distance to the endpoints. The owner or operator may use the
methodology provided in the R.M.P. Guidance for Off-Site Consequence
Analysis, which is adopted by reference pursuant to NAC 459.95528, or any commercially or
publicly available technique for air dispersion modeling if the technique
accounts for the modeling conditions and is recognized in the industry as a
current practice. The owner or operator may use a proprietary model that
accounts for the modeling conditions if the owner or operator allows the
Division access to the model and describes to local emergency planners, upon
request, the features of the model and any differences in the model from
publicly available models.
13. The owner or operator may consider
passive mitigation systems for the worst-case release scenario analysis if the
mitigation system is capable of withstanding the event that triggered the
release and still function as intended.
14. Notwithstanding the provisions of
subsection 3, the owner or operator shall select as the worst-case scenario for
a flammable substance, the worst-case scenario for a toxic highly hazardous
substance or the worst-case scenario for an explosive, a scenario based on
proximity to the boundary of the facility and smaller quantities of the
substance handled at a higher process temperature or pressure if such a
scenario would result in a greater distance to an endpoint beyond the facility
boundary than the scenario provided pursuant to subsection 3.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95368 Analysis of alternative release scenarios. (NRS 459.3818, 459.3833)
1. The owner or operator shall identify and
analyze at least one alternative release scenario for each toxic highly
hazardous substance that is used in a process and at least one alternative
release scenario to represent all flammable highly hazardous substances or
explosives that are used in processes.
2. The facility may use the R.M.P.
Guidance for Off-Site Consequence Analysis, which is adopted by reference
pursuant to NAC 459.95528, to
calculate any of the values required in this section.
3. For each scenario required pursuant to
subsection 1, the owner or operator shall select a scenario that:
(a) Is more likely to occur than the worst-case
release scenario developed pursuant to NAC
459.95366; and
(b) Will reach an endpoint off-site. If no
alternate release scenario will reach an endpoint off-site, then the owner or
operator shall select the alternate release scenario with the most significant
on-site impact.
4. The owner or operator shall consider,
without limitation and where applicable, scenarios in which:
(a) A transfer hose releases because of splits or
sudden uncoupling of the hose;
(b) Process piping releases because of a failure at
a flange, joint, weld, valve and valve seal, drain or bleed;
(c) A process vessel or pump releases because of a
crack or a failure of a seal, drain, bleed or plug;
(d) A vessel overfills and spills, or
overpressurizes and vents through a relief valve or rupture disc; and
(e) A shipping container is mishandled and thereby
breaks or is punctured leading to a spill.
5. The owner or operator:
(a) Shall use the appropriate parameters set forth
in NAC 459.95364 to determine the
distance to the endpoints;
(b) May use:
(1) The methodology provided in the R.M.P.
Guidance for Off-Site Consequence Analysis, which is adopted by reference
pursuant to NAC 459.95528; or
(2) A commercially or publicly available
technique for air dispersion modeling, if the technique accounts for the
specified modeling conditions and is recognized in the industry as a current
practice; and
(c) May use a proprietary model that accounts for
the modeling conditions if the owner or operator allows the Division access to
the model and describes to local emergency planners, upon request, the features
of the model and any differences from publicly available models.
6. The owner or operator may consider active
and passive mitigation systems for an alternative release scenario if the
mitigation systems are capable of withstanding the event that triggered the
release and still function as intended.
7. When selecting the alternative release
scenarios, the owner or operator shall consider, without limitation:
(a) Any accidental release and any incident that
was investigated pursuant to NAC 459.95429;
and
(b) The analyses performed pursuant to NAC 459.95414.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.9537 Estimation of population potentially affected. (NRS 459.3818, 459.3833)
1. The owner or operator shall estimate the
population within a circle that has its center at the point of the release and
a radius that is the equivalent of the distance to the endpoint determined
pursuant to NAC 459.95364. In making
the estimation of the population, the owner or operator shall take into account
the presence of institutions, such as schools, hospitals, prisons, parks and
recreational areas, and major commercial, office and industrial buildings
within the circle.
2. The owner or operator may use the R.M.P.
Guidance for Off-Site Consequence Analysis, which is adopted by reference
pursuant to NAC 459.95528, to
calculate the values required in this section.
3. The owner or operator may use the most
recent census data or any other updated information to estimate the population
potentially affected.
4. The owner or operator shall estimate the
population to two significant digits.
5. The owner or operator shall maintain at
his or her facility the current estimate of population made pursuant to this
section.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95372 Definition of environmental receptors. (NRS 459.3818, 459.3833)
1. The owner or operator shall define the
environmental receptors within a circle with its center at the point of the
release and a radius that is the equivalent of the distance to the endpoint
determined pursuant to NAC 459.95364.
2. The owner or operator may use the R.M.P.
Guidance for Off-Site Consequence Analysis, which is adopted by reference
pursuant to NAC 459.95528, to
calculate the values required in this section.
3. The owner or operator may rely on
information provided on local maps prepared by the United States Geological
Survey or on any source containing United States Geological Survey data to
identify environmental receptors.
4. The owner or operator shall maintain at
his or her facility the current list of environmental receptors defined by the
owner or operator pursuant to this section.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95374 Review and update of off-site consequence analyses; revised
analyses. (NRS
459.3818, 459.3833)
1. The owner or operator shall review and
update the off-site consequence analyses developed pursuant to NAC 459.95364 to 459.95372, inclusive, at least once every
5 years.
2. If there is a change at a facility in a
process that involves a highly hazardous substance or explosive or the quantity
of such a substance or explosive that is stored or handled at the facility, or
if any other change at the facility might reasonably be expected to increase or
decrease the distance to the endpoint by a factor of two or more, the owner or
operator shall prepare a revised analysis not later than 6 months after the
change.
3. The owner or operator shall maintain at his
or her facility the revised analysis prepared pursuant to this section.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95376 Documentation to be maintained concerning worst-case release
scenarios and alternative release scenarios. (NRS
459.3818, 459.3833) The owner or operator
shall maintain at his or her facility:
1. For worst-case release scenarios:
(a) A description of the vessel or pipeline and
substance that the owner or operator selected as worst-case; and
(b) A list of the assumptions and parameters that
the owner or operator used, including, without limitation:
(1) A description of any administrative
controls and passive mitigation that the owner or operator assumed to limit the
quantity of the substance which would be released;
(2) The anticipated effect of the controls and
mitigation on the release quantity and rate; and
(3) The reasons why the owner or operator
selected these assumptions and parameters.
2. For alternative release scenarios:
(a) A description of the scenarios that the owner
or operator identified; and
(b) A list of the assumptions and parameters that
the owner or operator used, including, without limitation:
(1) A description of any administrative
controls and active or passive mitigation that the owner or operator assumed to
limit the quantity of the substance which would be released;
(2) The anticipated effect of the controls and
mitigation on the release quantity and rate; and
(3) The reasons why the owner or operator
selected these assumptions and parameters.
3. For worst-case scenarios and alternative
release scenarios:
(a) Documentation of:
(1) The estimated quantity released, release
rate and duration of release;
(2) The methodology that the owner or operator
used to determine the distance to the endpoints; and
(3) The data that the owner or operator used
to estimate the population and environmental receptors which potentially will
be affected; and
(b) Verification that the active and passive
mitigation systems are designed to remain functional under the conditions of
the release scenarios.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99)
Prevention Programs
NAC 459.95412 Compilation of information concerning process safety. (NRS 459.3818, 459.3833)
1. The owner or operator of a facility with
a process that is subject to C.A.P.P. shall compile written information
concerning process safety before conducting a process hazard analysis required
pursuant to NAC 459.95414.
2. The information concerning process safety
must include, without limitation, information pertaining to:
(a) The hazards of the highly hazardous substances
or explosives, including, without limitation:
(1) Toxicity information;
(2) Permissible exposure limits;
(3) Physical data;
(4) Reactivity data;
(5) Corrosivity data;
(6) Thermal and chemical stability data; and
(7) The foreseeable hazardous effects of
inadvertent mixing of different materials.
Ê Material
safety data sheets that satisfy the requirements of 29 C.F.R. § 1910.1200(g)
may be used to comply with this requirement to the extent they contain the
information required by this paragraph.
(b) The technology of the process, including,
without limitation:
(1) A block flow diagram or simplified process
flow diagram;
(2) The process chemistry;
(3) The maximum intended inventory;
(4) The safe upper and lower limits for any
applicable process variable, including, without limitation, temperature,
pressure, flow and composition; and
(5) An evaluation of the consequences of
deviations.
(c) The equipment in the process, including,
without limitation:
(1) The materials of construction;
(2) Piping and instrument diagrams;
(3) Electrical classification;
(4) The design of the relief system and the
basis for the design;
(5) The design of the ventilation system;
(6) Design codes and standards that were
employed;
(7) The material and energy balances for processes
that were built after May 26, 1992; and
(8) The safety systems, such as interlocks,
detection or suppression systems.
3. The owner or operator shall evaluate
processes and equipment for conformance to applicable codes, standards and good
engineering practices and document that the processes and equipment comply with
recognized and generally accepted good engineering practices.
4. For existing processes and equipment
designed and constructed in accordance with codes, standards or practices that
are no longer in general use, the owner or operator shall determine and
document that the equipment is designed, maintained, inspected, tested and
operating in a safe manner.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95414 Process hazard analysis. (NRS
459.3818, 459.3833)
1. The owner or operator shall perform an initial
process hazard analysis on a process that is subject to C.A.P.P. before
introducing highly hazardous substances or explosives to the process.
2. An owner or operator may use a process
hazard analysis that was previously completed to comply with NRS 459.380 to 459.3874, inclusive, or 29 C.F.R. §
1910.119(e) to satisfy the requirement to perform an initial process hazard
analysis provided that the analysis reflects the current process.
3. The owner or operator shall obtain the
approval of the Division concerning the methodology of the process hazard
analysis before conducting the analysis.
4. The owner or operator shall select one or
more of the following methodologies as required by the complexity of the
process:
(a) A “what if” analysis;
(b) A checklist;
(c) A “what if” analysis combined with a checklist;
(d) A hazard and operability study;
(e) A failure mode and effects analysis;
(f) A fault tree analysis; or
(g) An appropriate equivalent methodology.
5. When preparing a process hazard analysis,
an owner or operator shall consider:
(a) The hazards of the process;
(b) Any previous incident that had a likely
potential for catastrophic consequences, including, without limitation, near
misses or accidental releases;
(c) The engineering and administrative controls
that are applicable to the hazards and their interrelationships, including,
without limitation, the appropriate application of detection methodologies such
as process monitoring, control instrumentation with alarms or detection
hardware;
(d) The consequences of a failure of engineering
and administrative controls;
(e) The siting of the facility;
(f) The human factors; and
(g) A qualitative evaluation of a range of the
possible safety and health effects of a failure of controls.
6. If not evaluated as part of the process
hazard analysis pursuant to subsections 1 to 5, inclusive, a separate, dedicated
hazard analysis, utilizing a checklist or other appropriate method, must be
conducted to evaluate:
(a) Human factors;
(b) Facility siting; and
(c) External forces.
7. The owner or operator shall conduct the
process hazard analysis with a team with expertise in engineering and process
operations. The team must consist of two or more persons and include at least:
(a) One member who has experience and knowledge
specific to the process being evaluated; and
(b) One member who is knowledgeable in the methodology
for the specific process hazard analysis being used.
8. The owner or operator shall:
(a) Promptly evaluate the findings and
recommendations of the team formed pursuant to subsection 7;
(b) Determine and document a course of action based
on the evaluation;
(c) Develop a written schedule of when the actions
are to be completed;
(d) Complete the actions as soon as possible and
document each such completion; and
(e) Communicate the actions to operating,
maintenance and other employees whose work assignments are in the process and
who may be affected by the recommendations or actions.
9. At least once every 5 years after the
completion of the initial process hazard analysis, a team that satisfies the
requirements of subsection 7 shall update and revalidate the process hazard
analysis to ensure that the process hazard analysis is consistent with the
current process.
10. A process hazard analysis must be
updated and revalidated using a team meeting the requirements of subsection 7
and pursuant to the procedures set forth in NAC
459.9549 to 459.955, inclusive.
11. An owner or operator shall retain a
process hazard analysis and an update and revalidation for each process subject
to this section, as well as any documented resolution of recommendations
described in subsection 8, for the life of the process.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95416 Operating procedures. (NRS
459.3818, 459.3833)
1. The owner or operator of a facility with
a process that is subject to C.A.P.P. shall develop and implement written
operating procedures for that process which:
(a) Are consistent with the process safety
information developed pursuant to NAC
459.95412; and
(b) Provide clear instructions for safely
conducting such a process.
2. The operating procedures must include:
(a) Steps for each operating phase, including,
without limitation, steps for:
(1) The initial start-up;
(2) Normal operations;
(3) Temporary operations;
(4) An emergency shutdown, including, without
limitation, a description of the conditions under which an emergency shutdown
is required and the assignment of responsibility for a shutdown to a qualified
operator;
(5) Emergency operations;
(6) A normal shutdown; and
(7) Start-up following a turnaround or an
emergency shutdown.
(b) Operating limits, including, without
limitation:
(1) The consequences of a deviation; and
(2) The steps required to correct or avoid a
deviation.
(c) Safety and health considerations, including,
without limitation:
(1) The properties of, and hazards presented
by, the chemicals used in the process;
(2) The precautions that are necessary to
prevent exposure, including, without limitation, engineering controls,
administrative controls and personal protective equipment;
(3) Control measures to be taken if physical
contact or airborne exposure occurs;
(4) Quality control for raw materials;
(5) Control of hazardous chemical inventory
levels; and
(6) Any special or unique hazards.
(d) A description of the safety systems and their
functions.
3. The owner or operator shall:
(a) Ensure that the operating procedures are
readily accessible to employees who work in or maintain an applicable process;
(b) Review the operating procedures as often as
necessary to ensure that they reflect current operating practice, including,
without limitation, any change to a process that may result from a change in
process chemicals, technology or equipment;
(c) Certify annually that the operating procedures
are current and accurate; and
(d) Develop and implement safe work practices for
employees and contractors to provide for the control of:
(1) Hazards during a lockout or tagout;
(2) Hazards during a confined space entry;
(3) Hazards while opening the equipment or
piping associated with a process;
(4) Entrance into the facility by maintenance,
contractor, laboratory or other support personnel; and
(5) Any other hazards that may be encountered.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95418 Training procedures. (NRS
459.3818, 459.3833) The owner or operator of a
facility with a process that is subject to C.A.P.P.:
1. Shall, except as otherwise provided in
subsection 2, ensure that each employee who is operating a process or will
operate a process is trained in an overview of the process and in the operating
procedures created pursuant to NAC
459.95416. Such training must include, without limitation, training in:
(a) The layout of the plant;
(b) The location of equipment and instruments;
(c) The specific safety and health hazards;
(d) Emergency operations, including, without
limitation, procedures for an emergency shutdown;
(e) Safe work practices that are applicable to the
job tasks of the employee; and
(f) The program for the management of changes
developed and implemented pursuant to NAC
459.95423, including instruction on how to recognize activities that are
not replacement in kind.
2. May, in lieu of providing the training
required pursuant to subsection 1, certify in writing that an employee who was
operating a process on May 26, 1992, possesses the required knowledge, skills
and abilities to carry out the duties and responsibilities safely as specified
in the operating procedures.
3. Shall provide an employee with refresher
training at least once every 3 years, and more often if it is determined after
consultation with the employees who operate the process to be necessary, to
ensure that the employee understands and adheres to the current operating
procedures of the process.
4. May provide employees with any
combination of classroom and field training, including, without limitation,
on-the-job training. Training must, at a minimum, follow a predefined syllabus
or checklist to ensure that each employee receives training which is essential
to his or her job performance. On-the-job training, if it is the only method
employed, does not satisfy the requirements of this subsection unless it
follows a predefined syllabus or checklist.
5. Shall ascertain that each employee who
operates a process has received and understood the training required pursuant
to this section.
6. Shall prepare records that include,
without limitation:
(a) The identity of the employee;
(b) The date of training;
(c) The substance of the training provided on that
date; and
(d) The means used to verify that the employee
understood the training, including, without limitation, any test records from
such verification.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95421 Procedures for maintenance of equipment. (NRS 459.3818, 459.3833)
1. The owner or operator of a facility with
a process subject to C.A.P.P. shall:
(a) Establish and implement written procedures to
ensure the ongoing integrity of the equipment listed in subsection 2;
(b) Provide each employee who is involved in
maintaining the ongoing integrity of the equipment listed in subsection 2 with:
(1) An overview of the process that uses the
equipment and the potential hazards of the process;
(2) Training in the procedures that are
applicable to the job tasks of the employee to ensure that the employee can
perform the job tasks in a safe manner; and
(3) Training in the program for the management
of changes developed and implemented pursuant to NAC 459.95423, including instruction on
how to recognize activities that are not replacement in kind;
(c) Perform inspections and tests on process
equipment listed in subsection 2;
(d) Ensure that the procedures for inspection and
testing follow recognized and generally accepted good engineering practices;
(e) Ensure that the inspections and tests of the
equipment are performed:
(1) In the frequency required by good
engineering practices and consistent with any applicable recommendations from
the manufacturer of the equipment; or
(2) More frequently if determined to be
necessary by previous experience in operating the equipment;
(f) Document each inspection and test that has been
performed on the equipment, including, without limitation, documentation of:
(1) The date of the inspection or test;
(2) The name of the person who performed the
inspection or test;
(3) The serial number or other identifier of
the equipment on which the inspection or test was performed;
(4) A description of the inspection or test
performed; and
(5) The results of the inspection or test;
(g) Correct any deficiencies in the equipment that
are outside the acceptable limits which are described by the process safety
information developed pursuant to NAC
459.95412 before using the equipment again;
(h) In the construction of new processes and
equipment, ensure that the equipment, as fabricated, is suitable for the
process for which it will be used;
(i) Perform appropriate checks and inspections to
ensure that equipment is installed properly and consistent with design specifications
and instructions from the manufacturer; and
(j) Ensure that maintenance materials, spare parts
and equipment are suitable for the process for which they will be used.
2. This section applies to:
(a) Pressure vessels and storage tanks;
(b) Piping systems, including, without limitation,
piping components such as valves;
(c) Relief and vent systems and devices;
(d) Emergency shutdown systems;
(e) Controls, including, without limitation,
monitoring devices and sensors, alarms and interlocks; and
(f) Rotating equipment.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95423 Procedures for management of certain changes. (NRS 459.3818, 459.3833) The
owner or operator of a facility with a process that is subject to C.A.P.P.
shall:
1. Establish and implement written
procedures to manage changes, other than a replacement in kind, to:
(a) Chemicals, technology, equipment and procedures
that are used in a process; and
(b) Buildings, structures and equipment that affect
a process;
2. Evaluate the impact of changes to
organizational structure or staffing levels on the implementation of the
prevention program and the emergency response program;
3. Ensure that the procedures established
pursuant to subsection 1 require that the following considerations are
addressed before one of the changes described in subsection 1 occur and that
the procedures specify the criteria for review and approval of each of the
following considerations:
(a) The technical basis for the proposed change;
(b) The impact of change on safety and health;
(c) Whether any modifications to operating
procedures will be necessary;
(d) The time necessary to make the proposed change;
and
(e) The requirements for authorization for the
elements of the proposed change;
4. Inform and train for the change any
employee who is involved in the operation of the process that is affected by
the change and any maintenance or contract employee whose job tasks will be
affected by the change before the start-up of the process or of the affected
part of the process; and
5. Update:
(a) The process safety information required
pursuant to NAC 459.95412; and
(b) The operating procedures or practices required
pursuant to NAC 459.95416.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95425 Pre-start-up safety review. (NRS
459.3818, 459.3833)
1. The owner or operator of a facility with
a process that is subject to C.A.P.P. shall perform a pre-start-up safety
review for new facilities and for modified facilities when the modification is
significant enough to require a change in the process safety information.
2. A pre-start-up safety review must confirm
that before a highly hazardous substance or explosive is introduced into a
process:
(a) Construction and equipment is in accordance
with design specifications;
(b) Safety, operating, maintenance and emergency
procedures are in place and are adequate;
(c) For new or modified facilities, a process
hazard analysis has been performed and recommendations have been resolved or
implemented before start-up;
(d) Modified facilities meet the requirements
concerning the management of changes set forth in NAC 459.95423; and
(e) Training of each employee involved in operating
and maintaining the process has been completed.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95427 Evaluation and documentation of compliance. (NRS 459.3818, 459.3833)
1. The owner or operator of a facility with
a process that is subject to C.A.P.P. shall:
(a) Certify at least once every 3 years that an
evaluation has been performed of whether adequate procedures and practices as
required pursuant to NAC 459.95412 to 459.95442, inclusive, have been developed
and implemented;
(b) Create a report of the findings of the
evaluation made pursuant to paragraph (a);
(c) Promptly determine and document an appropriate
response to any deficiency that is discovered during the evaluation;
(d) Document that any deficiency discovered during
the evaluation has been corrected; and
(e) Retain the two most recent reports.
2. The evaluation must be conducted by at
least one person who is knowledgeable in the process.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95429 Investigation of incidents; incident reports; corrective action. (NRS 459.3818, 459.3833) The
owner or operator of a facility with a process that is subject to C.A.P.P.
shall:
1. Investigate any incident that resulted
in, or could reasonably have resulted in, a catastrophic release and take
corrective action to prevent recurrence of the incident.
2. Initiate the investigation of the
incident as promptly as possible, but not later than 48 hours after the
incident.
3. Establish a team to investigate the
incident. The team must consist of two or more persons and include at least:
(a) One person who is knowledgeable in the process
involved, including, without limitation, a contract employee if his or her work
was involved in the incident; and
(b) One person who possesses appropriate knowledge
and experience to investigate and analyze the incident thoroughly.
4. Prepare an incident report at the
conclusion of the investigation which must include, at a minimum:
(a) The date of the incident;
(b) The date the investigation of the incident
began;
(c) A description of the incident;
(d) The factors that contributed to the incident;
and
(e) Recommendations resulting from the
investigation.
5. Establish a system to address and resolve
the findings and recommendations of the incident report promptly.
6. Document any solutions and corrective
actions taken.
7. Ensure that the incident report is
reviewed with all affected personnel whose job tasks are relevant to the
findings of the incident report, including, without limitation, contract
employees where applicable.
8. Retain the incident report for 5 years.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95431 Employee participation. (NRS
459.3818, 459.3833) The owner or operator of a
facility with a process that is subject to C.A.P.P. shall:
1. Develop a written plan of action
regarding the implementation of the employee participation required by this
section;
2. Consult with employees and their
representatives about:
(a) Conducting and developing process hazard
analyses; and
(b) Developing and implementing the other
requirements of NAC 459.95412 to 459.95442, inclusive; and
3. Provide to employees and their
representatives access to process hazard analyses and other information which
is developed pursuant to NAC 459.95412
to 459.95442, inclusive.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95433 Hot work permits. (NRS
459.3818, 459.3833) The owner or operator of a
facility with a process that is subject to C.A.P.P. shall:
1. Issue a hot work permit for hot work
conducted on or near a process;
2. Document in the permit:
(a) That the fire prevention and protection
requirements in 29 C.F.R. § 1910.252(a) are implemented before beginning hot
work;
(b) The dates which are authorized for hot work;
and
(c) The object on which hot work is to be
performed; and
3. Keep the permit on file until completion
of the hot work.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95435 Duties of owner or operator concerning contractors; duties of
contractors. (NRS
459.3818, 459.3833)
1. The owner or operator of a facility with
a process that is subject to C.A.P.P. shall:
(a) When selecting a contractor, obtain and
evaluate information regarding the safety performance and programs of the
contractor;
(b) Inform the contractor of known potential fire,
explosion or toxic release hazards related to the work of the contractor and to
the process on which he or she is working;
(c) Explain to the contractor the applicable
provisions of NAC 459.9544 and 459.95442;
(d) Develop and implement safe work practices
consistent with NAC 459.95416; and
(e) Periodically evaluate the performance of the
contractor in satisfying the requirements of subsection 2.
2. The contractor shall:
(a) Ensure that each of the contractor’s employees
who will work on the process is trained in the work practices necessary to
perform his or her job safely;
(b) Ensure that each of the contractor’s employees
who will work on the process is instructed in:
(1) The known potential fire, explosion or
toxic release hazards related to his or her job and the process on which he or
she is working; and
(2) The applicable provisions of the emergency
action plan;
(c) Document that each of the contractor’s
employees who will work on the process has received and understood the training
required pursuant to this subsection;
(d) Prepare a record that contains:
(1) The identity of the employee;
(2) The date of training; and
(3) The means used to verify that the employee
understood the training;
(e) Ensure that each of the contractor’s employees
who works on the process follows the safety rules of the facility, including,
without limitation, the safe work practices required pursuant to NAC 459.95416; and
(f) Advise the owner or operator of any unique
hazards presented by or found during the work of an employee.
3. This section:
(a) Applies to contractors who perform maintenance
or repair, turnaround, major renovation, or specialty work on or adjacent to a
process.
(b) Does not apply to contractors who provide
incidental services that do not influence process safety, including, without
limitation, janitorial work, food and drink services, laundry, delivery or
other supply services.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
Emergency Response Programs
NAC 459.9544 Compliance; exemption. (NRS
459.3818, 459.3833)
1. Except as otherwise provided in
subsection 2, the owner or operator of a facility with a process that is
subject to C.A.P.P. shall comply with the requirements of NAC 459.95442.
2. The owner or operator of a facility in
which the employees will not respond to an accidental release is not required
to comply with the provisions of NAC
459.95442 if:
(a) For facilities subject to 29 C.F.R. Part 1910,
the facility has implemented a written emergency action plan that contains the
elements set forth in 29 C.F.R. § 1910.38(c)-(f);
(b) Appropriate mechanisms are in place to notify
emergency responders when there is a need for a response; and
(c) The facility has coordinated response actions
with the local fire department. For response actions to be coordinated, the
owner or operator shall:
(1) Identify the first responding fire station
and hazardous materials response station;
(2) Review the written emergency action plan
and appropriate mechanisms for notification developed for the facility with the
responders identified in subparagraph (1) or their representatives;
(3) Keep a written record of such review
meetings, including comments by the responders or their representatives to the
written emergency action plan and appropriate mechanisms for notification of
the responders; and
(4) Update information on a basis agreeable to
the owner or operator and the responders.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
NAC 459.95442 Establishment and implementation; review and coordination;
written program. (NRS
459.3818, 459.3833)
1. An owner or operator shall:
(a) Establish and implement an emergency response
program to protect employees, public health and the environment, which program
must include:
(1) For facilities subject to 29 C.F.R. Part
1910, a written emergency action plan that contains the elements set forth in
29 C.F.R. § 1910.38(c)-(f);
(2) For facilities subject to 29 C.F.R. Part
1910, a program that contains the elements outlined in 29 C.F.R. § 1910.120(q);
(3) Procedures for informing the public and
local emergency response agencies about an accidental release;
(4) Documentation of proper first-aid and
emergency medical treatment necessary to treat accidental human exposures;
(5) Procedures and measures for emergency
response after an accidental release;
(6) Procedures for the use, inspection,
testing and maintenance of emergency response equipment;
(7) Training for all employees in relevant procedures
for emergency response; and
(8) Procedures to review and update, as
appropriate, the emergency response program to reflect changes at the facility
and ensure that employees are informed of changes.
(b) Review and coordinate the emergency response
program developed pursuant to paragraph (a) with local emergency responders.
For response actions to be coordinated, the owner or operator shall:
(1) Identify the first responding fire station
and hazardous materials response station;
(2) Review the emergency response program
developed for the facility with the responders identified in subparagraph (1)
or their representatives;
(3) Keep a written record of such review
meetings, including comments by the responders or their representatives to the
emergency response program for the facility; and
(4) Update information on a basis agreeable to
the owner or operator and the responder.
2. A written program satisfies the
requirements of this section if it:
(a) Complies with other federal contingency plan
regulations and the requirements set forth in subsection 1; or
(b) Complies with the requirements set forth in
subsection 1 and is consistent with the approach of the National Response
Team’s Integrated Contingency Plan Guidance set forth in 61 Fed. Reg.
28,641-28,664 and 31,103-31,104 (1996).
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)
Two or More Releases From Facility
NAC 459.95486 Prerequisites for exemption of process from C.A.P.P.; continued
compliance. (NRS
459.3813, 459.3818)
1. A process that is otherwise subject to
C.A.P.P. pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NAC 459.95323 is not subject to C.A.P.P.
if:
(a) Two or more years have elapsed since the owner
or operator has registered pursuant to NAC
459.95348 and completed the process hazard analysis;
(b) The owner or operator has complied with all
relevant requirements of C.A.P.P.;
(c) The recommendations developed pursuant to
subsection 8 of NAC 459.95414 are
implemented; and
(d) The State Environmental Commission has granted
the exemption pursuant to NAC 459.95488.
2. The Division shall require continued
compliance with C.A.P.P. until the recommendations from the process hazard
analysis are completed and the State Environmental Commission has granted the
exemption pursuant to NAC 459.95488.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95488 Grant of exemption from C.A.P.P.: Procedure; considerations. (NRS 459.3813, 459.3818,
459.3832)
1. In order to be granted an exemption by
the State Environmental Commission from C.A.P.P., the owner or operator of a
facility with a process that is subject to C.A.P.P. pursuant to subparagraph
(2) of paragraph (a) of subsection 1 of NAC
459.95323 must submit:
(a) A written letter to the Division requesting
exemption from C.A.P.P.; and
(b) A list indicating that the recommendations
developed pursuant to subsection 8 of NAC
459.95414 have been implemented. The list must be certified pursuant to NAC 459.95337.
2. Not later than 60 calendar days after the
Division receives the information submitted to it pursuant to subsection 1, the
Division shall verify compliance with paragraphs (a), (b) and (c) of subsection
1 of NAC 459.95486.
3. Not later than 90 calendar days after the
Division receives the information submitted to it pursuant to subsection 1, the
Division shall:
(a) Document its findings concerning the
verification made pursuant to subsection 2; and
(b) Notify the owner or operator in writing of the
findings made pursuant to paragraph (a).
4. Once the owner or operator has received
notice that the Division has verified compliance with paragraphs (a), (b) and
(c) of subsection 1 of NAC 459.95486,
he or she may petition the State Environmental Commission to become exempt from
C.A.P.P. by filing with the Secretary of the State Environmental Commission:
(a) A letter requesting exemption from C.A.P.P.;
and
(b) A copy of the findings of the Division made
pursuant to subsection 3.
5. Upon receiving the letter and findings
from an owner or operator pursuant to subsection 4, the Secretary of the State
Environmental Commission shall:
(a) Schedule a review of the petition at the next
meeting of the State Environmental Commission; and
(b) Notify the public by publication and the use of
public service announcements of the petition.
6. At the hearing, the State Environmental
Commission will consider the following to determine whether it will grant the
petition:
(a) Whether the causes of any releases have been
adequately mitigated to prevent future releases;
(b) Whether the facility has an adequate program in
place to maintain the accident prevention program established pursuant to
C.A.P.P.;
(c) Whether the Division believes that the
exemption should be granted; and
(d) Whether the facility has had an accidental
release since becoming subject to C.A.P.P.
7. If the State Environmental Commission:
(a) Grants the exemption, the exemption will become
effective on the day following the hearing.
