Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 180 - CONTROL OF RADIATION
Chapter 3 - LICENSING OF RADIOACTIVE MATERIAL
Section 180-3-004 - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL EXEMPTIONS
Universal Citation: 180 NE Admin Rules and Regs ch 3 ยง 004
Current through March 20, 2024
This section addresses exemptions for radioactive material other than source material.
004.01 EXEMPT CONCENTRATIONS. This subsection addresses exempt concentrations.
004.01(A)
APPENDIX 3-A CONCENTRATIONS. Other than as provided in
3-004.01(C) and
(D), any person is exempt from 180 NAC 3 to
the extent that such person receives, possesses, uses, transfers, owns or
acquires products containing radioactive material introduced in concentrations
not in excess of those listed in 180 NAC 3, Appendix 3-A.
004.01(B)
IMPORTATION. 180 NAC
3-004.01 must not be deemed to
authorize the import of radioactive material or products containing radioactive
material.
004.01(C)
PRODUCTS. A manufacturer, processor, or producer of a
product or material is exempt from the requirements for a license in 180 NAC
3-004,
3-005,
3-006,
3-008, 3013,
3-014,
3-016 through
3-024, 180 NAC 5, 7, 14 and 19 to the
extent that they transfer radioactive material contained in a product or
material in concentrations not in excess of those specified in 180 NAC 3,
Appendix 3-A and introduced into the product or material by a licensee holding
a specific license issued by the U.S. Nuclear Regulatory Commission (NRC)
expressly authorizing such introduction. This exemption does not apply to the
transfer of radioactive material contained in any food, beverage, cosmetic,
drug or other commodity or product designed for ingestion or inhalation by, or
application to, a human being.
004.01(D)
TRANSFER TO EXEMPT
PERSONS. No person may introduce radioactive material into a
product or material knowing or having reason to believe that it will be
transferred to persons exempt under 180 NAC
3-004.01(A) or
equivalent regulations of the U.S. Nuclear Regulatory Commission (NRC), or any
Agreement State, other than according to a specific license issued according to
10
CFR 32.11.
004.02 EXEMPT QUANTITIES. This subsection address exempt quantities.
004.02(A)
APPENDIX 3B
QUANTITIES. Other than as provided in 180 NAC
3-004.02(C) through
(E), any person is exempt from Title 180 to
the extent that such person receives, possesses, uses, transfers, owns, or
acquires radioactive material in individual quantities each of which does not
exceed the applicable quantity set forth in 180 NAC 3, Appendix 3-B.
004.02(B)
PRIOR
ACQUISITION. Any person who possesses radioactive material
received or acquired, prior to September 25, 1971, according to the general
license provided in 180 NAC
3-008 or similar general license of
the U.S. Nuclear Regulatory Commission (NRC) or another Agreement State is
exempt from the requirements for a license set forth in Title 180 if that
person possesses, uses, or transfers such radioactive material.
004.02(C)
COMMERCIAL
DISTRIBUTION. 180 NAC
3-004.02 does not authorize the
production, packaging, repackaging, or transfer of radioactive material for
purposes of commercial distribution, or the incorporation of radioactive
material into products intended for commercial distribution.
004.02(D)
TRANSFER TO EXEMPT
PERSONS. No person may, for purposes of commercial distribution,
transfer radioactive material in the individual quantities set forth in 180 NAC
3, Appendix 3-B knowing or having reason to believe that such quantities of
radioactive material will be transferred to persons exempt under 180 NAC
3-004.02 or equivalent regulations
of the U.S. Nuclear Regulatory Commission (NRC), or any Agreement State, other
than according to a specific license issued by the U.S. Nuclear Regulatory
Commission (NRC) according to
10
CFR 32.18 which license states that the
radioactive material may be transferred by the licensee to persons exempt under
180 NAC
3-004.02 or the equivalent
regulations of the U.S. Nuclear Regulatory Commission (NRC), or any Agreement
State.
004.02(E)
AGGREGATION. No person may, for purposes of producing an increase
radiation level combine quantities of radioactive material covered by this
exemption so that the aggregate quantity exceeds the limits set forth in 180
NAC 3, Appendix 3-B, other than for radioactive material combined within a
device placed in use before May 3, 1999, or as otherwise permitted by the
regulation in 180 NAC 3.
