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),
216B.015(22),
10 C.F.R. Part 20, 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(1) requires cabinet
to provide by administrative regulation for the licensing of the possession or
use of sources of ionizing and the handling and disposal of radioactive waste.
This administrative regulation establishes the standards for protection of the
user and general public against radiation exposure, the standards for
protection against ionizing radiation resulting from activities conducted by
persons issued licenses or registrations by the cabinet, and the standards to
control the receipt, possession, use, transfer, and disposal of sources of
radiation by a person, or licensee.
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.
(4) "Person" is
defined by KRS
216B.015(22).
Section 2. Applicability. This administrative
regulation shall apply to a licensee. The licensee shall comply with 10 C.F.R.
Part 20 except as established in subsections (1) through (5) of this section.
(1) The licensee shall not be subject to:
(a)
10 C.F.R.
20.1003, Definition for licensee;
(b)
10 C.F.R
20.1007;
(c)
10 C.F.R.
20.1009;
(d)
10 C.F.R.
20.1406(b);
(e)
10 C.F.R.
20.1905(g);
(f)
10 C.F.R.
20.2203(c);
(g)
10 C.F.R.
20.2206(a)(1), (a)(3), (a)(4), and
(a)(5);
(h)
10 C.F.R.
20.2401; and
(i)
10 C.F.R.
20.2402.
(2)
(a)
Except for the definition of special nuclear material in
10 C.F.R.
20.1003, reference to the "Commission" or
"NRC" shall be deemed to be a reference to the "Cabinet for Health and Family
Services, Department for Public Health, Radiation Health Branch".
(b) Reference to the "Commission" or an
agreement state shall be deemed to be a reference to the "Cabinet for Health
and Family Services, Department for Public Health, Radiation Health Branch",
the commission, or an agreement state.
(3) Reference to "NRC Form 313, Application
for Material License" shall be deemed to be a reference to "Application for
Radioactive Material License" RPS-7, incorporated by reference in
902 KAR 100:040.
(4) Reference to the violations under
10 C.F.R.
20.2401 shall be deemed to be a reference to
902 KAR 100:170.
(5) Reference to the criminal penalties under
10 C.F.R.
20.2402 shall be deemed to be a reference to
KRS
211.990.
Section 3. Annual Report of Waste Generated.
(1) A licensee issued a specific license,
pursuant to
902 KAR 100:040, shall file an
Annual Low Level Radioactive Waste (LLRW) Report with the cabinet.
(2) The report shall be filed regardless of
whether the licensee was a waste generator during the reporting period, except
for a licensee that is authorized for only sealed radioactive sources and has
leak test results indicating no leakage or damaged sources.
(3) The report shall:
(a) Contain information regarding low-level
radioactive waste associated with activities authorized by the license for a
period of one (1) calendar year;
(b) Contain the types and amounts of
generated waste, and estimates of future wastes to be generated; and
(c) Be filed no later than January 15 of the
following year.
Section
4. Reporting of Events and Notifications. The reporting of events
and notifications required by 10 C.F.R. Part 20 shall be directed to the
manager, Radiation Health Branch, at:
(1) 275
East Main Street, Mailstop HS1-C-A, Frankfort, Kentucky 40621;
(2) (502) 564-1492: Facsimile;
(3) (502) 564-3700: Telephone, Monday through
Friday from 8 a.m. to 4:30 p.m.; or
(4) (800) 255-2587: Telephone, for hours
outside of those in subsection (3) of this section.
Section 5. Incorporation by Reference.
(1) "Annual Low Level Radioactive Waste
(LLRW) Report", 05/2023, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copy right law, at Department for Public
Health, Radiation Health Branch, 275 East Main Street, Frankfort, Kentucky
40621, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) This material is available on the
agency's Web site at
https://www.chfs.ky.gov/agencies/dph/dphps/rhb/Documents/LLRWReportForm1.pdf.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.844(1)