(b) Does not grant the exemption, the Commission
will provide the owner or operator with an explanation of the reason the
Commission denied the exemption.
8. The owner or operator may reapply for the
exemption at any time.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
Revalidation of Process Hazard Analysis
NAC 459.9549 General requirements; new analysis in lieu of revalidation. (NRS 459.3818, 459.3833)
1. The revalidation of a process hazard
analysis that is required pursuant to NAC
459.95414 must:
(a) Confirm pursuant to NAC 459.95496, 459.95498 and 459.955 that the analysis is valid for the
current process;
(b) Determine the status of recommendations from
the previous process hazard analysis; and
(c) Satisfy the requirements of NAC 459.95414.
2. The owner or operator may perform a new
process hazard analysis in lieu of revalidating a previous analysis, if:
(a) The process hazard analysis satisfies the
requirements of NAC 459.95414; and
(b) All the supporting information, including,
without limitation, the process safety information, operating procedures,
training program, mechanical integrity program and emergency response program
reflect current operations.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95496 Current process safety information and hazard assessment. (NRS 459.3818, 459.3833)
1. A revalidated process hazard analysis
must reflect current process safety information required pursuant to NAC 459.95412. The owner or operator
shall document specifically how the accuracy of the process safety information
was validated.
2. A revalidated process hazard analysis
must reflect the current hazard assessment.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95498 Current procedures and programs. (NRS
459.3818, 459.3833) A
revalidated process hazard analysis must reflect current operating procedures,
training programs, maintenance programs and emergency response programs
required pursuant to NAC 459.95416, 459.95418, 459.95421, 459.9544 and 459.95442. The owner or operator shall
document specifically how the accuracy of such information was validated.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.955 Consideration of incidents; recommendations for correction of
deficiencies. (NRS
459.3818, 459.3833)
1. All incidents that had the potential for,
or actually resulted in, a release, fire or explosion involving a highly
hazardous substance or explosive must be considered by the person or team
conducting a revalidation of a process hazard analysis.
2. The revalidation of the analysis must
include, without limitation:
(a) A review of the recommendations that were made
as a result of the investigation; and
(b) Confirmation that the recommendations are being
implemented in a timely manner.
3. If a deficient element of a prevention
program was a contributing factor to an incident, the person or team conducting
the revalidation shall make recommendations to correct the deficiency.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
Administration and Enforcement
NAC 459.9552 Site inspections. (NRS
459.3818, 459.3832, 459.3833,
459.387)
1. The Division shall conduct a site
inspection pursuant to this section at least once per year for each facility
registered pursuant to NAC 459.95348.
2. The Division may request information from
the owner or operator of the facility in advance of any inspection related to
compliance with any C.A.P.P. requirement. The Division may require that any
information submitted pursuant to this subsection be certified pursuant to NAC 459.95337.
3. Except as otherwise provided in
subsection 4, during a site inspection, the Division shall:
(a) Evaluate whether the facility is in compliance
with the requirements of its:
(1) Prevention program;
(2) Emergency response program; and
(3) Hazard assessment; and
(b) Validate information submitted by the owner or
operator of the facility.
4. The Division is not obligated to perform
the evaluation pursuant to paragraph (a) of subsection 3 in its entirety on an
annual basis, but may fulfill the requirements of paragraph (a) of subsection 3
over multiple inspections, prioritizing the order of the evaluation by
perceived program deficiencies and potential hazard.
5. The Division must document the inspection
results in a written report. The report must include, without limitation:
(a) The name of the facility, dates of inspection
and the names of facility personnel present;
(b) Processes reviewed and hazardous materials
involved;
(c) The findings and conclusions of the inspection;
and
(d) The corrective actions required of the owner or
operator of the facility.
6. Copies of the report prepared pursuant to
subsection 5 must:
(a) Be placed in the facility file, which must be
available for public review; and
(b) Be sent to the owner or operator of the
facility.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R137-04, 2-15-2005)
NAC 459.95521 Investigation of accidents. (NRS
459.3818, 459.38195, 459.3824)
1. The Division may investigate an accident
occurring in connection with a process that involves one or more highly
hazardous substances or explosives at a facility which results in an
uncontrolled emission, fire or explosion and which presents or presented an
imminent and substantial danger to the health of the employees of the facility,
the public health or the environment, to determine the cause of the accident if
the owner or operator of the facility:
(a) Is unwilling to commence and has not commenced
an investigation of the accident in a timely manner; or
(b) Is not capable of conducting an investigation
and has not retained persons who have expertise to conduct an investigation of
the accident.
2. Except as otherwise provided in
subsection 3, before the Division commences an investigation of an accident,
the Division must provide written notice to the owner or operator:
(a) Defining the scope of the investigation;
(b) Citing the Division’s authority and the reasons
pursuant to subsection 1 for conducting the investigation;
(c) Providing an explanation of how the Division’s
costs will be recovered; and
(d) Informing the owner or operator that if the
owner or operator fails to commence an investigation of the accident within 24
hours after receiving the written notice, the Division will commence its
investigation of the accident and begin accruing costs.
3. The provisions of subsection 2 do not
preclude the Division from commencing its investigation immediately if the
Division determines that time is of the essence in gathering data.
4. The decision by the Division to conduct
an investigation pursuant to this section does not relieve the owner or
operator of the obligation to investigate pursuant to NAC 459.95429.
5. Except as otherwise provided in
subsection 6, the Division shall accrue costs for the investigation and invoice
the owner or operator the following amounts:
(a) For activities conducted by personnel of the
Division, except as otherwise provided in subsection 7, the amount of $103 per
hour;
(b) For activities conducted by contractors, an
amount equal to the cost to the Division; and
(c) Such other amounts as are necessary for the
Division to recover all costs incurred by the Division in conducting the
investigation.
6. In no event may the total amount invoiced
by the Division pursuant to subsection 5 for an investigation exceed the total
costs incurred by the Division in conducting the investigation.
7. For the fiscal year beginning on July 1,
2024, and for each fiscal year thereafter, the Director shall increase the
hourly rate set forth in subsection 5 by an amount that is equal to 2 percent
of the hourly rate for the immediately preceding fiscal year. The Director may,
during any fiscal year, suspend an increase in a rate specified in this
subsection.
8. The Director shall post on the Internet
website of the Division the hourly rate set forth in subsection 5 that is
applicable for each fiscal year.
9. An investigation conducted by the
Division pursuant to this section shall be deemed complete when, to the
satisfaction of the Division:
(a) The direct cause of the accident and each
contributing cause or potential cause of the accident has been identified;
(b) Each root cause of the accident, or each
potential root cause, has been identified;
(c) The remedial steps to prevent recurrence of the
accident have been identified; and
(d) The remedial steps so identified have been
implemented.
10. As used in this section:
(a) “Direct cause of the accident” means the
condition or event that resulted in the accident.
(b) “Expertise to conduct an investigation” means
having technical or operational knowledge plus knowledge of investigative
techniques to make a determination of the direct, contributing and root causes
of an accident.
(c) “In a timely manner” means to start the
investigation process with a formally defined investigation team within 48
hours after the accident.
(d) “Is not capable of conducting an investigation”
means that the owner or operator does not have the expertise to conduct an
investigation within the group of employees and contractors of the owner or
operator.
(e) “Root cause of the accident” means a condition
or event that, if corrected, would prevent recurrence of the accident.
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005; A by R103-22, 12-29-2022)
NAC 459.95523 Protection of confidentiality of certain information. (NRS 459.3818, 459.3822,
459.3824)
1. The Division shall, in accordance with
this section and NRS 459.3822,
protect the confidentiality of any information that is obtained pursuant to
C.A.P.P., including any information obtained through an observation made by the
Division during a visit to a facility.
2. To protect the confidentiality of
information, the owner or operator of the facility must request such protection
in writing, indicating which information is to be protected and stating how the
conditions in NRS 459.3822 are
satisfied, and pay a fee of $1,000 per request.
3. A request for, and the granting of, the
protection of the confidentiality of information made pursuant to this section
does not constitute a request for, or the granting of, an extension of any
deadlines for reporting required pursuant to C.A.P.P., and the pending status
of such a request does not prohibit access to the information or facility by
the Division.
4. In addition to providing the confidential
information to the Division, the owner or operator of the facility for which
protection of the confidentiality of information is obtained pursuant to this
section shall, upon the request of the Division, provide a redacted version of
any submitted information that is intended for public review which substitutes
the term “CBI” or provides generic information for the information deemed
confidential.
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005; A by R103-22, 12-29-2022)
NAC 459.95526 Administration and enforcement of certain federal regulations. (NRS 459.3818, 459.3833)
1. The provisions of this section apply only
during periods when federal authority is delegated to the Division pursuant to
Subpart E of 40 C.F.R. Part 63.
2. Upon receiving delegation of federal
authority pursuant to Subpart E of 40 C.F.R. Part 63, the Division shall
administer and enforce the provisions of 40 C.F.R. §§ 68.3 to 68.215,
inclusive, and Appendix A of 40 C.F.R. Part 68, which are hereby adopted by
reference.
3. A copy of the volume that contains 40
C.F.R. §§ 68.3 to 68.215, inclusive, or Appendix A of 40 C.F.R. Part 68 can be
obtained by mail from the U.S. Government Publishing Office, P.O. Box 979050,
St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at
a cost of $34. These sections are also available, free of charge, from the
electronic Code of Federal Regulations at the Internet address http://www.ecfr.gov.
(Added to NAC by Environmental Comm’n by R137-04, eff.
2-15-2005; A by R103-22, 12-29-2022)
NAC 459.95528 Adoption by reference of certain codes and standards. (NRS 459.3818, 459.3833) The
following provisions are hereby adopted by reference:
1. Codes 211112, 32211, 32411, 32511,
325181, 325188, 325192, 325199, 325211, 325311 and 32532 of the 2002 version of
the N.A.I.C.S. A copy of the N.A.I.C.S. is available, free of charge, at the
Internet address http://www.census.gov/naics.
2. N.F.P.A. 704: Standard System for the
Identification of the Hazards of Materials for Emergency Response, 2001
edition. A copy may be obtained from the National Fire Protection Association,
1 Batterymarch Park, Quincy, Massachusetts 02169-7471 at a cost of $67.50 for
members or $75 for nonmembers.
3. N.F.P.A. 30: Flammable and
Combustible Liquids Code, 2003 edition. A copy may be obtained from
the National Fire Protection Association, 1 Batterymarch Park, Quincy,
Massachusetts 02169-7471 at a cost of $100.80 for members or $112 for
nonmembers.
4. 2020 Emergency Response Guidebook.
A copy may be obtained free of charge at the Internet address http://www.phmsa.dot.gov.
5. R.M.P. Guidance for Off-Site
Consequence Analysis. A copy may be obtained free of charge from the United
States Environmental Protection Agency, National Service Center for
Environmental Publications, at the Internet address http://www.epa.gov/rmp.
6. N.F.P.A. 70, the 2002 version of
the National Electrical Code. A copy may be obtained from the National
Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts
02169-7471 at a cost of $140.40 for members or $156 for nonmembers.
7. 49 C.F.R. § 172.101. A copy of the volume
that contains 49 C.F.R. § 172.101 may be obtained by mail from the U.S.
Government Publishing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000,
or by toll-free telephone at (866) 512-1800, at a cost of $70. That section is
also available, free of charge, from the electronic Code of Federal Regulations
at the Internet address http://www.ecfr.gov.
8. ASME B31.3 - 1999 Process Piping with
Addenda. A copy of this standard is available for public inspection at the
main office of the Division, 901 South Stewart Street, Suite 4001, Carson City,
Nevada 89701.
9. ASME B31.5 - 2001 Refrigeration Piping
and Heat Transfer Components. A copy of this standard is available for
public inspection at the main office of the Division, 901 South Stewart Street,
Suite 4001, Carson City, Nevada 89701.
(Added to NAC by Environmental Comm’n by R121-98, eff.
5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005; R103-22, 12-29-2022)
NUCLEAR PROJECTS
NAC 459.960 Definitions. (NRS
459.0092) As
used in NAC 459.960 to 459.969, inclusive, unless the context
otherwise requires, the words and terms defined in NRS 459.009 have the meanings
ascribed to them in that section.
(Added to NAC by Comm’n on Nuclear Projects, eff. 6-23-86)
NAC 459.963 Clarification of regulations. (NRS
459.0092)
1. An interested party may obtain
clarification of any of the provisions of NAC
459.960 to 459.969, inclusive, by
directing a request to the Executive Director of the Agency at the following
address:
Agency for Nuclear
Projects/Nuclear
Waste Project Office
Capitol Complex
1802 North Carson
Street, Suite 252
Carson City, Nevada 89710
2. If the requester is dissatisfied with the
response of the Executive Director, he or she may petition the Commission for
such clarification. In order to be heard at its next regularly scheduled
meeting, the petition must be received by the Commission in time to be included
as an item on the agenda for that meeting.
(Added to NAC by Comm’n on Nuclear Projects, eff. 6-23-86)
NAC 459.965 Meetings of Commission. (NRS
459.0092) Regular
meetings of the Commission will be scheduled at the pleasure of a majority of
the members of the Commission. Special meetings may be called by the Chair to
consider matters which must be addressed in advance of the regular meeting.
Interested parties may present items for the Commission to consider for
inclusion in the agenda for special or regularly scheduled meetings.
(Added to NAC by Comm’n on Nuclear Projects, eff. 6-23-86)
NAC 459.967 Correspondence with Agency. (NRS
459.0092) All
written communications, payments, transactions and other pertinent documents
involving the business of the Agency must be addressed to the Executive
Director, who shall receive and process the documents or assign the matter to
the administrator of a division of the Agency for disposition. The Executive
Director or a person on the staff delegated by him or her shall respond to any
correspondence in the name of the Agency.
(Added to NAC by Comm’n on Nuclear Projects, eff. 6-23-86)
NAC 459.969 Notification of action of Agency; fee for copies. (NRS 459.0092)
1. The Agency shall notify every person who
has submitted a written request to be notified of any significant action by the
Agency, including the adoption of rules or regulations. Each such request
expires each year on December 31. A renewal of such a request for the following
year may be made on or after December 1. Information disseminated pursuant to
such a request must be sent to the last address filed by the person with the
Agency.
2. The Agency may charge a person who is not
a governmental entity a fee for providing copies of any regulations of the
Commission. The fee must be based on the cost of reproduction.
(Added to NAC by Comm’n on Nuclear Projects, eff. 6-23-86)
CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES
General Provisions
NAC 459.96902 Definitions. (NRS
459.485, 459.500) As used in NAC 459.96902 to 459.9699, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.96904 to 459.96944, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96904 “Accuracy” defined. (NRS
459.485, 459.500) “Accuracy” has the meaning
ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96906 “Analyst” defined. (NRS
459.485, 459.500) “Analyst” means a chemist,
microbiologist, physicist or technician who:
1. Is qualified to conduct analyses of waste
samples pursuant to the provisions of the manual specified in paragraph (e) of
subsection 1 of NAC 459.96948; and
2. Performs those tests or assists in
performing those tests with other qualified employees of a certified
laboratory.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96908 “Analyte” defined. (NRS
459.485, 459.500) “Analyte” means any
compound, element, radical, isotope, contaminant organism, species or other
substance for which a waste sample is tested by a laboratory.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9691 “Approved method of testing” defined. (NRS 459.485, 459.500) “Approved
method of testing” means a laboratory procedure specified in subsection 4 of NAC 459.96958 that is approved by the
Environmental Protection Agency or the Division to test a waste sample.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96912 “Certified laboratory” defined. (NRS
459.485, 459.500) “Certified laboratory”
means a laboratory for which a certificate to conduct analyses of waste samples
is issued pursuant to the provisions of NAC
459.96902 to 459.9699, inclusive.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96914 “Commission” defined. (NRS
459.485, 459.500) “Commission” means the
State Environmental Commission.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96916 “Director” defined. (NRS
459.485, 459.500) “Director” means:
1. A person who is qualified to administer
any technical or scientific operation of a certified laboratory and supervise
the procedures for the testing and reporting of the results of tests pursuant
to the provisions of the Standards; or
2. A chemist, microbiologist or physicist
who is qualified to engage in an activity specified in subsection 1 pursuant to
the provisions of the manual specified in paragraph (e) of subsection 1 of NAC 459.96948.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96918 “Division” defined. (NRS
459.485, 459.500) “Division” means the
Division of Environmental Protection of the State Department of Conservation
and Natural Resources.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9692 “Federal Act” defined. (NRS
459.485, 459.500) “Federal Act” means the
Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96922 “National Environmental Laboratory Accreditation Conference”
defined. (NRS
459.485, 459.500) “National Environmental
Laboratory Accreditation Conference” has the meaning ascribed to it in Appendix
A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96924 “National Environmental Laboratory Accreditation Program”
defined. (NRS
459.485, 459.500) “National Environmental
Laboratory Accreditation Program” has the meaning ascribed to it in Appendix A
of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96926 “Performance-based measurement system” defined. (NRS 459.485, 459.500) “Performance-based
measurement system” has the meaning ascribed to it in Appendix A of chapter 1
of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96928 “Precision” defined. (NRS
459.485, 459.500) “Precision” has the
meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9693 “Proficiency test sample” defined. (NRS 459.485, 459.500) “Proficiency
test sample” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96932 “Proficiency testing program” defined. (NRS 459.485, 459.500) “Proficiency
testing program” has the meaning ascribed to it in Appendix A of chapter 1 of
the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96934 “Quality control sample” defined. (NRS 459.485, 459.500) “Quality
control sample” means an uncontaminated waste sample that is spiked with a
known analyte and provided to a laboratory for analysis to determine the
performance of the laboratory in testing for the presence of that analyte by
using a specified method of testing for the analyte.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96936 “Quality manual” defined. (NRS
459.485, 459.500) “Quality manual” has the
meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96938 “Sensitivity” defined. (NRS
459.485, 459.500) “Sensitivity” has the
meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9694 “Spike” defined. (NRS
459.485, 459.500) “Spike” has the meaning
ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96942 “Standards” defined. (NRS
459.485, 459.500) “Standards” means
the Standards of the National Environmental Laboratory Accreditation
Conference adopted by reference pursuant to the provisions of NAC 459.96946.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96944 “Waste sample” defined. (NRS
459.485, 459.500) “Waste sample” means a
sample of any substance obtained from any natural source or any other source to
identify whether waste is hazardous waste or to detect the presence of
hazardous waste or a regulated substance in soil or water.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
Guidelines and Procedures
NAC 459.96946 Adoption by reference of National Environmental Laboratory
Accreditation Conference-Constitution, Bylaws, and Standards. (NRS 459.485, 459.500) The
Commission hereby adopts by reference the National Environmental Laboratory
Accreditation Conference-Constitution, Bylaws, and Standards, EPA
600/R-98/151, in the form most recently published by the Environmental
Protection Agency, unless the Commission gives notice pursuant to the
provisions of NAC 459.9699 that the
most recent publication is not suitable for this State. The publication is
available, free of charge, from the Environmental Protection Agency, Office of
Research and Development, 401 M Street, SW, Washington, D.C. 20460, or from the
Environmental Protection Agency at the Internet address http://www.epa.gov/nerlesd1/land-sci/nelac/index.html.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96948 Adoption by reference of certain publications related to sample collection
procedures, analytical methodologies and requirements for certification. (NRS 459.485, 459.500)
1. The Commission hereby adopts by reference
the following publications in the forms most recently published, unless the
Commission gives notice pursuant to the provisions of NAC 459.9699 that the most recent
publication is not suitable for this State. The publications are available,
unless otherwise provided in this section, by mail from the National Technical
Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, or by
telephone at (800) 553-6847. The publications may also be obtained from the
National Technical Information Service at the Internet address http://www.ntis.gov/ordering.htm.
The publications are:
(a) Consensus Method for Determining
Groundwaters Under the Direct Influence of Surface Water Using Microscopic
Particulate Analysis (MPA), EPA/910/9-92/029, Order Number PB93-180818, for
the price of $37.
(b) DBP/ICR Analytical Methods Manual,
EPA/814/B-96/002, Order Number PB96-157516, for the price of $52.
(c) ICR Microbial Laboratory Manual,
EPA/600/R-95/178, Order Number PB96-157557, for the price of $74.
(d) ICR Sampling Manual, April 1996,
EPA/814/B-96/001, Order Number PB96-157508, for the price of $52.
(e) Manual for the Certification of Laboratories
Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, 4th
edition, EPA/815/B-97/001, Order Number PB97-171490, for the price of $51.
(f) Method 100.2: Determination of Asbestos
Structures over 10 Micrometers in Length in Drinking Water, June 1994,
EPA/600/R-94/134, Order Number PB94-201902, for the price of $33.50.
(g) Method 1613: Tetra-Through Octa-Chlorinated
Dioxins and Furans by Isotope Dilution HRGC/HRMS, Revision B, October 1994,
EPA/821/B-94/005, Order Number PB95-104774, for the price of $39.50.
(h) Method 1664, Revision A: N-Hexane
Extractable Material (HEM; Oil and Grease) and Silica Gel Treated N-Hexane
Extractable Material (SGT-HEM; Non-Polar Material) by Extraction and Gravimetry,
February 1999, EPA/821/R-98/002, Order Number PB99-121949, for the price of
$33.50. The publication is also available, free of charge, from the
Environmental Protection Agency at the Internet address http://www.epa.gov/ost/methods/1664f051.html.
(i) Methods for the Determination of Inorganic
Substances in Environmental Samples, August 1993, EPA/600/R-93/100, Order
Number PB94-120821, for the price of $52.
(j) Methods for the Determination of Metals in
Environmental Samples, EPA/600/4-91/010, Order Number PB91-231498, for the
price of $81.
(k) Methods for the Determination of Metals in
Environmental Samples, Supplement I, EPA/600/R-94/111, Order Number
PB95-125472, for the price of $74.
(l) Methods for the Determination of
Nonconventional Pesticides in Municipal and Industrial Wastewater, Volume I,
Revision 1, August 1993, EPA/821/R-93/010A, Order Number PB94-121654, for
the price of $152.50.
(m) Methods for the Determination of Organic
Compounds in Drinking Water, Supplement 1, EPA/600/4-90/020, Order Number
PB91-146027, for the price of $68.50.
(n) Methods for the Determination of Organic
Compounds in Drinking Water, Supplement 2, EPA/600/R-92/129, Order Number
PB92-207703, for the price of $74.
(o) Methods for the Determination of Organic
Compounds in Drinking Water, Supplement 3, EPA/600/R-95/131, Order Number
PB95-261616, for the price of $117.
(p) Methods for Measuring the Acute Toxicity of
Effluents and Receiving Waters to Freshwater and Marine Organisms, 4th
edition, EPA/600/4-90/027F, Order Number PB94-114733, for the price of $81.
(q) Short-Term Methods for Estimating the
Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms,
3rd edition, EPA/600/4-91/002, Order Number PB96-141452, for the price of
$86.50.
(r) Short-Term Methods for Estimating the
Chronic Toxicity of Effluents and Receiving Water to Marine and Estuarine
Organisms, 2nd edition, EPA/600/4-91/003, Order Number PB96-141445, for the
price of $111.50.
(s) Technical Notes on Drinking Water Methods,
EPA/600/R-94/173, Order Number PB95-104766, for the price of $37.
(t) Test Methods for “Escherichia Coli” in
Drinking Water: EC Medium with Mug Tube Procedure, Nutrient Agar with Mug
Membrane Filter Procedure, EPA/600/4-91/016, Order Number PB91-234591, for
the price of $17.50.
(u) USEPA Contract Laboratory Program: Statement
of Work for Organics Analysis: Multi-Media, Multi-Concentration, OLM01.0
(Includes Revisions OLM01.1 through OLM01.8), EPA/540/R-94/078, Order
Number PB95-963508, for the price of $100. The publication is also available,
free of charge, from the Environmental Protection Agency at the Internet
address http://www.epa.gov/superfund/programs/clp/organic.htm.
(v) USEPA Contract Laboratory Program: Statement
of Work for Inorganics Analysis: Multi-Media, Multi-Concentration, ILM02.1,
EPA/540/R-94/095, Order Number PB95-963514, for the price of $81. The
publication is also available, free of charge, from the Environmental
Protection Agency at the Internet address http://www.epa.gov/superfund/programs/clp/inorg.htm.
2. The Commission hereby adopts by reference
the following publications in the forms most recently published, unless the
Commission gives notice pursuant to the provisions of NAC 459.9699 that the most recent
publication is not suitable for this State. The publications are available by
mail from the National Technical Information Service, 5285 Port Royal Road,
Springfield, Virginia 22161, or by telephone at (800) 553-6847. The
publications are:
(a) Interim Radiochemical Methodology for
Drinking Water, EPA/600/4-75-008, Order Number PB253258, for the price of
$37.
(b) Method 100.1: Analytical Method for
Determination of Asbestos Fibers in Water, September 1983,
EPA/600/4-83-043, Order Number PB83-260471, for the price of $78.50.
(c) Methods for the Chemical Analysis of Water
and Wastes, EPA/600/4-79-020, Order Number PB84-128677, for the price of
$117.
(d) Methods for the Determination of Organic
Compounds in Drinking Water, Revised July 1991, EPA/600/4-88/039, Order
Number PB91-231480, for the price of $89.50.
(e) Prescribed Procedures for Measurement of
Radioactivity in Drinking Water, EPA/600/4-80-032, Order Number
PB80-224744, for the price of $47.50.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9695 Adoption by reference of Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, SW-846. (NRS
459.485, 459.500) The Commission hereby
adopts by reference Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, SW-846, 3rd edition, and Updates I, II, IIA,
IIB and III, Publication Number 955-001-00000-1, in the form most recently
published, unless the Commission gives notice pursuant to the provisions of NAC 459.9699 that the most recent
publication is not suitable for this State. The publication is available by
mail from the Superintendent of Documents, U.S. Government Printing Office,
P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at
(866) 512-1800, for the price of $367. The publication is also available, free
of charge, from the Environmental Protection Agency at the Internet address http://www.epa.gov/epaoswer/hazwaste/test/main.htm.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96952 Adoption by reference of Method 1600-Membrane Filter Test
Method for Enterococci in Water. (NRS
459.485, 459.500) The Commission hereby
adopts by reference Method 1600-Membrane Filter Test Method for Enterococci
in Water, May 1997, EPA-821-R-97-004, in the form most recently published,
unless the Commission gives notice pursuant to the provisions of NAC 459.9699 that the most recent
publication is not suitable for this State. The publication is available, free
of charge, by mail from the Environmental Protection Agency, National Center
for Environmental Publications and Information, P.O. Box 42419, Cincinnati,
Ohio 45242-0419, or by telephone at (800) 490-9198.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96954 Adoption of certain ASTM standards and other publications related
to calibration and testing laboratories, and examination of water and
wastewater. (NRS
459.485, 459.500) The following publications
are hereby adopted by the Commission in the forms most recently published,
unless the Environmental Protection Agency fails to publish notice of its
approval of the publication in the Federal Register or the Commission gives
notice pursuant to the provisions of NAC
459.9699 that the most recent publication is not suitable for this State:
1. Annual Book of ASTM Standards,
Section 5, “Petroleum Products, Lubricants, and Fossil Fuels,” which is
available by mail from ASTM International, 100 Barr Harbor Drive, West
Conshohocken, Pennsylvania 19428-2959, by telephone at (610) 832-9585 or at the
Internet address http://www.astm.org, for the price of $999.
2. Annual Book of ASTM Standards,
Section 11, “Water and Environmental Technology,” which is available by mail
from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania
19428-2959, by telephone at (610) 832-9585 or at the Internet address http://www.astm.org,
for the price of $906.
3. ISO/IEC Guide 25, General Requirements
for the Competence of Calibration and Testing Laboratories, 1990, which is
available by mail from Global Engineering Documents, 15 Inverness Way East,
Englewood, Colorado 80112-5776, by telephone at (800) 854-7179 or at the
Internet address http://www.global.ihs.com, for the price of $35.
4. Standard Methods for the Examination
of Water and Wastewater, Order Number 10079, available by mail from the
American Water Works Association, Customer Service, 6666 West Quincy Avenue,
Denver, Colorado 80235, by telephone at (800) 926-7337 or at the Internet address
http://www.awwa.org/bookstore/ProductList.cfm, for the price of $155 for
members and $200 for nonmembers.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96956 Interpretation of provisions; resolution of conflicting requirements.
(NRS 459.485, 459.500)
1. The provisions of NAC 459.96902 to 459.9699, inclusive, must not be
interpreted to circumvent any of those provisions to make them less effective.
If more than one interpretation exists for any of those provisions, the more
restrictive interpretation applies.
2. If any publication adopted by reference
pursuant to the provisions of NAC
459.96946 to 459.96954, inclusive,
conflicts with any provision of NAC
459.96902 to 459.9699, inclusive,
or with the Standards, the provision set forth in NAC 459.96902 to 459.9699, inclusive, or the Standards
applies.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96958 Scope of certification. (NRS
459.485, 459.500)
1. A laboratory may obtain certification
pursuant to the provisions of NAC
459.96902 to 459.9699, inclusive,
to perform analyses for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to identify
whether waste is hazardous waste or to detect the presence of hazardous waste
or a regulated substance in soil or water.
2. The scientific disciplines for which a
laboratory may obtain certification are:
(a) Chemistry;
(b) Microbiology; and
(c) Radiochemistry.
3. A laboratory may obtain certification
pursuant to the provisions of NAC
459.96902 to 459.9699, inclusive,
for any program relating to the analysis of a waste sample approved by the
Environmental Protection Agency pursuant to the Federal Act.
4. Except as otherwise provided in
subsection 5, the approved methods of testing for which a laboratory may obtain
certification are set forth in:
(a) Title 40 C.F.R. § 136.3 and Appendices A, C and
D to 40 C.F.R. Part 136;
(b) Title 40 C.F.R. § 260.11;
(c) Appendix I to 40 C.F.R. Part 261;
(d) Appendix IX to 40 C.F.R. Part 266;
(e) Appendices A and B to 40 C.F.R. Part 425;
(f) Title 40 C.F.R. § 434.64;
(g) Appendices 1 and 2 to 40 C.F.R. Part 435,
Subpart A;
(h) Table 7 to 40 C.F.R. Part 455;
(i) Title 40 C.F.R. § 465.03(c);
(j) Title 40 C.F.R. § 503.8; and
(k) The publications specified in NAC 459.96952, paragraphs (h) to (r),
inclusive, and (u) and (v) of subsection 1 of NAC 459.96948, NAC 459.9695 and subsections 1, 2 and 4 of
NAC 459.96954.
5. A laboratory may obtain certification to
use a performance-based measurement system or any other alternative method of
testing if the laboratory:
(a) Complies with the provisions of subsection 5 of
NAC 459.96962;
(b) Obtains approval for that method of testing from
the Environmental Protection Agency pursuant to the provisions of 40 C.F.R. §
403.7(b)(2)(v), 403.12(b)(5)(vi) or 403.12(g)(4);
(c) Complies with the requirements for application
set forth in 40 C.F.R. § 136.4; and
(d) Provides proof and evaluates the performance-based
measurement system or other alternative method of testing in accordance with
the provisions of:
(1) Appendix E of chapter 5 of the Standards;
(2) “Guidelines Establishing Test Procedures
for the Analysis of Pollutants: Flexibility in Existing Test Procedures and
Streamlined Approach for Approving New Test Methods,” set forth in Volume 62 of
the Federal Register at pages 14975 et seq., March 28, 1997; and
(3) “Performance Based Measurement System,”
set forth in Volume 62 of the Federal Register at pages 52098 et seq., October
6, 1997.
