Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 211.842-211.852,
211.990(4),
10 C.F.R.
20.1401-20.1406,
30, Appendices A-E, 30.35, 30.36, 40.36, 70.25, 15 U.S.C. 2B,
78m
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
211.844 requires the Cabinet for Health and
Family Services to regulate the possession or use of sources of ionizing or
electronic product radiation and the handling and disposal of radioactive
waste. This administrative regulation establishes requirements for
decommissioning and financial assurance of radioactive material
licensees.
Section 1. General
Provisions and Scope.
(1) This administrative
regulation shall apply to the decommissioning and financial assurance
requirements of a facility licensed under
902 KAR
100:040 or
902
KAR 100:022, as well as other facilities subject to
the cabinet's jurisdiction under
KRS
211.842 to
211.852.
For a low-level waste disposal facility licensed pursuant to
902
KAR 100:022, the criteria for decommissioning shall
apply to only an ancillary surface facility that supports radioactive waste
disposal activities.
(2) This
administrative regulation shall not apply to a site that has:
(a) Been decommissioned prior to the
effective date of this administrative regulation;
(b) Previously submitted and received cabinet
approval on a license termination or decommissioning plan prior to the
effective date of this administrative regulation; or
(c) Submitted a license termination or
decommissioning plan with an application, as required by
902 KAR
100:040, Section 7.
(3) After a site has been decommissioned and
the license terminated in accordance with this administrative regulation, the
cabinet shall require additional cleanup if, based on new information, it
determines that necessary criteria were not met and residual radioactivity at
the site may result in significant threat to public health and
safety.
(4) To calculate Total
Effective Dose Equivalent (TEDE) to the average member of the critical group,
the licensee shall determine the peak annual TEDE dose expected within the
first 1,000 years after decommissioning.
Section 2. Radiological Criteria for
Unrestricted Use.
(1) A site shall be
considered acceptable for unrestricted use if:
(a) The residual radioactivity that is
distinguishable from background radiation results in a TEDE to an average
member of the critical group that does not exceed twenty-five (25) millirem
(0.25 mSv) per year, including radioactivity from groundwater sources of
drinking water; and
(b) The
residual radioactivity has been reduced to As Low as Reasonably Achievable
(ALARA) levels.
(2)
Determination of ALARA levels shall take into account every foreseeable
potential detriment that may result from decontamination and waste
disposal.
Section 3.
Criteria for License Termination Under Restricted Conditions. The cabinet shall
terminate a license under restricted conditions if one (1) or more of the
following circumstances exist at the site:
(1)
The licensee demonstrates that further reductions in residual radioactivity
necessary to comply with Section 2 of this administrative regulation:
(a) May result in net public or environmental
harm; or
(b) The residual levels
associated with restricted conditions are ALARA. Determination of ALARA levels
shall take into account every foreseeable potential detriment that may result
from decontamination and waste disposal;
(2) The licensee has made provisions for
legally enforceable institutional controls that provide reasonable assurance
that the TEDE from residual radioactivity distinguishable from background to
the average member of the critical group will not exceed twenty-five (25) mrem
(0.25 mSv) per year;
(3) The
licensee has provided sufficient financial assurance to enable an independent
third party, including a governmental custodian of a site, to assume and carry
out responsibilities for necessary control and maintenance of the site.
Acceptable financial assurance mechanisms shall include:
(a) Funds placed into an account segregated
from the licensee's assets and outside the licensee's administrative control,
as established in Section 15(2)(a) of this administrative regulation;
(b) Surety method, insurance, or other
guarantee method as described in Section 15(2)(b) of this administrative
regulation;
(c) For a federal,
state, or local government licensee, a statement of intent as described in
Section 15(2)(d) of this administrative regulation; or
(d) For a governmental entity assuming
custody and ownership of a site, an arrangement deemed acceptable by the
governmental entity.
(4)
The licensee has submitted a decommissioning or license termination plan to the
cabinet indicating the licensee's intent to decommission in accordance with
Section 14(1) of this administrative regulation and specifying that the
licensee intends to decommission by restricting use of the site. The licensee
shall document in the plan how the advice of potentially affected individuals
and institutions in the community has been sought, analyzed, and incorporated,
as appropriate.
(a) A licensee proposing to
decommission by restricting use of the site shall seek advice from
potentially-affected parties if:
1.
Institutional controls proposed by the licensee:
a. Provide reasonable assurance that the TEDE
from residual radioactivity distinguishable from background to the average
member of the critical group will not exceed twenty-five (25) mrem (0.25 mSv)
TEDE per year;
b. Are enforceable;
and
c. Will not impose undue
burdens on the local community or other affected parties;
and
2. The licensee has
provided sufficient financial assurance to enable an independent third party,
including a governmental custodian of a site, to assume and carry out
responsibilities for necessary control and maintenance of the site;
(b) In seeking advice on the
issues identified in paragraph (a) of this subsection, the licensee shall
provide for:
1. Participation by
representatives of a broad cross section of potentially-affected community
interests;
2. An opportunity for a
comprehensive, collective discussion on the issues by the participants;
and
3. A publicly available summary
of the results of the discussions, including a description of the participants'
viewpoints and the extent of agreement and disagreement among the participants;
and
(5)
Residual radioactivity at the site has been reduced so that if the
institutional controls were no longer in effect, there is reasonable assurance
that the TEDE from residual radioactivity distinguishable from background to
the average member of the critical group is ALARA and shall not exceed:
(a) 100 mrem (1 mSv) per year; or
(b) 500 mrem (5 mSv) per year, if the
licensee:
1. Demonstrates that further
reductions in residual radioactivity necessary to comply with the value in
subsection (5)(a) of this section are not technically achievable, are
prohibitively expensive, or may result in net public or environmental
harm;
2. Makes provisions for
durable institutional controls;
3.
Provides sufficient financial assurance to enable a responsible government
entity or independent third party, including a governmental custodian of a
site, to:
a. Carry out periodic rechecks of
the site at least every five (5) years to assure that the institutional
controls remain in place as necessary to meet the criteria established in
subsection (2) of this section; and
b. Assume and carry out responsibilities for
necessary control and maintenance of the institutional controls. Acceptable
financial assurance mechanisms shall be as established in subsection (3) of
this section.
Section 4. Alternate Criteria for License
Termination.
(1) The cabinet may terminate a
license using alternate criteria greater than the dose criterion established in
Sections 2 and 3(2) or (4)(a)1a of this administrative regulation, if the
licensee:
(a) Submits an analysis of possible
sources of exposure in support of assurance that:
1. Public health and safety continues to be
protected; and
2. It is unlikely
that the dose from manmade sources combined, other than medical, are more than
the 100 mrem/year (1 mSv/y) limit of
902 KAR
100:019, Section 10(1)(a);
(b) Has employed restrictions on site use, to
the extent practical, according to the provisions of Section 3 of this
administrative regulation;
(c)
Reduces doses to ALARA levels, taking into consideration potential detriments
expected to result from decontamination and waste disposal; and
(d) Has submitted a decommissioning or
license termination plan to the cabinet indicating the licensee's intent to
decommission in accordance with Section 14(1) of this administrative
regulation, and specifying that the licensee proposes to decommission by use of
alternate criteria.
