Current through September 17, 2024
This section addresses general licenses for source
material.
007.01
GENERAL
LICENSE ISSUED. A general license is issued authorizing commercial
and industrial firms, research, educational and medical institutions, and
Federal, State and local government agencies to receive, possess, use and
transfer uranium and thorium, in their natural isotopic concentrations and in
the form of depleted uranium, for research, development, educational,
commercial, or operational purposes in the following forms and quantities:
(A) No more than 3.3 pounds ( 1.5 kg) of
uranium and thorium in dispersible forms at any one time. Any material
processed by the general licensee that alters the chemical or physical form of
the material containing source material must be accounted for as a dispersible
form. A person authorized to possess, use, and transfer source material under
180 NAC 3-007.01 may not receive more than a total of 15.4 pounds (7 kg) of
uranium and thorium in any one calendar year;
(B) No more than a total of 15.4 pounds (7
kg) of uranium and thorium at any one time. A person authorized to possess,
use, and transfer source material under 180 NAC 3007.01 may not receive more
than a total of 154 pounds (70 kg) of uranium and thorium in any one calendar
year. A person may not alter the chemical or physical form of the source
material possessed under 180 NAC 3-007.01 unless it is accounted for under the
limits of 180 NAC 3-007.01(A);
(C)
No more than 15.4 pounds (7 kg) of uranium, removed during the treatment of
drinking water, at any one time. A person may not remove more than 154 pounds
(70 kg) of uranium from drinking water during a calendar year under this
paragraph; or
(D) No more than 15.4
pounds (7 kg) of uranium and thorium at laboratories for the purpose of
determining the concentration of uranium and thorium contained within the
material being analyzed at any one time. A person authorized to possess, use,
and transfer source material under this paragraph may not receive more than a
total of 154 pounds (70 kg) of source material in any one calendar
year.
007.02
LIMITATIONS. Any person who receives, possesses, uses,
or transfers source material as specified in the general license in 180 NAC
3-007.01:
(A) Is prohibited from
administering source material, or the resulting radiation, either externally or
internally, to human beings except as may be authorized by the Department in a
specific license.
(B) Must not
abandon such source material. Source material may be disposed of as follows:
(i) A cumulative total of 1.1 pounds ( 0.5
kg) of source material in a solid, non-dispersible form may be transferred each
calendar year, by a person authorized to receive, possess, use, and transfer
source material under this general license to persons receiving the material
for permanent disposal. The recipient of source material transferred under the
provisions of 180 NAC 3-007.02 is exempt from the requirements to obtain a
license under 180 NAC 3 to the extent the source material is permanently
disposed. This provision does not apply to any person who is in possession of
source material under a specific license issued under 180 NAC 3; or
(ii) As specified in 180 NAC
4-039.
(C) Is subject to the provisions in 180 NAC
1-005,
1-006,
1-008,
1-012,
1-014, 3-001.01,
3-002, 3-017.01 through 3.017.05,
3-017.10,
3-025,
3-026,
3-027,
3-030,
10-002 and 10-007.03.
(D) Must not export such source material
other than as specified in 10 CFR 110.
007.03
MINIMIZE
CONTAMINATION. Any person who receives possesses, uses, or
transfers source material as specified in 180 NAC 3-007.01 must conduct
activities so as to minimize contamination of the facility and the environment.
When activities involving such source material are permanently ceased at any
site, if evidence of significant contamination is identified, the general
licensee must notify the Department at the address listed in 180 NAC
1-012, about such contamination and
may consult with the Department as to the appropriateness of sampling and
restoration activities to ensure that any contamination or residual source
material remaining at the site where source material was used under this
general license is not likely to result in exposures that exceed the limits in
180 NAC
4-016.
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. Form NRH-11 is set out as Attachment 2
of this Chapter. 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.
007.05
EXTERNAL OR INTERNAL
ADMINSTRATION PROHIBITED. Persons who receive, possess, use, or
transfer source material according to the general license in 180 NAC 3007.01
are prohibited from administering source material, or the resulting radiation,
either externally or internally, to human beings except as may be authorized by
the Department in a specific license.
007.06
EXEMPTIONS.
Any person who receives, possesses, uses, or transfers source material as
specified in the general license granted in 180 NAC 3-007.01 is exempt from the
provisions of 180 NAC 3, 4 and 10 to the extent that such receipt, possession,
use, and transfer are within the terms of this general license, except that
such person must comply with the provisions of 180 NAC
4-016 and
4-039 to the extent necessary to meet
the provisions of 180 NAC 3-007.02(B) and 3-007.03. However, this exemption
does not apply to any person who also holds a specific license issued under
this 180 NAC 3.
