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

Current through June 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 (
  0.005
											µCi) 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 (
  0.005
											µCi) 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.