1. The licensee shall
document in the plan how the advice of potentially-affected individuals and
institutions in the community has been sought, analyzed, and addressed, as
appropriate.
2. In seeking advice,
the licensee shall provide for:
a.
Participation by representatives of a broad cross section of
potentially-affected community interests;
b. An opportunity for a comprehensive,
collective discussion on the issues by the participants; and
c. A publicly available summary of the
results of discussions, including a description of the participant's viewpoints
and the extent of agreement and disagreement among the
participants.
(2) The use of alternate criteria to
terminate a license requires the approval of the cabinet, after consideration
of recommendations that address comments provided by state and federal agencies
and public comments submitted pursuant to Section 5 of this administrative
regulation.
Section 5.
Public Notification and Public Participation. Upon receipt of a license
termination or decommissioning plan from the licensee, or a proposal by the
licensee for release of a site pursuant to Section 3 or 4 of this
administrative regulation, or if the cabinets determines a notice to be in the
public interest, the cabinet shall:
(1)
Notify and solicit comments from:
(a) Local
and state governments in the vicinity of the site; and
(b) Other state and federal agencies, if the
licensee proposes to release a site pursuant to Section 4 of this
administrative regulation.
(2) Publish a notice to solicit comments from
potentially affected parties. Publication shall be in a medium readily
accessible to individuals in the vicinity of the site, and may be:
(a) Local newspaper;
(b) Letters to state and local organizations;
or
(c) Other appropriate
media.
Section
6. Minimization of Contamination. An applicant for a license or
for an amendment in its entirety shall:
(1)
Describe in the application how facility design and procedures for operation
shall minimize contamination of the facility and the environment to the extent
practicable;
(2) Facilitate
eventual decommissioning; and
(3)
Minimize the generation of radioactive waste, to the extent
practicable.
Section 7.
Criteria Relating to Use of Financial Tests and Parent Company Guarantees for
Providing Reasonable Assurance of Funds for Decommissioning.
(1) An applicant or licensee shall provide
reasonable assurance of the availability of funds for decommissioning based
upon:
(a) Obtaining a parent company to
guarantee the availability of funds for decommissioning costs; and
(b) A demonstration that the parent company
meets financial requirements.
(2) Financial test.
(a) To pass the financial test, the parent
company shall meet one (1) of the following criteria:
1. The parent company shall have:
a. Two (2) of the following three (3) ratios:
(i) A ratio of total liabilities to net worth
less than two (2);
(ii) A ratio of
the sum of net income plus depreciation, depletion, and amortization to total
liabilities greater than one-tenth (0.1); or
(iii) A ratio of current assets to current
liabilities greater than one and five-tenths (1.5);
b. Net working capital and tangible net worth
each at least six (6) times the current decommissioning cost estimates for the
total of facilities or parts of the facilities, or prescribed amount if a
certification is used;
c. Tangible
net worth of at least $10,000,000; and
d. Assets located in the United States
amounting to at least ninety (90) percent of the total assets or at least six
(6) times the current decommissioning cost estimates for the total of
facilities or parts of the facilities, or prescribed amount if a certification
is used; or
2. The parent
company shall have:
a. A current rating for
its most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and
Poor's, or AAA, AA, A, or BAA as issued by Moody's;
b. Tangible net worth each at least six (6)
times the current decommissioning cost estimates for the total of facilities or
parts of the facilities, or prescribed amount if a certification is
used;
c. Tangible net worth of at
least $10,000,000; and
d. Assets
located in the United States amounting to at least ninety (90) percent of the
total assets or at least six (6) times the current decommissioning cost
estimates for the total of facilities or parts of the facilities, or prescribed
amount if a certification is used; or
(b) The parent company's independent
certified public accountant shall compare the data used by the parent company
in the financial test, which shall be derived from the independently audited,
year-end financial statements for the latest fiscal year, with the amounts in
the financial statement. The licensee shall inform the cabinet, within ninety
(90) days, of matters coming to the auditor's attention that cause the auditor
to believe that:
1. The data specified in the
financial test requires adjustment; and
2. The company no longer passes the
test.
(c)
1. After the initial financial test, the
parent company shall repeat the passage of the test within ninety (90) days
after the close of each succeeding fiscal year.
2.
a. If the
parent company no longer meets the requirements of subsection (2)(a) of this
section, the licensee shall notify the cabinet of its intent to establish
alternate financial assurance.
b.
The notice shall be sent by certified mail within ninety (90) days after the
end of the fiscal year for which the year-end financial data show that the
parent company no longer meets the financial test requirements.
c. The licensee shall provide alternate
financial assurance within 120 days after the end of a fiscal year.
(3) Parent
company guarantee. The terms of a parent company guarantee that an applicant or
licensee obtains shall provide that:
(a) The
parent company guarantee shall remain in force unless the guarantor notifies
the licensee and the cabinet, by certified mail, return receipt requested, of
cancellation. Cancellation shall not occur during the 120 days beginning on the
date of receipt of the notice of cancellation as evidenced by the return
receipts.
(b) If the licensee fails
to provide sufficient alternate financial assurance within ninety (90) days
after receipt by the licensee and cabinet of a notice of cancellation of the
parent company guarantee from the guarantor, the guarantor shall provide an
alternative financial assurance in the name of the licensee.
(c) The parent company guarantee and
financial test provisions shall remain in effect until the cabinet has
terminated the license.
(d) If a
trust is established for decommissioning costs, the trustee and trust shall be
acceptable to the cabinet. An acceptable trustee shall include an appropriate
state or federal government agency or an entity that has the authority to act
as a trustee and whose trust operations are regulated and examined by a federal
or state agency.
Section
8. Criteria Relating to Use of Financial Tests and Self-guarantees
for Providing Reasonable Assurance of Funds for Decommissioning.
(1) An applicant or licensee may provide
reasonable assurance of the availability of funds for decommissioning based
upon:
(a) Furnishing its own guarantee of
funds available for decommissioning costs pursuant to subsection (3) of this
section; and
(b) A demonstration
that the company passes the financial test established in subsection (2) of
this section.
(2)
Financial test.
(a) To pass the financial
test, a company shall meet the following criteria:
1. Tangible net worth shall be at least ten
(10) times the total current decommissioning cost estimate for the total of
facilities or parts of the facilities or the current amount required if
certification is used.
2. Assets
located in the United States shall amount to at least ninety (90) percent of
total assets or at least ten (10) times the total current decommissioning cost
estimate for the total of facilities or parts of the facilities or the current
amount required if certification is used.
3. A current rating for its most recent bond
issuance of AAA, AA, or A as issued by Standard and Poor's, or Aaa, Aa, or A as
issued by Moody's.
