180 Neb. Admin. Code, ch. 3, § 003

Current through September 17, 2024

Section 180-3-003 - SOURCE MATERIAL EXEMPTIONS

This section addresses source material exemptions.

003.01ANY CHEMICAL MIXTURE, COMPOUND, SOLUTION, OR ALLOY IN WHICH THE SOURCE MATERIAL IS BY WEIGHT LESS THAN 1/20 OF 1% ( 0.05 %) OF THE MIXTURE, COMPOUND, SOLUTION, OR ALLOY.

Any person is exempt from 180 NAC 3 to the extent that the person receives, possesses, uses, owns, or transfers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than 1/20 of 1% ( 0.05 %) of the mixture, compound, solution, or alloy.

003.02UNREFINED AND UNPROCESSED ORE CONTAINING SOURCE MATERIAL. Any person is exempt from 180 NAC 3 to the extent that such person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material; provided that, except as authorized in a specific license, the person must not refine or process such ore.

003.03THORIUM, URANIUM, AND SOURCE MATERIAL CONTAINED IN GLASSWARE AND CERAMICS. Any person is exempt from the requirements of the 180 NAC 3 and 4, and 10 to the extent that the person receives, possesses, uses, or transfers:

(A) Any quantities of thorium contained in:

(i) Incandescent gas mantles;

(ii) Vacuum tubes;

(iii) Welding rods;

(iv) Electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium;

(v) Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting provided that each lamp does not contain more than 2 grams of thorium;

(vi) Rare earth metals and compounds, mixtures, and products containing not than 0.25% by weight thorium, uranium, or any combination of these; or

(vii) Personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams of thorium;

(B) Source material contained in the following products:

(i) Glazed ceramic tableware manufactured before August, 27, 2013, provided that the glaze contains not more than 20% by weight source material;

(ii) Glassware, containing not more than 2% by weight source material or for glassware manufactured before August 27, 2013, 10 percent by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile or other glass, or ceramic used in construction;

(iii) Glass enamel or glass enamel frit containing not more than 10% by weight source material imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983. On July 25, 1983, the exemption of glass enamel or glass enamel frit was suspended. The exemption was eliminated on September 11, 1984; or

(iv) Piezoelectric ceramic containing not more than 2% by weight source material;

(C) Photographic film, negatives, and prints containing uranium or thorium;

(D) Any finished product or part fabricated of, or containing, tungsten-thorium or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed 4% by weight and that the exemption contained in this subpart does not authorize the chemical, physical, or metallurgical treatment or processing of any such product or part;

(E) Uranium contained in counterweights installed in aircraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or removal of such counterweights, provided that:

(i) Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM". The requirements specified in 180 NAC 3-003.03(E)(ii) and (E)(iii) need not be met by counter weights manufactured prior to December 31, 1969; provided, that such counter weights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend, required by CFR 40.13(c)(5)(ii) in effect on June 30, 1969;

(ii) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED", and

(iii) The exemption contained in this division does not authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering;

(F) Natural or depleted uranium metal used as shielding constituting part of any shipping container, provided that:

(i) The shipping container is conspicuously and legibly impressed with the legend "CAUTION - RADIOACTIVE SHIELDING - URANIUM", and

(ii) The uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of one-eighth inch ( 3.2mm);

(G) Thorium or uranium contained in or on finished optical lenses and mirrors, provided that each lens or mirror does not contain more than 10% by weight of thorium or uranium or, for lenses manufactured before August 27, 2013, 30% by weight of thorium; and that the exemption contained 180 NAC 3-003.03(G) does not authorize either:

(i) Shaping, grinding, or polishing of such lens or mirror or manufacturing processes other than the assembly of such lens or mirror into optical systems and devices without any alteration of the lens or mirror, or

(ii) Receipt, possession, use, or transfer of uranium or thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments;

(H) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:

(i) the thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria, thorium dioxide, and

(ii) the thorium content in the nickel-thoria alloy does not exceed 4% by weight; and

(I) No person may initially transfer for sale or distribution a product containing source material to persons exempt under this 180 NAC 3-003.03, or equivalent regulations of an U.S. Nuclear Regulatory Commission (NRC) or Agreement State, unless authorized by a license issued under 10 CFR 40.52 to initially transfer such products for sale or distribution.

(i) Persons initially distributing source material in products covered by the exemptions in 180 NAC 3-003.03 before the effective date of these regulations, without specific authorization may continue such distribution for 1 year beyond this date. Initial distribution may also be continued until the U.S. Nuclear Regulatory Commission (NRC) takes final action on a pending application for license or license amendment to specifically authorize distribution submitted no later than 1 year beyond this date;

(ii) Persons authorized to manufacture, process, or produce these materials or products containing source material by the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State, and persons who import finished products or parts, for sale or distribution must be authorized by a license issued under 180 NAC 10 CFR 40.52 for distribution only and are exempt from the requirements of 180 NAC 4 and 10, and 180 NAC 3-011(A) and (B).

003.04MANUFACTURE OF PRODUCTS. The exemptions in 180 NAC 3-003.03 do not authorize the manufacture of any of the products described.

003.05TRANSPORT AND STORAGE EXEMPTIONS. Common and contract carriers, freight forwarders, warehouse personnel, and the U.S. Postal Service are exempt from the regulations in 180 NAC 3, 7, and 24 to the extent that they transport or store radioactive material in the regular course of carriage for another or storage incident previously mentioned.

180 Neb. Admin. Code, ch. 3, § 003

Amended effective 6/15/2021