ML18162A272
| ML18162A272 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/2018 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Beardsley M | |
| Shared Package | |
| ML18162A252 | List: |
| References | |
| Download: ML18162A272 (25) | |
Text
Regulation Hearing/Regulations Kansas Register 325 adoption of proposed regulations of the Kansas Depart-ment of Wildlife, Parks and Tourism.
A general discussion and workshop meeting on busi-ness of the Wildlife, Parks and Tourism Commission will begin at 1:00 p.m., June 21, 2018 at the location list-ed above. The meeting will recess at approximately 5:00 p.m. then resume at 6:30 p.m. at the same location for the regulatory hearing and more business. There will be public comment periods at the beginning of the afternoon and evening meeting for any issues not on the agenda and additional comment periods will be available during the meeting on agenda items. Old and new business may also be discussed at this time. If necessary to complete business matters, the Commission will reconvene at 9:00 a.m. June 22, 2018 at the location listed above.
Any individual with a disability may request accom-modation in order to participate in the public meeting and may request the meeting materials in an accessible format. Requests for accommodation to participate in the meeting should be made at least five working days in advance of the meeting by contacting Sheila Kemmis, Commission Secretary, at 620-672-5911. Persons with a hearing impairment may call the Kansas Commission for the Deaf and Hard of Hearing at 1-800-432-0698 to re-quest special accommodations.
This 60-day notice period prior to the hearing consti-tutes a public comment period for the purpose of receiv-ing written public comments on the proposed adminis-trative regulations.
All interested parties may submit written comments prior to the hearing to the Chairman of the Commission, Kansas Department of Wildlife, Parks and Tourism, 1020 S. Kansas Ave., Suite 200, Topeka, KS 66612 or to sheila.
kemmis@'ks.gov if electronically. All interested parties will be given a reasonable opportunity at the hearing to express their views orally in regard to the adoption of the proposed regulations. During the hearing, all written and oral comments submitted by interested parties will be considered by the commission as a basis for approv-ing, amending and approving, or rejecting the proposed regulations.
The regulation that will be heard during the regulatory hearing portion of the meeting is as follows:
K.A.R. 115-4-6b. This permanent regulation establish-es elk management units. The proposed changes would refine the boundaries of units 2 and 3 to better clarify elk management within the State.
Economic Impact Summary: The proposed amend-ments to the regulation are not anticipated to have any appreciable negative economic impact on the depart-ment, other agencies, small businesses or the public.
K.A.R. 115-8-1. This permanent regulation establish-es provisions for hunting, furharvesting, and discharge of firearms on department lands and waters. The pro-posed amendments to the regulation update the refer-ence document.
Economic Impact Summary: The proposed amend-ments to the regulation are not anticipated to have any appreciable negative economic impact on the depart-ment, small businesses, other agencies, or the public.
K.A.R. 115-25-9a. This exempt regulation establishes the open season, bag limit and permits for military sub-units. The proposed version of the regulation merely up-dates the season dates to conform with the calendar.
Economic Impact Summary: The proposed version of the regulation is not anticipated to have any appreciable negative economic impact on the department, small busi-nesses, other agencies, or the public.
Copies of the complete text of the regulations and its respective economic impact statements may be obtained by writing the chairman of the Commission at the ad-dress above, electronically on the department's website at www.kdwpt.state.ks.us, or by calling 785-296-2281.
Gerald Lauber Chairman Doc. No. 0-16?37 State of Kansas Department of Health and Environment Permanent Administrative Regulations Article 35.-RADIATION 28-:15-1 :15a. Definitions. As used in these regula-tions, each of the following terms shall have the meaning specified in this regulation: (a) "Ai" means the maximum activity of special form radioactive material permitted in a type A package.
(b) "At means the maximum activity of radioactive ma*
terial, other than special form radioactive material, per-mitted in a type A package. These values are listed in or may be derived as specified in 10 C.F.R. part 71, appendix A, which is adopted by reference in K.A.R. 28-35-221b.
(c) "Absorbed dose" means the energy imparted to matter by ionizing radiation per unit mass of irradiated material at the place of interest. The units of absorbed dose are the rad and the gray (Gy).
(d) "Absorbed dose rate" means the absorbed dose per unit of time or, for linear accelerators, the dose monitor unit per unit of time.
(e) "Accelerator-produced material" means any material made radioactive by exposing it in a particle accelerator.
(f) "Accessible surface" means the surface of equip-ment or of an equipment part that can be easily or ac-cidentally touched by persons without the use of a tool.