(b)
To pass the financial test, a company shall meet the following additional
requirements:
1. The company shall have at
least one (1) class of equity securities registered pursuant to 15 U.S.C.
2B.
2. The company's independent
certified public accountant shall compare the data used by the company in the
financial test, which shall be derived from the independently audited, year-end
financial statements for the latest fiscal year, with the amounts in the
financial statement. The licensee shall inform the cabinet, within ninety (90)
days, of matters coming to the attention of the auditor that cause the auditor
to believe that:
a. The data specified in the
financial test requires adjustment; and
b. The company no longer passes the
test.
3. After the
initial financial test, the company shall repeat passage of the test within
ninety (90) days after the close of each succeeding fiscal year.
(c) If the licensee no longer
meets the requirements of paragraph (a) of this subsection, the licensee shall
notify the cabinet immediately of the licensee's intent to establish alternate
financial assurance within 120 days of the notice.
(3) Company self-guarantee. The terms of a
self-guarantee that an applicant or licensee furnishes shall provide that:
(a) The guarantee shall remain in force
unless the licensee sends notice of cancellation by certified mail, return
receipt requested, to the cabinet. Cancellation shall not occur during the 120
days beginning on the date of receipt of the notice of cancellation by the
cabinet, as evidenced by the return receipt.
(b) The licensee shall provide alternative
financial assurance as specified in 902 KAR Chapter 100 within ninety (90) days
following receipt by the cabinet of a notice of cancellation of the
guarantee.
(c) The guarantee and
financial test provisions shall remain in effect until the cabinet has
terminated the license or until another financial assurance method acceptable
to the cabinet has been put into effect by the licensee.
(d) The licensee shall promptly forward to
the cabinet and the licensee's independent auditor the reports covering the
latest fiscal year filed by the licensee with the Securities and Exchange
Commission pursuant to the requirements of
15 U.S.C.
78m.
(e) If the licensee's most recent bond
issuance ceases to be rated "A" or above by either Standard and Poor's or
Moody's, the licensee shall notify to the cabinet, in writing, within twenty
(20) days after publication of the change by the rating service. If the
licensee's most recent bond issuance ceases to be rated "A" or above by both
Standard and Poor's and Moody's, the licensee shall no longer meet the
requirements of subsection (2)(a) of this section.
(f) An applicant or licensee shall provide to
the cabinet a written commitment by a corporate officer stating that the
licensee shall fund and carry out the required decommissioning activities or,
upon issuance of an order by the cabinet, the licensee shall set up and fund a
trust in the amount of the current cost estimates for
decommissioning.
Section
9. Criteria Relating To Use of Financial Tests and Self-guarantee
for Providing Reasonable Assurance of Funds for Decommissioning by Commercial
Companies that Have No Outstanding Rated Bonds.
(1) An applicant or licensee may provide
reasonable assurance of the availability of funds for decommissioning based
upon:
(a) Furnishing its own guarantee of the
availability of funds for decommissioning costs pursuant to subsection (3) of
this section; and
(b) A
demonstration that the company passes the financial test established in
subsection (2) of this section.
(2) Financial test.
(a) To pass the financial test a company
shall meet the following criteria:
1. Tangible
net worth greater than $10,000,000, or at least ten (10) times the total
current decommissioning cost estimate, or the current amount required if
certification is used, whichever is greater, for decommissioning activities for
which the company is responsible as self-guaranteeing licensee and as
parent-guarantor.
2. Assets located
in the United States amounting to at least ninety (90) percent of total assets
or at least ten (10) times the total current decommissioning cost estimate, or
the current amount required if certification is used for decommissioning
activities for which the company is responsible as self-guaranteeing licensee
and as parent-guarantor.
3. A ratio
of cash flow divided by total liabilities greater than 0.15 and a ratio of
total liabilities divided by net worth less than one and five-tenths
(1.5).
(b) A company
shall also meet the following financial requirements:
1. The company's independent certified public
accountant shall compare the data used by the company in the financial test,
which shall be derived from the independently audited year-end financial
statement based on United States generally accepted accounting practices, for
the latest fiscal year with the amounts in the financial statement. The
licensee shall inform the cabinet within ninety (90) days of matters that cause
the auditor to believe that:
a. The data
specified in the financial test requires adjustment; and
b. The company no longer passes the
test.
2. After the
initial financial test, the company shall repeat passage of the test within
ninety (90) days after the close of each succeeding fiscal year.
3.
a. If the
licensee no longer meets the requirements of paragraph (a) of this subsection,
the licensee shall notify the cabinet of intent to establish alternative
financial assurance.
b. The notice
shall be sent by certified mail, return receipt requested, within ninety (90)
days after the end of the fiscal year for which the year-end financial data
show that the licensee no longer meets the financial test
requirements.
c. The licensee shall
provide alternative financial assurance within 120 days after the end of the
fiscal year.
(3) Company self-guarantee. The terms of a
self-guarantee which an applicant or licensee furnishes shall provide that:
(a) The guarantee shall remain in force
unless the licensee sends notice of cancellation by certified mail, return
receipt requested, to the cabinet. Cancellation shall not occur until an
alternative financial assurance mechanism is in place;
(b) The licensee shall provide alternative
financial assurance, as specified in this administrative regulation, within
ninety (90) days following receipt by the cabinet of a notice of cancellation
of the guarantee;
(c) The guarantee
and financial test provisions shall remain in effect until the cabinet has
terminated the license or until another financial assurance method acceptable
to the cabinet has been put into effect by the licensee; and
(d) An applicant or licensee shall provide to
the cabinet a written commitment by a corporate officer stating that the
licensee shall fund and carry out the required decommissioning activities or,
upon issuance of an order by the cabinet, the licensee shall set up and fund a
trust in the amount of the current cost estimates for
decommissioning.
Section
10. Criteria Relating to Use of Financial Tests and Self-guarantee
for Providing Reasonable Assurance of Funds for Decommissioning by Nonprofit
Colleges, Universities, and Hospitals.
(1) An
applicant or licensee may provide reasonable assurance of the availability of
funds for decommissioning based upon:
(a)
Furnishing its own guarantee of the availability of funds for decommissioning
costs; and
(b) A demonstration that
the applicant or licensee passes the financial test established in subsection
(2) of this section.
(2)
Financial test.
(a) A college or university
shall meet either of the following criteria:
1. For an applicant or licensee that issues
bonds, a current rating for its most recent uninsured, uncollateralized, and
unencumbered bond issuance of AAA, AA, or A as issued by Standard and Poor's,
or Aaa, Aa, or A as issued by Moody's; or
2. For an applicant or licensee that does not
issue bonds, unrestricted endowment consisting of assets located in the United
States of at least $50,000,000, or at least thirty (30) times the total current
decommissioning cost estimate, or the current amount required if certification
is used, whichever is greater, for decommissioning activities for which the
college or university is responsible as a self-guaranteeing licensee.