004.03 EXEMPT ITEMS. This subsection addresses exempt items.
004.03(A)
CERTAIN ITEMS
CONTAINING RADIOACTIVE MATERIAL. The following requirements apply
to certain items containing radioactive material.
004.03(A)(i)
EXEMPT
PRODUCTS. Other than for persons who apply radioactive material
to, or persons who incorporate radioactive material into the following
products, or persons who initially transfer for sale or for distribution the
following products containing radioactive material any person is exempt from
Title 180 to the extent that the person receives, possesses, uses, transfers,
owns, or acquires the following products.
004.03(A)(i)(1)
TIMEPIECES OR
HANDS OR DIALS. Timepieces or hands or dials containing not more
than the following specified quantities of radioactive material and not
exceeding the following specified radiation dose rate:
(a) 925 megabecquerel (MBq) (25 millicuries)
of tritium per timepiece;
(b) 185
MBq (5 millicuries) of tritium per hand;
(c) 555 MBq (15 millicuries) of tritium per
dial. Bezels are included when used as part of the dial;
(d)
3.7 MBq (100 µCi) of
promethium-147 per watch or
7.4 MBq (200 µCi) of
promethium-147 per any other timepiece;
(e)
0.74 MBq (20 µCi) of
promethium-147 per watch hand or
1.48 MBq (40 µCi) of
promethium-147 per other timepiece hand;
(f)
2.22 MBq (60 µCi) of
promethium-147 per watch dial or
4.44 MBq (120 µCi) of
promethium-147 per other timepiece dial. Bezels are included when used as part
of the dial;
(g)
0.037 MBq (1 µCi) of radium
per timepiece in intact timepieces manufactured prior to August 22, 1981;
and
(h) The radiation dose rate
from hands and dials containing promethium-147 will not exceed the following,
when measured through 50 milligrams per square centimeter of absorber:
(i) For wrist watches, 1 microgray
(µGy) (
0.1 millirad) per hour at 10
centimeters from any surface;
(ii)
For pocket watches, 1 µGy (
0.1 millirad) per hour at 1 centimeter
from any surface; and
(iii) For any
other timepiece, 2 µGy (
0.2 millirad) per hour at 10
centimeters from any surface.
004.03(A)(i)(2)
STATIC
ELIMINATION DEVICES AND ION GENERATING TUBES. Static elimination
devices and ion generating tubes:
(a) Static
elimination devices which contain, as a sealed source or sources, radioactive
material consisting of a total of not more than
18.5 MBq (500 µCi) of polonium
210 per device;
(b) Ion generating
tubes designed for ionization of air that contain, as a sealed source or
sources, radioactive material consisting of a total of not more than
18.5 MBq (500 µCi) of polonium
210 per device or of a total of not more than
1.85 gigabecquerel (GBq) (50
millicurie (mCi)) of hydrogen 3 (tritium) per device; and
(c) Such devices previously authorized for
use under the general license and equivalent regulations of the Department, the
U.S. Nuclear Regulatory Commission (NRC), or Agreement States and manufactured,
tested, and labeled by the manufacturer according to the specifications
contained in a specific license issued by the Department, Agreement State or
the U.S. Nuclear Regulatory Commission (NRC) are now exempt.
004.03(A)(i)(3)
PRECISION BALANCES. Precision balances containing not
more than 37 MBq (1 millicurie) of tritium per balance or not more than
18.5 MBq (
0.5 millicurie) of tritium per balance
part manufactured before December 17, 2007.
004.03(A)(i)(4)
RESERVED.
004.03(A)(i)(5)
MARINE COMPASSES.
Marine compasses containing not more than
27.8 GBq (750 millicuries) of tritium
gas and other marine navigational instruments containing not more than
9.25 GBq (250 millicuries) of tritium
gas manufactured before December 17, 2007.
004.03(A)(i)(6)
RESERVED.
004.03(A)(i)(7)
ELECTRON TUBES.
