180 NAC 3-007.04 establishes a general license authorizing a person to receive, acquire, possess, use, or transfer according to 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.
Possession of depleted uranium is not authorized under 180 NAC 3-007.04 until a licensee has filed Form NRH-11 and received from the Department a validated copy of NRH-11 with a certification number.
CONDITIONS AND LIMITATIONS OF GENERAL LICENSE 3-007.04
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. 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. Click here to view image
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180 Neb. Admin. Code, ch. 3, Attachment 2
Adopted effective 6/15/2021