Section 180-3-004 - RADIOACTIVE MATERIAL OTHER THAN SOURCE MATERIAL EXEMPTIONS This section addresses exemptions for radioactive material other than source material.
004.01EXEMPT 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 32.11.004.02EXEMPT 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 3.004.03EXEMPT 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)(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)(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 ( 0.05µCi) 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 ( 0.1µCi) 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 32.210.180 Neb. Admin. Code, ch. 3, § 004
Amended effective 6/15/2021