180 Neb. Admin. Code, ch. 3, § 007

Current through September 17, 2024

Section 180-3-007 - GENERAL LICENSES - SOURCE MATERIAL

This section addresses general licenses for source material.

007.01GENERAL 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.

007.02LIMITATIONS. 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.

007.03MINIMIZE 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.

007.04DEPLETED 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.

007.05EXTERNAL 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.

007.06EXEMPTIONS. 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.

007.07TRANSFER 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.

007.08APPLICANTS. 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.

007.09LABELING, 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.

180 Neb. Admin. Code, ch. 3, § 007

Amended effective 6/15/2021