180 Neb. Admin. Code, ch. 3, § 028

Current through September 17, 2024

Section 180-3-028 - RECIPROCAL RECOGNITION OF LICENSES

This section addresses reciprocal recognition of licenses.

028.01LICENSES OF RADIOACTIVE MATERIAL EXCEPT SPECIAL NUCLEAR MATERIAL IN QUANTITIES SUFFICIENT TO FORM A CRITICAL MASS. The following applies to licenses of radioactive material except special nuclear material in quantitites sufficient to form a critical mass.

028.01(A)CONDUCT OF LICENSED ACTIVITIES. Subject to Title 180, any person who holds a specific license from the U.S. Nuclear Regulatory Commission (NRC) or any Agreement State, and issued by the Department having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is granted a general license to conduct the activities authorized in such licensing document within this State for a period not in excess of 180 days in any 12 consecutive months provided that:

(i) The licensing document does not limit the activity authorized by such document to specified installations or locations;

(ii) The out-of-state licensee notifies the Department in writing at least three (3) days prior to engaging in such activity. Such notification must include:

(1) Name of company for whom services will be performed, an individual to be contacted representing the company and telephone number;

(2) The exact location, start date, duration, and type of activity to be conducted;

(3) The name or names, documentation of training, and in-state address or addresses of the individual or individuals performing the activity;

(4) The identification of the sources of radiation to be used;

(5) A copy of the pertinent license;

(6) A copy of the licensee's operating and emergency procedures;

(7) An annual fee according to 180 NAC 18; and

(8) The out-of-state licensee notifies the Department of changes in work locations, radioactive material, or work activities different from the information contained on the initial notification. If, for a specific case, the three day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon application to the Department, obtain permission to proceed sooner. The Department may waive the requirement for filing additional written notifications during the remainder of the calendar year following the receipt of the initial notification from a person engaging in activities under the general license provided in 180 NAC 3-028.01.

(iii) The out-of-state licensee complies with all applicable regulations of the Department and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable regulations of the Department;

(iv) The out-of-state licensee maintains a current copy of the appropriate license, and all amendments previously mentioned, issued by the Department;

(v) The out-of-state licensee supplies such other information as the Department may request; and

(vi) The out-of-state licensee must not transfer or dispose of radioactive material possessed or used under the general license provided in 180 NAC 3-028.01(A) except by transfer to a person:

(1) Specifically licensed by the Department or by the U.S. Nuclear Regulatory Commission (NRC) to receive such material, or

(2) Exempt from the requirements for a license for such material under 180 NAC 3-004.01.

028.01(B) INSTALLATION, TRANSFER, DEMONSTRATION OR SERVICE. Despite the provisions of 180 NAC 3-028.01(A) any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State authorizing the holder to manufacture, transfer, install, or service a device described in 180 NAC 3-008.04, within areas subject to the jurisdiction of the licensing body is granted a general license to install, transfer, demonstrate or service such a device in this State provided that:

(i) Such person must file a report with the Department within 30 days after the end of each calendar quarter in which any device is transferred to or installed in this State. Each report must identify each general licensee to whom the device is transferred by name and address, the type and model of device transferred, and the quantity and type of radioactive material contained in the device;

(ii) The device has been manufactured, labeled, installed, and serviced according to applicable provisions of the specific license issued to such person by the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State;

(iii) Such person must assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of this label is prohibited"; and

(iv) The holder of the specific license must furnish to each general licensee to whom the person transfers the device or on whose premises the person installs the device a copy of the general license contained in 180 NAC 3-008.04.

028.01(C)LIMITATIONS. The Department may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by another agency, or any product distributed according to such licensing document, upon determining that such action is necessary in order to achieve compliance with Title 180 or to prevent undue hazard to public health and safety or property.

028.02RECOGNITION OF AGREEMENT STATE LICENSEES. The requirements for the recognition of Agreement State licenses are as follows:

(A) Before radioactive materials can be used at a temporary job site within the State at any Federal facility, the jurisdictional status of the job site must be determined. If the jurisdictional status is unknown, the Federal agency must be contacted to determine if the job site is under exclusive Federal jurisdiction.

(i) In areas of exclusive Federal jurisdiction, the general license is subject to all the applicable rules, regulations, orders and fees of the U.S. Nuclear Regulatory Commission (NRC); and

(ii) Authorizations for use of radioactive materials at job sites under exclusive Federal jurisdiction must be obtained from the U.S. Nuclear Regulatory Commission (NRC) by either (1) filing a U.S. Nuclear Regulatory Commission (NRC) Form-241 according to 10 CFR 150.20(b); or (2) by applying for a specific U.S. Nuclear Regulatory Commission (NRC) license; and

(B) Before radioactive material can be used at a temporary job site in another State, authorization must be obtained for the State if it is an Agreement State, or from the U.S. Nuclear Regulatory Commission (NRC) for any non-Agreement State, either by filing for reciprocity or applying for a specific license.

180 Neb. Admin. Code, ch. 3, § 028

Amended effective 6/15/2021