Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 180 - CONTROL OF RADIATION
Chapter 3 - LICENSING OF RADIOACTIVE MATERIAL
Section 180-3-008 - GENERAL LICENSES - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL

Universal Citation: 180 NE Admin Rules and Regs ch 3 ยง 008

Current through September 17, 2024

This section addresses general licenses pertaining to radioactive material other than source material.

008.01 RESERVED.

008.02 RESERVED.

008.03 RESERVED.

008.04 CERTAIN DETECTING, MEASURING, GAUGING OR CONTROLLING DEVICES AND CERTAIN DEVICES FOR PRODUCING LIGHT OR AN IONIZED ATMOSPHERE. Persons possessing radioactive material in devices under 180 NAC 3-008.04 before January 1975, may continue to possess, use, or transfer that material according to the labeling requirements of 180 NAC 3-008.04 in effect on January 14, 1975. The following applies to certain detecting, measuring, gauging or controlling devices and certain devices for producing light or an ionized atmosphere.

008.04(A) GENERAL LICENSE ISSUED. A general license is issued to commercial and industrial firms, and to research, educational and medical institutions, individuals in the conduct of their business, and state or local government agencies to own, receive, acquire, possess, use or transfer as specified in the provisions of 180 NAC 3-008.04(B), (C), and (D), radioactive material, excluding special nuclear material, contained in devices 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 light or an ionized atmosphere.

008.04(B) APPLICABILITY. The general license in 180 NAC 3-008.04(A) applies only to radioactive material contained in devices which have been manufactured or initially transferred and labeled according to the specification contained in a specific license issued under 180 NAC 3-014.04; or an equivalent specific license issued by the U. S. Nuclear Regulatory Commission (NRC) or an Agreement State with provisions comparable to 180 NAC 3-014.04. The devices must have been received from one of the specific licensees described in this paragraph or through a transfer made under 180 NAC 3-008.04(C)(ix).

008.04(C) GENERAL REQUIREMENTS. Any person who owns, receives, acquires, possesses, uses, or transfers radioactive material in a device according to the general license in 180 NAC 3-008.04(A) must meet the following requirements.
008.04(C)(i) LABELS. Assure that all labels affixed to the device at the time of receipt, and bearing a statement that removal of the label is prohibited, are maintained thereon and comply with all instructions and precautions provided by such labels.

008.04(C)(ii) LEAK TESTS. Assure that the device is tested for leakage of radioactive material and proper operation of the on or off mechanism, or both, and indicator, if any, at no longer than six-month intervals or at such other intervals as are specified in the label, however,
(1) Devices containing only krypton need not be tested for leakage of radioactive material, and

(2) Devices containing only tritium or not more than 3.7 MBq (100 µCi) of other beta or gamma emitting material or 0.37 MBq (10 µCi) of alpha emitting material and devices held in storage in the original shipping container prior to initial installation need not be tested for any purpose.

008.04(C)(iii) LEAK TEST FREQUENCY. Assure that the tests required by 180 NAC 3-008.04(C)(ii) and other testing, installation, servicing, and removal from installation involving the radioactive materials, its shielding or containment, are performed:
(1) According to the instructions provided by the labels; or

(2) By a person holding an applicable specific license from the Department, the U.S. Nuclear Regulatory Commission (NRC), or an Agreement State to perform such activities.

008.04(C)(iv) RECORDS. Maintain records showing compliance with the requirements of 180 NAC 3-008.04(C)(ii) and (C)(iii). The records must show the results of the tests. The records also must show the dates of performance of, and the names of persons performing, testing, installation, servicing, and removal from installation concerning the radioactive material, its shielding or containment. The licensee must retain these records as follows:
(1) Each record of tests for leakage of radioactive material required by 180 NAC 3-008.04, (C)(ii) must be retained for three years after the next required leak test is performed or until the sealed source is transferred or disposed of;

(2) Each record of tests of the on or off mechanism, or both, and indicator required by 180 NAC 3-008.04, (C)(ii) must be retained for three years after the next required test of the on or off mechanism, or both and indicator is performed or until the sealed source is transferred or disposed of; and

(3) Each record which is required by 180 NAC 3-008.04, (C)(iii) must be retained for a period of three years from the date of the recorded event or until the device is transferred or disposed of.