(b) A hospital shall meet the
following criteria:
1. For an applicant or
licensee that issues bonds, a current rating for its most recent uninsured,
uncollateralized, and unencumbered bond issuance of AAA, AA, or A as issued by
Standard and Poor's, or Aaa, Aa, or A as issued by Moody's; or
2. For an applicant or licensee that does not
issue bonds:
a. The result of total revenues
minus total expenditures divided by total revenues shall be equal to or greater
than 0.04;
b. Long term debt
divided by net fixed assets shall be less than or equal to 0.67;
c. The sum of current assets plus
depreciation funds, divided by current liabilities, shall be greater than or
equal to 2.55; and d. Operating revenues shall be at least 100 times the total
current decommissioning cost estimate, or the current amount required if
certification is used, for decommissioning activities for which the hospital is
responsible as a self-guaranteeing license.
(c) A licensee shall meet the requirements
established in subparagraphs 1. through 3. of this paragraph.
1. A licensee's independent certified public
accountant shall compare the data used by the licensee in the financial test,
which shall be derived from the independently audited year-end financial
statements, based on United States generally accepted accounting practices, for
the latest fiscal year, with the amounts in the financial statement. The
licensee shall inform the cabinet, within ninety (90) days, of matters coming
to the attention of the auditor that cause the auditor to believe that:
a. The data specified in the financial test
requires adjustment; and
b. The
licensee no longer passes the test.
2. After the initial financial test, a
licensee shall repeat passage of the test within ninety (90) days after the
close of each succeeding fiscal year.
3. If a licensee no longer meets the
requirements of subsection (1) of this section, the licensee shall notify the
cabinet of its intent to establish alternative financial assurance. The notice
shall be sent by certified mail, return receipt requested, within ninety (90)
days after the end of the fiscal year for which the year-end financial data
show that the licensee no longer meets the financial test requirements. The
licensee shall provide alternate financial assurance within 120 days after the
end of the fiscal year.
(3) Self-guarantee. The terms of a
self-guarantee that an applicant or licensee furnishes shall provide that:
(a) The guarantee shall remain in force
unless the licensee sends notice of cancellation by certified mail, return
receipt requested, to the cabinet. Cancellation shall not occur unless an
alternative financial assurance mechanism is in place.
(b) The licensee shall provide alternative
financial assurance, as specified in this administrative regulation, within
ninety (90) days following receipt by the cabinet of a notice of cancellation
of the guarantee.
(c) The guarantee
and financial test provisions shall remain in effect until the cabinet has
terminated the license or until another financial assurance method acceptable
to the cabinet has been put into effect by the licensee.
(d) An applicant or licensee shall provide to
the cabinet a written commitment by a corporate officer or officer of the
institution stating that the licensee shall:
1. Fund and carry out the required
decommissioning activities; or
2.
Upon issuance of an order by the cabinet, set up and fund a trust in the amount
of current cost estimates for decommissioning.
(e) If the licensee's most recent bond
issuance ceases to be rated "A" or above by either Standard and Poor's or
Moody's, the licensee shall notify the cabinet, in writing, within twenty (20)
days after publication of the change by the rating service.
Section 11. Financial
Assurance and Recordkeeping for Decommissioning for Radioactive Material.
(1)
(a) An
applicant for a specific license authorizing the possession and use of unsealed
radioactive material of half-life greater than 120 days and in quantities
exceeding 105times the applicable quantities in
Section 16 of this administrative regulation shall submit a decommissioning
funding plan as established in Section 15(1) of this administrative
regulation.
(b) A decommissioning
funding plan shall also be submitted if a combination of isotopes is involved,
and if R divided by 105 is greater than one (1)
(known as the "unity rule"), where R is defined as the sum of the ratios of the
quantity of an isotope to the applicable value in Section 16 of this
administrative regulation.
(c) A
holder of, or applicant for, a specific license authorizing the possession and
use of sealed sources or plated foils of half-life greater than 120 days and in
quantities exceeding 1012 times the applicable
quantities in Section 16, or if a combination of isotopes is involved if R,
divided by 1012 is greater than one (1) (known as
the "unity rule"), where R is defined as the sum or the ratios of the quantity
of an isotope to the applicable value in Section 16 of this administrative
regulation, shall submit a decommissioning funding plan as described in Section
15(1) of this administrative regulation.
(2) An applicant for a specific license
authorizing possession and use of radioactive material of half-life greater
than 120 days and in quantities specified in subsection (4) of this section
shall:
(a) Submit a decommissioning funding
plan as established in Section 15(1) of this administrative regulation;
or
(b) Submit a certification that
financial assurance for decommissioning has been provided in the amount
established by subsection (4) of this section, using one (1) of the methods
established in Section 15 of this administrative regulation. For an applicant,
the certification may state that the appropriate assurance shall be obtained
after the application has been approved and the license issued, but before the
receipt of licensed material. If an applicant defers execution of the financial
instrument until after the license has been issued, a signed original of the
financial instrument obtained to satisfy the requirements of Section 15 of this
administrative regulation shall be submitted to the cabinet before receipt of
licensed material. If an applicant does not defer execution of the financial
instrument, the applicant shall submit to the cabinet, as part of the
certification, a signed original of the financial instrument obtained to
satisfy the requirements of Section 15 of this administrative
regulation.
(3)
(a) A holder of a specific license of a type
described in subsection (1) or (2) of this section, shall provide financial
assurance for decommissioning in accordance with the criteria established in
this section.
(b) A holder of a
specific license of a type described in subsection (1) of this section shall
submit a decommissioning funding plan as established in Section 15(1) of this
administrative regulation or a certification of financial assurance for
decommissioning in an amount at least equal to $1,125,000 in accordance with
the criteria established in this section. If a licensee submits a certification
of financial assurance rather than a decommissioning funding plan, the licensee
shall include a decommissioning funding plan in an application for license
renewal.
(c) A holder of a specific
license of a type described in subsection (2) of this section shall submit a
decommissioning funding plan as described in Section 15 of this administrative
regulation, or a certification of financial assurance for decommissioning in
accordance with the criteria established in this section.
(d) A waste collector or waste processor, as
defined in
902 KAR
100:010, shall provide financial assurance in an
amount based on a decommissioning funding plan as established in Section 15 of
this administrative regulation. The decommissioning funding plan shall include
the cost of disposal of the maximum amount (curies) of radioactive material
permitted by the license, and the cost of disposal of the maximum quantity, by
volume, of radioactive material that could be present at the licensee's
facility at any time, in addition to the cost to remediate the licensee's site
to meet the license termination criteria of
902 KAR
100:019. The decommissioning funding plan shall be
submitted by December 3, 2006.
(4) The following is a list of required
amounts of financial assurance for decommissioning, listed by quantity of
radioactive material:
(a) Greater than
104 but less than or equal to
105 times the applicable quantities established in
Section 16 of this administrative regulation, in unsealed form. For a
combination of isotopes, if R, as defined in subsection (1) of this section,
divided by 104 is greater than one (1) but R divided
by 105 is less than or equal to one (1), the amount
shall be $1,125,000.
