Current through March 20, 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.