008.04(C)(v) SUSPEND OPERATION. Immediately suspend operation of the device if there is a failure of, or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on or off mechanism, or both, or indicator, or upon the detection of 185 Bq ( 0.005µCi) or more removable radioactive material. The device may not be operated until it has been repaired by the manufacturer or other person holding a specific license to repair such devices that was issued by this Department, the U.S. Nuclear Regulatory Commission (NRC) or by an Agreement State. The device and any radioactive material from the device may only be disposed of by transfer to a person authorized by a specific license to receive the radioactive material in the device or as otherwise approved by the Department, the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State. A report containing a brief description of the event and the remedial action taken; and, in the case of detection of 185 Bq ( 0.005µCi) or more removable radioactive material or failure of or damage to a source likely to result in contamination of the premises or the environs, a plan for ensuring that the premises and environs are acceptable for unrestricted use, must be furnished to the Department within 30 days. Under these circumstances, the criteria set out in 180 NAC 4-016, "Radiological Criteria for Unrestricted Use," may be applicable, as determined by the Department on a case-by-case basis.

008.04(C)(vi) ABANDONMENT. Not abandon the device containing radioactive material.

008.04(C)(vii) EXPORT. Not export the device containing radioactive material other than as specified in 10 CFR 110.

008.04(C)(viii) TRANSFER OF DEVICES CONTAINING RADIOACTIVE MATERIAL. Transfer or dispose of devices only as follows.
008.04(C)(viii)(1) EXPORT. Transfer or dispose of the device containing radioactive material only by export as provided by 180 NAC 3-008.04(C)(vii) by transfer to another general licensee as authorized in paragraph 180 NAC 3-008.04(C)(ix), or to a person authorized to receive the device by a specific license issued under 180 NAC 3, or 180 NAC 12 that authorized waste collection, or equivalent regulations of the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State, or as otherwise approved under 180 NAC 3-008.04(C)(viii).

008.04(C)(viii)(2) REPORT. Furnish a report to the Department within 30 days after the transfer of a device to a specific licensee or export. The report must contain:
(a) The identification of the device by manufacturer's (or initial transferor's) name, model number, and serial number;

(b) The name, address, and license number of the person receiving the device (license number not applicable if exported); and

(c) The date of the transfer.

008.04(C)(viii)(3) APPROVAL. Obtain written Department approval before transferring the device to any other specific licensee not specifically identified in 180 NAC 3-008.04(C)(viii)(1). However a holder of a specific license may transfer a device for possession and use under its own specific license without prior approval, if, the holder:
(a) Verifies that the specific license authorizes the possession and use, or applies for and obtains an amendment to the license authorizing the possession and use;

(b) Removes, alters, covers, or clearly and unambiguously augments the existing label otherwise required by 180 NAC 3-008.04(C)(i) so that the device is labeled in compliance with 180 NAC 4-036; however the manufacturer, model number, and serial number must be retained;

(c) Obtains the manufacturer's or initial transferor's information concerning maintenance that would be applicable under the specific license (such as leak testing procedures); and

(d) Reports the transfer under paragraph 180 NAC 3-008.04(C)(viii)(2).

008.04(C)(ix) TRANSFER TO ANOTHER GENERAL LICENSEE. Transfer the device to another general licensee only if:
(1) The device remains in use at a particular location. In such case the transferor must give the transferee a copy of 180 NAC 3-008.01, 3-030, 4-057, and 4058, and any safety documents identified in the label of the device. Within 30 days of the transfer, the transferor must report to the Department:
(a) The manufacturer's or initial transferor's name;

(b) The model number and the serial number of the device transferred;

(c) The transferee's name and mailing address for the location of use; and

(d) The name, title, and phone number of the responsible individual identified by the transferee according to 180 NAC 3-008.04, (C)(xii). to have knowledge of and authority to take actions to ensure compliance with the appropriate regulations and requirements; or

(2) The device is held in storage by an intermediate person in the original shipping container at its intended location of use prior to initial use by a general licensee.

008.04(C)(x) INCIDENTS, THEFT OR LOSS. Comply with the provisions of 180 NAC 4-057 and 4-058 for reporting radiation incidents, theft, or loss of licensed material, but will be exempt from the other reporting requirements of 180 NAC 4 and 10.