6. To be certified to conduct an analysis of
an analyte using an approved method of testing specified in subsection 4, the
analyte must be listed by the Division in the approved method of testing pursuant
to that subsection.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9696 Categories of analytes for which laboratory may be certified. (NRS 459.485, 459.500) For the
purposes of charging and collecting fees and conducting performance evaluations
pursuant to the provisions of NAC 459.96902
to 459.9699, inclusive, the Division
shall classify each analyte for which a laboratory may be certified into the
following categories:
1. Bulk asbestos analysis of hazardous waste.
2. Characteristics of hazardous waste.
3. Dioxin in hazardous waste.
4. Herbicides.
5. Immunoassay methods for hazardous waste.
6. Infrared analysis of hazardous waste.
7. Inorganic chemistry of hazardous waste.
8. Liquid chromatography for hazardous
waste.
9. Microbiology.
10. Miscellaneous screening methods for
hazardous waste.
11. Pesticides.
12. Physical properties of hazardous waste.
13. Polyaromatic hydrocarbons in hazardous
waste.
14. Polychlorinated biphenyls in hazardous
waste.
15. Radiochemistry of hazardous waste.
16. Semivolatile organic chemistry of
hazardous waste.
17. Toxicity bioassay of hazardous waste.
18. Trace metals in hazardous waste.
19. Volatile organic chemistry of hazardous
waste.
20. Any other individual contaminant.
21. Any other individual multicontaminant
method.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96962 Requirements for certification. (NRS
459.485, 459.500)
1. To be certified to conduct laboratory
testing, a laboratory must comply with the requirements set forth in sections
1.8.3, 4.1.1, 5.0, 5.1, 5.4 and 5.5 of the Standards.
2. To be certified in:
(a) Chemistry, a laboratory must comply with the
requirements set forth in section 1.8.5 and Appendix D.1 of chapter 5 of the Standards;
(b) Microbiology, a laboratory must comply with the
requirements set forth in section 1.8.7 and Appendix D.3 of chapter 5 of the Standards;
or
(c) Radiochemistry, a laboratory must comply with
the requirements set forth in section 1.8.8 and Appendix D.4 of chapter 5 of
the Standards.
3. To be certified pursuant to the program
specified in subsection 3 of NAC 459.96958,
a laboratory must comply with:
(a) If the laboratory supports a solid waste
disposal facility or a municipal solid waste landfill, the provisions
concerning:
(1) The requirements for a groundwater
monitoring program relating to sampling, preservation and transport, analysis,
chain-of-custody, quality assurance and quality control set forth in 40 C.F.R.
§§ 257.23(a) and 258.53(a); and
(2) The methodological requirements for the
testing of solid waste to determine whether the waste is subject to the land
disposal restrictions set forth in 40 C.F.R. §§ 268.7(a)(1), 268.7(b)(1) and
268.40(f).
(b) If the laboratory supports a hazardous waste
facility, the provisions concerning:
(1) The requirements for a waste analysis plan
relating to sampling, preservation and transport, analysis and chain-of-custody
set forth in 40 C.F.R. §§ 264.13 and 265.13;
(2) The requirements for a groundwater
monitoring plan set forth in 40 C.F.R. §§ 264.97(d), 264.97(e) and 265.92(a);
and
(3) If applicable to the laboratory, the
requirements for soil and soil-pore liquid monitoring set forth in 40 C.F.R. §
264.278(e).
(c) If the laboratory performs the testing of waste
to determine compliance with air emission standards from tanks, surface
impoundments or containers, the requirements for sampling and analysis set
forth in 40 C.F.R. § 265.1084.
(d) If the laboratory supports an underground
injection control program for hazardous waste, the requirements relating to an
approved waste analysis plan set forth in 40 C.F.R. § 146.68(a).
(e) If the laboratory performs testing to determine
compliance with air emission standards for process vents and equipment leaks,
the methodological requirements set forth in 40 C.F.R. §§ 264.1033(e)(1),
264.1034, 264.1063, 265.1033(e)(1), 265.1034 and 265.1063.
(f) If the laboratory performs the sampling and
analysis of hazardous waste burned in a boiler or industrial furnace, the
methodological requirements set forth in 40 C.F.R. §§ 266.100(c)(1)(ii),
266.100(f), 266.102(b), 266.104(e)(1), 266.106(g), 266.107(f) and 266.112(b).
(g) If the laboratory performs the analysis of
waste for a hazardous waste permit and a trial burn plan for incinerators,
boilers and industrial furnaces, the methodological requirements set forth in
40 C.F.R. §§ 270.19(c)(1)(iii), 270.22(a)(2)(ii)(B), 270.62(b)(2)(i)(C) and
270.66(c)(2)(i).
(h) If the laboratory supports the processing of
used oil or a re-refining facility, the requirements to determine whether used
oil is hazardous for representative sampling and the analytical methodological
requirements set forth in 40 C.F.R. §§ 279.10(b)(1)(ii), 279.44(c), 279.53(c),
279.55 and 279.63(c).
4. To be certified for an approved method of
testing, a laboratory must comply with the requirements for using that approved
method of testing specified in subsection 4 of NAC 459.96958 and the Standards.
If a conflict occurs between a provision specified in that subsection and the Standards
concerning an approved method of testing, the Standards apply. If a
manufacturer provides instructions for maintaining any equipment used for
testing or for ensuring the performance of any test or demonstrating the
performance of any system of measurement, the laboratory shall comply with
those instructions. If a conflict occurs between a provision of those
instructions and a provision specified in subsection 4 of NAC 459.96958 or the Standards,
the provisions specified in that section or the Standards apply.
5. If a laboratory intends to use a
performance-based measurement system or any other alternative method of
testing, the laboratory shall, before the Division conducts an inspection of
the laboratory pursuant to the provisions of NAC 459.96972, submit to the Division a
written statement setting forth the performance-based measurement system or
other alternative method of testing it intends to use. The Division may approve
the performance-based measurement system or alternative method of testing if,
as determined by the Division:
(a) The system or method is equivalent to or
exceeds the approved method of testing for accuracy, precision, completeness
and comparability relating to determining compliance with the regulatory
concentration levels or system conditions;
(b) An approved method of testing is not available
for use by the laboratory to determine the presence of an analyte for which the
laboratory requests certification pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive; or
(c) The laboratory obtains approval for the system
or method from the Environmental Protection Agency.
6. To be certified to test for a specific
analyte using an approved method of testing, a laboratory must comply with the
requirements established by the Division for the approved method of testing and
the standards for initial and continuing calibrations of test equipment and
demonstrations by analysts of precision, accuracy, sensitivity and low system
background for each analyte. If a conflict occurs between the requirements
established by the Division and the Standards, the Standards
apply.
7. As used in this section:
(a) “Limit of detection” means the smallest amount
or concentration of an analyte that can be reliably detected in a given sample
by a specific measurement process.
(b) “Low system background” means an analysis of a
method blank that does not yield contamination at a concentration that is
greater than the method detection limit or the limit of detection, whichever is
applicable to the particular analyte.
(c) “Method blank” has the meaning ascribed to it
in Appendix A of chapter 1 of the Standards.
(d) “Method detection limit” has the meaning ascribed
to it in Appendix A of chapter 1 of the Standards.
(e) “Quality assurance” has the meaning ascribed to
it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96964 Certification by Division or pursuant to National Environmental
Laboratory Accreditation Program. (NRS
459.485, 459.500)
1. A laboratory may apply for certification
by the Division or certification pursuant to the National Environmental
Laboratory Accreditation Program.
2. To obtain certification by the Division,
a laboratory must comply with the provisions of NAC 459.96902 to 459.9699, inclusive.
3. A laboratory that is certified by the
Division may provide analytical data for a waste sample originating in this
State for each analyte for which the laboratory is certified.
4. To obtain certification pursuant to the
National Environmental Laboratory Accreditation Program, a laboratory must:
(a) Comply with the provisions of NAC 459.96902 to 459.9699, inclusive;
(b) Before obtaining certification pursuant to the
Program and every 2 years after obtaining that certification, submit to an
assessment of the laboratory conducted at the laboratory under the direction of
a person who is approved pursuant to the Program; and
(c) Specify in its application for certification at
least one approved method of testing an analyte pursuant to the provisions of
subsections 4 and 6 of NAC 459.96958.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96966 Application for certification. (NRS
459.485, 459.500)
1. To apply for certification pursuant to
the provisions of NAC 459.96902 to 459.9699, inclusive, the director of the
laboratory for which certification is requested must submit an application to
the Division on a form approved by the Division. The application must be
accompanied by the fees prescribed in NAC
459.96986 and include the information specified in sections 4.1.7 and 4.1.9
of the Standards.
2. The provisions of this section do not
require an application and certificate for each building or other portion of a
certified laboratory that:
(a) Is operated by the same management, quality
manual and quality assurance officer as the certified laboratory;
(b) Uses only methods for which the laboratory is
certified;
(c) Does not issue reports directly but forwards
data to the certified laboratory for reporting purposes; and
(d) The Division determines is used to analyze the
same waste samples as the certified laboratory.
Ê As used in
this subsection, “quality assurance officer” means the quality assurance
officer specified in section 5.4.2 of the Standards.
3. The Division shall not consider an
application for certification submitted pursuant to this section to be complete
unless:
(a) The laboratory specifies in the application the
approved methods of testing in accordance with the provisions of NAC 459.96958;
(b) The laboratory satisfactorily analyzes
proficiency test samples in accordance with the provisions of NAC 459.96968;
(c) The laboratory adopts a quality manual and
submits the manual to the Division pursuant to the provisions of NAC 459.9697;
(d) Except for a laboratory that complies with the
provisions of NAC 459.96988, the
Division conducts an inspection of the laboratory for the approved methods of
testing analytes for which the laboratory requests certification pursuant to
the provisions of NAC 459.96972;
(e) If the report of an inspection of the
laboratory conducted by the Division includes any deficiency that must be
corrected, the laboratory submits to the Division a written plan to correct the
deficiency in accordance with the provisions of subsection 7 of NAC 459.96972;
(f) The director of the laboratory is qualified for
that position pursuant to the provisions of subsection 4.1 of chapter 4 of the Standards;
and
(g) The applicable fees prescribed in NAC 459.96986 have been paid.
4. An application for certification shall be
deemed withdrawn by the applicant if it is not completed pursuant to the
provisions of this section within 1 year after the Division receives the
application. The Division may extend the period in which an application must be
completed pursuant to this subsection if the applicant submits to the Division
a written request for an extension setting forth the reasons for the request.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96968 Participation in proficiency testing program. (NRS 459.485, 459.500)
1. Each laboratory for which an application
for certification is submitted and each certified laboratory must participate
in a proficiency testing program. The laboratory must:
(a) Obtain single-blind proficiency test samples
from a provider approved by a Proficiency Testing Oversight Body/Proficiency
Testing Provider Accreditor;
(b) Analyze the proficiency test samples, if
available, for each category of certification and analyte that is included in
the program; and
(c) Report the results of the analysis to the
provider specified in paragraph (a).
Ê If the
laboratory is a certified laboratory and if a test will be conducted for each
category of certification and analyte for which the laboratory is certified,
the certified laboratory must analyze a proficiency test sample pursuant to the
program not less than once every 6 months.
2. Each laboratory specified in subsection 1
shall pay the costs of subscribing to a program specified in that subsection.
3. Each laboratory specified in subsection 1
must satisfactorily analyze each analyte that is included in the program
specified in subsection 3 of NAC 459.96958
on two of the most recent three rounds of testing. Each laboratory shall,
before obtaining a proficiency test sample pursuant to paragraph (a) of
subsection 1, authorize the provider of the proficiency test sample to submit
to the Division the results of any test taken pursuant to the provisions of
this section. If the laboratory fails to provide that authorization, the
Division may refuse to consider the results of any test taken pursuant to those
provisions.
4. The Division shall consider the results
of any test taken pursuant to this section to be satisfactory if the results
are within the limits of acceptance established by the provider of the
proficiency test samples in accordance with the provisions of Appendix C of
chapter 2 of the Standards.
5. If the Division determines that the
results of a test are satisfactory, the laboratory may be certified to use any
approved method of testing for each analyte that is satisfactorily analyzed by
the laboratory if, as determined by the Division, data sufficient to validate
the use of that method of testing on an annual basis are available. If such
data are not available, the Division shall deny or revoke certification for
that method of testing. As used in this subsection, “data sufficient to
validate” means performance of an initial demonstration of capability as
defined in section 7.2.8 of the manual specified in paragraph (e) of subsection
1 of NAC 459.96948.
6. If a certified laboratory fails:
(a) Two rounds of testing pursuant to subsection 3,
the Division shall suspend the certification of that laboratory for each
analyte the laboratory failed to analyze during those rounds; or
(b) Three rounds of testing pursuant to that
subsection, the Division shall revoke the certification of that laboratory for
each analyte the laboratory failed to analyze during those rounds.
7. If the Division suspends the
certification of a certified laboratory pursuant to subsection 6 because the
laboratory failed two nonconsecutive rounds of testing, the Division shall
reinstate the certification of that laboratory for the method of testing an
analyte for which the certification was suspended if the certified laboratory
satisfactorily analyzes the analyte in a proficiency test sample that is
approved by the Division.
8. If the Division suspends the
certification of a certified laboratory pursuant to subsection 6 because the
laboratory failed to analyze an analyte on two consecutive rounds of testing,
the laboratory must satisfactorily analyze the analyte during each of two
consecutive rounds of testing conducted after the Division suspends the
certification.
9. If the Division revokes the certification
of a certified laboratory pursuant to subsection 6, the laboratory must:
(a) Analyze satisfactorily the analyte for which
the certification was revoked during each of two consecutive rounds of testing
conducted after the Division revoked the certification; and
(b) Reapply for certification and pay the
applicable fees pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive.
Ê If a
certified laboratory complies with the provisions of this subsection and is
otherwise qualified for certification pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, the Division shall
reinstate the certification of the laboratory for each method of testing and
analyte for which the laboratory was certified.
10. Each certified laboratory must comply
with the requirements concerning enrollment, testing, conduct and participation
in the program specified in subsection 1 pursuant to the provisions of sections
2.4, 2.5 and 2.7 of the Standards.
11. As used in this section, “Proficiency
Testing Oversight Body/Proficiency Testing Provider Accreditor” has the meaning
ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9697 Adoption of quality manual by laboratory; contents. (NRS 459.485, 459.500)
1. Each laboratory that applies for
certification pursuant to NAC 459.96902
to 459.9699, inclusive, shall adopt a
quality manual and comply with the provisions of that manual. The director of
the laboratory shall submit the manual to the Division before the Division
conducts an inspection of the laboratory.
2. Each quality manual specified in
subsection 1 must be adopted in accordance with the provisions of section 5.5
of the Standards and include, without limitation:
(a) A statement setting forth the requirements of
the laboratory for sensitivity, precision and accuracy for each method of
testing or analyte for which the laboratory requests certification;
(b) The policy of the laboratory concerning any
unauthorized use of data or fraudulent activity that occurs at the laboratory;
and
(c) The policy of the laboratory concerning the
collection of samples for the purpose of determining compliance with the
Federal Act. The policy must provide that:
(1) A person taking a sample shall sign and
date an attestation indicating the validity and authenticity of the sample; and
(2) Tampering with or intentionally
mislabeling the location, date, time or collection of a sample may be
considered grounds for the denial of an application for certification or the
revocation, suspension or limitation of certification pursuant to the
provisions of NAC 459.96974.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96972 Inspection of laboratory by Division. (NRS 459.485, 459.500)
1. Unless a laboratory satisfies the
provisions of paragraph (c) of subsection 2 of NAC 459.96988, the Division shall conduct
an inspection of the premises and operation of each certified laboratory or
laboratory for which an application for certification is submitted pursuant to
the provisions of NAC 459.96966. An
inspection conducted pursuant to this section must be conducted in accordance
with the provisions of sections 3.4 to 3.7, inclusive, of the Standards.
If a certified laboratory conducts analyses of waste samples, the laboratory
must be inspected in accordance with the manual adopted by reference pursuant
to the provisions of paragraph (e) of subsection 1 of NAC 459.96948. A certified laboratory
shall analyze a quality control sample for each method of testing an analyte
for which it is certified:
(a) At least once every 3 months; and
(b) Each time a new calibration curve is generated.
2. The Division shall conduct an inspection
specified in subsection 1:
(a) Not less than once every 2 years, if the
laboratory is a certified laboratory; or
(b) If the laboratory submits an application for
certification pursuant to the provisions of NAC
459.96966, not more than 30 days after the Division determines that the
laboratory has complied with the provisions of paragraphs (a), (b) and (c) of
subsection 3 of that section.
3. The Division may conduct an inspection of
a laboratory more than once every 2 years pursuant to this section if:
(a) The Division receives a complaint concerning
the quality of the laboratory from a member of the general public or any public
agency;
(b) The Division has reasonable cause to believe
the laboratory is engaging in fraudulent activity;
(c) The Division identifies deficiencies in the
operation of the laboratory after conducting an inspection of the laboratory
pursuant to this section;
(d) The laboratory notifies the Division pursuant
to the provisions of NAC 459.96982 of
any changes specified in that section; or
(e) Any circumstance specified in section 3.3 of
the Standards occurs.
4. An inspection conducted pursuant to the
provisions of this section may include, without limitation:
(a) Requiring the laboratory to conduct an analysis
of a proficiency test sample; and
(b) Photocopying, photographing or videotaping:
(1) Any part of the laboratory that is used
for analyzing waste samples pursuant to the Federal Act;
(2) Any equipment, activity, waste sample,
records or results of any test relating to the analysis of a waste sample
pursuant to the Federal Act;
(3) Any data concerning the control of the
quality of any analysis conducted by the laboratory pursuant to the Federal
Act; or
(4) Any other information required by the
Division to ensure compliance with the provisions of NAC 459.96902 to 459.9699, inclusive.
5. Except as otherwise provided in this
subsection, the Division shall announce each inspection conducted pursuant to
the provisions of this section. The Division may conduct an unannounced
inspection of a laboratory if the Division determines that such an inspection
is required to ensure compliance by the laboratory with the provisions of NAC 459.96902 to 459.9699, inclusive. In determining
whether to conduct an unannounced inspection, the Division shall consider:
(a) The laboratory’s record of compliance with the
provisions of NAC 459.96902 to 459.9699, inclusive;
(b) The results of any proficiency test taken by
the laboratory;
(c) The performance of any analyst or other
employee of the laboratory in conducting an analysis of a waste sample pursuant
to the provisions of NAC 459.96902 to 459.9699, inclusive;
(d) Any complaints concerning the laboratory that
the Division has received from members of the general public or any public
agency; and
(e) The performance of the laboratory in conducting
analyses pursuant to the provisions of NAC
459.96902 to 459.9699, inclusive.
6. If the Division conducts an inspection of
a laboratory pursuant to the provisions of this section, the laboratory shall:
(a) Ensure that any record or other information
which relates to compliance by the laboratory with the Federal Act or NAC 459.96902 to 459.9699, inclusive, and which is required
by the Division to conduct the inspection is available for review, including,
without limitation:
(1) The quality manual adopted pursuant to the
provisions of NAC 459.9697;
(2) Any information concerning the methods of
testing used by the laboratory;
(3) Any data concerning the control of the quality
of an analysis conducted by the laboratory; and
(4) Any information concerning any proficiency
test taken by the laboratory; and
(b) Allow the Division to:
(1) Examine any records of the laboratory
concerning the operation or certification of the laboratory that relate to
compliance by the laboratory with the Federal Act or NAC 459.96902 to 459.9699, inclusive;
(2) Observe the operation, facilities and
equipment of the laboratory that relate to compliance with the Federal Act or NAC 459.96902 to 459.9699, inclusive;
(3) Interview any employee of the laboratory
who performs duties relating to compliance by the laboratory with the Federal
Act or NAC 459.96902 to 459.9699, inclusive; and
(4) Engage in any activity which is necessary
and appropriate for determining compliance by the laboratory with the Federal
Act or NAC 459.96902 to 459.9699, inclusive, and which is required
by the Division.
7. If the Division conducts an inspection of
a laboratory, it shall, within 30 days after it conducts the inspection,
provide to the laboratory a copy of the report of the inspection. The report
must include any deficiency the Division discovers during its inspection of the
laboratory. The laboratory shall prepare a plan to correct the deficiency
specified in the report. The plan must:
(a) Be submitted to the Division not more than 30
days after the laboratory receives the report from the Division;
(b) Be submitted on a form approved by the
Division; and
(c) Include, without limitation:
(1) The signature of the person who prepared
the plan; and
(2) The proposed date by which the laboratory
will correct the deficiency.
8. If, after reviewing the plan submitted
pursuant to subsection 7, the Division determines that the plan is insufficient
to correct the deficiency, the Division shall notify the laboratory of that
fact in writing. Upon receipt of the written notice, the laboratory shall, not
more than 30 days after receiving the notice, submit a revised plan to the
Division. If, after reviewing the revised plan, the Division determines that
the revised plan is insufficient to correct the deficiency, or if the Division
conducts an inspection of the laboratory and determines that the deficiency has
not been corrected, the Division shall deny the laboratory’s application for
certification or revoke its certification.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96974 Grounds for denial of application for certification, or
revocation, suspension or limitation of certification. (NRS 459.485, 459.500)
1. The Division may deny an application for
certification of a laboratory or revoke, suspend or limit the certification of
a certified laboratory if the laboratory:
(a) Makes a false statement in:
(1) An application for certification;
(2) A report concerning the analysis of a
waste sample; or
(3) Any other document relating to
certification in violation of the provisions of NAC 459.96902 to 459.9699, inclusive;
(b) Falsifies any results of laboratory testing or
misrepresents any information obtained from laboratory testing in violation of
the provisions of NAC 459.96962 or 459.96984;
(c) Fails to maintain the facilities or equipment
of the laboratory in accordance with the quality manual or quality system of
the laboratory;
(d) Fails to participate satisfactorily in a
proficiency testing program, if the program is available, in violation of the
provisions of NAC 459.96968;
(e) Falsely claims certification for a method of
testing or an analyte for which the laboratory is not certified in violation of
the provisions of NAC 459.96984;
(f) Fails to prepare a plan of correction or to
correct any deficiency specified by the Division within the period specified in
the plan in violation of the provisions of NAC
459.96972;
(g) Fails to pay any fees or expenses of the
Division in violation of the provisions of NAC
459.96986;
(h) Fails to notify the Division of any changes
specified in NAC 459.96982;
(i) Authorizes a person who is not qualified to
perform an analysis in violation of the provisions of NAC 459.96962;
(j) Communicates with or receives a communication
concerning the results of a proficiency test sample from a laboratory on or
before the date established for submitting the results of that sample to the
provider of the sample pursuant to the provisions of NAC 459.96968;
(k) Knowingly receives a proficiency test sample
from a laboratory or provides a proficiency test sample to a laboratory on or
before the date specified in paragraph (j);
(l) Prohibits an employee of the Division from
conducting an inspection of the laboratory in violation of the provisions of NAC 459.96972;
(m) Fails to provide to the Division any
information required by the Division to determine whether a laboratory is
operated in compliance with the provisions of NAC 459.96902 to 459.9699, inclusive;
(n) Misrepresents any material fact to obtain or
maintain certification pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive;
(o) Engages in any activity that is a ground for
the denial of an application for certification or for the suspension or
revocation of the certification of a laboratory set forth in section 4.1.4(d)
or 4.4 of the Standards; or
(p) Knowingly employs, directly or indirectly, a
person who has violated a provision of NRS
459.400 to 459.600,
inclusive, 459.610 to 459.658, inclusive, 459.800 to 459.856, inclusive, or NAC 459.96902 to 459.9699, inclusive.
2. In determining whether to deny an
application for certification or to revoke, suspend or limit the certification
of a laboratory pursuant to this section, the Division shall consider:
(a) The gravity of the violation;
(b) The harm to the health and safety of the
members of the general public;
(c) The intent of the person who committed the
violation;
(d) The extent of the violation; and
(e) Any proposed correction of the violation.
3. As used in this section, “quality system”
has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96976 Reapplication after denial of application or revocation of
certification. (NRS
459.485, 459.500) If the Division denies an
application for certification submitted by a laboratory or revokes the
certification of a certified laboratory, the laboratory may, after the period
specified in section 4.4 of the Standards expires, reapply for
certification in the manner prescribed in NAC
459.96966.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96978 Renewal of certification. (NRS
459.485, 459.500)
1. The Division may renew the certificate of
a certified laboratory if:
(a) The laboratory pays the applicable fee to renew
the certificate;
(b) The laboratory submits a statement on a form
approved by the Division indicating that it is in compliance with the
provisions of NAC 459.96902 to 459.9699, inclusive, concerning each
category of testing, method of testing and analyte for which it is certified;
(c) The laboratory submits a report to the Division
indicating that it has received satisfactory proficiency test results for each
category of testing and analyte for which it is certified; and
(d) The Division determines that the laboratory is
in compliance with the provisions of NAC
459.96902 to 459.9699, inclusive.
2. A certificate issued to a laboratory
pursuant to the provisions of NAC
459.96902 to 459.9699, inclusive,
expires on July 31 of each year. If the certificate of a certified laboratory
expires, the laboratory may apply for certification in the manner prescribed in
NAC 459.96966.
3. The Division shall make available to each
certified laboratory a notice for the renewal of the certificate and a form to
provide a statement of compliance specified in paragraph (b) of subsection 1.
4. Each certified laboratory shall maintain
any record specified in section 4.3.3 of the Standards in accordance
with the provisions of that section.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9698 Display of certificate; conditions for surrender of certificate;
issuance of document. (NRS
459.485, 459.500)
1. The director of the laboratory shall display
the certificate issued by the Division in a conspicuous place in the laboratory
to which the members of the general public have access.
2. The certificate is the property of the
Division and must be surrendered to the Division if:
(a) The Division revokes the certificate;
(b) The laboratory for which the certificate is
issued ceases to conduct analyses of waste samples for which a certificate is
required; or
(c) The Division ceases to be an accrediting
authority approved by the Environmental Protection Agency. As used in this
paragraph, “accrediting authority” has the meaning ascribed to it in Appendix A
of chapter 1 of the Standards.
3. In addition to issuing a certificate to
each certified laboratory, the Division shall provide to each certified
laboratory a document which indicates each category of testing an analyte for
which the laboratory is certified. If, after the Division provides the document
to the laboratory, the Division certifies the laboratory for an additional
analyte or the Division revokes, suspends or limits the certification of the
laboratory for a category of testing or analyte, the Division shall revise the
document to include the additional analyte for which the laboratory is
certified or the category of testing or analyte that is revoked, suspended or
limited by the Division.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96982 Notification of Division of certain changes concerning certified
laboratory. (NRS
459.485, 459.500) If, as determined by the
Division, a change concerning a certified laboratory occurs that substantially
affects the ability of the laboratory to perform any analysis for which the
laboratory is certified, the director of the laboratory shall, not more than 30
days after the change occurs, notify the Division of the change in writing. For
the purposes of this section, a change includes, without limitation, a change
in the name, ownership, location or personnel of a laboratory or any other
change specified in sections 4.1.8 and 4.3.2 of the Standards.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96984 Contractual agreements, records and reports. (NRS 459.485, 459.500)
1. A certified laboratory shall ensure that
each analysis it performs complies with the provisions of Appendix D of chapter
5 of the Standards.
2. A certified laboratory shall maintain any
document or other information required by the provisions of section 4.3.3 of
the Standards in accordance with the provisions of that section.
3. If a certified laboratory prepares a
report of any test conducted pursuant to the provisions of this section, the
report must be prepared in accordance with the provisions of section 5.13 of
the Standards.
4. If a certified laboratory is not certified
to conduct a test in a category of testing or to use a method of testing or
test for an analyte pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, the director of the
laboratory may contract with a certified laboratory to perform that test if:
(a) Before entering into the contract, the director
notifies in writing the person for whom the test will be conducted of his or
her intent to enter into the contract; and
(b) The laboratory complies with the requirements
specified in section 5.14 of the Standards.
5. If a certified laboratory contracts with
another certified laboratory pursuant to the provisions of this section, the
director of the certified laboratory shall ensure that the certified laboratory
that will conduct the test is certified pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive. If the certified
laboratory that offered the contract maintains any record of the contract or of
any test conducted pursuant to the contract, it shall include in that record:
(a) Any report submitted by the certified
laboratory that conducted the test concerning the results of the test; and
(b) The certification number of the certified
laboratory that conducted the test.
6. If the certified laboratory that offered
the contract prepares a report concerning the results of any test conducted
pursuant to the contract, it shall specify in the report that the results of
that test were obtained by contract pursuant to the provisions of this section.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
Miscellaneous Provisions
NAC 459.96986 Fees for certification. (NRS
459.485, 459.500)
1. Except as otherwise provided in
subsection 2, a laboratory must submit an annual fee of $500 with each
application for certification.
2. A laboratory which only performs analysis
for microbiology is not required to pay the fee provided pursuant to subsection
1.
3. In addition to the fee required pursuant
to the provisions of subsections 1 and 4, a laboratory must submit an annual
certification fee for each category of contaminant for which certification is
requested. The categories of contaminants and annual fees are:
|
CATEGORY OF CONTAMINANT
|
ANNUAL
FEE
|
|
|
|
|
Bulk asbestos analysis of
hazardous waste............................................................
|
$400
|
|
Characteristics of hazardous
waste........................................................................
|
350
|
|
Dioxin in hazardous waste.....................................................................................
|
400
|
|
Herbicides...............................................................................................................
|
545
|
|
Immunoassay methods for hazardous
waste..........................................................
|
545
|
|
Infrared analysis of hazardous
waste.....................................................................
|
545
|
|
Inorganic chemistry of hazardous
waste................................................................
|
545
|
|
Liquid chromatography for
hazardous waste.........................................................
|
545
|
|
Microbiology..........................................................................................................
|
400
|
|
Miscellaneous screening methods
for hazardous waste.........................................
|
400
per
method
|
|
Pesticides................................................................................................................
|
545
|
|
Physical properties of hazardous
waste..................................................................
|
350
|
|
Polyaromatic hydrocarbons in
hazardous waste....................................................
|
545
|
|
Polychlorinated biphenyls in
hazardous waste......................................................
|
545
|
|
Radiochemistry of hazardous waste.......................................................................
|
545
|
|
Semivolatile organic chemistry of
hazardous waste..............................................
|
545
|
|
Toxicity bioassay of hazardous
waste....................................................................
|
400
|
|
Trace metals in hazardous waste............................................................................
|
545
|
|
Volatile organic chemistry of
hazardous waste.....................................................
|
545
|
|
Any other individual contaminant..........................................................................
|
200
|
|
Any other individual
multicontaminant method....................................................
|
400
|
4. In addition to the fees required pursuant
to the provisions of subsections 1 and 3, if a laboratory applies for
certification for a contaminant in more than two of the approved methods of
testing for that contaminant, the laboratory must submit a fee of $200 for each
additional approved method of testing.