Electron tubes, provided that each tube does not contain more
than one of the following specified quantities of radioactive material.
Additionally, the levels of radiation from each electron tube containing
radioactive material must not exceed 10 µGy (1 millirad) per hour at 1
centimeter from any surface when measured through 7 milligrams per square
centimeter of absorber. For purposes of 180 NAC
3-004.03(A)(i)(7)
electron tubes include spark gap tubes, power tubes, gas tubes including glow
lamps, receiving tubes, microwave tubes, indicator tubes, pickup tubes,
radiation detection tubes, and any other completely sealed tube that is
designed to conduct or control electrical currents:
(a)
5.55 GBq (150 millicuries) of tritium
per microwave receiver protector tube or 370 MBq (10 millicuries) of tritium
per any other electron tube;
(b) 37
kilo becquerel (kBq) (1 µCi) of cobalt-60;
(c) 185 kBq (5 µCi) of
nickel-63;
(d)
1.11 MBq (30 µCi) of
krypton-85;
(e) 185 kBq (5
µCi) of cesium-137; and
(f)
1.11 MBq (30 µCi) of
promethium-147.
004.03(A)(i)(8)
IONIZING
RADIATION MEASURING INSTRUMENTS. Ionizing radiation measuring
instruments containing, for purposes of internal calibration or
standardization, one or more sources of radioactive material provided that:
(a) Each source contains no more than one
exempt quantity specified in 180 NAC 3, Appendix 3-B;
(b) Each instrument contains no more than 10
exempt quantities. An instrument's source or sources may contain either one
type or different types of radionuclides and an individual exempt quantity may
be composed of fractional parts of one or more of the exempt quantities in 180
NAC 3, Appendix 3-B provided that the sum of such fractions does not exceed
unity; and
(c) For americium-241,
1.85 kBq (
0.05
µCi) is considered an
exempt quantity under 180 NAC, Appendix 3-B.
004.03(A)(i)(9)
IONIZATION
CHAMBER SMOKE DETECTORS. Ionization chamber smoke detectors
containing not more than 1 micocurie (µCi) of americium-241 per detector
in the form of a foil and designed to protect life and property from fires.
004.03(A)(ii)
INCORPORATE RADIOACTIVE MATERIAL INTO PRODUCTS OR INITIALLY
TRANSFER FOR SALE OR DISTRIBUTION. Any person who desires to apply
radioactive material to, or to incorporate radioactive material into, the
products exempted in 180 NAC
3-004.03(A)(i) or
who desires to initially transfer for sale or distribution such products
containing radioactive material, must apply for a specific license according to
10
CFR 32.14, which license states that the
product may be distributed by the licensee to persons exempt from the
regulations according to 180 NAC
3-004.03(A)(i).
004.03(B)
SELF-LUMINOUS PRODUCTS
CONTAINING RADIOACTIVE MATERIAL. The following requirements apply
to self-luminous containing radioactive material.
004.03(B)(i)
TRITIUM, KRYPTON-85,
OR PROMETHIUM-147. Tritium, krypton-85, or promethium-147. Other
than persons who manufacture, process, produce, or initially transfer for sale
or distribution self-luminous products containing tritium, krypton-85, or
promethium-147, any person is exempt from Title 180 to the extent that such
person receives, possesses, uses, transfers, owns, or acquires tritium,
krypton-85 or promethium-147 in self-luminous products manufactured, processed,
produced, imported, or transferred according to a specific license issued by
the U.S. Nuclear Regulatory Commission (NRC) according to §
32.22 of 10 CFR 32, which license
authorizes the transfer of the product to persons who are exempt from
regulatory requirements. The exemption in 180 NAC
3-004.03(B) does
not apply to tritium, krypton-85, or promethium-147 used in products for
frivolous purposes or in toys or adornments.
004.03(B)(ii)
RADIUM-226. Any person is exempt from Title 180 to the
extent that such person receives, possesses, uses, transfers, or owns articles
containing less than
3.7 kBq (
0.1
µCi) of radium-226 which
were acquired prior to August 22, 1982.
004.03(B)(iii)
MANUFACTURE,
PROCESS, PRODUCE OR INITIALLY TRANSFER FOR SALE OR DISTRIBUTION.
