Current
through Register Vol. 43, No. 12, March 20, 2024
(a) Subject to the limitations in subsections
(b), (c), and (d), a general license is hereby issued to any person to acquire,
possess, use, and transfer radium-226 contained in the following products if
manufactured before the effective date of this regulation:
(1) Antiquities originally intended for use
by the general public. For the purposes of this paragraph, antiquities" shall
mean products originally intended for use by the general public and distributed
in the late 19th and early 20th centuries, including radium emanator jars,
re-vigators, radium water jars, radon generators, refrigerator cards, radium
bath salts, and healing pads;
(2)
intact timepieces containing more than 0.037 megabecquerel (1 microcurie),
nonintact timepieces, and timepiece hands and dials no longer installed in
timepieces;
(3) luminous items
installed in air, marine, or land vehicles;
(4) all other luminous products not listed in
this subsection, if not more than 100 items are used or stored at the same
location at any one time; and
(5)
small radium sources containing not more than 0.037 megabecquerel (1
microcurie) of radium-226. For the purposes of this paragraph, small radium
sources" shall mean discrete survey instrument check sources; sources contained
in radiation-measuring instruments; sources used in educational demonstrations,
including cloud chambers and spinthariscopes; electron tubes; lightning rods;
ionization sources; static eliminators; and small radium sources designated by
the commission.
(b) A
person shall not acquire, possess, use, or transfer radium-226 pursuant to the
general license issued in subsection (a) until the person has filed form RH-37
with the secretary and has received from the secretary a validated copy of the
form, with a certification number assigned. Each person filing a form RH-37
shall provide all the information required by that form.
(c) Each person that acquires, receives,
possesses, uses, or transfers by-product material in accordance with the
general license issued in subsection (a) shall meet the following requirements:
(1) Notify the department of any indication
of possible damage to the product that indicates a potential loss of the
radioactive material. A report containing a brief description of the event and
the remedial action taken shall be provided to the department within 30 days of
the incident;
(2) not abandon any
products containing radium-226. The product and any radioactive material from
the product shall be disposed of only according to K.A.R. 28-35165 or by
transfer to a person authorized by a specific license to receive the radium-226
in the product or as otherwise approved by the department;
(3) not export any products containing
radium-226 except in accordance with K.A.R. 28-35-178b;
(4) dispose of any products containing
radium-226 at a disposal facility authorized to dispose of radioactive material
in accordance with any federal or state solid or hazardous waste law, including
the solid waste disposal act of 1965,
42 U.S.C.
6901 through
6992k as amended, as authorized
under 42 U.S.C.
15801 et seq., by transfer to a person
authorized to receive radium-226 by a specific license issued under K.A.R.
28-35-180a or equivalent regulations of an agreement state or the commission,
or as otherwise approved by the department; and
(5) respond to any written request from the
department to provide information relating to the general li- cense 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, that licensee shall, within that same time period,
request a longer period to supply the information by submitting a letter to the
department and shall provide written justification as to why the person cannot
comply.
(d) Each general
licensee under this regulation shall file with the secretary a written report
of any changes in the information filed in form RH-37. The report shall be
furnished within 30 days after the effective date of the change.
(e) Each person that acquires, receives,
possesses, uses, or transfers by-product material under the general license
issued under this regulation shall be exempt from the provisions of parts 4 and
10 of these regulations to the extent that the receipt, possession, use, or
transfer of by-product material is within the terms of the general license.
This exemption shall not apply to any person issued a specific license under
these regulations.
(f) The general
license specified in subsection (a) shall not authorize the manufacture,
assembly, disassembly, repair, or import of any products containing radium-226,
except that timepieces may be disassembled and repaired.
(g) Any general licensee under this
regulation who is an individual member of the public may submit an application
to the department for a waiver from the general license fee prescribed in
K.A.R. 28-35-147a.