(b) Greater
than 103 but less than or equal to
104 times the applicable quantities established in
Section 16 of this administrative regulation, in unsealed form. For a
combination of isotopes, if R, as defined in subsection (1) of this section,
divided by 103 is greater than one (1) but R divided
by 104 is less than or equal to one (1), the amount
shall be $225,000.
(c) Greater than
1010 but less than or equal to
1012 times the applicable quantities established in
Section 16 of this administrative regulation, in sealed sources or plated
foils. For a combination of isotopes, if R, as defined in subsection (1) of
this section, divided by 1010 is greater than one
(1), the amount shall be $113,000.
(d)
1. A
licensee required to submit the $1,125,000 amount shall do so by June 30,
2010.
2. A licensee required to
submit the $113,000 or $225,000 amount shall do so by June 30, 2010.
3. A licensee having possession limits
exceeding the upper bounds of this list shall base financial assurance on a
decommissioning funding plan.
Section 12. Financial Assurance and
Recordkeeping for Decommissioning for Source Material. Criteria for providing
financial assurance for decommissioning, except for licenses authorizing the
receipt, possession, and use of source material for uranium or thorium milling,
or radioactive material at sites formerly associated with such milling, shall
be as established in subsections (1) and (2) of this section.
(1) An applicant for a specific license
authorizing the possession and use of more than 100 millicuries (mCi) of source
material in a readily dispersible form shall submit a decommissioning funding
plan as described in Section 15(1) of this administrative regulation.
(2) An applicant for a specific license
authorizing possession and use of quantities of source material greater than
ten (10) millicuries (mCi) but less than or equal to 100 millicuries (mCi) in a
readily dispersible form shall submit:
(a) A
decommissioning funding plan as established in Section 15(1) of this
administrative regulation; or
(b) A
certification that financial assurance for decommissioning has been provided in
the amount of $225,000 using one (1) of the methods described in Section 15 of
this administrative regulation.
1. The
certification may state that the appropriate assurance shall be obtained after
the application has been approved and the license issued, but before the
receipt of licensed material.
2. If
an applicant defers execution of the financial instrument until after the
license has been issued, a signed original of the financial instrument obtained
to satisfy the requirements of Section 15 of this administrative regulation
shall be submitted to the cabinet prior to receipt of licensed
material.
3. If an applicant does
not defer execution of the financial instrument, the applicant shall submit to
the cabinet, as part of the certification, a signed original of the financial
instrument obtained to satisfy the requirements of Section 15 of this
administrative regulation.
(c)
1. A
holder of a specific license covered by subsection (1) of this section or by
this subsection, shall provide financial assurance for decommissioning in
accordance with the criteria established in this section.
2. A holder of a specific license of a type
described in subsection (1) of this section shall submit a decommissioning
funding plan as established in Section 15(1) of this administrative regulation,
or a certification of financial assurance for decommissioning in an amount at
least equal to $1,125,000, in accordance with the criteria in this section. If
the licensee submits the certification of financial assurance rather than a
decommissioning funding plan, the licensee shall include a decommissioning
funding plan in an application for license renewal.
3. A holder of a specific license of a type
established in this subsection shall submit a decommissioning funding plan, as
described in Section 15(1) of this administrative regulation, or a
certification of financial assurance for decommissioning in accordance with the
criteria established in this section.
Section 13. Financial Assurance
and Recordkeeping for Decommissioning for Special Nuclear Material.
(1)
(a) An
applicant for a specific license of the type authorizing the possession and use
of unsealed nuclear material in quantities exceeding
105 times the applicable quantity established in
Section 16 of this administrative regulation shall submit a decommissioning
funding plan as established in Section 15(1) of this administrative
regulation.
(b) A decommissioning
funding plan shall be submitted if a combination of isotopes is involved, and
if R divided by 105 is greater than one (1) (known
as the "unity rule"), where R is the sum of the ratios of the quantity of each
isotope to the applicable value in Section 16 of this administrative
regulation.
(2) An
applicant for a specific license authorizing possession and use of unsealed
special nuclear material in quantities specified in subsection (4) of this
section, shall submit:
(a) A decommissioning
funding plan as described in Section 15(1) of this administrative regulation;
or
(b) A certification that
financial assurance for decommissioning has been provided in an amount
established in subsection (4) of this section, using one (1) of the methods
established in Section 15 of this administrative regulation.
1. The certification may state that the
appropriate assurance shall be obtained after the application has been approved
and the license issued, but before the receipt of licensed material.
2. If an applicant defers execution of the
financial instrument until after the license has been issued, a signed original
of the financial instrument obtained to satisfy the requirements of Section 15
of this administrative regulation shall be submitted to the cabinet before
receipt of licensed material.
3. If
an applicant does not defer execution of the financial instrument, the
applicant shall submit to the cabinet, as part of the certification, a signed
original of the financial instrument obtained to satisfy the requirements of
Section 15 of this administrative regulation.
(3)
(a) A
holder of a specific license that is of a type established in subsection (1) of
this section, shall provide financial assurance for decommissioning in
accordance with the criteria established in this section.
(b) A holder of a specific license of a type
established in subsection (1) of this section shall submit a decommissioning
funding plan as established in Section 15(1) of this administrative regulation,
or a certification of financial assurance for decommissioning in an amount at
least equal to $1,125,000, in accordance with the criteria established in this
section. If the licensee submits the certification of financial assurance
rather than a decommissioning funding plan, the licensee shall include a
decommissioning funding plan in an application for license renewal.
(c) Each holder of a specific license of a
type established in subsection (1) of this section shall submit:
1. A decommissioning funding plan,
established in Section 15(1) of this administrative regulation; or
2. A certification of financial assurance for
decommissioning, in accordance with the criteria established in this
section.
(4)
Required amounts of financial assurance for decommissioning, listed by quantity
of material:
(a) Greater than
104 but less than or equal to
105 times the applicable quantities established in
Section 16 of this administrative regulation. For a combination of isotopes, if
R, as defined in subsection (1) of this section, divided by
104 is greater than one (1) but R divided by
105 is less than or equal to one (1), the amount
shall be $1,125,000.
(b) Greater
than 103 but less than or equal to
104 times the applicable quantities established in
Section 16 of this administrative regulation. For a combination of isotopes, if
R, as defined in subsection (1) of this section, divided by
103 is greater than one (1) but R divided by
104 is less than or equal to one (1), the amount
shall be $225,000.
(c) A licensee
having possession limits exceeding the upper bounds of this section shall base
financial assurance on a decommissioning funding plan.
Section 14. Expiration and
Termination of Licenses and Decommissioning of Sites and Separate Buildings or
Outdoor Areas.