5. If a laboratory applies for certification
for additional contaminants after the laboratory has been issued a
certification for an annual period of certification, the fee for certification
for each additional contaminant is the fee provided for that contaminant
pursuant to the provisions of subsection 3. The fee must be prorated pursuant
to subsection 6 if the provisions of that subsection otherwise apply. If the
Division conducts an evaluation for certification at the laboratory, the
laboratory must pay, at the rate provided for state officers and employees
generally, the actual travel and per diem expenses of the Division. If the
laboratory is located outside of this State, the expenses must be paid pursuant
to the provisions of subsection 7.
6. The fees are effective for 12 months
beginning on August 1 of each year. If an application for certification to test
for an analyte is submitted during that period, the fees for that certification
must be prorated using the following formula:
Fee X .083 X the number
of months remaining in the period of certification.
For the purpose of prorating fees, an application for
certification to test for an analyte shall be deemed to have been submitted at
the beginning of a month regardless of the date of the application. The
prorated fee must be rounded to the next highest dollar. The fee provided
pursuant to the provisions of subsection 1 must not be prorated.
7. If an evaluation for certification of a
laboratory that is located outside of this State is conducted, the laboratory
must pay the actual travel and per diem expenses of the employee of the
Division who conducts the evaluation.
8. The fee for certification to test for a
specific analyte must be paid before a certificate for that analyte may be
issued.
9. Any fee paid pursuant to the provisions
of this section is nonrefundable.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.96988 Acceptance of analyses conducted by laboratory located outside
State. (NRS
459.485, 459.500) The Division shall accept
data relating to the analysis of contaminants regulated pursuant to NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, that are
submitted from a laboratory located outside of this State if:
1. The laboratory has otherwise complied
with the requirements set forth in NAC
459.96902 to 459.9699, inclusive;
2. The:
(a) Laboratory is certified by the United States
Environmental Protection Agency;
(b) Division determines that the state where the
laboratory is located:
(1) Has adopted a program for certifying laboratories
for the analysis of water that is equivalent to the program for certifying
those laboratories adopted by the Division; and
(2) Accepts the results of evaluations
conducted pursuant to the program adopted by the Division; or
(c) Laboratory:
(1) Is located in a state that has established
an agreement with this State concerning certification of laboratories by
reciprocity; or
(2) Is certified pursuant to the National
Environmental Laboratory Accreditation Program; and
3. The laboratory submits to the Division a
copy of an acceptable report relating to the most recent evaluation conducted
at the laboratory by:
(a) The state where the laboratory is certified;
(b) An independent organization that is approved by
the Division to certify laboratories for the analysis of waste samples; or
(c) The United States Environmental Protection
Agency.
Ê The
evaluation to which the report relates must be conducted within the 2 years
immediately preceding the date of the application of the laboratory for certification.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
NAC 459.9699 Review by Commission of publications adopted by reference. (NRS 459.485, 459.500) If any
publication adopted by reference pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, is revised, the
Commission may review the revision to determine its suitability for this State.
If the Commission determines that the revision is not suitable for this State,
it will hold a public hearing to review its determination and give notice of
that hearing within 6 months after the date of the publication of the revision.
If, after the hearing, the Commission does not revise its determination, the
Commission will give notice that the revision is not suitable for this State
within 30 days after the hearing. If the Commission does not give such notice,
the revision becomes part of the publication adopted by reference pursuant to
the provisions of NAC 459.96902 to 459.9699, inclusive.
(Added to NAC by Environmental Comm’n by R061-04, eff.
10-7-2004)
CERTIFICATION OF CERTAIN CONSULTANTS AND CONTRACTORS
NAC 459.970 Definitions. (NRS
459.485, 459.500) As used in NAC 459.970 to 459.97295, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.97002 to 459.9716, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R123-16, 11-2-2016; R126-19, 12-29-2020)
NAC 459.97002 “Class A operator” defined. (NRS
459.500, 459.826) “Class A operator” means
an operator described in 40 C.F.R. § 280.242(a), as that section existed on
November 2, 2016.
(Added to NAC by Environmental Comm’n by R123-16, eff.
11-2-2016)
NAC 459.97004 “Class B operator” defined. (NRS
459.500, 459.826) “Class B operator” means
an operator described in 40 C.F.R. § 280.242(b), as that section existed on
November 2, 2016.
(Added to NAC by Environmental Comm’n by R123-16, eff.
11-2-2016)
NAC 459.97006 “Class C operator” defined. (NRS
459.500, 459.826) “Class C operator” means
an operator described in 40 C.F.R. § 280.242(c), as that section existed on
November 2, 2016.
(Added to NAC by Environmental Comm’n by R123-16, eff.
11-2-2016)
NAC 459.9701 “Consultant” defined. (NRS
459.485, 459.500) “Consultant” means a
person who provides information, opinion or advice for a fee or in conjunction
with other services for which a fee is charged.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9702 “Division” defined. (NRS
459.485, 459.500) “Division” means the
Division of Environmental Protection of the State Department of Conservation
and Natural Resources.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9703 “Employee” defined. (NRS
459.485, 459.500) “Employee” includes:
1. Any officer of a corporation;
2. Any natural person whose activities are
subject to a right of control by the person paying for his or her services; and
3. Any other natural person who would be
considered an employee under any common-law definition of employee.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9704 “Environmental manager” defined.
(NRS
459.485, 459.500) “Environmental manager”
means a natural person who is certified by the Division pursuant to NAC 459.972 to act as a consultant relating
to:
1. The management of hazardous waste;
2. The investigation of a site to determine
the release or potential release of a hazardous substance;
3. The sampling of air, soil, surface water
or groundwater to determine the release of a hazardous substance;
4. The response to a release of a hazardous
substance;
5. The cleanup of a release of a hazardous
substance; or
6. The remediation of water or soil
contaminated by a hazardous substance.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R123-16, 11-2-2016)
NAC 459.9705 “Handler of underground storage tanks” defined. (NRS 459.485, 459.500) “Handler
of underground storage tanks” means a natural person who is certified by the
Division pursuant to NAC 459.9722 to
install, repair, upgrade or close underground storage tanks pursuant to 40 C.F.R.
Part 280, as that part existed on June 12, 1990.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R123-16, 11-2-2016)
NAC 459.9706 “Hazardous material” defined. (NRS
459.485, 459.500) “Hazardous material” has
the meaning ascribed to it in NRS
459.428.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9707 “Hazardous substance” defined. (NRS
459.485, 459.500) “Hazardous substance”
means:
1. Any hazardous material;
2. Any hazardous waste; or
3. Any regulated substance.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9708 “Hazardous waste” defined. (NRS
459.485, 459.500) “Hazardous waste” has the
meaning ascribed to it in NRS 459.430
and NAC 444.843.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9709 “Management of hazardous waste” defined. (NRS 459.485, 459.500) “Management
of hazardous waste” means services relating to the identification, sampling,
handling, packaging, storage, labeling, treatment, reduction, recycling,
permitting, recordkeeping, manifesting, transportation or disposal of hazardous
waste.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.971 “Person” defined. (NRS
459.485, 459.500) “Person” has the meaning
ascribed to it in NRS 0.039.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.97102 “Provider of an approved underground storage tank training program”
defined. (NRS
459.500, 459.826) “Provider of an approved
underground storage tank training program” means a natural person who is
certified by the Division pursuant to NAC
459.97232 and who provides information to and evaluates the knowledge of
Class A operators and Class B operators as part of an underground storage tank
training program that meets the requirements of Subpart J of 40 C.F.R. Part
280, as those provisions existed on November 2, 2016.
(Added to NAC by Environmental Comm’n by R123-16, eff.
11-2-2016)
NAC 459.9711 “Regulated substance” defined. (NRS
459.485, 459.500) “Regulated substance” has
the meaning ascribed to it in NRS
459.448.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9712 “Release of a hazardous substance” defined. (NRS 459.485, 459.500) “Release
of a hazardous substance” means the discharge, deposit, injection, dumping,
spilling, emitting, leaking, escaping, leaching, pumping, pouring, emptying,
disposing or placing of a hazardous substance into the air or on land or the
waters of the State. The term does not include a release of a hazardous
substance:
1. Specifically allowed by a permit issued
pursuant to state or federal law; or
2. For which a permit is not required by
state or federal law.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9713 “Response” defined. (NRS
459.485, 459.500) “Response” means the
provision of remedial services to protect the public health, safety, welfare or
environment from a release of a hazardous substance, including, but not limited
to, the digging, cleanup, removal, abatement, containment, control, absorbance,
treatment or remediation of soil or water contaminated with a hazardous
substance.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9715 “Tester of underground storage tanks” defined. (NRS 459.485, 459.500) “Tester
of underground storage tanks” means a natural person who is certified by the
Division pursuant to NAC 459.9723 to
test the tightness of underground storage tanks pursuant to 40 C.F.R. Section
280.43(c), as that section existed on June 12, 1990.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R123-16, 11-2-2016)
NAC 459.9716 “Underground storage tank” defined. (NRS 459.485, 459.500) “Underground
storage tank” has the meaning ascribed to it in 40 C.F.R. Section 280.12, as
that section existed on June 12, 1990.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9717 Intent of provisions. (NRS
459.485, 459.500) The intent of NAC 459.970 to 459.97295, inclusive, is to carry out the
provisions of NRS 459.500 to
protect persons who employ consultants concerning hazardous materials and
wastes.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A 5-3-96;
R123-16, 11-2-2016)
NAC 459.9718 Applicability of provisions. (NRS
459.485, 459.500) The provisions of NAC 459.970 to 459.97295, inclusive, other than the
provisions which impose requirements on providers of approved underground
storage tank training programs, do not apply to:
1. Services provided by an employee of a
business or public agency relative to the hazardous waste management, release
investigation or response or underground storage tank management
responsibilities of his or her employer, exclusively, while acting in the
course of that employment.
2. Services provided by an employee of a
public agency with the responsibility of regulatory enforcement, emergency
response, or protection of public health, welfare or the environment, while acting
in the course of that employment.
3. Services provided by a person who is a
transporter of hazardous waste that are:
(a) Designated as the specific responsibility of
the transporter of hazardous waste under the applicable state or federal
regulations; and
(b) Necessary to perform the service of
transportation of hazardous waste in accordance with the applicable state or
federal regulations.
4. Services provided by a person under
contract at a federal facility, while acting within the scope of that contract.
5. Services provided by a person that are
requested by a state agency or political subdivision of the State if fees are
not charged for those services.
6. Services provided by a public utility to
its customers if incidental to the services ordinarily provided by the utility.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
10-29-93; R123-16, 11-2-2016; R126-19, 12-29-2020)
NAC 459.9719 Services for which certification is required. (NRS 459.485, 459.500)
1. A person shall not provide services as:
(a) An environmental manager;
(b) A handler of underground storage tanks;
(c) A tester of underground storage tanks; or
(d) A provider of an approved underground storage
tank training program,
Ê for a fee or
in conjunction with other services for which a fee is charged, unless those
services are performed under the direction and responsible control of a natural
person who has obtained certification from the Division.
2. The provisions of this section do not
prohibit the engagement of an apprentice or assistant if a natural person who
is certified by the Division pursuant to the provisions of NAC 459.970 to 459.97295, inclusive, supervises that
apprentice or assistant and maintains responsibility for the work of that
apprentice or assistant.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R123-16, 11-2-2016)
NAC 459.972 Certification as environmental manager. (NRS 459.485, 459.500) An
applicant for certification as an environmental manager must:
1. Be of good character and reputation as
determined by the Division upon review of the applicant’s references, record of
violations of environmental laws and regulations and such other considerations
as the Division deems necessary and proper. Certification must be denied if
such a review indicates that the applicant fails to meet the applicable
standards.
2. Submit to the Division:
(a) An application on a form provided by the
Division;
(b) A nonrefundable fee of $150 for the review of
the application;
(c) A color photograph of the applicant which is
approximately 2 inches by 2 inches;
(d) A statement signed by the applicant under
penalty of perjury declaring the details of all pleas of guilty or nolo
contendere in any criminal proceeding and all convictions of any crimes; and
(e) Three letters of reference from natural persons
with experience in the services of that classification attesting to the
applicant’s moral character and competence in that classification.
3. Demonstrate to the Division that the
applicant has:
(a) A bachelor’s or advanced degree from an
accredited college or university in an area relating to the environment including,
but not limited to, environmental science, engineering, geology, hydrology,
hydrogeology, biology, toxicology, environmental health, physics, industrial
hygiene or chemistry; and
(b) At least 3 years of relevant environmental
experience within the 5 years immediately preceding the date of the
application.
4. Pass an examination pursuant to NAC 459.9726.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R033-22, 9-28-2022)
NAC 459.9722 Certification as handler of underground storage tanks. (NRS 459.485, 459.500) An
applicant for certification as a handler of underground storage tanks must:
1. Be of good character and reputation as
determined by the Division upon review of the applicant’s references, record of
violations of environmental laws and regulations and such other considerations
as the Division deems necessary and proper. Certification must be denied if
such a review indicates that the applicant fails to meet the applicable
standards.
2. Submit to the Division:
(a) An application on a form provided by the
Division;
(b) A nonrefundable fee of $150 for the review of
the application;
(c) A color photograph of the applicant which is
approximately 2 inches by 2 inches;
(d) A specific record of at least 2 years’
experience and the direct participation in at least 10 projects relating to the
handling of underground storage tanks;
(e) A copy of an appropriate license issued by the
State Contractors’ Board pursuant to chapter
624 of NRS;
(f) Proof of completion of a course approved by the
Division concerning the safe handling of underground storage tanks;
(g) A statement signed by the applicant under
penalty of perjury declaring the details of all pleas of guilty or nolo
contendere in any criminal proceeding and all convictions of any crimes; and
(h) Three letters of reference from natural persons
with experience in the services of that classification attesting to the
applicant’s moral character and competence in that classification.
3. Pass an examination pursuant to NAC 459.9726.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R033-22, 9-28-2022)
NAC 459.9723 Certification as tester of underground storage tanks. (NRS 459.485, 459.500) An
applicant for certification as a tester of underground storage tanks must:
1. Be of good character and reputation as
determined by the Division upon review of the applicant’s references, record of
violations of environmental laws and regulations and such other considerations
as the Division deems necessary and proper. Certification must be denied if
such a review indicates that the applicant fails to meet the applicable
standards.
2. Submit to the Division:
(a) An application on a form provided by the
Division;
(b) A nonrefundable fee of $150 for the review of
the application;
(c) A color photograph of the applicant which is
approximately 2 inches by 2 inches;
(d) A specific record of direct participation in at
least 50 tests of underground storage tanks;
(e) A specific record of at least 1 year of
experience in the testing of underground storage tanks;
(f) Proof of training provided by the manufacturer
of the equipment which is used for testing;
(g) Proof of completion of a course approved by the
Division concerning the safe handling of underground storage tanks;
(h) A statement signed by the applicant under
penalty of perjury declaring the details of all pleas of guilty or nolo
contendere in any criminal proceeding and all convictions of any crimes; and
(i) Three letters of reference from natural persons
with experience in the services of that classification attesting to the applicant’s
moral character and competence in that classification.
3. Pass an examination pursuant to NAC 459.9726.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R033-22, 9-28-2022)
NAC 459.97232 Certification as provider of approved underground storage tank
training program. (NRS
459.500, 459.826) An applicant for
certification as a provider of an approved underground storage tank training
program must:
1. Be of good reputation as determined by
the Division upon review of the applicant’s application and such other
considerations as the Division deems necessary and proper. Certification must
be denied if such a review indicates that the applicant fails to meet the
applicable standards.
2. Submit to the Division:
(a) An application on a form provided by the
Division;
(b) A nonrefundable fee of $150 for review of the
application; and
(c) Documentation satisfactory to the Division that
the applicant’s training program meets the requirements of Subpart J of 40
C.F.R. Part 280, as those provisions existed on November 2, 2016.
(Added to NAC by Environmental Comm’n by R123-16, eff.
11-2-2016; A by R033-22, 9-28-2022)
NAC 459.9725 Waiver of requirements for training. (NRS 459.485, 459.500) The
Division may waive any requirements for training for a certificate if that
training is not available.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9726 Action on applications; examinations for certification. (NRS 459.485, 459.500)
1. The Division will review each application
and send each applicant written notice within 6 weeks of receipt of all
required materials whether his or her application has been approved or
rejected.
2. An applicant whose application is
approved by the Division and who wishes to take the examination must submit to
the Division a nonrefundable examination fee set by the Division, not to exceed
$200, at least 30 days before the examination is given.
3. The Division shall determine the content
of the examinations.
4. A score of 70 is a passing score on an
examination for certification.
5. An examination for each classification
will be given at least once each year.
6. The examinations are the property of the
Division and must remain confidential.
7. An applicant who fails the examination
may apply for a reexamination. The nonrefundable fee for reexamination must be
set by the Division not to exceed $200.
8. Each application for certification will
remain on file with the Division for 2 years after the date that all required
materials are received by the Division. If the applicant does not pass an examination
for certification or request reexamination within the 2-year period, the
applicant must file with the Division a new application for certification.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A 1-24-92;
A by R033-22, 9-28-2022)
NAC 459.9727 Contents and duration of certificate. (NRS 459.485, 459.500)
1. Each certificate issued by the Division
to an applicant must bear:
(a) The name of the applicant;
(b) The number of the certificate;
(c) The date of expiration of the certificate; and
(d) The specific classification of certification.
2. Each certificate is valid for 2 years
after the date the Division issues the certificate.
(Added to NAC by Environmental Comm’n, eff. 3-6-91)
NAC 459.9728 Renewal of certificate. (NRS
459.485, 459.500) A holder of a certificate
who wishes to renew his or her certificate must, not later than 1 year after
the date on which the certificate expires:
1. Demonstrate to the Division that he or
she continues to meet all qualifications and performance requirements of NAC 459.970 to 459.97295, inclusive;
2. Submit an application for renewal of the
certificate to the Division on a form provided by the Division;
3. Submit a nonrefundable fee set by the
Division not to exceed $150;
4. Complete an examination for renewal if
the Division has determined that such a renewal examination is appropriate; and
5. Successfully complete at least 24 hours
of continuing education during the immediately preceding 2 years and submit
with his or her application for renewal, sufficient proof of the completion of
such hours, as determined by the Division.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R123-16, 11-2-2016; R033-22, 9-28-2022)
NAC 459.97285 Contents of document relating to service for which certification
is required. (NRS
459.485, 459.500) A holder of a certificate
who is responsible for a service requiring certification shall ensure that each
document relating to the service includes:
1. The following language:
I hereby certify that I am
responsible for the services described in this document and for the preparation
of this document. The services described in this document have been provided in
a manner consistent with the current standards of the profession and to the best
of my knowledge comply with all applicable federal, state and local statutes,
regulations and ordinances.
2. A description of the services provided.
3. The signature of the holder of the
certificate and the date on which the document was signed.
4. The number of the certificate.
5. The date of expiration of the
certificate.
(Added to NAC by Environmental Comm’n, eff. 5-3-96)
NAC 459.9729 Standards of practice. (NRS
459.485, 459.500)
1. Each holder of a certificate issued by
the Division pursuant to the provisions of NAC
459.970 to 459.97295, inclusive:
(a) Shall provide services which are ethical, meet
the current standards of the profession and which comply with federal, state
and local regulations concerning hazardous substances or underground storage
tanks.
(b) Is responsible for the work of other persons he
or she employs or supervises.
(c) Shall have a copy of his or her certificate at
the location where the holder of a certificate is supervising work. Upon the
request of the Division, client or potential client, a holder of a certificate
shall present the certificate for inspection.
(d) Shall make a written report to the facility
owner or operator, within 24 hours, upon the discovery of a release of a
hazardous substance or the existence of an unregistered underground storage
tank and advise that facility owner or operator of any applicable reporting
requirements.
(e) Shall report to the Division the discovery of a
release of a hazardous substance which presents an imminent and substantial
hazard to human health, public safety or the environment as soon as possible
after the holder of a certificate has knowledge of a release.
(f) Shall secure the services of a qualified person
to perform any part of his or her job which requires a level of service or
skill which he or she is not qualified to provide.
(g) Shall make complete prior disclosures to his or
her clients or potential clients of potential conflicts of interest or other
circumstances which could influence his or her judgment or the quality of the
services the holder of a certificate provides.
(h) Shall not falsify or misrepresent his or her
education or experience, the degree of responsibility for prior assignments or
the complexity of prior employment or business, relevant factors concerning
employers, employees, associates or joint ventures or past accomplishments.
(i) Shall maintain a written record of each project
requiring certification for 3 years after the project is completed. The
Division may inspect those records during normal business hours and will
establish requirements concerning the information which must be included in the
records.
2. In addition to the requirements of
subsection 1, a provider of an approved underground storage tank training
program shall provide to each Class A operator and Class B operator a record in
paper or electronic format which includes the information described in 40
C.F.R. § 280.245(b), as that section existed on November 2, 2016.
3. If the Division determines that the holder
of a certificate has not performed in accordance with the standards described
in this section, the Division may take disciplinary action against the holder
of the certificate pursuant to NAC
459.99951 to 459.99972, inclusive.
(Added to NAC by Environmental Comm’n, eff. 3-6-91; A
by R021-99, 9-27-99; R123-16, 11-2-2016; R126-19, 12-29-2020)
NAC 459.97295 Aggrieved person: Request for informal discussion; subsequent
request for informal conference; determination; final remedy. (NRS 459.485, 459.500)
1. Any person who has reason to believe that
an action taken by the Division pursuant to NAC
459.970 to 459.9729, inclusive,
other than a disciplinary action, is incorrect or based on inadequate knowledge
may, within 10 business days after receiving notice of the action, request an
informal discussion with the employee responsible for the action and the
immediate supervisor of the employee.
2. If the informal discussion does not
resolve the problem, the aggrieved person may, within 10 business days after
the date scheduled for the informal discussion, submit a written request to the
Administrator of the Division or the Administrator’s designee for an informal
conference. The informal conference must be scheduled for a date, place and
time mutually agreed upon by the aggrieved person and the Administrator or the
Administrator’s designee, except that the informal conference must be held not
later than 60 days after the date on which the Administrator or the
Administrator’s designee received the written request.
3. The determination of the Administrator of
the Division or the Administrator’s designee resulting from the informal
conference cannot be appealed and is the final remedy available to the
aggrieved person.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
PARTICIPATION IN PROGRAM FOR VOLUNTARY CLEANUP OF HAZARDOUS
SUBSTANCES AND RELIEF FROM LIABILITY
NAC 459.973 Definitions. (NRS
459.656) As
used in NAC 459.973 to 459.9743, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.9731 to 459.9736, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9731 “Administrator” defined. (NRS 459.656) “Administrator”
means the Administrator of the Division.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9732 “Division” defined. (NRS
459.656) “Division”
means the Division of Environmental Protection of the State Department of
Conservation and Natural Resources.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9733 “Eligible property” defined. (NRS
459.656) “Eligible
property” has the meaning ascribed to it in NRS 459.618.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9734 “Participant” defined. (NRS
459.656) “Participant”
has the meaning ascribed to it in NRS
459.622.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9735 “Program” defined. (NRS
459.656) “Program”
has the meaning ascribed to it in NRS
459.624.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9736 “Responsible party” defined. (NRS
459.656) “Responsible
party” has the meaning ascribed to it in NRS 459.630.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9737 Signature requirement. (NRS
459.656) Any
application, remedial agreement, certification to the Administrator or
information submitted to the Division pursuant to NAC 459.973 to 459.9743, inclusive, must be signed by a
consultant or contractor who is certified pursuant to NAC 459.970 to 459.97295, inclusive, in the area that is
appropriate for the type of cleanup that is the subject of such documents or
information.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9738 Application; environmental assessment; additional information. (NRS 459.634, 459.656)
1. A person who desires to apply for participation
in the program pursuant to NRS
459.634 must apply on the application form prescribed by the Administrator.
2. An environmental assessment of the
eligible property required pursuant to NRS
459.634 may be conducted pursuant to the Standard Practice for
Environmental Site Assessments described in E1527-97 and E1528-96 of the
American Society for Testing and Materials or pursuant to a similar method that
is approved by the Administrator. Such an assessment must include:
(a) Information regarding the site, including
property ownership, current property use, proposed property use and all written
communications with regulatory agencies that relate to the environmental
condition of the property;
(b) A legal description of the property;
(c) A description of the physical characteristics
of the property;
(d) To the extent known by the applicant, the
operational history of the site;
(e) To the extent known by the applicant,
information concerning the nature and extent of any contamination or release at
the eligible property or at property that is contiguous to the eligible
property; and
(f) To the extent known by the applicant, relevant
information concerning the potential for human and environmental exposure to
contamination at the property.
3. In addition to the requirements of NRS 459.634, an applicant:
(a) Must submit any additional information specific
to the eligible property that is requested by the Administrator; and
(b) May submit any additional information specific
to the eligible property that the applicant deems appropriate.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9739 Application fees. (NRS
459.634, 459.656) A person who submits an
application for participation in the program must submit to the Division one of
the following nonrefundable application fees, as applicable:
|
Residential.........................................................................................................
|
$400
|
|
Commercial
|
|
|
Less than 1
acre............................................................................................
|
500
|
|
1 to 25
acres..................................................................................................
|
1,000
|
|
26 to 100
acres..............................................................................................
|
1,600
|
|
More than
100 acres.....................................................................................
|
2,000
|
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.974 Remedial agreement: Submission; contents; approval. (NRS 459.636, 459.656)
1. A participant must submit a remedial
agreement to the Administrator within 1 year after the date on which his or her
application was approved by the Administrator. In addition to the requirements
of NRS 459.636, a remedial
agreement must include:
(a) A cost estimate and information regarding the
financial ability of the participant to perform the voluntary cleanup as set
forth in NAC 459.9741;
(b) A phase II environmental assessment using the
Standard Practice for Environmental Site Assessments of the American Society
for Testing and Materials or any equivalent method that is approved by the
Administrator;
(c) A corrective action plan that identifies the
substances to be removed or remediated, the proposed removal or remediation
methods and appropriate remediation standards, consistent with NAC 445A.226 to 445A.22755, inclusive; and
(d) A description of the intended use of the
property.
2. A participant may not initiate any
removal or remediation that is described in a remedial agreement until the
remedial agreement has been approved by the Administrator.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000; A by R189-08, 8-25-2009)
NAC 459.9741 Cost estimate. (NRS
459.636, 459.656)
1. A participant must submit a detailed cost
estimate to restore the property to the condition to which it would be restored
if the Division caused action to be taken pursuant to NRS 459.537. The cost estimate must
account for the costs of all activities described in the remedial agreement.
2. Through the cost estimate, the
participant must demonstrate to the satisfaction of the Administrator that the
participant is financially capable of completing the remedial agreement.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9742 Recovery of costs. (NRS
459.636, 459.656)
1. The provisions of the remedial agreement
that provide for the recovery of costs by the Division must include, without
limitation, the costs the Division incurred for:
(a) Reviewing the remedial agreement;
(b) Overseeing and supervising the actions
specified in the remedial agreement; and
(c) Issuing a certificate of completion.
2. After the participant submits a remedial
agreement to the Division, the Division shall begin billing the participant on
a quarterly basis or on such other schedule as agreed upon by the Division and
the participant.
3. The participant and the Administrator may
negotiate a prepayment schedule for the estimated costs for the activities
specified in subsection 1. Actual costs must be deducted from the prepaid
amount according to the billing schedule established pursuant to subsection 2.
If the estimated amount of the prepayment is insufficient to cover all the
costs of the Division described in subsection 1, the participant and the
Administrator shall negotiate additional prepayments sufficient to cover the
costs of the Division. After the Division issues a certificate of completion,
the Division shall return all excess money prepaid by the participant.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
NAC 459.9743 Report of completion; certificate of partial completion. (NRS 459.638, 459.656)
1. To certify that all the activities in the
remedial agreement have been completed pursuant to NRS 459.638, the participant shall
submit a report to the Administrator which shows that each activity in the
agreement has been completed in accordance with the terms of the agreement.
2. The Administrator may issue a certificate
of partial completion for a portion of an eligible property that is distinct if
such a portion of the eligible property satisfies all the requirements of NRS 459.610 to 459.658, inclusive, and NAC 459.973 to 459.9743, inclusive.
(Added to NAC by Environmental Comm’n by R054-00, eff.
5-26-2000)
TRANSPORTATION OF HAZARDOUS MATERIALS ON PUBLIC HIGHWAYS
NAC 459.975 Definitions. (NRS
459.721, 459.725) As used in NAC 459.975 to 459.991, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.97515 to 459.9758, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.97515 “Director” defined. (NRS
459.721, 459.725) “Director” means the
Director of the Department of Public Safety.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.9752 “Division” defined. (NRS
459.721, 459.725) “Division” means the
Nevada Highway Patrol Division of the Department of Public Safety.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.97525 “Hazardous material” defined. (NRS
459.721, 459.725) “Hazardous material” has
the meaning ascribed to it in NRS
459.7024.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.9753 “Motor carrier” defined. (NRS
459.721, 459.725) “Motor carrier” means a
person who owns or operates one or more motor vehicles used to transport
hazardous material.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.97535 “Motor vehicle” defined. (NRS
459.721, 459.725) “Motor vehicle” has the
meaning ascribed to it in NRS 706.096.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.9754 “Participating state” defined. (NRS
459.721, 459.725) “Participating state”
means a state that has entered into a reciprocal agreement with this State to
participate in the uniform program.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.97543 “Permit Section” defined. (NRS
459.721, 459.725) “Permit Section” means the
Permit Section of the Division.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)—(Substituted in
revision for NAC 459.9756)
NAC 459.97545 “Person” defined. (NRS
459.721, 459.725) “Person” means a natural
person, any agency of the Federal Government, any agency or political
subdivision of this State, any form of business or social organization, and any
other legal entity, including, but not limited to, a corporation, partnership,
association, trust, or unincorporated organization.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.9755 “Principal place of business” defined. (NRS 459.721, 459.725) “Principal
place of business” means the place where a person maintains his or her central
records relating to the transportation of hazardous material.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.97555 “Reciprocal agreement” defined. (NRS 459.721,
459.725) “Reciprocal
agreement” means an agreement entered into by this State and another state to:
1. Participate in a program for the
reciprocal registration and permitting of persons who transport hazardous
material; and
2. Appoint a governing board to assist in
the administration of the agreement and the interpretation of its terms.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.97565 “Single-trip permit” defined. (NRS
459.721, 459.725) “Single-trip permit” means
a permit for the transportation of hazardous material which is issued pursuant
to NAC 459.984 and valid only in the
State of Nevada.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.9757 “Transport” and “transportation” defined. (NRS 459.721, 459.725) “Transport”
or “transportation” means the movement of property on any public highway.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.97573 “Uniform application” defined. (NRS
459.721, 459.725) “Uniform application” has
the meaning ascribed to it in NRS
459.703.
(Added to NAC by Dep’t of Pub. Safety by R168-03, eff.
12-16-2003)
NAC 459.97575 “Uniform permit” defined. (NRS
459.721, 459.725) “Uniform permit” means a
permit for the transportation of hazardous material established pursuant to 49
U.S.C. § 5119 to regulate the transportation of hazardous materials and issued
pursuant to NAC 459.9805 or the
corresponding statute or regulation of a participating state.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.97577 “Uniform program” defined. (NRS
459.721, 459.725) “Uniform program” has the
meaning ascribed to it in NRS
459.7032.
(Added to NAC by Dep’t of Pub. Safety by R168-03, eff.