Any person who desires to manufacture, process, or produce or initially
transfer for sale or distribution self-luminous products containing tritium,
krypton-85, or promethium-147, for use under 180 NAC
3-004.03(B)(i),
must apply for a license according to
10
CFR 32.22, and for a certificate of
registration per
10 CFR
32.210.
004.03(C)
GAS AND AEROSOL
DETECTORS CONTAINING RADIOACTIVE MATERIAL. The following
requirements apply to gas and aerosol detectors containing radioactive
material.
004.03(C)(i)
EXEMPT
RECEIPT. Other than persons who manufacture, process, produce or
initially transfer for sale or distribution gas and aerosol detectors
containing radioactive material, any person is exempt from Title 180 to the
extent that such person receives, possesses, uses, transfers, owns, or acquires
radioactive material in gas and aerosol detectors designed to protect health,
safety, or property, and manufactured, processed, produced, or initially
transferred according to a specific license issued by the U.S. Nuclear
Regulatory Commission (NRC) according to
10
CFR 32.26, which license authorizes the
initial transfer of the product for use under 180 NAC
3-004.03. This exemption also
covers gas and aerosol detectors manufactured or distributed before November
30, 2007 as specified in a specific license issued by a State under comparable
provision to
10
CFR 32.26 authorizing distribution detectors
to persons exempt from regulatory requirements.
004.03(C)(ii)
MANUFACTURE,
PROCESS, PRODUCE OR INITIALLY TRANSFER FOR USE. Any person who
desires to manufacture, process, or produce gas and aerosol detectors
containing radioactive material, or to initially transfer such products for use
as specified in 180 NAC
3-004.03(C)(i)
must apply for a license as specified in
10
CFR 32.26, and for a certificate of
registration specified in
10 CFR
32.210.
004.03(D)
TECHNOLOGICALLY
ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIAL (TENORM).
Persons who receive, possess, use, process, transfer, distribute, or dispose of
Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) are
exempt from the requirements of 180 NAC 3 with respect to any combination of
radium-226 and radium-228 if the material contain, or are contaminated at,
concentrations less than 5 pCi/gram (185 becquerel per kilogram) excluding
natural background. The progeny of the exempt Technologically Enhanced
Naturally Occurring Radioactive Material (TENORM) radium-226 and radium-228 are
also exempt.
004.03(E)
CERTAIN INDUSTRIAL DEVICES. The following requirements
apply to certain industrial devices.
004.03(E)(i)
EXEMPT DETECTING,
MEASURING, GAUGING, OR CONTROLLING DEVICES AND CERTAIN DEVICES FOR PRODUCING AN
IONIZED ATMOSPHERE. Other than persons who manufacture, process,
produce or initially transfer for sale or distribution industrial devices
containing radioactive material designed and manufactured for the purpose of
detecting, measuring, gauging or controlling thickness, density, level,
interface location, radiation, leakage, or qualitative or quantitative chemical
composition, or for producing an ionized atmosphere, any person is exempt from
the requirements for a license in the Radiation Control Act and 180 NAC to the
extent that such person receives, possesses, uses, transfers, owns, or acquires
radioactive material, in these certain detecting, measuring, gauging, or
controlling devices and certain devices for producing an ionized atmosphere,
and manufactured, processed, produced, or initially transferred according to a
specific license issued by the U.S. Nuclear Regulatory Commission (NRC)
according to 10 CFR
32.30, which license authorizes the initial
transfer of the device for use under 180 NAC
004.03(E). This
exemption does not cover sources not incorporated into a device, such as
calibration and reference sources.
004.03(E)(ii)
MANUFACTURE,
PROCESS, PRODUCE, OR INITIALLY TRANSFER FOR SALE OR DISTRIBUTION.
Any person who desires to manufacture, process, produce, or initially transfer
for sale or distribution industrial devices containing radioactive material for
use under 180 NAC
3-004.03(E)(i)
must apply for a license from the U.S. Nuclear Regulatory Commission (NRC)
according to 10 CFR
32.30 and for a certificate of registration
as specified in
10 CFR
32.210.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.