008.04(C)(xi) RESPOND TO REQUESTS FOR INFORMATION. Respond to written requests from the Department to provide information relating to the general license within 30 calendar days of the date of the request, or other time specified in the request. If the general licensee cannot provide the requested information within the allotted time, it must, within the same time period, request a longer period to supply information by submitting a letter to the Radioactive Material Program Manager, Nebraska Department of Health and Human Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026 and provide written justification as to why it cannot comply.

008.04(C)(xii) NAME AN INDIVIDUAL RESPONSIBLE. Appoint an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with appropriate regulations and requirements. The general licensee, through this individual, must ensure the day-today compliance with appropriate regulations and requirements. This appointment does not relieve the general licensee of any of its responsibility in this regard.

008.04(C)(xiii) REGISTER GENERAL LICENSE DEVICES. General license devices must be registered as follows.
008.04(C)(xiii)(1) INITIAL REGISTRATION. Register, according to 180 NAC 3-008.04(C)(xiii)(2) and (3), devices containing at least 370 MBq (10 mCi) of cesium-137, 3.7 MBq ( 0.1 mCi) of strontium-90, 37 MBq (1 mCi) of cobalt-60, 3.7 MBq ( 0.1 mCi) of radium-226, or 37 MBq (1 mCi) of americium-241 or any other transuranic, based on the activity indicated on the label. Each address for a location of use, as described in 180 NAC 3-008.04(C)(xiii)(3)(d) represents a separate general licensee and requires a separate registration and fee.

008.04(C)(xiii)(2) ANNUAL REGISTRATION. If in possession of a device meeting the criteria of 180 NAC 3-008.04, (C)(xiii)(1), must register these devices annually with the Department and must pay the fee required by 180 NAC 18. Registration must be done by verifying, correcting, or adding to the information provided in a request for registration received from the Department. The registration information must be submitted to the Department within 30 days of the date of the request for registration or as otherwise indicated in the request. In addition, a general licensee holding devices that meet the criteria of 180 NAC 3-008.04, (C)(xiii)(1) is subject to the bankruptcy notification requirement in 180 NAC 3-017.05.

008.04(C)(xiii)(3) REQUIRED INFORMATION. In registering devices, the general licensee must furnish the following information and any other information specifically requested by the Department:
(a) Name and mailing address of the general licensee.

(b) Information about each device: the manufacturer, or initial transferor, model number, serial number, the radionuclide and activity (as indicated on the label).

(c) Name, title, and telephone number of the responsible person designated as a representative of the general licensee in 180 NAC 3-008.04(C)(xii).

(d) Address or location at which the device or devices are used or stored. For portable devices, the address of the primary place of storage.

(e) Certification by the responsible representative of the general licensee that the information concerning the device or devices has been verified through a physical inventory and checking of label information.

(f) Certification by the responsible representative of the general licensee that they are aware of the requirements of the general license.

008.04(C)(xiii)(4) TEMPORARY DEVICES. Persons generally licensed by an Agreement State or the U.S. Nuclear Regulatory Commission (NRC), with respect to devices meeting the criteria in paragraph 180 NAC 3-008.04, (C)(xiii)(1) are not subject to registration requirements if the devices are used in areas subject to Department jurisdiction for a period less than 180 days in any calendar year. The Department will not request registration information from such licensees.

008.04(C)(xiv) REPORT CHANGES. Report changes to the mailing address for the location of use (including change in name of general licensee) to the Radioactive Materials Program Manager, Nebraska Department of Health and Human Services, 301 Centennial Mall South, P.O. Box 95026, Lincoln, NE 68509-5026 within 30 days of the effective date of the change. For a portable device, a report of address change is only required for a change in the device's primary place of storage.

008.04(C)(xv) UNUSED DEVICES. Not hold unused devices for longer than 2 years. If devices with shutters are not being used, the shutter must be locked in the closed position. The testing required by 180 NAC 3-008.04, (C)(ii) need not be performed during the period of storage only. However, when devices are put back into service or transferred to another person, and have not been tested within the required test interval, they must be tested for leakage before use or transfer and the shutter tested before use. Devices kept in standby for future use are excluded from the two-year time limit if the general licensee performs quarterly physical inventories of these devices while they are in standby.

008.04(D) MANUFACTURE OR IMPORT. The general license in 180 NAC 3-008.04(A) does not authorize the manufacture or import of devices containing radioactive material.