12-3-2003)
NAC 459.9758 “Vehicle” defined. (NRS
459.721, 459.725) “Vehicle” has the meaning
ascribed to it in NRS 706.146.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96)
NAC 459.976 Applicability. (NRS
459.721, 459.725) Except as otherwise
provided in this section, the provisions of NAC
459.975 to 459.991, inclusive, apply
to any person who transports hazardous material in this State. Except as
otherwise provided by federal law, the provisions of NAC 459.975 to 459.991, inclusive, do not apply to the
transportation of a hazardous material by any vehicle that is owned and
operated by the Federal Government, this State or any political subdivision of
this State.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003; R203-05, 2-23-2006)
NAC 459.977 Adoption of and compliance with certain provisions of Code of
Federal Regulations. (NRS
459.721, 459.725)
1. The provisions of 49 C.F.R. Parts 40, 105
to 180, inclusive, and 325 to 399, inclusive, are hereby adopted by reference
as they exist on May 30, 2012, and as subsequently revised by the United States
Department of Transportation unless the Director gives notice pursuant to
subsection 3 that a revision is not suitable for this State. Each motor vehicle
used for the transportation of hazardous materials in this State must, and each
driver of such a vehicle shall, comply with those provisions.
2. A copy of the publications which contain
these parts may be obtained:
(a) By mail from the Superintendent of Documents,
U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri
63197-9000, or by toll-free telephone at (866) 512-1800. The price is:
(1) For the volume containing Part 40.............................................................................. $66
(2) For the volume containing Parts 105 to
180, inclusive................................................. 70
(3) For the volume containing Parts 325 to
399, inclusive................................................. 37
(b) At the Internet address http://www.gpo.gov/fdsys,
free of charge.
3. If a provision adopted by reference
pursuant to subsection 1 is revised, the Director will review the revision to
determine its suitability for this State. If the Director determines that the
revision is not suitable for this State, the Director will hold a public
hearing to review his or her determination and give notice of the hearing within
6 months after the date of the publication of the revision. If, after the
hearing, the Director does not revise his or her determination, the Director
will give notice that the revision is not suitable for this State within 30
days after the hearing. If the Director does not give such notice, the revision
becomes part of the provision adopted by reference pursuant to subsection 1.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 9-13-94, eff. 6-30-95; 1-4-96; A by Dep’t of Pub.
Safety by R168-03, 12-16-2003; R203-05, 2-23-2006; R056-09, 1-28-2010; R003-12,
5-30-2012)
NAC 459.978 Address for communications and payments. (NRS 459.721, 459.725) Any
written communication with or payment made to the Permit Section pursuant to NAC 459.975 to 459.991, inclusive, must be mailed to the
Nevada Highway Patrol, Permit Section, 555 Wright Way, Carson City, Nevada
89711-0590.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.9785 Prerequisites to transportation of hazardous materials for which
federal safety permit required. (NRS
459.721, 459.725) A motor carrier shall not
transport upon a public highway of this State any hazardous material set forth
in 49 C.F.R. § 385.403, in the quantity indicated for each, unless the motor
carrier:
1. Holds a uniform permit and a safety
permit issued by the Federal Motor Carrier Safety Administration of the United
States Department of Transportation;
2. Has a “Satisfactory” safety rating
assigned by the Federal Motor Carrier Safety Administration as required by 49
C.F.R. § 385.407(a);
3. Certifies that it has a satisfactory
security program as required by 49 C.F.R. § 385.407(b), including:
(a) A written route plan that meets the
requirements of 49 C.F.R. § 397.101; and
(b) A communication plan that allows for contact
between the operator of a motor vehicle used to transport such hazardous
material and the motor carrier, to meet the periodic contact requirements set
forth in 49 C.F.R. § 385.415(c)(1);
4. Does not have a crash rate in the top 30
percent of the national average, as indicated in the Motor Carrier Management
Information System of the Federal Motor Carrier Safety Administration;
5. Does not have a driver, vehicle,
hazardous materials or a total out-of-service rate in the top 30 percent of the
national average, as indicated in the Motor Carrier Management Information
System of the Federal Motor Carrier Safety Administration;
6. Requires all of its hazardous materials
employees to complete successfully the security training required by 49 C.F.R.
§ 172.704(a)(4) and (a)(5); and
7. Registers with the Research and Special
Programs Administration of the United States Department of Transportation in
accordance with 49 C.F.R. Part 107, Subpart G.
(Added to NAC by Dep’t of Pub. Safety by R203-05, eff.
2-23-2006)
NAC 459.979 Registration and uniform permit required. (NRS 459.7052, 459.721,
459.725) Except
as otherwise provided in NAC 459.980 and
459.984, any person who transports
hazardous materials in a vehicle upon a public highway in this State shall
register with and obtain a uniform permit from:
1. The Division, if:
(a) The person’s principal place of business is
located in this State; or
(b) The person’s principal place of business is
located in a state other than this State or a participating state, and the
mileage over which the person transported hazardous material during the
preceding year is higher in this State than any participating state;
2. The participating state in which:
(a) The person’s principal place of business is
located; or
(b) The mileage over which the person transported
hazardous material during the preceding year is the highest, if:
(1) The person’s principal place of business
is located in a state other than Nevada or a participating state; and
(2) The mileage over which the person
transported hazardous material during the preceding year is higher in the
participating state than in Nevada; or
3. Any state designated by a governing board
appointed pursuant to the uniform program if:
(a) The person petitions the governing board for
such a designation; and
(b) The entity from whom the petitioner would
otherwise be required to obtain a uniform permit pursuant to this section
agrees that the designation:
(1) Furthers the administration of the
reciprocal agreement; and
(2) Does not allow the petitioner to evade any
pending action by that entity.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.980 Use of vehicle under lease. (NRS
459.721, 459.725)
1. A vehicle which is the subject of a lease
agreement may be used to transport hazardous materials in this State if:
(a) The lessee or lessor of the vehicle has
obtained a uniform permit from the entity prescribed in NAC 459.979;
(b) The uniform permit has not expired or been
suspended; and
(c) A legible copy of the lease agreement and
uniform permit are carried in the driver’s compartment of the vehicle.
2. If a leased vehicle is used for the
transportation of hazardous material pursuant to this section otherwise than
under the authority of a uniform permit issued to the lessee of the vehicle,
the lessor of the vehicle is liable for the operation of the vehicle and
actions of its drivers, including liability for any failure by the vehicle and
its drivers to comply with:
(a) Any terms, conditions, or certifications set
forth in the uniform permit of the lessor; and
(b) Any state or federal statutes or regulations
regarding the transportation of hazardous material,
Ê to the same
extent as if the vehicle was owned and operated by the lessor and its drivers
were employed by the lessor.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.9805 Uniform permit: Uniform application for issuance or renewal;
fees; expiration. (NRS
459.721, 459.725)
1. A person seeking to obtain a uniform
permit from the Division, or to renew a uniform permit issued by the Division,
must submit to the Permit Section:
(a) A completed uniform application for the
issuance or renewal of a uniform permit, on the form prescribed by the
Division;
(b) A general processing fee of $125;
(c) The apportioned registration fee:
(1) For this State, as prescribed by
subsection 2; and
(2) For each participating state in which the
person transports hazardous material;
(d) A permit review fee of $500 to be paid once
every 3 years; and
(e) A reasonable fee to cover the administrative
expenses of any costs incurred pursuant to NAC
459.98055.
Ê A uniform
permit will not be issued or renewed pursuant to this section until the
required uniform application and fees have been received by the Permit Section.
2. Except as otherwise provided in this
subsection, the apportioned registration fee for this State is the amount
obtained by multiplying $125 by the product of:
(a) The total number of power units used by the
applicant for the transportation of all the applicant’s shipments during the
preceding year;
(b) The applicant’s total mileage for the
transportation of all his or her shipments in this State during the preceding
year divided by the applicant’s total mileage for the transportation of all his
or her shipments in all states and countries during the preceding year; and
(c) If the applicant’s shipments of hazardous
material are by:
(1) Full loads only, the total number of the
applicant’s shipments of hazardous material in this State during the preceding
year divided by the total number of all his or her shipments in this State
during the preceding year;
(2) Partial loads only, the total weight of
the applicant’s shipments containing hazardous material in this State during
the preceding year divided by the total weight of all his or her shipments in
this State during the preceding year, calculated exactly or to the number
midway between the two deciles closest to the person’s estimate of that amount;
or
(3) Both full and partial loads, the sum
obtained by adding:
(I) The percentage of his or her total
shipments of hazardous material in this State during the preceding year which
were by full loads times the number obtained by performing the calculation set
forth in subparagraph (1) as if all his or her shipments of hazardous material
in this State during the preceding year were by full loads; and
(II) The percentage of the applicant’s
total shipments of hazardous material in this State during the preceding year
which were by partial loads times the number obtained by performing the
calculation set forth in subparagraph (2) as if all his or her shipments of
hazardous material in this State during the preceding year were by partial
loads,
Ê calculated
exactly or to the number midway between the two deciles closest to the person’s
estimate of that amount.
3. A uniform permit issued pursuant to this
section expires on:
(a) December 31 of the year in which the uniform
permit was issued if the uniform permit was issued by the Division for a
calendar year; or
(b) June 30 of the year in which the uniform permit
was issued if the uniform permit was issued by the Division for a fiscal year.
4. Except as otherwise provided in
subsection 5, a motor carrier who transports hazardous waste in this State
shall complete all parts of the uniform application except part III.
5. A motor carrier shall complete all
sections of the uniform application if the motor carrier transports:
(a) Radioactive waste in this State; or
(b) Hazardous waste in a participating state that
requires completion of part III of the uniform application.
6. If a motor carrier is required by
subsection 5 to complete all sections of the uniform application, the motor
carrier shall pay a fee:
(a) For the performance of a background
investigation required pursuant to the uniform program. The fee for the
background investigation is the actual cost of the investigation. The Permit
Section shall inform the applicant of the estimated cost of the investigation,
and the Permit Section must receive a fee in that amount before an
investigation will begin. Any unexpended portion of the fee will be refunded to
the applicant, regardless of the outcome of the investigation.
(b) For on-site investigations by the Division.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.98055 Authority of Division to require fingerprints from principal
officers of applicant. (NRS
459.721, 459.725)
1. In addition to any other information
required by law, the Division may require the principal officers of an
applicant to submit a fingerprint card with its uniform application.
Fingerprints must be taken by a recognized law enforcement agency.
2. For the purposes of this section,
principal officer means any person having responsibility, control, or influence
over the environmental, waste management or transportation operations of the
applicant.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
eff. 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.982 Uniform permit: Notice of change in information in uniform
application. (NRS
459.721, 459.725) If there is any change in
the information contained in a uniform application to the Division for the issuance
or renewal of a uniform permit, the holder of the uniform permit shall, within
1 year after the change occurs, give written notice of the change to the Permit
Section.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 9-13-94, eff. 6-30-95; 1-4-96; A by Dep’t of Pub.
Safety by R168-03, 12-16-2003)
NAC 459.983 Uniform permit: Maintenance at place of business; inspection;
copy required in vehicle during transportation.
(NRS
459.721, 459.725)
1. The original of any uniform permit must
be:
(a) Maintained by the holder at his or her
principal place of business, as listed in his or her uniform application or as
stated pursuant to NAC 459.982; and
(b) Made available for inspection upon request by
any peace officer.
2. A legible copy of the uniform permit must
be carried in the driver’s compartment of the vehicle at all times while the
vehicle is being used to transport hazardous materials.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, 6-30-95; 1-4-96; A by
Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.984 Single-trip permit: Obtainment; use; expiration; fee. (NRS 459.721, 459.725)
1. A person may, not more than once during
any period of 3 consecutive months, obtain a single-trip permit in lieu of a
uniform permit, from any authorized vendor before or at the time of entry into
this State.
2. A single-trip permit:
(a) Is valid for only a single vehicle and shipment
of hazardous material within or through this State.
(b) Must be carried in the driver’s compartment of
the vehicle for which it is issued, and must not be duplicated.
(c) Expires 72 hours after its issuance.
3. The fee for a single-trip permit is $125.
4. A single-trip permit must not be used to
transport any hazardous material set forth in 49 C.F.R. § 385.403, unless the
motor carrier holds a safety permit issued by the Federal Motor Carrier Safety
Administration of the United States Department of Transportation.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003; R203-05, 2-23-2006)
NAC 459.986 Inspection of vehicles; verification of drivers’ qualifications. (NRS 459.712, 459.721,
459.725)
1. Any vehicle used to transport hazardous
materials in this State is subject to inspection.
2. The qualifications of the driver of a
vehicle used to transport hazardous materials in this State are subject to
verification.
3. Any such inspection will be conducted by
employees of the Division, in conformity with the national uniform inspection
procedure and vehicle and driver out-of-service standards adopted by the
Commercial Vehicle Safety Alliance and by the Division.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90)
NAC 459.9865 Provision of notice before transportation of radioactive waste. (NRS 459.709, 459.721,
459.725) A person
who transports radioactive waste shall notify the Division not less than 4 hours
nor more than 48 hours before beginning to transport the waste in this State.
As used in this section, “radioactive waste” includes low-level waste as
defined in NRS 459.007.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
11-16-89, eff. 1-1-90)
NAC 459.987 Reporting certain accidents and incidents. (NRS 459.718, 459.721,
459.725)
1. Any accident or incident involving
hazardous materials must be reported to the Division in the manner provided by NRS 459.718.
2. Any such report must be submitted on a
form prescribed by the Division or on the form prescribed for the hazardous
material incident report by the United States Department of Transportation
(Form No. 5800.1).
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A by Dep’t of Pub. Safety by R168-03, 12-16-2003)
NAC 459.988 Reimbursement of expenses for response to spill or accident. (NRS 459.721, 459.725) If an
incident occurs involving hazardous materials, the expenses for which
reimbursement may be sought pursuant to NRS 459.760 and 459.770:
1. Include any expenses incurred for
immediate action taken to prevent injury to persons or property.
2. Are the obligation, jointly and severally,
of:
(a) The holder of the uniform permit, or of the
single-trip permit, pursuant to which the hazardous materials are being
transported or, if the materials are transported without a uniform permit, or a
single-trip permit, the person who is required to obtain the uniform permit, or
the single-trip permit, pursuant to the provisions of NAC 459.979 or 459.984; and
(b) Each agent or employee of the person described
in paragraph (a).
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 9-13-94, eff. 6-30-95; 1-4-96; A by Dep’t of Pub.
Safety by R168-03, 12-16-2003)
NAC 459.989 Disciplinary action: Grounds; imposition of sanctions. (NRS 459.721, 459.725) In
addition to the provisions set forth in NRS 459.7058, the Division may
deny, refuse to renew or suspend a uniform permit if, in connection with the
transportation of hazardous materials, the applicant or holder:
1. Violates any out-of-service regulation of
the United States Department of Transportation, compliance with which is his or
her responsibility;
2. Violates any provision of NRS 459.700 to 459.780, inclusive, or NAC 459.975 to 459.991, inclusive;
3. Knowingly provides false or misleading
information in his or her application for a uniform permit;
4. Knowingly uses a forged uniform permit or
a uniform permit which has been altered;
5. Except as otherwise provided by NAC 459.980, allows the uniform permit to
be used by a person who is not his or her agent or employee;
6. Is found to be an unsatisfactory carrier
as the result of a safety review or safety management audit conducted by the
United States Department of Transportation, Federal Motor Carrier Safety
Administration or by the Department of Public Safety;
7. Fails to submit a renewal application and
the appropriate fees as required by NAC
459.9805;
8. Fails to comply with any applicable
requirement of or any order issued pursuant to:
(a) The Federal Motor Carrier Safety Regulations of
the United States Department of Transportation;
(b) The Hazardous Materials Regulations set forth
in 49 C.F.R. Parts 171 to 180, inclusive; or
(c) Any statute or regulation of this State
governing the transportation of hazardous materials, in a manner showing that
the motor carrier is not fit to transport hazardous materials; or
9. Loses its right to operate or has its
registration suspended in accordance with 49 C.F.R. § 386.83 or 386.84 for
failure to pay a civil penalty or abide by a payment plan.
Ê In any case
it deems appropriate, the Division may impose a sanction greater than that
otherwise prescribed by this section.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003; R203-05, 2-23-2006)
NAC 459.990 Disciplinary action: Notice of intended action; request for
hearing; time and place of hearing. (NRS
459.721, 459.725)
1. Not less than 15 days before it denies,
refuses to renew, or suspends a uniform permit pursuant to NAC 459.989, the Division will give notice
of its intended action to the applicant or holder by certified mail sent to his
or her principal place of business.
2. Any holder or applicant who receives a
notice pursuant to subsection 1 and who is aggrieved by the intended action of
the Division may make a written request for a hearing on the matter before the
Director or his or her designee. Any such request must be made by certified
mail and must be postmarked not later than 10 days after the date the holder or
applicant receives the notice mailed pursuant to subsection 1.
3. If a request for a hearing is made pursuant
to subsection 2, the Division will schedule the hearing for a date not later
than 30 days after the date it receives the request. Any hearing held pursuant
to this section must be held in Carson City.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 9-13-94, eff. 6-30-95; 1-4-96; A by Dep’t of Pub.
Safety by R168-03, 12-16-2003)
NAC 459.991 Disciplinary action: Reinstatement of uniform permit. (NRS 459.721, 459.725)
1. The Division may reinstate a uniform
permit which has previously been suspended pursuant to NAC 459.989 if the holder corrects the
violation and otherwise complies with the provisions of NRS 459.700 to 459.780, inclusive, and NAC 459.975 to 459.991, inclusive.
2. In such a case, upon the request of the
holder, the Division will give written notice to the holder by certified mail
of the conditions of reinstatement and any deadline for compliance with those
conditions.
(Added to NAC by Dep’t of Motor Veh. & Pub. Safety,
9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A
by Dep’t of Pub. Safety by R168-03, 12-16-2003)
PLANNING FOR AND RESPONDING TO DISCHARGE OF HAZARDOUS
MATERIAL
General Provisions
NAC 459.9912 Definitions. (NRS
459.740) As
used in NAC 459.9912 to 459.99189, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.99121 to 459.99128, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by St. Emergency Response Comm’n by R034-00,
eff. 6-20-2000; A by R133-03, 3-26-2004; R177-05, 6-1-2006)
NAC 459.99121 “Bylaws Committee” defined. (NRS
459.740) “Bylaws
Committee” means the committee established by the Commission to review annually
the bylaws of the Commission and the bylaws and membership list of a local
emergency planning committee.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R059-22, 12-29-2022)
NAC 459.99122 “Commission” defined. (NRS
459.740) “Commission”
means the State Emergency Response Commission.
(Added to NAC by St. Emergency Response Comm’n by R034-00,
eff. 6-20-2000)—(Substituted in revision for NAC 459.9913)
NAC 459.99123 “Emergency plan” defined. (NRS
459.740) “Emergency
plan” means a plan established by a local emergency planning committee pursuant
to NAC 459.99133 to respond to an
emergency caused by the release of a hazardous material.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R059-22, 12-29-2022)
NAC 459.99124 “Extremely hazardous material” defined. (NRS 459.740) “Extremely hazardous
material” has the meaning ascribed to it in NRS 459.7022.
(Added to NAC by St. Emergency Response Comm’n by R034-00,
eff. 6-20-2000)—(Substituted in revision for NAC 459.9914)
NAC 459.99125 “Facility” defined. (NRS
459.740) “Facility”
includes any group of activities which are involved in the storage, use or
manufacture of extremely hazardous materials, are located on one or more
contiguous properties and are owned, operated or controlled by the same person.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99126 “Funding Committee” defined. (NRS
459.740) “Funding
Committee” means the committee established by the Commission to assist the
Commission in matters concerning funding.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.991265 “Local emergency planning committee” defined. (NRS 459.740) “Local emergency planning
committee” means the committee appointed by the Commission pursuant to 42
U.S.C. § 11001.
(Added to NAC by St. Emergency Response Comm’n by R177-05,
eff. 6-1-2006)
NAC 459.99127 “Person” defined. (NRS
459.740) “Person”
includes any agency or political subdivision of this State.
(Added to NAC by St. Emergency Response Comm’n, eff. 8-25-92;
A by R034-00, 6-20-2000)—(Substituted in revision for NAC 459.9915)
NAC 459.99128 “Planning and Training Subcommittee” defined. (NRS 459.740) “Planning and Training
Subcommittee” means the subcommittee appointed by the Funding Committee to
assist the Committee in matters concerning planning and training for emergency
response.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
Emergency Planning
NAC 459.99131 Powers and duties of Commission.
(NRS
459.740) In
accordance with the requirements of 42 U.S.C. §§ 11001 et seq., the Commission
will:
1. Designate emergency planning districts in
this State to facilitate the preparation and implementation of emergency plans.
The Commission may revise the designation of an emergency planning district at
its discretion.
2. Designate the facilities that are within
the jurisdiction of each emergency planning district.
3. Within 30 days after the designation of
an emergency planning district, establish a local emergency planning committee
for the emergency planning district and appoint the members to serve on the
local emergency planning committee. The Commission may, at its discretion,
revise the appointment of any member to a local emergency planning committee.
An interested person may petition the Commission for a modification of the
membership of a local emergency planning committee.
4. Supervise and coordinate the activities
of each local emergency planning committee.
5. Through the Planning and Training
Subcommittee, annually review the emergency plan of each local emergency
planning committee and approve the emergency plan if it complies with the
guidelines for emergency plans published by the National Response Team
established pursuant to the National Contingency Plan set forth in 42 U.S.C. §
9605. The Commission may make recommendations to a local emergency planning
committee for revisions of the emergency plan to ensure coordination of the
emergency plan with the emergency plan established by any other local emergency
planning committee.
6. Through the Bylaws Committee, annually
review the bylaws of each local emergency planning committee to ensure
compliance with federal and state laws and regulations and any other
requirements set forth by the Commission.
7. Through the Bylaws Committee, annually
review the bylaws of the Commission.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R059-22, 12-29-2022)
NAC 459.991313 Legislative committee. (NRS
459.740) The
Commission may establish a legislative committee to assist the Commission in
matters concerning changes to federal and state laws and regulations which
relate to the responsibilities of the Commission.
(Added to NAC by St. Emergency Response Comm’n by R059-22,
eff. 12-29-2022)
NAC 459.991315 Policy committee. (NRS
459.740) The
Commission may establish a policy committee to assist the Commission in:
1. Matters concerning policy, including,
without limitation, implementing or amending policies that are consistent with
federal and state laws and regulations and which relate to the responsibilities
of the Commission; and
2. Implementing or complying with any audit
findings that affect the Commission.
(Added to NAC by St. Emergency Response Comm’n by R059-22,
eff. 12-29-2022)
NAC 459.991317 Radiological committee. (NRS
459.740) The
Commission may establish a radiological committee to assist the Commission in
providing support to state agencies, local governments and tribal governments
in implementing provisions of the State of Nevada Preventative Radiological and
Nuclear Detection Concept of Operations and the State of Nevada Radiological
and Nuclear Detection Sustainment Plan.
(Added to NAC by St. Emergency Response Comm’n by R059-22,
eff. 12-29-2022)
NAC 459.99132 Local emergency planning committees: Administrative duties. (NRS 459.740) Each local emergency
planning committee shall:
1. Appoint a chair;
2. Adopt rules for the performance of its
duties and functions;
3. Annually submit to the Commission a copy
of its bylaws and a list of the members of the local emergency planning
committee;
4. Hold quarterly meetings;
5. Submit to the Commission a copy of the
agenda and minutes of every meeting at the same time that the agenda and
minutes are each made available to the public;
6. Annually publish a notice in local
newspapers that the emergency response plan, material safety data sheets,
inventory forms and any follow-up notices are available for public review
pursuant to 42 U.S.C. § 11044;
7. Submit to the Commission an affidavit of
publication stating that the local emergency planning committee has complied
with the requirement of subsection 6; and
8. Submit to the Commission a Compliance
Certification Form indicating that the local emergency planning committee has
complied with administrative requirements.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R059-22, 12-29-2022)
NAC 459.99133 Emergency plans: Establishment, review and approval; correction
of deficiencies; failure to comply. (NRS
459.740)
1. Each local emergency planning committee
shall:
(a) In compliance with the guidelines for emergency
plans published by the National Response Team established pursuant to the
National Contingency Plan set forth in 42 U.S.C. § 9605, establish an emergency
plan;
(b) Annually review the emergency plan; and
(c) On or before January 31 of each year, submit to
the Commission the emergency plan for the Planning and Training Subcommittee to
review and approve.
2. If the Planning and Training Subcommittee
identifies any deficiency in the emergency plan submitted by the local
emergency planning committee and notifies the local emergency planning
committee of the deficiency, the local emergency planning committee shall,
within 45 days after receipt of notification by the Planning and Training
Subcommittee:
(a) Revise the emergency plan to correct the
deficiency; and
(b) Submit the revised emergency plan to the
Planning and Training Subcommittee for approval.
3. If a local emergency planning committee
fails to submit an emergency plan on or before January 31 of each year pursuant
to subsection 1 or fails to submit a revised emergency plan within 45 days
after receipt of notification of any deficiency pursuant to subsection 2, the
local emergency planning committee is ineligible for any funding available from
the Commission until the Planning and Training Subcommittee reviews and
approves the emergency plan in February of the following year.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R059-22, 12-29-2022)
NAC 459.99134 Emergency plans: Implementation; report; failure to comply. (NRS 459.740)
1. Each local emergency planning committee
shall:
(a) Annually implement the emergency plan required
pursuant to NAC 459.99133 by exercise,
drill or response to a real event; and
(b) Submit to the Commission a report of the
exercise, drill or response to a real event.
2. If a local emergency planning committee
fails to meet the requirements of this section, the Commission may suspend the
current unencumbered funds of the local emergency planning committee and deem
the local emergency planning committee ineligible for any future grants until
the requirements of this section are met.
(Added to NAC by St. Emergency Response Comm’n by R177-05,
eff. 6-1-2006)
Funding for Local Emergency Planning Committees
NAC 459.99135 Authority of Commission: Grants of money from Contingency Account
for Hazardous Materials. (NRS
459.735, 459.740) Pursuant to NRS 459.742 and in accordance with
the provisions set forth in NAC 459.99138
to 459.99146, inclusive, the
Commission may:
1. Use the fees collected by the Commission
pursuant to NAC 459.9918 to 459.991825, inclusive, and deposited in
the Contingency Account for Hazardous Materials to issue grants to local
emergency planning committees for the operating, planning, training and
equipment needs of the local emergency planning committees to carry out the
emergency plans of the local emergency planning committees;
2. Use the fees collected pursuant to
subsection 4 of NRS 482.379365
and deposited in the Contingency Account for Hazardous Materials to issue
grants to local emergency planning committees for the planning, training,
supply and equipment needs of the local emergency planning committees to
support preparedness to combat terrorism; and
3. Use any money awarded to the Commission
by the Federal Government pursuant to 42 U.S.C. § 11005 and deposited in the
Contingency Account for Hazardous Materials to issue grants to local emergency
planning committees for the planning and training needs of the local emergency
planning committees to carry out the emergency plans of the local emergency
planning committees.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99136 Requests for funding: Submission; approval of amount; scope. (NRS 459.735, 459.740)
1. A local emergency planning committee or
an authorized representative acting on behalf of a local emergency planning
committee may submit an application for a grant pursuant to the provisions of NAC 459.99138 to 459.99146, inclusive. The Commission may
approve the application for the grant but will not provide funding for the
grant unless the local emergency planning committee has met and approved the
amount of funding requested in the application.
2. In submitting an application for a grant
pursuant to NAC 459.99138 to 459.99146, inclusive, a local emergency
planning committee may request funding to provide planning, training and
equipment to certain persons and entities, including, without limitation:
(a) State and local entities;
(b) Private companies;
(c) Nonprofit corporations;
(d) Public utilities owned and operated by
political subdivisions of the State; and
(e) General improvement districts involved in
preventing and responding to incidents involving hazardous materials or
mitigating such incidents.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R120-08, 12-17-2008)
NAC 459.99137 Dissemination of application forms for grants. (NRS 459.735, 459.740) The
Commission will send application forms for grants to each local emergency
planning committee not later than 6 weeks before the deadline for submission of
an application for a grant to the Commission by the local emergency planning
committees.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99138 Provision of money from proceeds of certain fees to pay for
operating costs. (NRS
459.735, 459.740) If a local emergency
planning committee is in compliance with all applicable provisions of the
Nevada Revised Statutes and the Nevada Administrative Code relating to local
emergency planning committees and the official policies of the Commission, the
Commission may provide a portion of the money from fees collected by the
Commission pursuant to NAC 459.9918 to 459.991825, inclusive, to the local
emergency planning committee for reasonable and appropriate operating costs of
the local emergency planning committee, as determined by the Commission,
including, without limitation, office supplies, overhead expenses and costs related
to meetings of the local emergency planning committee.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99139 Requests for money from proceeds of certain fees to pay for
planning. (NRS
459.735, 459.740) A local emergency planning
committee may, in its application for a grant from the Commission, request
grant money from the fees collected by the Commission pursuant to NAC 459.9918 to 459.991825, inclusive, for planning that
is necessary to carry out the emergency plan of the local emergency planning
committee or pursuant to subsection 4 of NRS 482.379365 for planning to
support preparedness to combat terrorism.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99141 Requests for money from proceeds of certain fees to pay for
training. (NRS
459.735, 459.740)
1. Except as otherwise provided in
subsection 2, a local emergency planning committee may, in its application for
a grant from the Commission, request grant money from the fees collected by the
Commission pursuant to NAC 459.9918 to 459.991825, inclusive, for training that
is necessary to carry out the emergency plan of the local emergency planning
committee or pursuant to subsection 4 of NRS 482.379365 for training to
support preparedness to combat terrorism.
2. Except for grant money to attend a
training conference, a local emergency planning committee may not request grant
money from the Commission pursuant to subsection 1:
(a) To pay for training that is necessary to carry
out the emergency plan of the local emergency planning committee unless the
local emergency planning committee previously submitted a request to the State
Fire Marshal to participate in a training program provided by the State Fire
Marshal pursuant to NRS 477.039
and the State Fire Marshal declined to provide such training.
(b) To pay for training to support preparedness to
combat terrorism unless the local emergency planning committee previously
submitted a request to the Division of Emergency Management of the Office of
the Military to participate in a training program provided by the Division and
the Division declined to provide such training.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008; R059-22, 12-29-2022)
NAC 459.99142 Requests for money from proceeds of certain fees to pay for
services of consultant or contractor. (NRS
459.735, 459.740)
1. A local emergency planning committee may,
in its application for a grant from the Commission for planning or training,
request grant money from the fees collected by the Commission pursuant to NAC 459.9918 to 459.991825, inclusive, for services to
be provided by a consultant or contractor which relate to planning or training
to carry out the emergency plan of the local emergency planning committee or
pursuant to subsection 4 of NRS
482.379365 for planning or training to support preparedness to combat
terrorism.
2. A request made pursuant to subsection 1
must include, without limitation:
(a) Two or more competitive bids that were
submitted to the local emergency planning committee by consultants or
contractors;
(b) An itemized list of the scope of the services
to be provided by the consultant or contractor who was selected by the local
emergency planning committee; and
(c) An itemized quote for the costs of the services
to be provided by the consultant or contractor.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99143 Requests for money from proceeds of certain fees to pay for
equipment. (NRS
459.735, 459.740)
1. A local emergency planning committee may,
in its application for a grant from the Commission, request grant money from the
fees collected by the Commission pursuant to NAC
459.9918 to 459.991825,
inclusive, for equipment that is necessary to carry out the emergency plan of
the local emergency planning committee or pursuant to subsection 4 of NRS 482.379365 for equipment to
support preparedness to combat terrorism.