007.07
TRANSFER OR DISTRIBUTION. No person may initially
transfer or distribute source material to persons generally licensed under
paragraph 180 NAC 3-007.01, (A) and (B), or equivalent regulations of the U.S.
Nuclear Regulatory Commission (NRC) or an Agreement State, unless authorized by
a specific license issued as specified in 180 NAC 3-007.08 or equivalent
provisions of the U.S. Nuclear Regulatory Commission (NRC) or an Agreement
State. This prohibition does not apply to analytical laboratories returning
processed samples to the client who initially provided the sample. Initial
distribution of source material to persons generally licensed by 180 NAC
3-007.01 on or before the date of these regulations, without specific
authorization may continue for 1 year beyond this date. Distribution may also
be continued until the Department takes final action on a pending application
for license or license amendment to specifically authorize distribution
submitted one year after the effective date of these regulations.
007.08
APPLICANTS.
An applicant for a specific license to initially transfer source material for
use under 180 NAC 3-007.01 or equivalent regulations the U.S. Nuclear
Regulatory Commission (NRC) or of an Agreement State, must:
(A) Satisfy the general requirements
specified in 180 NAC
3-011; and
(B) Submits adequate information on, and the
Department approves the methods to be used for quality control, labeling, and
providing safety instructions to recipients.
007.09
LABELING, INFORMATION AND
REPORTS. Each person licensed under 180 NAC 3-007.08 must:
(A) Label the immediate container of each
quantity of source material with the type of source material and quantity of
material and the words, "radioactive material";
(B) Ensure that the quantities and
concentrations of source material are as labeled and indicated in any transfer
records;
(C) Provide the
information specified in 180 NAC 3-007.09 to each person to whom source
material is transferred for use under 180 NAC 3-007.01 or equivalent provisions
in the U.S. Nuclear Regulatory Commission (NRC) or Agreement State regulations.
This information must be transferred before the source material is transferred
for the first time in each calendar year to the particular recipient. The
required information includes:
(i) A copy of
180 NAC 3-007.01 and
3-025, or relevant equivalent
regulations of the U.S. Nuclear Regulatory Commission (NRC) or an Agreement
State; and
(ii) Appropriate
radiation safety precautions and instructions relating to handling, use,
storage, and disposal of the material;
(D) Each person licensed under 180 NAC
3-007.08 must report transfers as follows:
(i) File a report with the Manager, Office of
Radiological Health, Nebraska Department of Health and Human Services, 301
Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509. The report must
include the following information:
(1) The
name, address, and license number of the person who transferred the source
material;
(2) For each general
licensee under 180 NAC 3-007.02 or equivalent U.S. Nuclear Regulatory
Commission (NRC) or Agreement State provisions to whom greater than 50 grams (
0.11 pounds) of source material has been transferred in a single calendar
quarter, the name and address of the general licensee to whom source material
is distributed; a responsible agent, by name, position, and phone number, of
the general licensee to whom the material was sent; and the type, physical
form, and quantity of source material transferred; and
(3) The total quantity of each type and
physical form of source material transferred in the reporting period to all
such generally licensed recipients;
(ii) File a report with each responsible U.S.
Nuclear Regulatory Commission (NRC) and Agreement State agency that identifies
all persons, operating under provisions equivalent to 180 NAC 3-007.01, to whom
greater than 50 grams ( 0.11 pounds) of source material has been transferred
within a single calendar quarter. The report must include the following
information specific to those transfers made to the U.S. Nuclear Regulatory
Commission (NRC) or Agreement State being reported to:
(1) The name, address, and license number of
the person who transferred the source material;
(2) The name and address of the general
licensee to whom source material was distributed; a responsible agent, by name,
position, and phone number, of the general licensee to whom the material was
sent; and the type, physical form, and quantity of source material
transferred;
(3) The total quantity
of each type and physical form of source material transferred in the reporting
period to all such generally licensed recipients within the Agreement State or
U.S. Nuclear Regulatory Commission (NRC); and
(iii) Submit each report by January 31 of
each year covering all transfers for the previous calendar year. If no
transfers were made to persons generally licensed under 180 NAC 3-007.01 or
equivalent U.S. Nuclear Regulatory Commission (NRC) or Agreement State
provisions during the current period, a report must be submitted to the
Commission indicating so. If no transfers have been made to general licensees
in a particular Agreement State during the reporting period, this information
must be reported to the responsible Agreement State agency upon request of the
agency; and
(E) Each
person licensed under 180 NAC 3-007.08 must maintain all information that
supports the reports required by this 180 NAC
3-007 concerning each transfer to a
general licensee for a period of 1 year after the event is included in a report
to the Department, U.S. Nuclear Regulatory Commission (NRC) or to an Agreement
State agency.
