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;
(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.
(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.