2. Except as otherwise provided in this
subsection, the request for equipment must be for equipment designated on the
list of appropriate equipment for matters relating to emergency response of
hazardous materials or to support preparedness to combat terrorism that is
provided by the Commission. The local emergency planning committee may include
a request for equipment not designated on the list provided by the Commission
if the local emergency planning committee includes a quote for the cost of the
equipment in the application.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99144 Requests for money from federal funding to pay for planning. (NRS 459.735, 459.740) A local
emergency planning committee may, in its application for a grant from the
Commission, request grant money from the money awarded to the Commission by the
Federal Government pursuant to 42 U.S.C. § 11005 for planning that is necessary
to carry out the emergency plan of the local emergency planning committee.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99145 Requests for money from federal funding to pay for training. (NRS 459.735, 459.740)
1. Except as otherwise provided in
subsection 2, a local emergency planning committee may, in its application for
a grant from the Commission, request grant money from the money awarded to the
Commission by the Federal Government pursuant to 42 U.S.C. § 11005 for training
that is necessary to carry out the emergency plan of the local emergency
planning committee.
2. Except for money to attend a training
conference, a local emergency planning committee may not request grant money
from the Commission pursuant to subsection 1 to pay for training unless the
local emergency planning committee previously submitted a request to the State
Fire Marshal to participate in a training program provided by the State Fire
Marshal pursuant to NRS 477.039
and the State Fire Marshal declined to provide such training.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R120-08, 12-17-2008)
NAC 459.99146 Requests for money from federal funding to pay for services of
consultant or contractor. (NRS
459.735, 459.740)
1. A local emergency planning committee may,
in its application for a grant from the Commission for planning or training,
request grant money from the money awarded to the Commission by the Federal
Government pursuant to 42 U.S.C. § 11005 for services to be provided by a
consultant or contractor which relate to planning or training to carry out the
emergency plan of the local emergency planning committee.
2. A request made pursuant to subsection 1
must include, without limitation:
(a) Two or more competitive bids that were
submitted to the local emergency planning committee by consultants or
contractors;
(b) An itemized list of the scope of the services
to be provided by the consultant or contractor who was selected by the local
emergency planning committee; and
(c) An itemized quote for the costs of the services
of the consultant or contractor.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R120-08, 12-17-2008)
NAC 459.99147 Review of applications and award of money. (NRS 459.735, 459.740) The
Commission may:
1. Place each application for grant money
that is submitted to the Commission on an agenda for consideration at a future
meeting of the Commission;
2. Review each application for grant money
that is submitted by a local emergency planning committee; and
3. Award grant money to a local emergency
planning committee based on the following factors:
(a) The availability of money for grants in the
Contingency Account for Hazardous Materials;
(b) Whether the application for grant money
satisfies the conditions set forth in NAC
459.99138 to 459.99146, inclusive;
and
(c) Whether the local emergency planning committee
has complied with all applicable statutes, regulations and policies.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006)
NAC 459.99148 Documentation of awards of money.
(NRS
459.735, 459.740) Upon the determination of
the Commission to award a grant to a local emergency planning committee, the
Commission will prepare documentation of the award and keep such documentation
on file with the Commission.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99149 Completion and submission of certain forms. (NRS 459.735, 459.740) Before
any grant money may be distributed by the Commission to a local emergency
planning committee, the local emergency planning committee must complete and
submit to the Commission the following forms provided by the Commission:
1. The Certified Assurances Form indicating
that the local emergency planning committee agrees to comply with the rules and
regulations governing the grant money awarded in the grant. The form must be
signed by the chair of the local emergency planning committee and a designee of
the appropriate governmental entity for which the grant has been awarded.
2. The Compliance Certification Form
indicating that the local emergency planning committee has complied with the
administrative requirements for a grant.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006)
NAC 459.99151 Reimbursement of expenditures: Requirements for disbursement of
money. (NRS
459.735, 459.740)
1. Except as otherwise provided in NAC 459.99152, the grant money awarded to
a local emergency planning committee by the Commission will be disbursed on the
basis of reimbursement for expenditures authorized in the grant.
2. If a local emergency planning committee
seeks to be reimbursed for an expenditure authorized in the grant, the local
emergency planning committee must submit a request for reimbursement to the Commission
not later than 30 days after the last day of the quarter or 45 days after the
end of the award period.
3. A request for reimbursement must include
a financial report, on a form approved by the Commission, consisting of an
accounting of the expenditure, the invoice for the expenditure and proof of
payment by the local emergency planning committee.
4. Within 5 working days after receiving a
request for reimbursement, the Commission will conduct an audit of the
financial report submitted to the Commission to ensure that the expenditure for
which the local emergency planning committee is requesting reimbursement is
authorized in the grant. If the Commission approves the request, the Commission
will process the payment within 1 working day after approval of the request.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006)
NAC 459.99152 Advance funding for expected expenditures exceeding $2,000. (NRS 459.735, 459.740)
1. If a local emergency planning committee
has an expected expenditure exceeding $2,000, the local emergency planning
committee may submit a request to the Commission for advance funding.
2. The request for advance funding must
include a financial report, on a form approved by the Commission, consisting of
a copy of the purchase order indicating the date of processing for the purchase
and the cost of the purchase.
3. Within 5 working days after receiving a
request for advance funding, the Commission will verify that the expenditure
for which the local emergency planning committee is requesting advance funding
is authorized in the grant. If the Commission approves the request, the
Commission will process the payment to the local emergency planning committee.
4. Within 30 days after a check for advance
funding is issued to a local emergency planning committee, the local emergency
planning committee shall submit to the Commission a financial report, on a form
approved by the Commission, that includes any invoices for the expenditure and
proof of payment.
5. If the expenditure is not made within 30
days after a check for advance funding is issued to a local emergency planning
committee, the local emergency planning committee must return to the Commission
the amount of the advance funding within 45 days after the issuance of the
check for advance funding.
6. If a check for advance funding issued to
a local emergency planning committee is in excess of the actual expenditure,
the local emergency planning committee must return to the Commission the amount
of the advance funding that is in excess of the actual expenditure within 45
days after the date of issuance of the check for advance funding.
7. If a local emergency planning committee
fails to return an amount of advance funding as required pursuant to this
section, the Commission may withhold funding from the local emergency planning
committee in the future.
8. As used in this section, “advance
funding” means an advance of the grant money awarded to pay for any
expenditures.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99153 Quarterly financial reports. (NRS
459.735, 459.740) Unless a financial report
is submitted pursuant to NAC 459.99151
or 459.99152, a local emergency
planning committee must submit to the Commission a quarterly financial report.
The quarterly financial report must be submitted on a form approved by the
Commission not later than 30 days after the last day of the quarter indicating
that no expenditures were made during that quarter.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99154 Past due financial reports. (NRS
459.735, 459.740) If a financial report
required to be submitted pursuant to NAC
459.99151, 459.99152 or 459.99153:
1. Is at least 30 days past due but less
than 45 days past due, the Commission will notify the chair of the local
emergency planning committee required to submit the financial report.
2. Is at least 45 days past due but less
than 60 days past due, the Commission will notify the designee of the
appropriate governmental entity for which the grant has been awarded.
3. Is at least 60 days past due, the
Commission may in the future withhold funding from the local emergency planning
committee required to submit the financial report.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99156 Request to revise use of money after award of grant. (NRS 459.735, 459.740)
1. If circumstances pertaining to the use of
grant money change after the award of a grant to a local emergency planning
committee, the local emergency planning committee shall submit to the
Commission a request, on a form approved by the Commission, to revise the use
of the grant money for another purpose.
2. If the request to revise the use of grant
money constitutes a change of 10 percent or more of the total amount of the
grant or constitutes a significant change to the scope of the intent of the
original grant application, before the local emergency planning committee may
carry out the change, the request must be:
(a) Approved by the Chair of the Funding Committee;
and
(b) If required by the Chair of the Funding Committee,
reviewed and approved by the Funding Committee on the record at a meeting of
the Funding Committee.
3. The Chair of the Funding Committee will
approve or deny a request described in subsection 2 within 5 working days after
receiving the request. If applicable, the Funding Committee will, within 5
working days, schedule a meeting to review the request. The local emergency
planning committee will be notified of any action taken concerning the request
within 5 working days after the action is taken.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R120-08, 12-17-2008)
Funding for State Agencies
NAC 459.99161 Authority of Commission: Allocation of money from Contingency
Account for Hazardous Materials. (NRS
459.735, 459.740) Pursuant to paragraph (d)
of subsection 2 of NRS 459.735
and in accordance with the provisions set forth in NAC 459.99163 to 459.99167, inclusive, the Commission may:
1. Allocate the fees collected by the
Commission pursuant to NAC 459.9918 to 459.991825, inclusive, and deposited in
the Contingency Account for Hazardous Materials to state agencies for training
and equipping state and local personnel to respond to accidents and incidents
involving hazardous materials;
2. Allocate the fees collected pursuant to
subsection 4 of NRS 482.379365
and deposited in the Contingency Account for Hazardous Materials to state
agencies for the planning, training, supply and equipment needs of state and
local personnel to support preparedness to combat terrorism; and
3. Allocate any money awarded to the
Commission by the Federal Government pursuant to 42 U.S.C. § 11005 and
deposited in the Contingency Account for Hazardous Materials to state agencies
for training and equipping state and local personnel to respond to accidents
and incidents involving hazardous materials.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99162 Application for allocation of money; determination and approval
of amount to request. (NRS
459.735, 459.740) In accordance with the
provisions set forth in NAC 459.99163
to 459.99167, inclusive, a state
agency which wishes to provide training or equipment to state and local personnel
to respond to accidents and incidents involving hazardous materials may submit
an application to the Commission for an allocation of money for such training
or equipment from the Contingency Account for Hazardous Materials on a form
approved by the Commission. Before such a state agency may submit an
application for an allocation of money pursuant to the provisions of NAC 459.99163 to 459.99167, inclusive, the head of the
state agency must determine and approve, based upon the needs of the state
agency, the amount of funding the state agency will request in the application.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99163 Requests for money from proceeds of certain fees to pay for
training. (NRS
459.735, 459.740)
1. Except as otherwise provided in
subsection 2, a state agency may, in its application for an allocation of money
from the Commission submitted pursuant to NAC
459.99162, request money from the fees collected by the Commission pursuant
to NAC 459.9918 to 459.991825, inclusive, for training
state and local personnel to respond to accidents and incidents involving
hazardous materials or pursuant to subsection 4 of NRS 482.379365 for training to
support preparedness to combat terrorism.
2. Except for an allocation of money to
attend a training conference, a state agency may not request money from the
Commission pursuant to subsection 1:
(a) To pay for training state and local personnel
to respond to accidents and incidents involving hazardous materials unless the
state agency previously submitted a request to the State Fire Marshal to
participate in a training program provided by the State Fire Marshal pursuant
to NRS 477.039 and the State Fire
Marshal declined to provide such training.
(b) To pay for training to support preparedness to
combat terrorism unless the state agency previously submitted a request to the
Division of Emergency Management of the Office of the Military to participate
in a training program provided by the Division and the Division declined to
provide such training.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008; R059-22, 12-29-2022)
NAC 459.99164 Requests for money from proceeds of certain fees to pay for
services of consultant or contractor. (NRS
459.735, 459.740)
1. A state agency may, in its application
for an allocation of money from the Commission submitted pursuant to NAC 459.99162, request money from the fees
collected by the Commission pursuant to NAC
459.9918 to 459.991825,
inclusive, for services to be provided by a consultant or contractor which
relate to the training of state and local personnel to respond to accidents and
incidents involving hazardous materials or pursuant to subsection 4 of NRS 482.379365 for training to
support preparedness to combat terrorism.
2. A request made pursuant to subsection 1
must include, without limitation:
(a) Two or more competitive bids that were
submitted to the state agency by consultants or contractors;
(b) An itemized list of the scope of the services
to be provided by the consultant or contractor who was selected by the state
agency; and
(c) An itemized quote for the costs of the services
to be provided by the consultant or contractor.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99165 Requests for money from proceeds of certain fees to pay for
equipment. (NRS 459.735,
459.740)
1. A state agency may, in its application
for an allocation of money from the Commission submitted pursuant to NAC 459.99162, request money from the
fees collected by the Commission pursuant to NAC
459.9918 to 459.991825, inclusive,
for equipping state and local personnel to respond to accidents and incidents
involving hazardous materials or pursuant to subsection 4 of NRS 482.379365 for equipment to
support preparedness to combat terrorism.
2. Except as otherwise provided in this
subsection, the request for equipment must be for equipment designated on the
list of appropriate equipment for matters relating to emergency response of
hazardous materials or to support preparedness to combat terrorism that is
provided by the Commission. The state agency may include a request for
equipment not designated on the list provided by the Commission if the state
agency includes a quote for the cost of the equipment in the application.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99166 Requests for money from federal funding to pay for training. (NRS 459.735, 459.740)
1. Except as otherwise provided in
subsection 2, a state agency may, in its application for an allocation of money
from the Commission submitted pursuant to NAC
459.99162, request an allocation from the money awarded to the Commission
by the Federal Government pursuant to 42 U.S.C. § 11005 for training state and
local personnel to respond to accidents or incidents involving hazardous
materials.
2. Except for grant money to attend a
training conference, a state agency may not request money from the Commission
pursuant to subsection 1 to pay for training unless the state agency previously
submitted a request to the State Fire Marshal to participate in a training
program provided by the State Fire Marshal pursuant to NRS 477.039 and the State Fire
Marshal declined to provide such training.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R120-08, 12-17-2008)
NAC 459.99167 Requests for money from federal funding to pay for services of
consultant or contractor. (NRS
459.735, 459.740)
1. A state agency may, in its application
for an allocation of money from the Commission submitted pursuant to NAC 459.99162, request an allocation from
the money awarded to the Commission by the Federal Government pursuant to 42
U.S.C. § 11005 for services to be provided by a consultant or contractor which
relate to planning or training state and local personnel to respond to
accidents and incidents involving hazardous materials.
2. A request made pursuant to subsection 1
must include, without limitation:
(a) Two or more competitive bids that were
submitted to the state agency by consultants or contractors;
(b) An itemized list of the scope of the services
to be provided by the consultant or contractor who was selected by the state
agency; and
(c) An itemized quote for the costs of the services
to be provided by the consultant or contractor.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R120-08, 12-17-2008)
NAC 459.99168 Review of applications and allocation of money. (NRS 459.735, 459.740) The
Commission may:
1. Place each application for an allocation
of money from the Contingency Account for Hazardous Materials that is submitted
to the Commission by a state agency for training and equipping state and local
personnel to respond to accidents and incidents involving hazardous materials
on an agenda for consideration at a future meeting of the Commission;
2. Review each application for an allocation
of money that is submitted by a state agency; and
3. Allocate money to a state agency:
(a) Based on the availability of money in the
Contingency Account for Hazardous Materials; and
(b) If the application for an allocation of money
satisfies the conditions set forth in NAC
459.99163 to 459.99167, inclusive.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99169 Documentation of allocations of money. (NRS 459.735, 459.740) Upon the
determination of the Commission to allocate money to a state agency for
training and equipping state and local personnel to respond to accidents and
incidents involving hazardous materials, the Commission will prepare
documentation of the allocation of money and keep such documentation on file
with the Commission.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99171 Completion and submission of certain forms. (NRS 459.735, 459.740) Before
any money may be distributed by the Commission to a state agency for training
and equipping state and local personnel to respond to accidents and incidents
involving hazardous materials or to support preparedness to combat terrorism,
the state agency must complete and submit to the Commission the following forms
provided by the Commission:
1. The Certified Assurances Form indicating
that the state agency agrees to comply with the rules and regulations governing
the allocation of money by the Commission. The form must be signed by the head
of the state agency or his or her designee.
2. The Compliance Certification Form
indicating that the state agency has complied with the administrative
requirements for an allocation of money from the Contingency Account for
Hazardous Materials.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R120-08, 12-17-2008)
NAC 459.99172 Reimbursement of expenditures: Requirements for disbursement of
money. (NRS
459.735, 459.740)
1. Except as otherwise provided in NAC 459.99173, the money allocated to a
state agency for training and equipping state and local personnel to respond to
accidents and incidents involving hazardous materials by the Commission from
the Contingency Account for Hazardous Materials will be disbursed on the basis
of reimbursement for expenditures authorized in the allocation of money.
2. If the state agency seeks to be
reimbursed for an expenditure authorized in the allocation of money, the state
agency must submit a request for reimbursement to the Commission not later than
30 days after the last day of the quarter or 45 days after the end of the award
period.
3. A request for reimbursement must include
a financial report, on a form approved by the Commission, consisting of an
accounting of the expenditure, the invoice for the expenditure and proof of
payment by the state agency.
4. Within 5 working days after receiving a
request for reimbursement, the Commission will conduct an audit of the
financial report submitted to the Commission to ensure that the expenditure for
which the state agency is requesting reimbursement is authorized in the
allocation of money. If the Commission approves the request, the Commission will
process the payment within 1 working day after approval of the request.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006)
NAC 459.99173 Advance funding for expected expenditures exceeding $2,000. (NRS 459.735, 459.740)
1. A state agency which receives an
allocation of money from the Commission for training or equipping state and
local personnel to respond to accidents and incidents involving hazardous
materials and which has an expected expenditure exceeding $2,000 may submit a
request to the Commission for advance funding.
2. The request for advance funding must
include a financial report, on a form approved by the Commission, consisting of
a copy of the purchase order indicating the date of processing for the purchase
and the cost of the purchase.
3. Within 5 working days after receiving a
request for advance funding, the Commission will verify that the expenditure
for which the state agency is requesting advance funding is authorized in the
documentation of the allocation of money. If the Commission approves the
request, the Commission will process the payment to the state agency.
4. Within 30 days after a check for advance
funding is issued to the state agency, the state agency shall submit to the
Commission a financial report, on a form approved by the Commission, that
includes any invoices for the expenditure and proof of payment.
5. If the expenditure is not made within 30
days after a check for advance funding is issued to the state agency, the state
agency must return to the Commission the amount of the advance funding within
45 days after the issuance of the check for advance funding.
6. If a check for advance funding issued to
the state agency is in excess of the actual expenditure, the state agency must
return to the Commission the amount of the advance funding that is in excess of
the actual expenditure within 45 days after the date of issuance of the check
for advance funding.
7. If the state agency fails to return an
amount of advance funding as required pursuant to this section, the Commission
may withhold funding from the state agency in the future.
8. As used in this section, “advance
funding” means an advance of the money allocated to pay for any expenditures.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99174 Quarterly financial reports. (NRS
459.735, 459.740) Unless a financial report
is submitted pursuant to NAC 459.99172
or 459.99173, a state agency which
receives an allocation of money from the Commission for training or equipping
state and local personnel to respond to accidents and incidents involving
hazardous materials must submit to the Commission a quarterly financial report.
The quarterly financial report must be submitted on a form approved by the
Commission not later than 30 days after the last day of the quarter indicating
that no expenditures were made during that quarter.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99175 Past due financial reports. (NRS
459.735, 459.740) If a financial report
required to be submitted pursuant to NAC
459.99172, 459.99173 or 459.99174:
1. Is at least 30 days past due but less
than 45 days past due, the Commission will notify the state agency required to
submit the financial report.
2. Is at least 45 days past due but less
than 60 days past due, the Commission will notify the head of the state agency
required to submit the financial report.
3. Is at least 60 days past due, the
Commission may in the future withhold funding from the state agency required to
submit the financial report.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004)
NAC 459.99177 Request to revise use of money after allocation. (NRS 459.735, 459.740)
1. If circumstances pertaining to the use of
money change after the Commission approves the allocation of money to a state
agency, the state agency shall submit to the Commission a request, on a form
approved by the Commission, to revise the use of the money for another purpose.
2. If the request to revise the use of money
constitutes a change of 10 percent or more of the total amount of the money
allocated or constitutes a significant change to the scope of the intent of the
original application, before the state agency may carry out the change, the
request must be:
(a) Approved by the Chair of the Funding Committee;
and
(b) If required by the Chair of the Funding
Committee, reviewed and approved by the Funding Committee on the record at a
meeting of the Funding Committee.
3. The Chair of the Funding Committee will
approve or deny a request described in subsection 2 within 5 working days after
receiving the request. If applicable, the Funding Committee will, within 5
working days, schedule a meeting to review the request. The state agency will
be notified of any action taken concerning the request within 5 working days
after the action is taken.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R120-08, 12-17-2008)
Imposition
and Payment of Fees
NAC 459.9918 Fees for certain services and regulatory activities of
Commission. (NRS
459.740, 459.744) The Commission will charge
a person for whom it performs a service or regulatory activity the fees set
forth in the following schedule:
1. For processing a report filed with the
Commission pursuant to 40 C.F.R. Part 370, Subpart B, except for a report of an
extremely hazardous material pursuant to NAC
459.99181............................... $100
2. For each hour or fraction thereof that an
employee, agent, contractor or other designee of the Commission spends in
responding to a request for information, except for a request for information
made pursuant to 40 C.F.R. Part 370, Subpart C.................................................................................. $50
(Added to NAC by St. Emergency Response Comm’n by R034-00,
eff. 6-20-2000; A by R133-03, 3-26-2004)—(Substituted in revision for NAC
459.9916)
NAC 459.99181 Fees for storage of extremely hazardous materials. (NRS 459.704, 459.740,
459.744)
1. The filing fee required pursuant to
paragraph (a) of subsection 2 of NRS
459.744 is $100 for each facility in which extremely hazardous material is
stored.
2. The surcharge required pursuant to
paragraph (b) of subsection 2 of NRS
459.744 is $100 per ton for each ton of material stored in excess of 1 ton.
(Added to NAC by St. Emergency Response Comm’n, eff. 8-25-92;
A by R077-98, 9-25-98; R034-00, 6-20-2000; R133-03, 3-26-2004; R177-05, 6-1-2006)
NAC 459.99182 Fees for manufacture for transport of extremely hazardous
material. (NRS
459.704, 459.740, 459.744)
1. The filing fee required pursuant to
paragraph (a) of subsection 3 of NRS
459.744 is $100.
2. The surcharge required pursuant to
paragraph (b) of subsection 3 of NRS
459.744 is $100 for each ton of material which is manufactured for
transport in this State.
3. In accordance with subsection 3 of NRS 459.744, the Commission will not
require any person to pay more than $2,000 in fees imposed pursuant to this
section for any calendar year.
(Added to NAC by St. Emergency Response Comm’n, eff. 8-25-92;
A by R077-98, 9-25-98; R034-00, 6-20-2000; R133-03, 3-26-2004)—(Substituted in
revision for NAC 459.9919)
NAC 459.991825 Reporting fee for submission of toxic chemical release form. (NRS 459.704, 459.740,
459.744) The
reporting fee required pursuant to subsection 4 of NRS 459.744 is $500 for each person
who is required to submit a toxic chemical release form pursuant to 42 U.S.C.
§§ 11001 et seq.
(Added to NAC by St. Emergency Response Comm’n by R177-05,
eff. 6-1-2006)
NAC 459.99183 Failure to pay required fee when due. (NRS 459.704, 459.740)
1. If a person fails to pay a fee required
pursuant to NAC 459.9918, 459.99181, 459.99182 or 459.991825 on or before the applicable
due date, the Commission will send a written notice to the person stating that
the fee has not been paid and notifying the person of the provisions of
subsection 2.
2. If a person fails to pay a fee required
pursuant to NAC 459.9918, 459.99181, 459.99182 or 459.991825 within 90 days after
receiving written notification of failure to pay pursuant to subsection 1, the
Commission will:
(a) Submit the matter to the Attorney General to
initiate proceedings against the person pursuant to NRS 459.775; and
(b) Assign the debt for collection to the State
Controller pursuant to NRS 353C.195.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006; R059-22, 12-29-2022)
NAC 459.991835 Limitation on amount of certain fees. (NRS 459.704, 459.740,
459.744) The
Commission will not require any person to pay more than $7,500 in fees imposed
pursuant to subsection 1 of NAC 459.9918,
NAC 459.99181 or 459.991825 for any calendar year.
(Added to NAC by St. Emergency Response Comm’n by R177-05,
eff. 6-1-2006)
NAC 459.99184 Overpayment of required fee. (NRS
459.704, 459.740) If a person has overpaid a
fee required pursuant to NAC 459.9918, 459.99181, 459.99182 or 459.991825, the Commission will:
1. Send a written notice to the person indicating
the amount of the overpayment; and
2. Unless the person submits a request for a
refund of the amount of the overpayment, credit the account of the person in
the amount of the overpayment to be applied toward future fees imposed upon the
person pursuant to NAC 459.9918, 459.99181, 459.99182 or 459.991825.
(Added to NAC by St. Emergency Response Comm’n by R133-03,
eff. 3-26-2004; A by R177-05, 6-1-2006)
Appeals
NAC 459.99189 Appeal of decision of Commission or staff member of Commission. (NRS 459.740)
1. If a local emergency planning committee
or a state agency is not satisfied with a decision by the Commission or by a
staff member of the Commission, the local emergency planning committee or state
agency may file an appeal with the Administrator of the Commission. The appeal
must be filed in writing, including the grounds for the appeal and any
supporting documentation, within 35 days after the receipt of notice by the
local emergency planning committee or state agency of the original decision.
2. Except as otherwise provided in this
subsection, after the receipt of an appeal pursuant to this section, the
Administrator or his or her designee shall present a report to the Commission
at its next meeting. If an appeal is received after the deadline for placing
items on the agenda for the next meeting of the Commission, the Administrator
or his or her designee shall present the report to the Commission at its next following
meeting. The report presented to the Commission will include the grounds for
the appeal, supporting documentation, information concerning the claim and
recommendations for action by the Commission.
3. Not later than 10 days before the date of
the meeting in which an appeal will be heard, the Administrator or his or her
designee shall notify the local emergency planning committee or state agency in
writing of the date, time and place of the meeting.
4. The local emergency planning committee or
state agency may appear in person to present the reason for appeal.
5. The Commission may render a decision on
the claim at the time of the meeting or may defer action to a future meeting if
additional information is required for review.
6. The Administrator or his or her designee
shall mail to the participant by first-class mail notice of the decision of the
Commission within 15 days after the decision is rendered.
7. A decision by the Commission regarding an
appeal is final.
(Added to NAC by St. Emergency Response Comm’n by R177-05,
eff. 6-1-2006; A by R120-08, 12-17-2008; R059-22, 12-29-2022)
STORAGE TANKS
NAC 459.9921 Definitions. (NRS
459.826) As
used in NAC 459.9921 to 459.999, inclusive, unless the context
otherwise requires:
1. The words and terms defined in NAC 459.9922 to 459.9929, inclusive, have the meanings
ascribed to them in those sections.
2. The words and terms defined in 40 C.F.R.
§ 280.12, as that section existed on October 13, 2015, have the meanings
ascribed to them in that section.
(Added to NAC by Environmental Comm’n, eff. 10-9-90; A
by R083-05, 10-31-2005; R004-08 & R005-08, 4-17-2008; R189-08, 8-25-2009;
R106-16, 11-2-2016)
NAC 459.9922 “Assessment” defined. (NRS
459.826) “Assessment”
means a test for the presence of a regulated substance.
(Added to NAC by Environmental Comm’n, eff. 10-9-90)
NAC 459.9924 “Corrective action” defined. (NRS
459.826) “Corrective
action” means a permanent remedy that is taken if a regulated substance is
released to prevent the substance from migrating and causing danger to the
present or future health of the public or to the environment.
(Added to NAC by Environmental Comm’n, eff. 10-9-90)
NAC 459.9925 “Department” defined. (NRS
459.826) “Department”
means the State Department of Conservation and Natural Resources.
(Added to NAC by Environmental Comm’n, eff. 10-9-90)
NAC 459.9927 “Division” defined. (NRS
459.826) “Division”
means the Division of Environmental Protection of the Department.
(Added to NAC by Environmental Comm’n, eff. 10-9-90)
NAC 459.9928 “Groundwater” defined. (NRS
459.826) “Groundwater”
has the meaning ascribed to it in NAC
444.579.
(Added to NAC by Environmental Comm’n, eff. 10-9-90; A
1-23-96)
NAC 459.99283 “Listed” defined. (NRS 459.826) “Listed”
has the meaning ascribed to it in section 202 of the International Fire Code,
2003 edition.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005)
NAC 459.99285 “Marina storage tank” defined. (NRS
459.826) “Marina
storage tank” means a petroleum storage tank used to provide fuel to water
vessels, at least 90 percent of which is either above ground level or in or
over water and which has a capacity of at least 110 gallons but not more than
12,000 gallons. The term includes all piping connected to the tank, except
piping, valves, hoses, filters and nozzles associated with the fuel dispenser.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005)
NAC 459.99288 “Red tag” defined. (NRS
459.826) “Red
tag” means a unique identification device, tag or other mechanism of a design
approved by the Division that is placed on the fill pipe of an underground
storage tank to indicate that the underground storage tank is ineligible to
receive a delivery of a regulated substance.
(Added to NAC by Environmental Comm’n by R004-08, eff.
4-17-2008)
NAC 459.9929 “Underground storage tank” defined. (NRS 459.826) “Underground storage tank”
has the meaning ascribed to it in 40 C.F.R. § 280.12.
(Added to NAC by Environmental Comm’n, eff. 10-9-90; A
by R083-05, 10-31-2005)
NAC 459.993 Federal regulations: Adoption by reference of certain provisions
regarding underground storage tanks; compliance required. (NRS 459.826, 459.830)
1. The State Environmental Commission hereby
adopts by reference the provisions of 40 C.F.R. §§ 280.10 to 280.116,
inclusive, and 280.240 to 280.252, inclusive, as they existed on October 13,
2015. A copy of the volume containing these provisions may be:
(a) Obtained at a cost of $56 by mail from the
Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050,
St. Louis, Missouri 63197-9000, by toll-free telephone at (866) 512-1800 or at
the Internet address https://bookstore.gpo.gov; and
(b) Viewed in electronic format at the Internet
address www.ecfr.gov.
2. Each owner and operator of an underground
storage tank shall comply with the requirements of 40 C.F.R. §§ 280.10 to
280.116, inclusive and 280.240 to 280.252, inclusive.
3. For the purposes of this section, any
reference to “implementing agency” in 40 C.F.R. §§ 280.10 to 280.116,
inclusive, and 280.240 to 280.252, inclusive, shall be deemed to mean the
Division.
(Added to NAC by Environmental Comm’n, eff. 6-11-90; A
1-23-96; R083-05, 10-31-2005; R106-16, 11-2-2016)
NAC 459.9931 Adoption by reference of certain chapters of International
Fire Code. (NRS
459.826, 459.830) The State Environmental
Commission hereby adopts by reference chapters 2, 22 and 34 of the International
Fire Code, 2003 edition. A copy of the volume containing these provisions
may be obtained at the cost of $70 from the International Code Council at the
Internet address http://www.iccsafe.org.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005)
NAC 459.9933 Marina storage tanks: Registration; fee. (NRS 459.826) The owner or operator of a
marina storage tank shall register each marina storage tank compartment with
the Division on a prescribed form and pay an annual fee of $50 for each
registered marina storage tank compartment.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005; A by R106-16, 11-2-2016)
NAC 459.9934 Marina storage tanks: Construction, design, location and overfill
prevention. (NRS
459.826, 459.830)
1. A marina storage tank must meet the
requirements of chapters 2, 22 and 34 of the International Fire Code,
2003 edition, with regard to construction, design, location and overfill
prevention.