008.04(E) APPLICABLE PROVISIONS. The general license provided in 180 NAC 3-008.04(A) is subject to the provisions of 180 NAC 1-004 through 1-009, 180 NAC 3-017, 3-025, 3-027, and 180 NAC 13.

008.05 LUMINOUS SAFETY DEVICES FOR AIRCRAFT. With respect to luminous safety devices for aircraft, the following requirements apply.

008.05(A) GENERAL LICENSE ISSUED. A general license is issued to own, receive, acquire, possess, and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided:
(i) Each device contains not more than 370 GBq (10 curies) of tritium or 11.1 GBq (300 mCi) of promethium-147; and

(ii) Each device has been manufactured, assembled or initially transferred according to a specific license issued by the U.S. Nuclear Regulatory Commission (NRC), or each device has been manufactured or assembled according to the specifications contained in a specific license issued by the Department or any Agreement State to the manufacturer or assembler of such device according to licensing requirements equivalent to those in 10 CFR 30.33 and 32.53.

008.05(B) EXEMPTION. Persons who own, receive, acquire, possess, or use luminous safety devices according to the general license in 180 NAC 3-008.05(A) are exempt from the requirements of 180 NAC 4 and 10 other than that they must comply with the provisions of 180 NAC 4-057 and 4-058.

008.05(C) LIMITATION. This general license does not authorize the manufacture, assembly, repair, or import of luminous safety devices containing tritium or promethium-147.

008.05(D) PROMETHIUM-147 CONTAINED IN INSTRUMENT DIALS. This general license does not authorize ownership, receipt, acquisition, possession or use of promethium-147 contained in instrument dials.

008.05(E) ADDITIONAL REQUIREMENTS. This general license is subject to the provisions of 180 NAC 1-004 through 1-009, 180 NAC 3-017, 3-025, 3-027, and 13.

008.05(F) EXPORT. This general license does not authorize the export of luminous safety devices containing tritium or promethium-147.

008.06 OWNERSHIP OF RADIOACTIVE MATERIAL. A general license is issued to own radioactive material without regard to quantity. Despite any other provisions of 180 NAC 3, this general license does not authorize the manufacture, production, transfer, receipt, possession or use of radioactive material.

008.07 CALIBRATION AND REFERENCE SOURCES. The following applies to calibration and reference sources.

008.07(A) AMERICIUM-241. A general license is issued to those persons listed below to own, receive, acquire, possess, use, and transfer, according to the provisions of 180 NAC 3-008.07(D) and (E), americium-241 in the form of calibration or reference sources:
(i) Any person who holds a specific license issued by the Department which authorizes the licensee to receive, possess, use, and transfer radioactive material; and

(ii) Any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission (NRC) which authorizes the licensee to receive, possess, use, and transfer special nuclear material.

008.07(B) PLUTONIUM. A general license is issued to own, receive, possess, use, and transfer plutonium in the form of calibration or reference sources according to the provisions of 180 NAC 3-008.07(D) and (E) to any person who holds a specific license issued by the Department which authorizes the licensee to receive, possess, use, and transfer radioactive material.

008.07(C) RADIUM-226. A general license is issued to own, receive, possess, use, and transfer radium-226 in the form of calibration or reference sources according to the provisions of 180 NAC 3-008.07(D) and (E) to any person who holds a specific license issued by the Department which authorizes the licensee to receive, possess, use, and transfer radioactive material.

008.07(D) APPLICABILITY. The general licenses in 180 NAC 3-008.07(A) through (C) apply only to calibration or reference sources which have been manufactured according to the specifications contained in a specific license issued to the manufacturer or importer of the sources by the U.S. Nuclear Regulatory Commission (NRC) according to 10 CFR 30.33, according to the specifications contained in a specific license issued to the manufacturer by the Department, or any Agreement State according to licensing requirements equivalent to those contained in 10 CFR 30.33.