(1) Within sixty (60) days of
the occurrence one (1) of the following events, a licensee shall notify the
cabinet in writing and shall either begin decommissioning the licensee's site,
separate building, or outdoor area containing residual radioactivity, so that
the building or outdoor area is suitable for release in accordance with cabinet
requirements established in this administrative regulation, or shall submit
within twelve (12) months of notification a decommissioning plan, if required
by subsection (4)(a) of this section, and shall begin decommissioning upon
approval of that plan if:
(a) The license has
expired pursuant to
902 KAR
100:040, Section 7;
(b) The licensee has decided to permanently
cease principal activities, as established in this section, at the entire site,
in a separate building or outdoor area that contains residual radioactivity, so
that the building or outdoor area is unsuitable for release in accordance with
cabinet requirements established in this administrative regulation;
(c) Principal activities under the license
have not been conducted for a period of twenty-four (24) months; or
(d) Principal activities have not been
conducted for a period of twenty-four (24) months in a separate building or
outdoor area that contains residual radioactivity, so that the building or
outdoor area is unsuitable for release in accordance with cabinet
requirements.
(2)
Coincident with the notification required by subsection (1) of this section,
the licensee shall maintain in effect all decommissioning financial assurances
established by the licensee pursuant to Sections 11, 12, and 13 of this
administrative regulation in conjunction with a license issuance or renewal or
as required by this section. The amount of the financial assurance shall be
increased or decreased, as appropriate, to cover the detailed cost estimate for
decommissioning established pursuant to subsection (4)(d)5 of this section.
(a) A licensee who has not provided financial
assurance to cover the detailed cost estimate submitted with the
decommissioning plan shall do so within one year (1) after the effective date
of this administrative regulation.
(b) Following approval of the decommissioning
plan, and with cabinet approval, a licensee may reduce the amount of the
financial assurance as decommissioning proceeds and radiological contamination
is reduced at the site.
(3)
(a) The
cabinet may grant a request to extend the time periods established in this
section if the cabinet determines that an extension is not detrimental to
public health or safety and is in the public interest.
(b) The request shall be submitted at least
thirty (30) days before the notification required by subsection (1) of this
section.
(c) The schedule for
decommissioning established in subsection (1) of this section shall not
commence until the cabinet has made a determination on the request.
(4)
(a) A decommissioning plan shall be submitted
if required by a license condition or if the procedures and activities
necessary to carry out decommissioning of the site, a separate building, or
outdoor area have not been approved by the cabinet previously, and the
decommissioning procedures may increase potential risk to the health or safety
of workers or to the public, as in:
1.
Procedures involving techniques not applied routinely during cleanup or
maintenance operations;
2. Workers
entering areas not normally occupied where surface contamination and radiation
levels are significantly higher than routinely encountered during
operation;
3. Procedures
potentially resulting in significantly greater airborne concentrations of
radioactive materials than are present during operation; or
4. Procedures potentially resulting in
significantly greater releases of radioactive material to the environment than
those associated with operation.
(b) The cabinet may approve an alternate
schedule for submittal of a decommissioning plan required pursuant to
subsection (1) of this section if the cabinet determines that the alternative
schedule is necessary to the effective conduct of decommissioning operations
and presents no undue risk from radiation to public health or safety, and is in
the public interest.
(c) A
procedure with a potential health or safety impact, including a procedure
listed in paragraph (a) of this subsection, shall not be carried out prior to
approval of the decommissioning plan.
(d) A proposed decommissioning plan for a
site, separate building, or outdoor area shall include:
1. A description of the conditions of the
site, separate building, or outdoor area sufficient to evaluate the
acceptability of the plan;
2. A
description of planned decommissioning activities;
3. A description of methods used to ensure
protection of workers and the environment against radiation hazards during
decommissioning;
4. A description
of the planned final radiation survey;
5. An updated detailed cost estimate for
decommissioning, comparison of that estimate with present funds set aside for
decommissioning, and a plan for assuring the availability of adequate funds for
completion of decommissioning; and
6. For decommissioning plans calling for
completion of decommissioning later than twenty-four (24) months after plan
approval, a justification for the delay based on the criteria in subsection (6)
of this section.
(e) The
proposed decommissioning plan shall be approved by the cabinet if the
information demonstrates completion as soon as practicable and adequate
protection for the health and safety of workers and the public.
(5)
(a) A licensee shall complete decommissioning
of the site, separate building, or outdoor area as soon as practicable, but
within twenty-four (24) months following the initiation of decommissioning,
except as provided in subsection (6) of this section.
(b) If decommissioning involves the entire
site, the licensee shall request license termination as soon as practicable,
but within twenty-four (24) months following the initiation of decommissioning,
except as provided in subsection (6) of this section.
(6) The cabinet shall approve a request for
an alternative schedule for completion of decommissioning of the site, separate
building, or outdoor area, and license termination if appropriate, if the
cabinet determines that the alternative is warranted by consideration of:
(a) If it is technically feasible to complete
decommissioning within the allotted twenty-four (24) month period;
(b) If sufficient waste disposal capacity is
available to allow completion of decommissioning within the allotted
twenty-four (24) month period;
(c)
If a significant volume reduction in wastes requiring disposal can be achieved
by allowing short-lived radionuclides to decay;
(d) If a significant reduction in radiation
exposure to workers can be achieved by allowing short-lived radionuclides to
decay; and
(e) Other site-specific
factors, such as the regulatory requirements of other government agencies,
lawsuits, groundwater treatment activities, monitored natural groundwater
restoration, actions that may result in more environmental harm than deferred
cleanup, and other factors beyond the control of the licensee.
(7) As the final step in
decommissioning, the licensee shall:
(a)
Certify the disposition of all licensed material, including accumulated wastes,
by submitting a completed cabinet Form RPS-10, incorporated by reference in
902 KAR
100:040, or equivalent information; and
(b) Conduct a radiation survey of the
premises where the licensed activities were carried out and submit a report of
the results of this survey, unless the licensee demonstrates in some other
manner that the premises are suitable for release in accordance with the
criteria for decommissioning established in Sections 1 through 6 of this
administrative regulation. The licensee shall, as appropriate:
1. Report levels:
a. Of gamma radiation in units of
microroentgen (nR) (millisieverts, mSv) per hour at one (1) meter from
surfaces;
b. Of radioactivity,
including alpha and beta, in units of disintegrations per minute, micro-curies
(megabecquerels) per 100 square centimeters removable and fixed radiation for
surfaces;
c. Microcuries
(megabecquerels) per milliliter for water; and d. Picocuries (Becquerels) per
gram for solids such as soils or concrete; and
2. Specify the survey instruments used and
certify that each instrument is properly calibrated and tested.
(8) Specific licenses,
including expired licenses, shall be terminated by written notice to the
licensee if the cabinet determines that:
(a)
1. Radioactive material has been properly
disposed of;
2. Reasonable effort
has been made to eliminate residual radioactive contamination, if present;
and
3.
a. A radiation survey has been performed that
demonstrates that the premises are suitable for release in accordance with the
criteria for decommissioning established in Sections 1 through 6 of this
administrative regulation; or
b.
