180 NAC 3-007.04 establishes a general license authorizing a
person to receive, acquire, possess, use, or transfer according to the
provisions of 180 NAC 3-007.04(B) through (E), depleted uranium contained in
industrial products or devices for the purpose of providing a concentrated mass
in a small volume of the product or device.
Possession of depleted uranium is not authorized under 180
NAC 3-007.04 until a licensee has filed Form NRH-11 and received from the
Department a validated copy of NRH-11 with a certification number.
007.04
DEPLETED URANIUM IN
INDUSTRIAL PRODUCTS AND DEVICES. The following requirements apply
to depleted uranium in industrial products and devices:
007.04(A)
CONCENTRATED MASS IN A
SMALL VOLUME. A general license is issued to receive, acquire,
possess, use, or transfer, as specified in the provisions of 180 NAC
3-007.04(B) through (E), depleted uranium contained in industrial products or
devices for the purpose of providing a concentrated mass in a small volume of
the product or device.
007.04(B)
APPLICABILITY. The general license in 180 NAC
3-007.04(A) applies only to industrial products or devices which have been
manufactured either as specified in a specific license issued to the
manufacturer of the products or devices according to 180 NAC 3-014.13 or as
specified in a specific license issued to the manufacturer by the U.S. Nuclear
Regulatory Commission (NRC) or an Agreement State which authorizes manufacture
of the products or devices for distribution to persons generally licensed by
the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State.
007.04(C)
FILING
REQUIREMENTS. Persons who receive, acquire, possess, or use
depleted uranium according to the general license established by 180 NAC
3-007.04(A) must:
(i) File Department Form
NRH-11 "Certificate - Use of Depleted Uranium Under General License," with the
Department. The form must be submitted within 30 days after the first receipt
or acquisition of such depleted uranium. The registrant must furnish on
Department Form NRH-11 the following information and such other information as
may be required by that form:
(1) Name and
address of the general licensee;
(2) A statement that the general licensee has
developed and will maintain procedures designed to establish physical control
over the depleted uranium described in 180 NAC 3-007.04(A) and designed to
prevent transfer of such depleted uranium in any form, including metal scrap,
to persons not authorized to receive the depleted uranium; and
(3) Name and title, address, and telephone
number of the individual duly authorized to act for and on behalf of the
general licensee in supervising the procedures identified in 180 NAC
3-007.04(C)(i)(2); and
(ii) Report in writing to the Department any
changes in information furnished by him or her in Department Form NRH-11
"Certificate - Use of Depleted Uranium Under General License." The report must
be submitted within 30 days after the effective date of such change.
007.04(D)
LIMITATIONS. A person who receives, acquires, possesses, or uses
depleted uranium according to the general license established by 180 NAC
3-007.04(A) must:
(i) Not introduce such
depleted uranium, in any form, into a chemical, physical, or metallurgical
treatment or process, other than a treatment or process for repair or
restoration of any plating or other covering of the depleted uranium;
(ii) Not abandon such depleted
uranium;
(iii) Transfer or dispose
of such depleted uranium only by transfer as specified in the provisions of 180
NAC
3-025 and
4-039. In the case where the
transferee receives the depleted uranium according to the general license
established by 180 NAC 3-007.04(A), the transferor must furnish the transferee
a copy of these regulations and a copy of Department Form NRH-11. In the case
where the transferee receives the depleted uranium according to a general
license contained in the U.S. Nuclear Regulatory Commission (NRC) or Agreement
State's regulation equivalent to 180 NAC 3-007.04(A), the transferor must
furnish the transferee a copy of Title 180 and a copy of Department Form NRH-11
accompanied by a note explaining that use of the product or device is regulated
by the U.S. Nuclear Regulatory Commission (NRC) or Agreement State under
requirements substantially the same as those in Title 180; and
(iv) Within 30 days of any transfer, report
in writing to the Department the name and address of the person receiving the
depleted uranium according to such transfer.
007.04(E)
EXEMPTION.
Any person receiving, acquiring, possessing, using, or transferring depleted
uranium according to the general license established by 180 NAC 3-007.04(A) is
exempt from the requirements of 180 NAC 4 and 10 with respect to the depleted
uranium covered by that general license.
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