008.07(E) ADDITIONAL REQUIREMENTS. The general licenses provided in 180 NAC 3-008.07(A) through (C). are subject to the provisions of 180 NAC 1-004 through 1-009, 180 NAC 3-017, 3-025, 3-027, 180 NAC 4, 10, and 13. In addition, persons who own, receive, acquire, possess, use or transfer one or more calibration or reference sources according to these general licenses must:
(i) Not possess at any one time, at any one location of storage or use, more than 185 kBq (5 µCi) of americium-241, 185 kBq (5 µCi) of plutonium, and 185 kBq (5 µCi) of radium-226 in such sources;

(ii) Not receive, possess, use, or transfer such source unless the source, or the storage container, bears a label which includes the following statement or a substantially similar statement which contains the information called for in the following statement, showing only the name of the appropriate material.

The receipt, possession, use and transfer of this source Model _______, Serial No. _______, are subject to a general license and the regulations of the U.S. Nuclear Regulatory Commission (NRC) or of a State with which the Commission (NRC) has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

CAUTION - RADIOACTIVE MATERIAL - THIS SOURCE CONTAINS (RADIUM-226) (AMERICIUM-241) (PLUTONIUM) DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE.

_________________________

Name of manufacturer or importer

(iii) Not transfer, abandon, or dispose of such source other than by transfer to a person authorized by a license from the Department, the U.S. Nuclear Regulatory Commission (NRC), or any other Agreement State to receive the source;

(iv) Store such source, other than when the source is being used, in a closed container adequately designed and constructed to contain americium-241, plutonium, or radium-226 which might otherwise escape during storage; and

(v) Not use such source for any purpose other than the calibration of radiation detectors or the standardization of other sources.

008.07(F) MANUFACTURE PROHIBITED. These general licenses do not authorize the manufacture of calibration or reference sources containing americium-241, plutonium, or radium-226.

008.08 RESERVED.

008.09 GENERAL LICENSE FOR USE OF RADIOACTIVE MATERIAL FOR CERTAIN IN VITRO CLINICAL OR LABORATORY TESTING. The following applies to the general license for use of radioactive material for certain in vitro clinical or laboratory testing.

008.09(A) GENERAL LICENSE ISSUED. A general license is issued to any physician, veterinarian in the practice of veterinary medicine, clinical laboratory or hospital to receive, acquire, possess, transfer or use, for any of the following stated tests, according to the provisions of 180 NAC 3-008.09(B) through (F), the following radioactive materials in prepackaged units for use in in vitro clinical or laboratory tests not involving internal or external administration of radioactive material, or the resulting radiation, to human beings or animals:
(i) Iodine-125, iodine-131, selenium-75, cobalt-57, and carbon-14 in units not exceeding 370 kBq (10 µCi) each;

(ii) Hydrogen-3 (tritium), in units not exceeding 1.85 MBq (50 µCi) each;

(iii) Iron-59, in units not exceeding 740 kBq (20 µCi) each; or

(iv) Mock Iodine-125 reference or calibration sources, in units not exceeding 1.85 kBq ( 0.05µCi) of iodine-129 and 1.85 Bq ( 0.005µCi) of americium-241 each.

(v) Colbalt-57, in units not exceeding 0.37 MBq (01 µCi) each.

008.09(B) CERTIFICATE REQUIRED. No person receives, acquires, possesses, uses or transfers radioactive material according to the general license established by 180 NAC 3-008.09(A) until they file Department Form NRH-17, "Certificate - In Vitro Testing with Radioactive Material Under General License", with the Department and received from the Department a validated copy of Department Form NRH-17 with certification number assigned. Department Form NRH-17 is set out as Attachment 3 of this chapter. The physician, veterinarian, clinical laboratory or hospital must furnish on Department Form NRH-17 the following information and such other information as may be required by that form:
(i) Name and address of the physician, veterinarian, clinical laboratory or hospital;

(ii) The location of use; and

(iii) A statement that the physician, veterinarian in the practice of veterinary medicine, clinical laboratory or hospital has appropriate radiation measuring instruments to carry out in vitro clinical or laboratory tests with radioactive material as authorized under the general license in 180 NAC 3-008.09(A) and that such tests will be performed only by personnel competent in the use of such instruments and in the handling of the radioactive material;

008.09(C) ADDITIONAL REQUIREMENTS. A person who receives, acquires, possesses or uses radioactive material according to the general license established by 180 NAC 3-008.09(A) must comply with the following:
(i) The general licensee must not possess at any one time, according to the general license in 180 NAC 3-008.09(A) at any one location of storage or use a total amount of iodine-125, iodine-131, iron-59, cobalt-57 and selenium-75 in excess of 7.4 MBq (200 mCi);