2. Any metallic portion of a marina storage
tank or its piping system that is in contact with the soil or water and is
subject to corrosion must be protected from corrosion by a continuously
operating cathodic protection system that is properly engineered, installed and
maintained in accordance with 40 C.F.R. §§ 280.20(a)(2) and 280.20(b)(2). A
metal tank sitting on a concrete slab will be considered in contact with the
soil unless it is insulated from the concrete by a dielectric material.
Anchoring hardware is not considered part of the tank.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005; A by R106-16, 11-2-2016)
NAC 459.9935 Marina storage tanks: Secondary containment. (NRS 459.826, 459.830)
1. A marina storage tank must have a
secondary containment area for the fuel stored in the tank.
2. Multiple products stored within the same
containment area must be compatible with each other.
3. If the secondary containment area is open
to precipitation, it must be capable of containing 110 percent of the capacity
of the largest tank plus the volume displaced by the other tanks within the
containment area.
4. The secondary containment area must be
made of concrete or steel and be compatible with and impermeable to the
products stored in the tank.
5. Liquid discharges to the environment from
the secondary containment area are prohibited if contamination of the liquid by
a regulated substance is suspected or detected.
6. The secondary containment area must not
include any uncapped drain that extends outside of the containment area.
7. A double-walled tank does not require
additional containment if:
(a) All piping connections to the tank are made
above the normal maximum liquid level;
(b) A mechanism is provided to prevent the release
of liquid from the tank by siphon flow;
(c) A mechanism, accessible to a delivery operator,
is provided for determining the level of liquid in the tank;
(d) A mechanism which does not restrict or
interfere with the proper functioning of the normal vent or emergency vent is
provided to prevent overfilling by sounding an alarm when the liquid level in
the tank reaches 90 percent of capacity and by automatically stopping the
delivery of liquid to the tank when the level in the tank reaches 95 percent of
capacity;
(e) The interstitial space is enclosed and the
space has emergency venting; and
(f) A means is provided to verify the integrity of
the double wall.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005)
NAC 459.9936 Marina storage tanks: Piping and valves. (NRS 459.826, 459.830)
1. If, on a marina storage tank:
(a) A submersible pump is used, a listed emergency
shutoff valve must be installed at each dispensing device.
(b) A suction pump-type dispensing device is used,
a listed vacuum-actuated shutoff valve with a shear section or equivalent-type
valve must be installed directly under each dispensing device.
2. Piping and valves subject to pressure
extremes caused by thermal expansion of the contents must be equipped with a
pressure-relieving device that has secondary containment.
3. Aboveground piping runs must be enclosed
in protective containment leading to a catch basin equipped with an operating
automatic leak-detection audible alarm and shutoff device.
4. Except as otherwise provided in
subsection 5, any new or replacement underground piping installed after October
31, 2005, must be:
(a) Constructed of nonmetallic components;
(b) Double-walled and integral with a listed leak
sensor; and
(c) Installed with a tracer locator wire installed
in all buried piping trenches.
5. Existing facilities which have metallic
or single-walled nonmetallic piping and which are permanently relocated to a
fuel island must install dispenser sumps with leak sensors. Any additions to
the metallic piping must be nonmetallic single- or double-walled piping.
6. For piping used at floating marinas:
(a) Suitable lengths of oil-, weather- and
UV-resistant flexible hose, UL-approved for use at marinas, must be used
between the onshore piping and the piping on the floating structure.
(b) Piping at all hinge locations must be connected
with UL-approved listed flexible piping.
(c) All docks and pier installations must have
double-walled piping.
(d) A listed emergency breakaway device designed to
retain liquid on both sides of the breakaway point must be installed in a spill
containment box monitored with a leak sensor on each line serving the dock and
anchored at the onshore end of the piping.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005)
NAC 459.9937 Marina storage tanks: Dispensing equipment. (NRS 459.826, 459.830)
1. A control must be installed that will
permit the fuel delivery pump to operate only when a dispensing nozzle is
removed from its bracket or normal position with respect to the dispensing
device and only when the switch on the dispensing device is manually actuated.
The control must also stop the pump when all nozzles have been returned either
to their brackets or to the normal nondispensing position.
2. Dispensers not integral with the tank
must have sumps with operating leak-monitoring sensors that automatically shut
off the electricity to the pumping device.
3. Dispenser hoses must be checked and a
record kept on a daily basis for evidence of blistering, carcass saturation or
separation, for cuts, nicks or abrasions that expose reinforced material, and
for slippage, misalignment or leaks at couplings. Defective hoses must be
removed from service within 48 hours after evidence of failure.
4. At least once each month, each dispenser
hose must be completely extended and inspected as follows:
(a) The hose couplings and the first 12 inches of
hose adjacent to the couplings must be examined.
(b) The dispenser hose must be checked for
structural weakness evidenced by soft spots by pressing the hose in the area
around its entire circumference. Any hose that shows evidence of soft spots
must be removed from service.
5. Any dispensing nozzle used at a marina
service station must be equipped with a nondrip check valve.
6. Daily and monthly inspections of
dispenser hoses are not required when a marina is closed during the off-season.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005)
NAC 459.9938 Marina storage tanks: Filling equipment; exception; monitoring;
testing; daily inventory records. (NRS
459.826, 459.830)
1. Except as otherwise provided in
subsection 3, all aboveground marina storage tanks must be filled through a
liquid-tight connection enclosed in a grounded fill pipe spill-containment box
that is located at least 3 feet above the ground and at least 20 feet away from
a body of water and is capable of containing a minimum of 5 gallons.
2. Except as otherwise provided in
subsection 3, all marina storage tanks filled by means of remote piping must
have installed in the piping at a point where connection and disconnection is
made between the tank and a delivery vehicle either a check valve and shutoff
valve with a quick-connect coupling or a check valve with a dry-break coupling.
The check valve device must be protected from tampering and physical damage.
3. The provisions of subsections 1 and 2 do
not apply to a marina storage tank:
(a) With a capacity of 1,100 gallons or less; or
(b) That is not equipped to accept a tight-fill and
is instead filled from a delivery nozzle on a delivery vehicle.
4. Except for double-walled, aboveground
marina storage tanks which are exempt from weekly monitoring requirements and
except as otherwise provided in subsection 6, aboveground marina storage tanks
must be visually inspected weekly for leaks. The results of the weekly visual
inspections must be dated and recorded.
5. Except as otherwise provided in
subsection 6, aboveground marina storage tanks must be:
(a) Visually inspected monthly in accordance with
the provisions of subsection 2 of NAC
445C.250; and
(b) In addition to the visual inspection pursuant
to paragraph (a), inspected monthly using a method of release detection that is
described in and conducted in accordance with 40 C.F.R. § 280.43(a)-(d) and
(g).
6. Weekly and monthly monitoring of an
aboveground marina storage tank is not required when a marina is closed during
the off-season if the tank contains only a de minimis quantity of fuel.
7. All underground or underwater piping that
is not double-walled with interstitial leak sensors must be tightness-tested
for leaks in accordance with the requirements of 40 C.F.R. § 280.41(b).
8. All electronic and mechanical equipment
used for release detection, monitoring or warning must be tested for proper
operation and calibration annually or pursuant to the manufacturer’s
recommendation, whichever is more frequent.
9. If, because of the nature of the
aboveground marina storage tank or its secondary containment, visual
inspections are not adequate for the purpose of determining whether a leak has
occurred, an owner or operator of an aboveground storage tank shall keep daily
inventory records. Daily inventory records for the most recent 3 years must be
kept on the premises or made available for inspection upon 24 hours’ notice.
Daily inventory records are not required when a marina is closed during the
off-season if the tank contains only a de minimis quantity of fuel.
10. Upon request by the Division, the owner
or operator of an aboveground marina storage tank must make available to the
Division any records of the monitoring or inspection of an aboveground marina
storage tank conducted pursuant to this section that the owner or operator is
required to maintain pursuant to 40 C.F.R. § 280.45.
(Added to NAC by Environmental Comm’n by R083-05, eff.
10-31-2005; A by R106-16, 11-2-2016)
NAC 459.99395 Underground storage tanks: Designation of Class A operators,
Class B operators and Class C operators. (NRS
459.826)
1. The owner or operator of an underground
storage tank shall, for each underground storage tank he or she owns or
operates, designate one or more persons as a Class A operator, a Class B
operator and a Class C operator in accordance with 40 C.F.R. § 280.241.
2. An owner or operator may, for the
purposes of complying with subsection 1, designate himself or herself as a
Class A operator, Class B operator or Class C operator if the owner or operator
meets the training or examination requirements prescribed in NAC 459.99396 for the class of operator
for which he or she has been designated.
3. An owner or operator may, for the
purposes of complying with subsection 1, designate a person as more than one
class of operator if the person meets the training or examination requirements
prescribed in NAC 459.99396 for each
class of operator for which the person has been designated.
4. The owner or operator of an underground
storage tank shall maintain a list of persons who are designated by the owner
or operator as Class A operators, Class B operators and Class C operators in
accordance with 40 C.F.R. § 280.245. Records maintained pursuant to this
subsection must be made available to the Division upon request.
(Added to NAC by Environmental Comm’n by R052-11, 5-30-2012,
eff. 8-8-2012; A by R106-16, 11-2-2016)
NAC 459.99396 Underground storage tanks: Requirements for operator training and
examination; records of completion of training and examination. (NRS 459.826)
1. The owner or operator of an underground
storage tank shall ensure that:
(a) A Class A operator or a Class B operator
successfully completes not later than 30 days after being designated as such:
(1) A program of training that complies with
the requirements of 40 C.F.R. § 280.242 applicable to the class for which the
person has been designated and that is provided by a person who is certified by
the Division; or
(2) A comparable examination, as described in
40 C.F.R. § 280.242(e).
(b) A Class C operator successfully completes
before being designated as such:
(1) A program of training that complies with
the requirements of 40 C.F.R. § 280.242(c) and that is provided by a person who
is certified by the Division or by a Class A operator or Class B operator who
is in good standing with the Division; or
(2) A comparable examination, as described in
40 C.F.R. § 280.242(e).
2. If an underground storage tank is not
operated in compliance with 40 C.F.R. §§ 280.10 to 280.116, inclusive, and
280.240 to 280.252, inclusive, as adopted by reference in NAC 459.993, or in compliance with NAC 459.9921 to 459.999, inclusive, the Division may
require a Class A operator or a Class B operator to be retrained in accordance
with 40 C.F.R. § 280.244.
3. In accordance with 40 C.F.R. § 280.245,
the owner or operator of an underground storage tank shall maintain a record of
the completion of training or examination required pursuant to subsection 1 and
the completion of any retraining required pursuant to subsection 2. Records
maintained pursuant to this subsection must be made available to the Division
upon request.
(Added to NAC by Environmental Comm’n by R052-11, 5-30-2012,
eff. 8-8-2012; A by R106-16, 11-2-2016)
NAC 459.994 Underground storage tanks: Testing for tightness. (NRS 459.826, 459.830)
1. Except as otherwise provided in this
section, each owner or operator of an underground storage tank shall provide a
method, or combination of methods, of release detection in accordance with 40
C.F.R. §§ 280.40 to 280.45, inclusive.
2. Tightness testing conducted pursuant to
40 C.F.R. §§ 280.43(c) and 280.44(b) must be performed by a contractor
certified by the Division. The owner or operator shall retain a certificate
from the person performing the test showing that the test has been performed.
The certificate must be made on a form approved by the Division.
3. Except as otherwise provided in this
subsection, tightness testing must be conducted on an abandoned underground
storage tank in accordance with 40 C.F.R. §§ 280.43(c) and 280.44(b) before it
is returned to service. If tightness testing on the abandoned underground
storage tank will cause a threat to human health or the environment, as
determined by the Division, the Division may waive the test or require any
other method of testing in accordance with the provisions of 40 C.F.R. §§
280.43(i) and 280.44(c). The allocation of costs pursuant to NRS 445C.370 or 445C.380 will be applied if there
is a discharge from the storage tank.
4. Tightness testing is not required before
an underground storage tank is permanently closed pursuant to 40 C.F.R. §
280.71(b) if the Division:
(a) Has no record of the storage tank being
installed, operated or closed; and
(b) Is unable to locate the owner of the storage tank.
5. Tightness testing must be conducted on an
underground storage tank that has been temporarily closed for 12 months or more
in accordance with 40 C.F.R. §§ 280.43(c) and 280.44(b) before it is returned
to service unless:
(a) The underground storage tank is monitored
monthly for releases in accordance with a method specified in 40 C.F.R. §§
280.41(a)(1) and 280.44(c); or
(b) The Division requires interstitial monitoring
of the secondary containment of the underground storage tank in accordance with
40 C.F.R. §§ 280.41(a)(2) and 280.41(b)(2).
6. As used in subsection 3, “abandoned
underground storage tank” means an underground storage tank that:
(a) Is not maintained and whose owner or operator
has not provided the Division with a written statement of his or her intention
to close the storage tank; or
(b) Is not in service and does not comply with 40
C.F.R. § 280.70 or 280.71.
(Added to NAC by Environmental Comm’n, eff. 6-11-90; A
3-26-92; 1-23-96; R083-05, 10-31-2005; R106-16, 11-2-2016)
NAC 459.9941 Underground storage tanks: Ineligibility to receive delivery of
regulated substance; placement of red tag. (NRS
459.826, 459.830) An underground storage
tank is ineligible to receive a delivery of a regulated substance if:
1. The Division:
(a) Determines that any required component of the
underground storage tank is not installed, including, without limitation, any equipment
that is designed to:
(1) Prevent a spill or overfill;
(2) Detect a leak; or
(3) Protect the underground storage tank from
corrosion; or
(b) Identifies a failure to comply with any of the
requirements set forth in 40 C.F.R. §§ 280.10 to 280.116, inclusive, or NAC 459.9933 to 459.9938, inclusive, and 459.994 to 459.995, inclusive, and the failure is not
corrected:
(1) Within 30 days after the failure is
discovered; or
(2) Within any other reasonable period
specified by the Division; and
2. The Division places, or causes to be
placed, a red tag on the fill pipe of the underground storage tank.
(Added to NAC by Environmental Comm’n by R004-08, eff.
4-17-2008; A by R106-16, 11-2-2016)
NAC 459.9942 Underground storage tanks: Notice of determination that tank is
ineligible to receive delivery of regulated substance. (NRS 459.826, 459.830) If the
Division determines that an underground storage tank located at a facility
specified by the Division is ineligible to receive a delivery of a regulated
substance, the Division shall provide a written notice of that determination to
the owner or operator or an on-site employee of the facility. The notice must
include, without limitation:
1. An identification of the underground
storage tank;
2. The date the Division makes the
determination of ineligibility;
3. The date of placement of the red tag by
the Division or the date by which the red tag must be placed on the underground
storage tank, if the Division orders the red tag to be placed by the owner or
operator of the facility;
4. Instructions for placing the red tag on
the fill pipe of the underground storage tank, if the Division orders the red
tag to be placed by the owner or operator of the facility;
5. The criteria used by the Division to make
the determination of ineligibility; and
6. The specific remedial actions which the
owner or operator of the facility must take in order for the Division to
reclassify the underground storage facility tank as eligible to receive a
delivery of a regulated substance.
(Added to NAC by Environmental Comm’n by R004-08, eff.
4-17-2008)
NAC 459.9943 Underground storage tanks: Request for or acceptance of delivery
of regulated substance to tank marked with red tag prohibited; deferral of
prohibition. (NRS
459.826, 459.830)
1. Except as otherwise provided in
subsection 2, an owner or operator of a facility specified by the Division at
which an underground storage tank is located shall not request or accept a
delivery of a regulated substance to the underground storage tank if the
underground storage tank is marked with a red tag in accordance with the
provisions of NAC 459.9941 and 459.9942.
2. The Division may authorize a single
delivery, or multiple deliveries for not more than 180 days, to an underground
storage tank that is marked with a red tag by providing a deferral in writing
to the owner or operator of the facility, if the owner or operator demonstrates
to the satisfaction of the Division that the delivery:
(a) Is required because of an emergency;
(b) Is for the purpose of testing or calibrating
the underground storage tank to reestablish eligibility to receive a delivery
pursuant to NAC 459.9944; or
(c) Is required to maintain the availability of, or
access to, motor vehicle fuel in any rural or remote area of this State specified
by the Division.
(Added to NAC by Environmental Comm’n by R004-08, eff.
4-17-2008)
NAC 459.9944 Underground storage tanks: Reclassification of tank marked with
red tag as eligible to receive delivery of regulated substance. (NRS 459.826, 459.830) If the
Division determines that an underground storage tank is ineligible to receive a
delivery of a regulated substance and the underground storage tank is marked
with a red tag pursuant to NAC 459.9941
and 459.9942, the Division may
reclassify the underground storage tank as eligible to receive such a delivery
if:
1. The owner or operator of the facility at
which the underground storage tank is located provides to the Division
documentation setting forth the remedial actions taken to install any required
equipment or to correct any failure to comply for which the tank was marked
with the red tag;
2. The Division reviews the documentation to
determine the appropriateness of the remedial action taken:
(a) Except as otherwise provided in paragraph (b),
within 7 days after the Division receives the documentation; or
(b) Within 14 days after the Division receives the
documentation, if the Division determines that an inspection of the site of the
underground storage tank is required; and
3. The Division removes the red tag or
authorizes the owner or operator of the facility, in writing, to remove the red
tag after determining that the remedial actions taken by the owner or operator
are appropriate.
(Added to NAC by Environmental Comm’n by R004-08, eff.
4-17-2008; A by R106-16, 11-2-2016)
NAC 459.9945 Underground storage tanks: Secondary containment system required
for tank installed on or after July 1, 2008; exceptions. (NRS 459.826, 459.830)
1. Except as otherwise provided in
subsection 2, secondary containment is required for all underground storage
tanks installed on or after July 1, 2008. Secondary containment for a new
underground storage tank must meet the criteria for secondary containment set
forth in 40 C.F.R. § 280.20.
2. The provisions of subsection 1 do not
apply to underground storage tanks existing at a facility before July 1, 2008,
which may be connected by piping or coupled through a manifold to the new
underground storage tank.
(Added to NAC by Environmental Comm’n by R005-08, eff.
4-17-2008; A by R106-16, 11-2-2016)
NAC 459.9946 Underground storage tanks: Secondary containment system required
upon replacement of tank or piping; exceptions.
(NRS
459.826, 459.830)
1. Except as otherwise provided in
subsection 2, secondary containment which meets the criteria set forth in 40
C.F.R. § 280.20 is required for any existing underground storage tank which is
replaced, including the replacement of any piping that constitutes a portion of
the underground storage tank regardless of whether the piping is replaced in
conjunction with or separately from other portions of the underground storage
tank.
2. The provisions of subsection 1 apply
solely to those portions of an underground storage tank that are replaced and
not to any other portion that remains in place, including any other underground
storage tank that is connected to the replaced tank by piping or coupled
through a manifold.
3. Piping is not considered to be replaced
for purposes of this section unless the entire amount of a run of piping,
excluding connectors, from one component to another component of the
underground storage tank is replaced, including, without limitation, a
component consisting of an individual tank, dispenser or piece of ancillary
equipment.
(Added to NAC by Environmental Comm’n by R005-08, eff.
4-17-2008; A by R106-16, 11-2-2016)
NAC 459.9947 Underground storage tanks: Duties of owner or operator required
to implement secondary containment. (NRS
459.826, 459.830) An owner or operator of an
underground storage tank who is required to implement secondary containment for
that underground storage tank pursuant to NAC
459.9945 and 459.9946 shall:
1. Notify the Division not less than 30 days
before the installation or replacement of an underground storage tank and
provide to the Division the proposed method of secondary containment planned
for use;
2. Upon request, make available for review
by the Division records of the installation, testing and method of monitoring
of the secondary containment.
(Added to NAC by Environmental Comm’n by R005-08, eff.
4-17-2008; A by R106-16, 11-2-2016)
NAC 459.9948 Underground storage tanks: Under-dispenser container required for
certain fuel dispenser systems; waiver of requirement under certain circumstances.
(NRS 459.826, 459.830)
1. Except as otherwise provided in
subsection 3, under-dispenser containment is required for all new fuel
dispenser systems that are installed on or after July 1, 2008, at a location
where there was no previous dispenser or at a location to replace an existing
dispenser and the equipment used to connect the dispenser to the underground
storage tank is replaced.
2. Under-dispenser containment must:
(a) Meet the criteria prescribed in 40 C.F.R. §
280.20(f);
(b) Be compatible with the substance conveyed by
dispenser piping; and
(c) At all times, be made available for inspection
by the Division.
3. The Division may waive the requirements
of this section if the owner or operator of a new fuel dispenser system
demonstrates that the system is too large to be contained using a typical
prefabricated containment sump, and the system is:
(a) Located at an airport and used to fuel small
aircraft; or
(b) Part of a bulk fueling operation.
(Added to NAC by Environmental Comm’n by R005-08, eff.
4-17-2008; A by R106-16, 11-2-2016)
NAC 459.995 Financial responsibility of owners and operators. (NRS 459.826, 459.834)
1. If requested by the Division, each owner
and operator of a registered storage tank shall submit to the Division evidence
of his or her financial responsibility. As used in this subsection, “registered
storage tank” means a storage tank operated by a person who is:
(a) Required to demonstrate financial
responsibility pursuant to 40 C.F.R. § 280.93; or
(b) Required to or who elects to register the
storage tank pursuant to NRS
445C.340 or 445C.410.
2. An owner or operator may demonstrate his
or her financial responsibility pursuant to the provisions of 40 C.F.R. §§
280.94 to 280.108, inclusive.
3. An owner or operator:
(a) Who operates a storage tank containing fuel for
jet or turbine-powered aircraft; and
(b) Who does not elect to obtain coverage pursuant
to subsection 2 of NRS 445C.410,
Ê shall comply
with the requirements for financial responsibility contained in 40 C.F.R. §§
280.90 to 280.116, inclusive.
(Added to NAC by Environmental Comm’n, eff. 6-11-90; A
3-26-92; 1-23-96; R106-16, 11-2-2016)
NAC 459.996 Releases: Reporting; protection of site; inspection by Division. (NRS 459.826)
1. The owner or operator of a storage tank
shall report any release promptly in accordance with the requirements of NAC 445A.347 and 40 C.F.R. § 280.61 if
the release from the storage tank is confirmed in accordance with the
provisions of 40 C.F.R. § 280.52. The owner or operator shall submit the report
regardless of the amount of the release for which the report is submitted.
2. The owner or operator of a facility where
a storage tank is located shall, in accordance with the reportable quantities
established in NAC 445A.347 and 40
C.F.R. § 280.53, report each spill or overfill and the discovery of any soil
contaminated by any previous spill or overfill.
3. The owner or operator shall take all
steps for initial response and abatement prescribed in 40 C.F.R. §§ 280.60,
280.61 and 280.62 to protect the site of the release from further damage.
4. The owner or operator shall permit the
Division to inspect any property or records relating to the release or damage
caused by the release.
5. As used in this section, “spill or
overfill” means any release of a regulated substance that occurs:
(a) Above the surface of the ground at a facility
where a storage tank is located;
(b) From a fuel dispenser system, aboveground or
above the shear valve; or
(c) From any ancillary equipment for the storage
tank system that:
(1) Is not included in any system for the
detection of a leak; and
(2) Is accessible to visual inspection.
(Added to NAC by Environmental Comm’n, eff. 6-11-90; A
1-23-96; R189-08, 8-25-2009; R106-16, 11-2-2016)
NAC 459.9972 Assessment required before closure of tank; notice of
contaminated soil or groundwater; removal of tank from ground. (NRS 459.826, 459.832)
1. The owner or operator of a storage tank
shall provide an assessment to the Division before a storage tank is
permanently closed.
2. The assessment must be conducted:
(a) Using analytical test method 8015 of the
Environmental Protection Agency that is modified for petroleum hydrocarbons and
other constituents as required by the Division;
(b) On two soil samples that are obtained from
native soil less than 2 feet below the bottom of the excavation of the tank,
from opposite sides or ends of the excavation in an area where contamination is
most likely to be present;
(c) On a soil sample that is obtained from native
soil less than 2 feet below the piping that supplies each dispenser system or
beneath the under-dispenser containment of each dispenser; and
(d) On any additional soil samples obtained from
locations specified by the Division.
3. The analysis must be conducted by a
laboratory that is approved by the Division.
4. The owner or operator of an underground
storage tank shall notify the Director in the manner prescribed in NAC 445A.347 if, during an assessment
conducted pursuant to this section, any contaminated soil or groundwater is
discovered in an amount that exceeds an amount of a release for which a notice
is required pursuant to that section.
5. The owner or operator of an underground
storage tank that is removed from the ground shall:
(a) Dispose of or reuse the tank in accordance with
the provisions of NRS 459.800 to 459.856, inclusive; and
(b) Maintain a record of the disposal or reuse and
provide that record to the Division upon request.
(Added to NAC by Environmental Comm’n, eff. 10-9-90; A
1-23-96; R083-05, 10-31-2005; R189-08, 8-25-2009; R106-16, 11-2-2016)
NAC 459.9985 No relief of responsibility to secure approval or permit. (NRS 459.826) NAC 459.9972 does not relieve the owner or
operator of the responsibility for securing an approval or permit from other
governmental or regulatory entities.
(Added to NAC by Environmental Comm’n, eff. 10-9-90; A
by R189-08, 8-25-2009)
NAC 459.9988 Corrective action concerning soil or groundwater; assessment of
contaminated soil or water. (NRS
459.826, 459.834)
1. An owner or operator of a storage tank
who submits a report pursuant to NAC 459.996
or a notice pursuant to NAC 459.9972
shall comply with the provisions of NAC
445A.226 to 445A.22755,
inclusive. The Division may allow the owner or operator to use any alternative
technology approved by the Division when taking any corrective action
concerning soil or groundwater pursuant to those provisions.
2. If the report or notice indicates that a
regulated substance has been released, the Division may require the owner or
operator to assess any soil or water contaminated by the release to determine
whether the presence of any hazardous waste was created by the release.
3. As used in this section, “hazardous
waste” has the meaning ascribed to it in NAC
445A.826.
(Added to NAC by Environmental Comm’n by R189-08, eff.
8-25-2009)
NAC 459.999 Severability. (NRS
459.826) If
any provision of NAC 459.9921 to 459.999, inclusive, or the application of
any such provision to any person, thing or circumstance is held invalid, it is
intended that the invalidity not affect the remaining provisions, or their
application, that can be given effect without the invalid provision or
application.
(Added to NAC by Environmental Comm’n, eff. 6-11-90; A
10-9-90; R004-08 & R005-08, 4-17-2008; R189-08, 8-25-2009)
FUND FOR BROWNFIELD PROJECTS
General Provisions
NAC 459.9991 Definitions. (NRS
459.892) As
used in NAC 459.9991 to 459.99939, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.99911 to 459.99923, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99911 “Applicant” defined. (NRS
459.892) “Applicant”
means any person who has submitted an application to the Division for financial
assistance from the Fund.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99912 “Brownfield site” defined. (NRS
459.892) “Brownfield
site” has the meaning ascribed to it in NRS 459.866.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99913 “Corrective action” defined. (NRS
459.892) “Corrective
action” means any action taken at a brownfield site pursuant to the
requirements of NAC 445A.226 to 445A.22755, inclusive.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004; A by R189-08, 8-25-2009)
NAC 459.99914 “Disadvantaged business” defined. (NRS 459.892) “Disadvantaged business”
means a business owned or controlled by women or members of a racial or ethnic
minority group.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99915 “Division” defined. (NRS
459.892) “Division”
means the Division of Environmental Protection of the State Department of
Conservation and Natural Resources.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99916 “Eligible entity” defined. (NRS
459.892) “Eligible
entity” has the meaning ascribed to it in 42 U.S.C. § 9604(k)(1), except that
the term:
1. Includes a nonprofit organization; and
2. Does not include:
(a) A government entity created by a state
legislature;
(b) An Alaska Native Regional Corporation or an
Alaska Native Village Corporation, as defined in the Alaska Native Claims
Settlement Act, 43 U.S.C. §§ 1601 et seq., or the Metlakatla Indian Community;
or
(c) Any person who is otherwise ineligible to
receive a loan from the Fund pursuant to NAC
459.99924.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99917 “Financial assistance” defined. (NRS
459.892) “Financial
assistance” means a loan or subgrant from the Fund.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99918 “Fund” defined. (NRS
459.892) “Fund”
means the Fund for Brownfield Projects created by NRS 459.878.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99919 “Hazardous substance” defined. (NRS
459.892) “Hazardous
substance” has the meaning ascribed to it in NRS 459.429.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.9992 “Person” defined. (NRS
459.892) “Person”
includes a government, governmental agency or political subdivision of a
government.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99921 “Program for voluntary cleanup” defined. (NRS 459.892) “Program for voluntary
cleanup” means the program established in NRS 459.610 to 459.658, inclusive.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99922 “Property” defined. (NRS
459.892) “Property”
means real property located in this State where a brownfield site is located.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99923 “Recipient” defined. (NRS
459.892) “Recipient”
means a person, including an eligible entity, who receives financial assistance
from the Fund.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
Loans From Fund
NAC 459.99924 Eligibility for loan: Ineligible persons. (NRS 459.892) A person is ineligible to
receive a loan from the Fund with respect to a property if the person:
1. Is subject to a pending investigation or
ongoing enforcement action of the Federal Government pursuant to the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq., or the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. §§ 9601 et seq.;
2. Is subject to a pending investigation or
ongoing enforcement action of the Division with respect to the property; or
3. Was an owner or operator of the property
who caused or contributed to the release of the hazardous substance which would
be the subject of the cleanup using a loan from the Fund.
(Added to NAC by Environmental Comm’n by R084-04, eff. 10-8-2004)
NAC 459.99925 Eligibility for loan: Requirements for site. (NRS 459.892)
1. Except as otherwise provided in this
section, for an applicant to be eligible for a loan from the Fund with respect
to a property, the property must contain the site of a release of a hazardous
substance, pollutant or petroleum product and qualify as a brownfield site.
2. An applicant may be eligible for a loan
from the Fund with respect to a disposal site only if the Division determines
that:
(a) The disposal site poses a threat to human
health or the environment because of the presence of a hazardous substance and
presents a danger to human health beyond any physical hazards that may be
present at the disposal site;
(b) The disposal site was closed before the
enactment of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§
6901 et seq.; and
(c) Corrective action is not required by the
Division pursuant to NAC 444.7481 to 444.7499, inclusive.
3. An applicant is not eligible for a loan
from the Fund with respect to a property which is eligible for funding pursuant
to NAC 445C.200 to 445C.320, inclusive, or is otherwise
subject to NAC 459.9921 to 459.999, inclusive, unless:
(a) The loan will be used for corrective action on
the property exclusively to address a hazardous substance which is distinct
from, and not commingled with, petroleum contamination that is eligible for
reimbursement pursuant to NAC 445C.200
to 445C.320, inclusive;
(b) The Division determines that the applicant is
not eligible for funding pursuant to NAC
445C.200 to 445C.320, inclusive,
for petroleum contamination on the property and:
(1) The applicant did not cause or contribute
to the release of petroleum products; and
(2) The cleanup of the petroleum contamination
would protect human health and the environment and result in the redevelopment
of the site; or
(c) The loan will be used to continue the
remediation of a hazardous substance commingled with petroleum contamination
after the issues relating to the petroleum contamination have been mitigated.
