Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 180 - CONTROL OF RADIATION
Chapter 3 - LICENSING OF RADIOACTIVE MATERIAL
Attachment 180-3-2 - CERTIFICATE - USE OF DEPLETED URANIUM UNDER GENERAL LICENSE
Universal Citation: 180 NE Admin Rules and Regs ch 180-3-2
Current through March 20, 2024
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.
CONDITIONS AND LIMITATIONS OF GENERAL LICENSE 3-007.04
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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