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 150, 42 U.S.C.
2021(b)
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 requires the Cabinet for Health and
Family Services to provide by administrative regulation 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 provides for the reciprocal recognition of
radioactive material licenses issued by the United States Nuclear Regulatory
Commission or another agreement state.
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,
902 KAR 100:185, 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. The licensee shall comply with 10 C.F.R. Part 150 except as
established in subsection (1) through (3) of this section.
(1) The licensee shall not be subject to:
(a)
10 C.F.R.
150.3 Definitions:
1. Agreement state; and
2. Foreign Obligations;
(b)
10 C.F.R.
150.4;
(c)
10 C.F.R.
150.5;
(d)
10 C.F.R.
150.7;
(e)
10 C.F.R.
150.10;
(f)
10 C.F.R.
150.14;
(g)
10 C.F.R.
150.15;
(h)
10 C.F.R.
150.15a;
(i)
10 C.F.R.
150.16;
(j)
10 C.F.R.
150.17;
(k)
10 C.F.R.
150.17a;
(l)
10 C.F.R.
150.19;
(m)
10 C.F.R.
150.21;
(n)
10 C.F.R.
150.30;
(o)
10 C.F.R.
150.31;
(p)
10 C.F.R.
150.32; and
(q)
10 C.F.R.
150.33.
(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) As referenced in
10 C.F.R.
150.2, reference to the "Commission" or
"Atomic Energy Commission" shall remain and shall not be deemed to reference
the "cabinet".
(c) As referenced in
10 C.F.R.
150.20(a)(1)(i), (ii), (iii), (b), (b)(3), and
(b)(4), reference to "non-agreement states",
"areas of exclusive federal jurisdiction within agreement states", or "offshore
waters" shall be deemed as reference to the Commonwealth of Kentucky.
(d) As referenced in
10 C.F.R.
150.20 reference to an "agreement state
license", a "license issued by an agreement state", or a "license from an
agreement state" shall be deemed to reference a "Nuclear Regulatory Commission
license", a "license issued by the Nuclear Regulatory Commission", or a
"license from the Nuclear Regulatory Commission".
(3) Notifications and reports required by 10
C.F.R. Part 150 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.
Section
3. The out-of-state licensee requesting reciprocity shall pay an
annual fee in accordance with
902 KAR 100:012.