Other information submitted by the licensee is sufficient to demonstrate that
the premises are suitable for release in accordance with the criteria for
decommissioning established in Sections 1 through 6 of this administrative
regulation; or
(b) Records required by
902 KAR
100:040, Section 7(3)(e), and Section 15(3) of this
administrative regulation have been received.
Section 15. Financial Assurance Methods.
(1) A decommissioning funding plan shall
contain a cost estimate for decommissioning and a description of the method of
assuring funds for decommissioning from subsection (2) of this section,
including means for adjusting cost estimates and associated funding levels
periodically over the life of the facility. Cost estimates shall be adjusted at
intervals not to exceed three (3) years. The decommissioning funding plan shall
also contain:
(a) A certification by the
licensee that financial assurance for decommissioning has been provided in the
amount of the cost estimate for decommissioning; and
(b) A signed original of the financial
instrument obtained to satisfy the requirements of subsection (2) of this
section.
(2) Financial
assurance for decommissioning shall be provided by one (1) or more of the
following methods:
(a) A prepayment deposited
prior to the start of operation into an account segregated from licensee assets
and outside the licensee's administrative control of cash or liquid assets so
that the amount of funds may be sufficient to pay decommissioning costs.
Prepayment shall be in the form of a trust, escrow account, government fund,
certificate of deposit, or deposit of government securities.
(b) A surety method, insurance, or other
guarantee method.
1. These methods guarantee
that decommissioning costs shall be paid.
2. A surety method shall be in the form of a
surety bond, letter of credit, or line of credit.
3. A parent company guarantee of funds for
decommissioning costs based on a financial test may be used if the guarantee
and test are as contained in Section 7 of this administrative
regulation.
4. A parent company
guarantee shall not be used in combination with another financial method to
satisfy the requirements of this section.
5. For commercial corporations that issue
bonds, a guarantee of funds by the applicant or licensee for decommissioning
costs based on a financial test may be used. If used, the guarantee and test
shall be in accordance with Section 8 of this administrative
regulation.
6. For commercial
companies that do not issue bonds, a guarantee of funds by the applicant or
licensee for decommissioning costs may be used if the guarantee and test are in
accordance with Section 9 of this administrative regulation.
7. For nonprofit entities, such as colleges,
universities, and nonprofit hospitals, a guarantee of funds by the applicant or
licensee may be used if the guarantee and test are in accordance with Section
10 of this administrative regulation.
8. A guarantee by the applicant or licensee
shall not be used in combination with another financial method used to satisfy
the requirements of this section, or in a situation in which the applicant or
licensee has a parent company holding majority control of the voting stock of
the company.
9. A surety method, or
insurance used to provide financial assurance for decommissioning, shall
contain the following conditions:
a. The
surety method or insurance shall be open-ended or, if written for a specified
term, shall be renewed automatically unless the issuer notifies the cabinet,
the beneficiary, and the licensee at least ninety (90) days prior to the
renewal date of its intention not to renew. The surety method or insurance
shall provide that the full face amount be paid to the beneficiary
automatically, prior to expiration, without proof of forfeiture, if the
licensee fails to provide a replacement acceptable to the cabinet within thirty
(30) days after receipt of notification of cancellation.
b. The surety method or insurance shall be
payable to a trust established for decommissioning costs. The trustee and trust
shall be acceptable to the cabinet. An acceptable trustee shall include an
appropriate state or federal government agency or an entity that has the
authority to act as a trustee, and whose trust operations are regulated and
examined by a federal or state agency.
c. The surety method or insurance shall
remain in effect until the cabinet has terminated the license.
(c) An external sinking
fund in which deposits are made at least annually, coupled with a surety method
or insurance, the value of which may decrease by the amount being accumulated
in the sinking fund.
1. An external sinking
fund shall be a fund established and maintained by setting aside funds
periodically in an account segregated from licensee assets and outside the
licensee's administrative control, in which the total amount of funds may be
sufficient to pay decommissioning costs at the time termination of operation is
expected.
2. An external sinking
fund shall be in the form of a trust, escrow account, government fund,
certificate of deposit, or deposit of government securities.
3. The surety or insurance provisions shall
be as stated in subsection (2)(b) of this section.
(d) For a federal, state, or local government
licensee, a statement of intent containing a cost estimate for decommissioning
or an amount based on the tables in Sections 11, 12, and 13 of this
administrative regulation and indicating that funds for decommissioning shall
be obtained as necessary.
(e) If a
governmental entity is assuming custody and ownership of a site, an arrangement
that is deemed acceptable by the governmental entity.
(3)
(a) Each
person licensed pursuant to
902 KAR
100:040 shall keep records of information pertinent to
the decommissioning of a facility in an identified location until the site is
released for unrestricted use.
(b)
Before licensed activities shall be transferred or assigned in accordance with
902 KAR
100:040, Section 6, a licensee shall transfer the
records established in this subsection to the new licensee.
(c) The new licensee shall be responsible for
maintaining these records until the license is terminated.
(d) If records pertinent to the
decommissioning of a facility are kept for other purposes, reference to the
records and their locations shall be used.
(e) Information the cabinet considers
pertinent to decommissioning shall consist of:
1. Records of spills or other unusual
occurrences involving the spread of contamination in and around the facility,
equipment, or site.
a. The records may be
limited to instances in which contamination remains after a cleanup procedure
or if there is reasonable likelihood that contaminants may have spread to
inaccessible areas as in the case of possible seepage into porous materials
such as concrete.
b. The records
shall include all known information on identification of involved nuclides,
quantities, forms, and concentrations.
2. As-built drawings and modifications of
structures and equipment in restricted areas where radioactive materials are
used, or stored, and of locations of possible inaccessible contamination, such
as buried pipes, which may be subject to contamination.
a. If required drawings are referenced, each
relevant document need not be indexed individually.
b. If drawings are not available, the
licensee shall substitute appropriate records of available information
concerning these areas and locations.
3. A list contained in a single document and
updated every two (2) years, except for areas containing only sealed sources,
if the sources have not leaked or no contamination remains after a leak, or
radioactive materials having half-lives of less than sixty-five (65) days, or
depleted uranium used only for shielding or as penetrators in unused munitions:
a. Areas designated and formerly designated
restricted areas as defined in
902 KAR
100:010, Section 1. For requirements prior to January
26, 1994, see
902 KAR
100:010, Section 1 contained in the 1990 edition of
902 KAR Chapter 100;
b. Areas
outside of restricted areas that require documentation under subsection (3) of
this section;
c. Areas outside of
restricted areas where current and previous wastes have been buried as
documented under
902 KAR
100:021, Section 11; and d. Areas outside of
restricted areas that contain material so that, if the license expired, the
licensee shall be required to either decontaminate the area to meet the
criteria for decommissioning in this administrative regulation or to apply for
approval for disposal under
902 KAR
100:021, Section 2.
4. Records of the cost estimate performed for
the decommissioning funding plan or of the amount certified for
decommissioning, and records of the funding method used for assuring funds if
either a funding plan or certification is used.
Section 16. Quantities1 of
Licensed Material.