(ii) The general licensee must store the radioactive material, until used, in the original shipping container or in a container providing equivalent radiation protection;

(iii) The general licensee must use the radioactive material only for the uses authorized by 180 NAC 3-008.09(A);

(iv) The general licensee must not transfer the radioactive material to a person who is not authorized to receive it according to a license issued by the Department, the U.S. Nuclear Regulatory Commission (NRC), or any Agreement State, nor transfer the radioactive material in any manner other than in the unopened, labeled shipping container as received from the supplier; and

(v) The general licensee must dispose of the Mock Iodine-125 reference or calibration sources described in 180 NAC 3-008.09, (A)(iv) as required by 180 NAC 4-039 and 4-044.

008.09(D) LIMITATIONS. The general licensee must not receive, acquire, possess, or use radioactive material according to 180 NAC 3-008.09(A):
(i) Other than as prepackaged units which are labeled according to the provisions of an applicable specific license issued according to 180 NAC 3-014.08 or according to the provisions of a specific license issued by the U.S. Nuclear Regulatory Commission (NRC), or any Agreement State which authorizes the manufacture and distribution of iodine-125, iodine-131, carbon-14, hydrogen-3 (tritium), iron-59, selenium-75, cobalt-57, or Mock Iodine-125 to persons generally licensed under 180 NAC 3-008.09 or its' equivalent, and

(ii) Unless the following statement, or substantially similar statement which contains the information called for in the following statement, appears on a label affixed to each prepackaged unit or appears in a leaflet or brochure which accompanies the package:

This radioactive material is received, acquired, possessed, and used only by physicians, veterinarians in the practice of veterinary medicine, clinical laboratories or hospitals and only for in vitro clinical or laboratory tests not involving internal or external administration of the material, or the resulting radiation, to human beings or animals. Its receipt, acquisition, possession, use, and transfer are subject to the regulations and a general license of the U.S. Nuclear Regulatory Commission (NRC) or of a State with which the Commission has entered into an agreement for the exercise of regulatory authority.

_____________________

Name of Manufacturer

008.09(E) CHANGES. The physician, veterinarian in the practice of veterinary medicine, clinical laboratory or hospital possessing or using radioactive material under the general license of 180 NAC 3-008.09(A) must report in writing to the Department, any changes in the information furnished by him or her in the "Certificate - In Vitro Testing with Radioactive Material Under General License", Department Form NRH-17. The report must be furnished within 30 days after the effective date of such change.

008.09(F) MOCK IODINE-125. Any person using radioactive material according to the general license of 180 NAC 3-008.09(A) is exempt from the requirements of 180 NAC 4 and 10 with respect to radioactive material covered by that general license, other than such persons using the Mock Iodine-125 described in 180 NAC 3-008.09(A)(iv) must comply with the provisions of 180 NAC 4-039, 4-057, and 4-058.

008.10 ICE DETECTION DEVICES. The following applies to ice detection devices.

008.10(A) GENERAL LICENSE ISSUED. A general license is issued to own, receive, acquire, possess, use, and transfer strontium-90 contained in ice detection devices, provided each device contains not more than 1.85 MBq (50 µCi) of strontium-90 and each device has been manufactured or imported according to a specific license issued by the U.S. Nuclear Regulatory Commission (NRC) or each device has been manufactured according to the specifications contained in a specific license issued by the Department or any Agreement State to the manufacturer of such device according to licensing requirements equivalent to those in 10 CFR 32.61.

008.10(B) REQUIREMENTS. Persons who own, receive, acquire, possess, use, or transfer strontium-90 contained in ice detection devices according to the general license in 180 NAC 3-008.10(A):
(i) Must upon occurrence of visually observable damage, such as a bend or crack or discoloration from overheating to the device, discontinue use of the device until it has been inspected, tested for leakage, and repaired by a person holding a specific license from the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State to manufacture or service such devices; or must dispose of the device according to the provisions of 180 NAC 4-039;

(ii) Must assure that all labels affixed to the device at the time of receipt, and which bear a statement which prohibits removal of the labels, are maintained upon; and

(iii) Are exempt from the requirements of 180 NAC 4 and 10 other than such persons must comply with the provisions of 180 NAC 4-039, 4-057, and 4-058.

