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 32, 42 U.S.C.
2021(b)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services 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 requires the cabinet to promulgate
administrative regulations concerning 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
issuing specific licenses to persons who manufacture, assemble, repair, or
distribute commodities, products, or devices, that contain 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 100:185 and this
administrative regulation;
(b) A
specific licensed 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 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 32 .
(1) The licensee shall not be subject to:
(a)
10 C.F.R.
32.1(c)(1);
(b)
10 C.F.R.
32.8;
(c)
10 C.F.R.
32.11;
(d)
10 C.F.R.
32.12;
(e)
10 C.F.R.
32.14;
(f)
10 C.F.R.
32.15;
(g)
10 C.F.R.
32.16;
(h)
10 C.F.R.
32.18;
(i)
10 C.F.R.
32.19;
(j)
10 C.F.R.
32.20;
(k)
10 C.F.R.
32.21;
(l)
10 C.F.R.
32.21a;
(m)
10 C.F.R.
32.22;
(n)
10 C.F.R.
32.23;
(o)
10 C.F.R.
32.25;
(p)
10 C.F.R.
32.26;
(q)
10 C.F.R.
32.27;
(r)
10 C.F.R.
32.28;
(s)
10 C.F.R.
32.29;
(t)
10 C.F.R.
32.30;
(u)
10 C.F.R.
32.31;
(v)
10 C.F.R.
32.32;
(w)
10 C.F.R.
32.301; or
(x)
10 C.F.R.
32.303.
(2)
(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) Reference to "Commission" or "agreement
state" shall be deemed to be a reference to "Cabinet for Health and Family
Services, Department for Public Health, Radiation Health Branch", "Commission",
or "agreement state".
(3)
Reference to "NRC Form 313, Application for Material License" shall be deemed
to be a reference to Form RPS-7, incorporated by reference in
902 KAR 100:040.
(4) Notifications and reports required by 10
C.F.R. Part 32 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.
STATUTORY AUTHORITY:
KRS
13B.170,
194A.050(1),
211.844
