Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
194A.005(1),
211.180(1),
211.842-211.852,
211.990(4),
10 C.F.R. Part 61, 40 C.F.R. 261,
42 U.S.C.
2011 -
2297g-4
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
211.844(1) requires the
Cabinet for Health and Family Services to promulgate administrative regulations
for the registration and licensing of the possession or use of sources of
ionizing or electronic product radiation and the handling and disposal of
radioactive waste. This administrative regulation establishes procedures,
criteria, terms, and conditions upon which the cabinet issues licenses for the
land disposal of radioactive wastes received from other persons.
Section 1. Definitions.
(1) "Agreement state" means a state with
which the United States Nuclear Regulatory Commission (NRC) or the United
States Atomic Energy Commission has entered into an effective agreement under
subsection 274 b. of the Atomic Energy Act of 1954, as amended (42
U.S.C. 2021(b) et
seq.).
(2) "Cabinet" is defined by
KRS
194A.005(1).
(3) "Licensee" means a person who holds:
(a) A specific license issued by the cabinet
pursuant to
902 KAR
100:040 and this administrative regulation;
(b) A specific license issued by the U.S.
Nuclear Regulatory Commission or an Agreement state; or
(c) A general license pursuant to
902 KAR 100:050
or equivalent regulations of the U.S. Nuclear Regulatory Commission or an
agreement state.
Section
2. Applicability. This administrative regulation shall apply to a
licensee. Except as established in subsections (1) through (4) of this section,
the licensee shall comply with 10 C.F.R. Part 61 .
(1) The licensee shall not be subject to:
(a)
10 C.F.R.
61.4;
(b)
10 C.F.R.
61.5;
(c)
10 C.F.R.
61.8;
(d)
10 C.F.R.
61.16;
(e)
10 C.F.R.
61.20;
(f)
10 C.F.R.
61.23(i) and (j);
(g)
10 C.F.R.
61.70;
(h)
10 C.F.R.
61.71;
(i)
10 C.F.R.
61.72;
(j)
10 C.F.R.
61.73;
(k)
10
C.F.R. 61.83; or
(l)
10 C.F.R.
61.84.
(2) Each application for a specific license
shall be filed pursuant to
902 KAR
100:040.
(3) Reference to the NRC, the Commission, or
an agreement state shall be deemed to reference the Cabinet for Health and
Family Services, Department for Public Health, Radiation Health Branch, the NRC
or an agreement state.
(4) The
report required by
10 C.F.R.
61.80(h) and (i) shall be
directed to the manager, Radiation Health Branch, at:
(a) 275 East Main Street, Mailstop HS1-C-A,
Frankfort, Kentucky 40621;
(b)
(502) 564-1492: Facsimile;
(c)
(502) 564-3700: Telephone, Monday through Friday, 8 a.m. to 4:30 p.m.; or
(d) (800) 255-2587: Telephone, for
hours except those established in paragraph (c) of this subsection.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.090(3),
211.844(1),
