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), 10
C.F.R. Part 36, 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 operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
211.844(1) requires the
cabinet 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 establishes procedures, criteria, terms, and
conditions upon which the cabinet issues licenses for special nuclear
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
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. Except as established in subsections (1) through (4) of this section,
the licensee shall comply with 10 C.F.R. Part 36 .
(1) The licensee shall not be subject to:
(a)
10 C.F.R.
36.2, Definitions:
1. Commencement of Construction (2);
and
2. Construction
(9)(ii);
(b)
10 C.F.R.
36.8;
(c)
10 C.F.R.
36.91; and
(d)
10 C.F.R.
36.93.
(2)
(a)
Reference to the NRC, the 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 "NRC" or "agreement state"
shall be deemed to be a reference to "Cabinet for Health and Family Services,
Department for Public Health, Radiation Health Branch", the "NRC", or
"agreement state".
(3)
Each application for a specific license shall be filed pursuant to this
administrative regulation.
(4)
Notifications, reports, and correspondence required by
10 C.F.R.
36 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) 255-2587: Telephone, for hours except those established in paragraph (c)
of this subsection.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.844(1)
