Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
194A.005,
211.842-211.852,
211.990(4), 10
C.F.R. Part 31, 42 U.S.C.
2021
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary to promulgate, administrative regulations necessary to implement
programs mandated by federal law, to qualify for the receipt of federal funds,
and to cooperate with other state and federal agencies.
KRS
211.844 authorizes the cabinet to provide by
regulation for the registration and licensing of the possession or use of any
source of ionizing or electronic product radiation and the handling and
disposal of radioactive waste. This administrative regulation establishes the
general licensing requirements for certain uses of radioactive material and
specific devices containing radioactive material.
Section 1. Definitions.
(1) "Agreement state" means a state that 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 this administrative regulation or equivalent regulations of
the U.S. Nuclear Regulatory Commission or an agreement state.
Section 2.
Applicability. This administrative regulation establishes the requirements for
licensees who manufacture or use radioactive material under a general license.
Except as established in subsections (1) through (4) of this section, the
licensee shall comply with 10 C.F.R. Part 31 .
(1) The licensee shall not be subject to:
(a)
10 C.F.R.
31.4;
(b)
10 C.F.R.
31.22; or
(c)10 C.F.R.
31. 23.
(2) Application for specific license. Each
application for a specific license shall be filed pursuant to
902 KAR 100:040.
(3)
(a)
Reference to the NRC, Commission, or an agreement state shall be deemed to
reference the Cabinet for Health and Family Services, Department for Public
Health, Radiation Health Branch.
(b) In
10 C.F.R.
31.5(b)(1)(ii),
31.5(c)(3)(ii),
31.5(c)(8)(i),
31.6,
31.7(a),
31.10(a),
31.10(b)(1), and
31.12(c)(4),
reference to "an agreement state", shall be deemed to be a reference to "the
NRC, or an agreement state".
(c) In
10 C.F.R.
31.6, reference to "any non-agreement state"
or "offshore waters" shall be deemed a reference to the "Commonwealth of
Kentucky".
(4)
Notifications and reports required by 10 C.F.R. Part 31 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) 225-2587: Telephone, for hours
except those established in paragraph (c) of this
subsection.,