4. As used in this section, “disposal site”
has the meaning ascribed to it in NRS
444.460.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004; A by R004-08 & R005-08, 4-17-2008; R189-08, 8-25-2009)
NAC 459.99926 Application for loan: Submission; form and contents. (NRS 459.892)
1. A person may submit an application for a
loan from the Fund at any time. The application must be submitted on a form
prescribed by the Division.
2. An application for a loan from the Fund
must include:
(a) An accurate description of the property;
(b) Documentation of a source of loan repayment;
(c) An agreement that the applicant or, if the
applicant does not own the property, the owner of the property will, if
required pursuant to NAC 459.99928,
grant a security interest in the property to the Division to secure the
financing necessary for the completion of the corrective action;
(d) Documentation that the planned future
development of the property is consistent with the current and reasonably
foreseeable future land uses in the area;
(e) An accounting of the total debt against the
property;
(f) An appraisal of the estimated value of the
property after all necessary corrective actions are complete;
(g) A copy of a phase I and phase II environmental
assessment of the site which is performed in a manner consistent with the
requirements established by the Division or ASTM International; and
(h) A detailed credit history of the applicant.
3. In addition to the original application,
the applicant must provide two copies of the application for review by the
Division.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99927 Application for loan: Additional requirements for certain
applicants. (NRS
459.892)
1. If an applicant for a loan from the Fund
is not the property owner of the brownfield site, the applicant must submit
with the application a copy of a written option that entitles the applicant to
purchase the property.
2. If the applicant is a governmental
entity, the applicant must demonstrate that it has the legal authority to enter
into a legally binding obligation to repay the loan.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99928 Application for loan: Provision of collateral. (NRS 459.892) The Division may require
an applicant for a loan from the Fund to provide collateral in an amount that
is equal to the amount of the loan. The required collateral may include, without
limitation, the granting to the Division of a security interest in the property
for which the loan is being sought.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
Subgrants From Fund
NAC 459.99929 Duties of Division; eligibility of applicant for subgrant. (NRS 459.892)
1. The Division may use not more than 40
percent of the money in the Fund to make subgrants to eligible entities. In
determining whether to make a subgrant, the Division shall consider the benefit
of promoting the long-term availability of money from the Fund for remediation
at brownfield sites.
2. An applicant may be eligible for a
subgrant from the Fund with respect to a property if:
(a) The property is owned or held in trust by the
applicant; and
(b) The property is of a type described in NAC 459.99925 with respect to which an
applicant may be eligible for a loan from the Fund.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.9993 Application for subgrant: Submission; form and contents;
consideration for approval. (NRS
459.892)
1. An eligible entity may submit an
application for a subgrant from the Fund with respect to a property at any
time.
2. The application must be submitted on a
form prescribed by the Division and include:
(a) A demonstration that the applicant is an
eligible entity;
(b) A detailed description of the intended
redevelopment of the property and its projected benefits; and
(c) A statement as to whether there is an intention
to transfer ownership of the property after the corrective action is completed.
3. In determining whether to approve an
application for a subgrant from the Fund, the Division shall consider:
(a) The extent to which the subgrant will
facilitate the creation of, preservation of or addition to a park, greenway,
undeveloped property, recreational property or other property used for
nonprofit purposes;
(b) The extent to which the subgrant will meet the
needs of a community that has an inability to draw on other sources of funding
for environmental remediation and subsequent redevelopment of the area in which
a brownfield site is located because of the small population or low income of
the community; and
(c) The extent to which the subgrant will
facilitate the use or reuse of existing infrastructure in the community.
4. In addition to the original application,
the applicant must provide one copy of the application for review by the
Division.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99931 Duties of recipient upon completion of cleanup. (NRS 459.892) Upon completion of the
cleanup of a brownfield site with respect to which a subgrant has been made,
the eligible entity that received the subgrant shall close out the account for
the subgrant in the manner required by the Division. The eligible entity shall
promptly remit to the Division for deposit in the Fund all money from the
subgrant which has not been expended or committed for expenditure for the
cleanup of the brownfield site as of the date established by the Division for
closing the account.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
Recipients of Financial Assistance
NAC 459.99932 Conditions for payment and repayment of financial assistance. (NRS 459.892)
1. As soon as an agreement for financial
assistance between the Division and a recipient is signed and the money is
available, the entire amount of the financial assistance will be paid to the
recipient.
2. Conditions for the payment and any
repayment of financial assistance from the Fund:
(a) Must be set forth in the agreement for
financial assistance between the Division and the recipient; and
(b) Are subject to any requirements and limitations
that may be imposed by the United States Environmental Protection Agency.
3. As a condition of receiving financial
assistance from the Fund, a recipient must agree to provide matching money
equal to at least 20 percent of the amount received as financial assistance
from the Fund. The recipient must demonstrate through its project accounting
that the requirement concerning matching money is being met.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99933 Use of money received as financial assistance. (NRS 459.892)
1. A recipient may not use money received as
financial assistance for the payment of:
(a) The application fee for the program for
voluntary cleanup;
(b) The recovery by the Division of costs incurred
by the Division under the program for voluntary cleanup;
(c) Costs for precleanup environmental response
activities, such as site assessment, identification and characterization;
(d) Costs for activities related to site
development and construction that are not corrective actions;
(e) Costs for monitoring and data collection that
are necessary to apply for, or comply with, environmental permits required by
other state or federal laws unless such a permit is a required component of the
corrective action; or
(f) A penalty or fine.
2. A recipient may use money received as
financial assistance for the preparation of a plan for corrective action
pursuant to NAC 445A.2271 or 445A.2273 or a remedial agreement
pursuant to NRS 459.636 if the
characterization data needed to support such a plan or agreement was developed
without the use of the financial assistance.
3. A recipient shall not use money received
as financial assistance to pay any of its administrative costs related to the
management of the financial assistance. An administrative cost for an activity
that is determined by the Division to be an allowable cost may be used to meet
the requirement of matching money set forth in subsection 3 NAC 459.99932. The Division shall
determine an administrative cost to be an allowable cost if the administrative
cost directly involves the design and monitoring of performance of a corrective
action.
4. A recipient of a subgrant shall not use
money from the subgrant to purchase any equipment which costs more than $5,000.
Any such equipment which is necessary to conduct corrective actions at the
property must be rented or leased by the recipient for the period necessary to
complete the corrective actions.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99934 Cleanup by recipient enrolled in program for voluntary cleanup. (NRS 459.892)
1. Any cleanup of a brownfield site financed
with money from the Fund by a recipient who is enrolled in the program for
voluntary cleanup must be done in compliance with NRS 459.610 to 459.658, inclusive, and NAC 459.973 to 459.9743, inclusive.
2. The Division may withdraw financial
assistance paid to a recipient if the Division determines that the recipient is
not complying with the requirements set forth in NRS 459.610 to 459.658, inclusive, and NAC 459.973 to 459.9743, inclusive.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99935 Cleanup by recipient not enrolled in program for voluntary
cleanup. (NRS
459.892)
1. Any cleanup of a brownfield site financed
with money from the Fund by a recipient who is not enrolled in the program for
voluntary cleanup must be done in compliance with NAC 445A.226 to 445A.22755, inclusive.
2. Before approving a plan and schedule for
completing the corrective action that is submitted by the recipient pursuant to
NAC 445A.2271 or 445A.2273, the Division must:
(a) Publish a notice and brief summary of the plan
and schedule in a newspaper of general circulation in the county where the
brownfield site is located;
(b) Make an electronic version of the entire plan
and schedule available on its Internet website;
(c) Make reasonable efforts to provide personal
notice to all owners and residents of property located within 500 yards of the
outer boundary of the property on which the corrective action is to be
performed; and
(d) Provide 30 days for the submission of written
comments by the public.
3. The Division may withdraw financial
assistance paid to a recipient if the Division determines that the recipient is
not complying with the requirements set forth in NAC 445A.226 to 445A.22755, inclusive.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004; A by R189-08, 8-25-2009)
NAC 459.99936 Certification of compliance with federal requirements;
maintenance of records and accounts; audit of financial records. (NRS 459.892)
1. Before a contract for financial
assistance is transmitted to a recipient for signature, the recipient must
certify that it has complied and will continue to comply with all requirements
of federal law that apply to the operation of the Fund.
2. A recipient shall:
(a) Establish an official file that contains an
adequate record of all significant actions relating to the brownfield site;
(b) Establish accounts that accurately and
adequately show all amounts of money:
(1) Received as financial assistance from the
Fund;
(2) Spent on the brownfield site; and
(3) Used to comply with requirements
concerning matching money;
(c) Establish a system of accounting which ensures
that the final total costs relating to the cleanup of the brownfield site,
including all direct and indirect costs, are recorded accurately;
(d) Establish and maintain such other accounts and
records as are required by the Division to comply with requirements for
reporting established by the Federal Government; and
(e) Retain all records relating to the brownfield
site for:
(1) At least 3 years after the final repayment
of financial assistance or the date on which the account for the subgrant is
closed out by the Division, as appropriate; or
(2) Such longer period as required by the
Division.
3. All records of a recipient relating to
the brownfield site must be made available at any reasonable time for
inspection or copying by any authorized representative of the Division.
4. If an audit is required by federal law or
by an agency of the Federal Government, or if the Division determines that an
audit is necessary to ensure the integrity of the Fund, the Division may
require an audit of the financial records of a recipient relating to a
brownfield site. Such an audit must be performed at the expense of the
recipient by a certified public accountant who is independent of the recipient.
A report of the audit must be prepared by the auditor in the form prescribed by
the Division.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99937 Contracts for remedial services. (NRS
459.892) Before
a recipient may contract for remedial services relating to a brownfield site
which involves money from the Fund, the recipient must submit to the Division,
in the form prescribed by the Division, a request for approval of the contract.
The Division may approve the contract only if the contract is being awarded to
the lowest responsive, responsible bidder. The Division shall review the
request for approval to ensure that the recipient, its consultants and its
contractors have complied with the requirements set forth in NAC 459.99938 relating to disadvantaged
businesses. The Division shall not participate in the resolution of any dispute
concerning bidding relating to the contract for remedial services. The
resolution of any such dispute is the sole responsibility of the recipient. The
Division shall not approve a request for the approval of a contract for
remedial services until all such disputes have been resolved.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
NAC 459.99938 Compliance with certain labor laws; participation of
disadvantaged businesses. (NRS
459.892)
1. A recipient shall comply with all
applicable provisions of the Davis-Bacon Act, 40 U.S.C. §§ 3141 et seq., and NRS 338.010 to 338.090, inclusive. The Division
shall review the final contract documents to verify that the proper
determinations of wages pursuant to federal and state law have been included.
The recipient is responsible for ensuring compliance with all applicable labor
laws.
2. An applicant for and recipient of
financial assistance shall comply with the requirements of federal law concerning
the participation of disadvantaged businesses.
3. A recipient of financial assistance shall
attempt to comply with the fair share percentages established annually for
disadvantaged businesses by the Division and the United States Environmental
Protection Agency. Any recipient who does not meet these goals shall submit
evidence of compliance with the affirmative steps set forth in subsection 5.
4. A recipient of financial assistance shall
submit with his or her request for approval of a contract for remedial services
a report, in the form prescribed by the Division, of participation by
disadvantaged businesses. If the low bidder on a contract for remedial services
does not meet the fair share requirements for disadvantaged businesses, the
recipient shall submit to the Division evidence of compliance by the bidder
with the affirmative steps set forth in subsection 5.
5. If the recipient awards a contract for
remedial services, the recipient shall take affirmative steps to ensure that
disadvantaged businesses are used to the extent possible as sources of
supplies, equipment, materials and services. These affirmative steps must
include, without limitation:
(a) Including such businesses on solicitation
lists;
(b) Ensuring that such businesses are solicited if
they are potential sources; and
(c) Dividing total requirements, if economically
feasible, into small tasks or quantities to permit maximum participation by
disadvantaged businesses.
6. During the implementation of corrective
actions or the monitoring of the corrective actions after they have been
completed, the recipient shall permit any authorized representative of the
Division to enter onto the site of the project at any reasonable time.
7. A copy of each executed change order
relating to a contract for remedial services must be submitted to the Division.
8. A recipient shall comply with the
requirements of NAC 459.970 to 459.97295, inclusive.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
Miscellaneous Provisions
NAC 459.99939 Liability of certain bona fide prospective purchasers or innocent
purchasers for response actions or cleanup of site. (NRS 459.892)
1. A person who, as a bona fide prospective
purchaser or an innocent purchaser, is not liable for response actions or
cleanup of a site pursuant to NRS
459.930 does not become liable for response actions or cleanup at the site
solely because the person applied for or received financial assistance from the
Fund.
2. The Division may, pursuant to subsection
4 of NRS 459.930, seek to recover
costs relating to a response action or cleanup that are incurred and
unrecovered by the State of Nevada with respect to a brownfield site for which
a subgrant has been made to a bona fide prospective purchaser of the brownfield
site if:
(a) The bona fide prospective purchaser intends to
dispose of the property for private development upon completion of the
environmental cleanup; and
(b) The Division determines that the recovery of
such costs is in the best interest of the continued operation of the Fund.
3. All money recovered pursuant to
subsection 2 must be deposited in the Fund.
4. For the purposes of this section:
(a) “Bona fide prospective purchaser” has the
meaning ascribed to it in NRS 459.930.
(b) “Innocent purchaser” has the meaning ascribed
to it in NRS 459.930.
(Added to NAC by Environmental Comm’n by R084-04, eff.
10-8-2004)
DISCIPLINARY ACTION
NAC 459.99951 Definitions. (NRS
459.485, 459.500) As used in NAC 459.99951 to 459.99972, inclusive, unless the context
otherwise requires, the words and terms defined in NAC 459.99952 to 459.99955, inclusive, have the meanings
ascribed to them in those sections.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99952 “Administrator” defined. (NRS
459.485, 459.500) “Administrator” means the
Administrator of the Division or his or her designee.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99953 “Certificate” defined. (NRS 459.485,
459.500) “Certificate”
means a certificate issued pursuant to NAC
459.970 to 459.97295, inclusive.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99954 “Hearing officer” defined. (NRS
459.485, 459.500) “Hearing officer” means a
person appointed by the Administrator to preside over and make recommendations
to the Administrator concerning any disciplinary action initiated by the
Division pursuant to NAC 459.99951 to 459.99972, inclusive.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99955 “Respondent” defined. (NRS
459.485, 459.500) “Respondent” means a
person who has been sent a notice of hearing pursuant to NAC 459.99961.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99956 Grounds. (NRS 459.485,
459.500) In
addition to any other grounds for disciplinary action provided by statute or
regulation, the Division may take disciplinary action against a holder of a
certificate if the holder has:
1. Engaged in fraud or deceit in obtaining
or attempting to obtain or renew a certificate;
2. Cheated on any examination required to
obtain or renew a certificate;
3. Committed an act of gross negligence,
incompetence or misconduct in the performance of his or her duties as a holder
of a certificate;
4. Violated any requirement for a holder of
a certificate or aided or abetted any person in the violation of any
requirement for the holder of a certificate set forth in NAC 459.970 to 459.97295, inclusive;
5. Violated any requirement or aided or
abetted any person in the violation of any requirement of NAC 445A.226 to 445A.22755, inclusive, 445C.010 to 445C.390, inclusive, 459.970 to 459.97295, inclusive, or 459.9921 to 459.99938, inclusive, for services
performed under the direction or control of a holder of a certificate;
6. Been convicted of or entered a plea of
guilty or nolo contendere to any crime of which an essential element is
dishonesty or which is directly related to any activity for which a certificate
is required pursuant to NAC 459.970 to 459.97295, inclusive;
7. Provided services for which a certificate
is required pursuant to NAC 459.970 to 459.97295, inclusive, after the
certificate has expired or been suspended or revoked;
8. Been disciplined by another state or
territory, the District of Columbia, a foreign country, the Federal Government
or any other governmental agency if at least one of the grounds for discipline
is the same as or substantially similar to any grounds set forth in this
section or NAC 459.9729;
9. Demonstrated disregard for the health and
safety of the public and the environment;
10. Acted outside the rights and privileges
of the certification that the person holds;
11. Willfully made any false statement to a
governmental agency with regulatory authority, or failed to correct a false
statement previously made, that is material to the administration or
enforcement of NAC 445A.226 to 445A.22755, inclusive, 445C.010 to 445C.390, inclusive, 459.970 to 459.97295, inclusive, or 459.9921 to 459.99938, inclusive, regarding services
performed under the direction or control of the holder of a certificate; or
12. Failed to comply with an order issued by
the Administrator.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99957 Authorized disciplinary actions by Division. (NRS 459.485, 459.500)
1. If the Division determines that a holder
of a certificate has not performed in accordance with the standards set forth
in NAC 459.9729 or has engaged in
conduct described in NAC 459.99956,
the Division may take the following disciplinary actions pursuant to NAC 459.99951 to 459.99972, inclusive:
(a) Revoke the certificate;
(b) Suspend the certificate;
(c) Place the holder of the certificate on
probation for a specified period of time; or
(d) Any other disciplinary action deemed
appropriate by the Division.
2. Any disciplinary action taken pursuant to
NAC 459.99951 to 459.99972, inclusive, is separate from
and may be in addition to any other civil or criminal action provided by
statute or regulation.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99958 Notice of intent to take action; response; termination of action
if satisfactory response provided; circumstances under which response may not
be provided. (NRS
459.485, 459.500)
1. Except as otherwise provided in NAC 459.99959, if the Division has cause
to believe that a holder of a certificate has engaged in any action that
constitutes grounds for disciplinary action, the Division may issue a notice of
intent to take disciplinary action.
2. A notice of intent to take disciplinary
action issued pursuant to subsection 1 must:
(a) Be sent to the holder of the certificate by
certified mail at the most recent mailing address identified on the application
for a certificate or application for renewal, as applicable; and
(b) Include, without limitation:
(1) A statement of the legal authority for the
disciplinary action;
(2) The name and contact information of the
employee of the Division to which the holder must send a response;
(3) A statement of the facts which support the
decision of the Division to take disciplinary action; and
(4) Except as otherwise provided in subsection
5, a statement that the Division shall send a notice of hearing pursuant to NAC 459.99961 if the holder does not,
within 10 business days after receipt of the notice issued pursuant to
subsection 1, provide a written response that, to the satisfaction of the
Division, clearly sets forth the reasons why the Division should not proceed
with a hearing on the alleged grounds for disciplinary action.
3. Any response offered by the holder
pursuant to subsection 2 must:
(a) Address each of the grounds for disciplinary
action included in the notice issued by the Division pursuant to subsection 1;
and
(b) Be delivered in person or sent by certified
mail to the employee of the Division identified in the notice sent pursuant to
subsection 2;
4. If the Division determines that the
holder of a certificate has provided a satisfactory response, the Division
shall, not later than 10 business days after receiving such response:
(a) Terminate the disciplinary action; and
(b) Send a letter by certified mail to the holder
informing him or her that the disciplinary action has been terminated.
5. If the holder has previously received a
notice of intent to take disciplinary action pursuant to subsection 1 and the
Division issues another notice within 2 years after the date of the first
notice for a subsequent violation of the same statutory or regulatory
provision, the holder may not submit a response to the Division pursuant to
subsection 2 as to why the Division should not proceed with the hearing on the
alleged grounds for disciplinary action and the Division shall immediately send
a notice of hearing pursuant to NAC
459.99961.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99959 Immediate summary suspension of certificate. (NRS 459.485, 459.500)
1. The Division may suspend a certificate
without complying with the requirements of NAC
459.99958 if the Division finds that, based upon the evidence in the
possession of the Division, the public health, safety or welfare imperatively
requires emergency action and the immediate summary suspension of the
certificate.
2. If the Division summarily suspends a
certificate pursuant to subsection 1, the Division shall provide notice of the
summary suspension to the holder of the certificate by certified mail at the
most recent mailing address identified on the application for a certificate or
application for renewal, as applicable. The notice must include:
(a) The finding of the Division made pursuant to
subsection 1;
(b) A statement of the legal authority for the
disciplinary action; and
(c) A statement of the facts which support the
position of the Division for the disciplinary action.
3. The Division shall hold a hearing on the
summary suspension within 45 days after the date of the suspension unless the
Division and the holder of the certificate mutually agree in writing to a
longer period.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.9996 Appointment and duties of hearing officer; change of hearing
officer for good cause shown. (NRS
459.485, 459.500)
1. Before sending a notice of hearing
pursuant to NAC 459.99961, the
Administrator shall appoint a hearing officer. The hearing officer:
(a) Shall perform his or her duties in addition to
his or her regularly assigned duties; and
(b) Shall not hear requests for variances from the
requirements of any applicable regulation.
2. The Administrator may change the person
appointed as hearing officer pursuant to subsection 1 for good cause shown.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99961 Notice of hearing; date of hearing. (NRS 459.485, 459.500)
1. The Division shall send a notice of
hearing to the holder of the certificate if:
(a) The holder does not provide a satisfactory
response setting forth the reasons why the Division should not proceed with a
hearing on the alleged grounds for disciplinary action pursuant to subsection 2
of NAC 459.99958;
(b) The holder is not entitled to provide such a
response pursuant to subsection 5 of NAC
459.99958; or
(c) The Division has summarily suspended the
certificate pursuant to NAC 459.99959.
2. The notice of hearing must:
(a) State the nature, date, time and place of the
hearing, which may be held at an office of the Division or any other place in
this State designated in the notice;
(b) Include a statement of the legal authority and
jurisdiction under which the hearing is to be held;
(c) Include a reference to the particular sections
of statutes and regulations involved;
(d) Include a short and plain statement of the
matters asserted;
(e) Identify all witnesses and exhibits that the
Division may offer to substantiate the grounds for disciplinary action;
(f) State the name and title of the hearing officer
who will hear the matter;
(g) Include the date by which the holder for a
certificate must provide the information required by NAC 459.99962;
(h) Include the requirements for motions set forth
in NAC 459.99963; and
(i) Be served on the holder by certified mail at
the most recent mailing address identified on the application for a certificate
or application for renewal, as applicable.
3. The Division shall attach a copy of each
document identified as an exhibit pursuant to paragraph (e) of subsection 2 to
the notice.
4. Except as otherwise provided in subsection
3 of NAC 459.99959, the hearing must
be held not earlier than 30 days and not later than 60 days after the date the
notice of hearing is sent pursuant to this section.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99962 Written notice of witnesses and exhibits; supplemental documents;
exclusion. (NRS
459.485, 459.500)
1. Except as otherwise provided in
subsection 2, not later than 5 days before the date of the hearing set forth in
the notice of hearing sent pursuant to NAC
459.99961, the respondent must provide the Division with written notice of
the identity of each witness and any document that the respondent may offer in
support of his or her position. The notice must include a copy of each document
unless the document is in the possession or control of the Division.
2. The respondent may supplement any
documents provided pursuant to subsection 1 on or before the date of the
hearing only if the respondent demonstrates that the supplemental documents
could not reasonably be obtained and provided within the time required by
subsection 1.
3. The hearing officer may exclude any
witness or exhibit that is not timely provided pursuant to subsection 1.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99963 Requirements for motions and responses; motion to declare certain
testimony and documents confidential. (NRS
459.485, 459.500)
1. All motions, unless made during a
hearing, must be:
(a) Made in writing;
(b) Served on all parties of record by mail as
evidenced by a certificate of mailing; and
(c) Filed with the hearing officer at least 10
business days before the date of the hearing with the certificate of mailing
for all parties of record.
2. Any response to a motion, other than a
motion made during a hearing, must be:
(a) Made in writing;
(b) Served on all parties of record by mail as
evidenced by a certificate of mailing; and
(c) Filed with the hearing officer within 7
business days after receipt of the motion with the certificate of mailing for
all parties of record.
3. If a hearing is set to consider the
character, alleged misconduct, professional competence or physical or mental
health of respondent, the respondent may move for any testimony and documents
directly relevant to these facts to be declared confidential. Any such motion
must demonstrate to the satisfaction of the hearing officer that this
information is not subject to public disclosure pursuant to chapter 239 of NRS.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99964 Order to file briefs. (NRS
459.485, 459.500)
1. A hearing officer may order the parties
to file briefs with the hearing officer before a hearing.
2. Any brief filed with a hearing officer
must be accompanied by a certificate of mailing for all parties of record.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99965 Appearance at hearing; qualifications of attorney. (NRS 459.485, 459.500)
1. A party may appear in person at a hearing
or may be represented by an attorney.
2. An attorney who represents a party at a
hearing must be:
(a) Admitted to practice and in good standing
before the highest court of any state of the United States; and
(b) If the attorney is not admitted to practice and
in good standing before the Supreme Court of Nevada, associated with an
attorney who is so admitted and in good standing.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99966 Continuance or recess. (NRS 459.485,
459.500) A
hearing officer may, in his or her discretion, either before or during a
hearing, grant a continuance or recess.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99967 Failure to appear; hearing without participation of respondent. (NRS 459.485, 459.500) If:
1. A respondent fails to appear at a
hearing;
2. The hearing officer has not granted a
continuance;
3. The Division offers proof that the
respondent was given proper notice of the hearing; and
4. The hearing officer makes a determination
that the respondent was given proper notice of the hearing,
Ê the hearing
officer may proceed to hear the case on its merits without the participation of
the respondent.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99968 Order of proceedings; preponderance of evidence; availability of
electronic recording. (NRS
459.485, 459.500)
1. At a hearing conducted pursuant to NAC 459.99951 to 459.99972, inclusive:
(a) The Division shall present witnesses and
evidence first and the respondent may cross-examine the witnesses. The Division
shall have an opportunity for redirect examination of the witnesses.
(b) After the Division has completed its
presentation of witnesses and evidence, the respondent may present witnesses
and evidence and the Division may cross-examine the witnesses. The respondent
shall have the opportunity for redirect examination of the witnesses.
(c) After the respondent has completed his or her
presentation of witnesses and evidence, the Division may present any rebuttal
witnesses and evidence and respondent may cross-examine the witnesses.
(d) The hearing officer may question any witness,
party, counsel or representative at any time.
2. The Division must establish that grounds
for disciplinary action exist by a preponderance of the evidence.
3. The hearing must be recorded
electronically and the electronic recording must be made available for
inspection and copying at the expense of each party.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99969 Written recommendations of hearing officer; duties of
Administrator; final decision; appeal. (NRS
459.485, 459.500)
1. After the close of a hearing held
pursuant to NAC 459.99968, the hearing
officer shall prepare written recommendations on the issues presented at the
hearing and submit the recommendations to the Administrator within 30 days
after the date on which the hearing concluded.
2. The Administrator shall:
(a) Read the record, consider the recommendations
of the hearing officer and adopt, modify or reject the recommendations;
(b) Based on a preponderance of the evidence, issue
written findings of fact, conclusions of law and his or her decision on the
issues; and
(c) Serve on all parties of record by personal
delivery or certified mail a copy of the decision and the accompanying findings
of fact and conclusions of law within 45 days after the date on which the
hearing concluded.
3. A decision issued by the Administrator
pursuant to this section becomes final 30 days after the date of service unless
the respondent files a timely notice of appeal to the State Environmental
Commission pursuant to NAC 459.9997.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.9997 Appeal: Notice and service; response by Division. (NRS 233B.050, 459.485,
459.500)
1. A respondent may, within 10 business days
after service of a decision issued by the Administrator pursuant to NAC 459.99969, file a notice of appeal
with the Commission.
2. A notice of appeal filed pursuant to this
section must be served on all parties by personal delivery or certified mail
and must:
(a) Identify the decision from which the respondent
appeals, the date on which the decision was issued and the basis for the
appeal;
(b) State with particularity each point of law or
fact which, in the opinion of the respondent, the Administrator overlooked or
misconstrued;
(c) Identify the parts of the record that the
respondent deems relevant to the appeal; and
(d) State each argument in support of the appeal
that the respondent intends to present.
3. The Division may, not later than 15
business days after service of a notice of appeal, file with the Commission a
response rebutting only the issues raised in the notice of appeal. Such a
response may include identification of the parts of the record that the
Division deems relevant to its response.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99971 Appeal: Oral argument; written decision; final decision; judicial
review. (NRS
459.485, 459.500)
1. Upon the filing of a response to the
notice of appeal pursuant to NAC 459.9997
or the expiration of the time for filing such a response, the Executive
Secretary of the Commission shall schedule oral argument on the appeal for not
later than 60 days after the notice of appeal was received, unless each party
to the hearing waives the right to a hearing within the 60-day period in
writing and for good cause.
2. Oral argument before the Commission must
be limited to 15 minutes for each party. The respondent must present his or her
argument first but may reserve time for rebuttal following the presentation of
argument by the Division. The Commission will consider only evidence which was
submitted to the hearing officer and identified in the notice of appeal or
response to the notice of appeal.
3. The Commission may affirm, reverse or
modify the decision of the Administrator or remand the case to the
Administrator. The Commission will issue a written decision on the appeal.
4. Unless the Commission remands a case to
the Administrator, the decision of the Commission is a final decision in a
contested case. Any person aggrieved by such a decision is entitled to judicial
review pursuant to NRS 233B.130.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
NAC 459.99972 Effective date of suspension or revocation of certificate; duties
of holder of certificate; continuation of activities until suspension or
revocation effective. (NRS
459.485, 459.500) If a final order issued by
the Administrator or the Commission temporarily suspends or permanently revokes
a certificate:
1. The final order must not become effective
and the certificate must not be suspended or revoked until 30 days after the
date of issuance of the final order.
2. Within 5 business days after the date on
which the final order is issued, the holder of the certificate shall notify his
or her place of employment as a holder of the certificate of the revocation or
suspension of the certificate and the date on which the revocation or
suspension becomes effective.
3. Until the date on which the revocation or
suspension of the certificate is effective, the holder of the certificate may
continue to engage in any lawful activity otherwise authorized or permitted
pursuant to this chapter or chapter 459
of NRS.
(Added to NAC by Environmental Comm’n by R126-19, eff.
12-29-2020)
PRACTICE BEFORE STATE ENVIRONMENTAL COMMISSION
NAC 459.9998 Appeal of final decision of State Department of Conservation and
Natural Resources. (NRS
233B.050, 459.485, 459.500)
1. Except for the appeal of decision in a
disciplinary action initiated by the Division pursuant to NAC 459.99951 to 459.99972, inclusive, any person who
requests a hearing before the State Environmental Commission concerning a final
decision of the State Department of Conservation and Natural Resources pursuant
to chapter 459 of NRS may do so by
filing a request, within 10 days after notice of the action of the Department,
on form 3* with the State Environmental Commission, 901 South Stewart Street,
Suite 4001, Carson City, Nevada 89701-5249.
2. The provisions of NAC 445B.875 to 445B.899, inclusive, apply to a hearing
of the State Environmental Commission requested pursuant to subsection 1.
*(See adopting agency for form.)
(Added to NAC by Environmental Comm’n, eff. 10-29-93; A
by R126-19, 12-29-2020)—(Substituted in revision for NAC 459.9995)