008.10(C) LIMITATIONS. This general license does not authorize the manufacture, assembly, disassembly, repair or import of strontium-90 in ice detection devices.

008.10(D) ADDITIONAL REQUIREMENTS. This general license is subject to the provisions of 180 NAC 1-004 through 1-009, 180 NAC 3-017, 180 NAC 3-025, 180 NAC 3-027, and 180 NAC 13.

008.11 GENERAL LICENSE FOR CERTAIN ITEMS AND SELF-LUMINOUS PRODUCTS CONTAINING RADIUM-226. The following applies to general licenses for certain items and self luminous products containing radium-226:

008.11(A) GENERAL LICENSE ISSUED. A general license is issued to any person to acquire, receive, possess, use, or transfer, according to the provisions of 180 NAC 3-008.11(B), 3-008.11(C) and 3-008.11(D), radium-226 contained in the following products manufactured prior to November 30, 2007:
(i) Antiquities originally intended for use by the general public. For the purposes of this paragraph, antiquities mean products originally intended for use by the general public and distributed in the late 19th and early 20th centuries, such as radium emanator jars, revigators, radium water jars, radon generators, refrigerator cards, radium bath salts, and healing pads.

(ii) Intact timepieces containing greater than 0.037 MBq (1 µCi), nonintact timepieces, and timepiece hands and dials no longer installed in timepieces.

(iii) Luminous items installed in air, marine, or land vehicles.

(iv) All other luminous products, provided that no more than 100 items are used or stored at the same location at any one time.

(v) Small radium sources containing no more than 0.037 MBq (1 µCi) of radium-226. For the purposes of this paragraph, "small radium sources" means discrete survey instrument check sources, sources contained in radiation measuring instruments, sources used in educational demonstrations (such as cloud chambers and spinthariscopes), electron tubes, lightning rods, ionization sources, static eliminators, or as designated by the U.S. Nuclear Regulatory Commission (NRC).

008.11(B) EXEMPTIONS. Persons who acquire, receive, possess, use, or transfer radioactive material under the general license issued in 180 NAC 3-008.11(A) are exempt from the provisions of 180 NAC 4, 10, 3-026 and 3-030, to the extent that the receipt, possession, use, or transfer of radioactive material is within the terms of the general license; provided, however, that this exemption must not be deemed to apply to any such person specifically licensed under 180 NAC 3.

008.11(C) REQUIREMENTS AND LIMITATIONS. Any person who acquires, receives, possesses, uses, or transfers radioactive material according to the general license in 180 NAC 3-008.11(A) must:
(i) Notify the Department if there is any indication of possible damage to the product so that it appears it could result in a loss of the radioactive material. A report containing a brief description of the event, and the remedial action taken, must be furnished to the Director of Public Health of the Nebraska Department of Health and Human Services, P.O. Box 95026, Lincoln, NE 68509 within 30 days.

(ii) Not abandon products containing radium-226. The product, and any radioactive material from the product, may only be disposed of according to 180 NAC 4-039 or by transfer to a person authorized by a specific license to receive the radium-226 in the product or as otherwise approved by the U.S. Nuclear Regulatory Commission (NRC).

(iii) Not export products containing radium-226 other than according to 10 CFR 110.

(iv) Dispose of products containing radium-226 at a disposal facility authorized to dispose of radioactive material according to any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act, as authorized under the Energy Policy Act of 2005, by transfer to a person authorized to receive radium-226 by a specific license issued under 180 NAC 3, or equivalent regulations of this Department or an Agreement State, or U.S. Nuclear Regulatory Commission (NRC).

(v) Respond to written requests from the Department to provide information relating to the general license within 30 calendar days of the date of the request, or other time specified in the request. If the general licensee cannot provide the requested information within the allotted time, it must, within that same time period, request a longer period to supply the information by providing the Director of Public Health of the Nebraska Department of Health and Human Services, by an appropriate method listed in 180 NAC 1-012, a written justification for the request.

008.11(D) MANUFACTURE, ASSEMBLY, DISASSEMBLY, REPAIR, OR IMPORT OF PRODUCTS. The general license in 180 NAC 3-008.11(A) does not authorize the manufacture, assembly, disassembly, repair, or import of products containing radium-226, other than timepieces that may be disassembled and repaired.

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.
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