Materials
|
Microcuries
|
Americium-241
|
.01
|
Antimony-122
|
100
|
Antimony-124
|
10
|
Antimony-125
|
10
|
Arsenic-73
|
100
|
Arsenic-74
|
10
|
Arsenic-76
|
10
|
Arsenic-77
|
100
|
Barium-131
|
10
|
Barium-133
|
10
|
Barium-140
|
10
|
Bismuth-210
|
1
|
Bromine-82
|
10
|
Cadmium-109
|
10
|
Cadmium-115m
|
10
|
Cadmium-115
|
100
|
Calcium-45
|
10
|
Calcium-47
|
10
|
Carbon-14
|
100
|
Cerium-141
|
100
|
Cerium-143
|
100
|
Cerium-144
|
1
|
Cesium-131
|
1,000
|
Cesium-134m
|
100
|
Cesium-134
|
1
|
Cesium-135
|
10
|
Cesium-136
|
10
|
Cesium-137
|
10
|
Chlorine-36
|
10
|
Chlorine-38
|
10
|
Chromium-51
|
1,000
|
Cobalt-58m
|
10
|
Cobalt-58
|
10
|
Cobalt-60
|
1
|
Copper-64
|
100
|
Dysprosium-165
|
10
|
Dysprosium-166
|
100
|
Erbium-169
|
100
|
Erbium-171
|
100
|
Europium-152 9.2h
|
100
|
Europium-152 13 yr
|
1
|
Europium-154
|
1
|
Europium-155
|
10
|
Fluorine-18
|
1,000
|
Gadolinium-153
|
10
|
Gadolinium-159
|
100
|
Gallium-72
|
10
|
Germanium-71
|
100
|
Gold-198
|
100
|
Gold-199
|
100
|
Hafnium-181
|
10
|
Holmium-166
|
100
|
Hydrogen-3
|
1,000
|
lndium-113m
|
100
|
lndium-114m
|
10
|
lndium-115m
|
100
|
lndium-115
|
10
|
lodine-125
|
1
|
lodine-126
|
1
|
lodine-129
|
01
|
lodine-131
|
1
|
lodine-132
|
10
|
lodine-133
|
1
|
lodine-134
|
10
|
lodine-135
|
10
|
lndium-192
|
10
|
lndium-194
|
100
|
lron-55
|
100
|
lron-59
|
10
|
Krypton-85
|
100
|
Krypton-87
|
10
|
Lanthanum-140
|
10
|
Lutetium-177
|
100
|
Manganese-52
|
10
|
Manganese-54
|
10
|
Manganese-56
|
10
|
Mercury-197m
|
100
|
Mercury-197
|
100
|
Mercury-203
|
10
|
Molbdenum-99
|
100
|
Neodymium-147
|
100
|
Neodymium-149
|
100
|
Nickel-59
|
100
|
Nickel-63
|
10
|
Nickel-65
|
100
|
Niobium-93m
|
10
|
Niobium-95
|
10
|
Niobium-97
|
10
|
Osmium-185
|
10
|
Osmium-191m
|
100
|
Osmium-191
|
100
|
Osmium-193
|
100
|
Palladium-103
|
100
|
Palladium-109
|
100
|
Phosphorus-32
|
10
|
Platinum-191
|
100
|
Platinum-193m
|
100
|
Platinum-193
|
100
|
Platinum-197m
|
100
|
Platinum-197
|
100
|
Plutonium-239
|
.01
|
Polonium-210
|
0.1
|
Potassium-42
|
10
|
Praseodymium-142
|
100
|
Praseodymium-143
|
100
|
Promethium-147
|
10
|
Promethium-149
|
10
|
Radium-226
|
.01
|
Rhenium-186
|
100
|
Rhenium-188
|
100
|
Rhodium-103m
|
100
|
Rhodium-105
|
100
|
Rubidium-86
|
10
|
Rubidium-87
|
10
|
Ruthenium-97
|
100
|
Ruthenium-103
|
10
|
Ruthenium-105
|
10
|
Ruthenium-106
|
1
|
Samarium-151
|
10
|
Samarium-153
|
100
|
Scandium-46
|
10
|
Scandium-47
|
100
|
Scandium-48
|
10
|
Seleium-75
|
10
|
Silicon-31
|
100
|
Silver-105
|
10
|
Silver-110m
|
1
|
Silver-111
|
100
|
Sodium-24
|
10
|
Strontium-85
|
10
|
Strontium-89
|
1
|
Strontium-90
|
0.10
|
Strontium-91
|
10
|
Strontium-92
|
10
|
Sulphur-35
|
100
|
Tantalum-182
|
10
|
Technetium-96
|
10
|
Technetium-97m
|
100
|
Technetium-97
|
100
|
Technetium-99m
|
100
|
Technetium-99
|
10
|
Tellurium-125m
|
10
|
Tellurium127m
|
10
|
Tellurium-127
|
100
|
Tellurium-129m
|
10
|
Tellurium-129
|
100
|
Tellurium-131m
|
10
|
Tellurium-132
|
10
|
Terbium-160
|
10
|
Thallium-200
|
100
|
Thallium-201
|
100
|
Thallium-202
|
100
|
Thallium-204
|
10
|
Thorium (natural)1
|
100
|
Thulium-170
|
10
|
Thulium-171
|
10
|
Tin-113
|
10
|
Tin-125
|
10
|
Tungsten-181
|
10
|
Tungsten-185
|
10
|
Tungsten-187
|
100
|
Uranium (natural)2
|
100
|
Uranium-233
|
.01
|
Uranium-234 -- Uranium-235
|
.01
|
Vandium-48
|
10
|
Xenon-131m
|
1,000
|
Xenon-133
|
100
|
Xenon-135
|
100
|
Ytterbium-175
|
100
|
Yttrium-90
|
10
|
Yttrium-91
|
10
|
Yttrium-92
|
100
|
Yttrium-93
|
100
|
Zinc-65
|
10
|
Zinc-69m
|
100
|
Zinc-69
|
1,000
|
Zirconium-93
|
10
|
Zirconium-95
|
10
|
Zirconium-97
|
10
|
An alpha emitting radionuclide not listed above or
mixtures of alpha emitters of unknown composition
|
.01
|
A radionuclide other than an alpha emitting
radionuclides, not listed above, or mixtures of beta emitters of unknown
composition
|
.1
|
1Based on alpha disintegration rate
of Th-232, Th-230 and their daughter products.
2Based on alpha disintegration rate
of U-238, U-234, and U-235.
Note: For purposes of
902 KAR
100:021, Section 3, if there is involved a combination
of isotopes in known amounts, the limit for the combination shall be derived as
follows: Determine, for each isotope in the combination, the ratio between the
quantity present in the combination and the limit otherwise established for the
specific isotope if not in combination. The sum of such ratios for all the
isotopes in the combination shall not exceed one ("1")
("unity").
STATUTORY AUTHORITY:
KRS
194A.050,
211.090(3),
211.844