(g) "Accident" means an unintended event, including an operating error, equipment failure, and other mishap, that could result in either of the following:
(1) A dose in excess of regulatory limits on site or for the public; or (2) consequences or potential consequences that cannot be ignored from the point of view of protection or safety, including an actual or potential substantial degradation of the level of protection or safety of the facility or the release of radioactive material in sufficient quantity to warrant consideration of protective actions.
(h) "Act" means the "nuclear energy development and radiation control act," K.S.A. 48-1601 et seq., and amend-ments thereto.
Vol. 37, No. 16, April 19, 2018 4:1 K*n,., Semt.. y of St,te ?018
326 Kansas Register Regulations (i) "Activity" means the rate of disintegration, transfor-mation, or decay of radioactive material. Activity is ex-pressed in the SI unit of becquerel (Bq) or in the special unit of curie (Ci), or the multiples of either unit.
(j) "Added filter" means the filter added to the inherent filtration.
(k) "Address of use" means the building or buildings that are identified on the license and each location where radioactive material could be produced, prepared, re*
ceived, used, or stored.
(I) "Adult" means an individual who is 18 or more years of age.
(m) (l)"Agreement state" means any state with which the nuclear regulatory commission (NRC) enters, or has entered, into an effective agreement pursuant to subsec-tion 274b of the atomic energy act of 1954, 68 Stat. 919, as amended.
(2) "Non-agreement state" means any other state.
(n) "Airborne radioactive area" means the following:
(1) Any room, enclosure, or operating area in which airborne radioactive material exists in concentrations in excess of the derived air concentrations (DAC) specified in "appendices to part 4: standards for protection against radiation," effective April 1994, published by the depart-ment and hereby adopted by reference; or (2) any room, enclosure, or operating area in which air*
borne radioilctive material exists in concentrations such that an individual present in the area without respiratory protective equipment could exceed, during the hours an individual is present in a week, an intake of 0.6 percent of the ALI or 12 DAC-hours.
(o) "Airborne radioactive material" means any radio-active material dispersed in the air in the form of dust, fumes, mists, vapors, or gases.
(p) "Air kerma" means the kinetic energy released in air by ionizing radiation. Kerma is determined by divid-ing dE by dM, where dE is the sum of the initial kinetic energies of all the charged ionizing particles liberated by uncharged ionizing particles in air of mass dM. The SJ unit of air kerma is joule per kilogram, and the special name for the unit of kerma is the gray (Gy).
(q) "Alert" means a period during which one of the fol-lowing could lead to a release of radioactive material that is not expected to require a response by off-site response organizations to protect persons off-site:
(1) Conditions have arisen that could cause an event.
(2) An event is in progress.
(3) An event has occurred.
(r) "Aluminum equivillent" means the thickness of type 1100 aluminum alloy that affords the Silme attenu-ation, under specified conditions, as that of the milteriill in question. The nominal chemical composition of type 1100 aluminum illloy is a minimum of 99.00 percent alu-minum and 0.12 percent copper.
(s) "Amendment" means any chilnge toil license or reg-istration issued under these regulations.
(t) "Analytical X-ray system" means a group of local and remote components utilizing X-rays to determine the elementill composition or to examine the microstruc-ture of milterials.
(1) Local components shall include those components that are struck by X-rays, including radiation source hous-ings, port and shutter assemblies, collimators, sample holders, cameras, goniometers, detectors, and shielding.
(2) Remote components may include power supplies, transformers, amplifiers, readout devices, and control panels.
(u) "Annual limit on intake" and "ALI" mean the de-rived limit for the amount of radioactive milterial taken into the body of an adult worker by inhalation or in-gestion in a year. ALI is the smaller value of intake of a given radionuclide in a year by the reference man that would result in a committed effective dose equivalent of 5 rem (0.05 Sv) or a committed dose equivalent of 50 rem (0.5 S,*) to any individual organ or tissue. ALI val-ues for intake by ingestion and by inhillation of selected radionuclides are specified in appendix B, table f, pub-lished in "appendices to part 4: standards for protection against radiation," which is adopted by reference in this regulation.
(v) "Annual refresher safety training" means a review conducted or provided by the licensee or registrant for its employees on rildiation safety aspects of industrial ra-diography. The review shall include, at a minimum, any results of internal inspections, new procedures or equip*
ment, new or revised reguliltions, and ilCcidents or errors that have been observed. The review shall also provide opportunities for employees to ask safety questions.
(w) "ANSI" meilns the American national standilrds institute.
(x) "Applicator" meilns a structure that determines the extent of the treatment field at a given distance from the virtual source.
(y) "Area of use" means il portion of a physical structure that has been set aside for the purpose of producing, pre-paring, receiving, using, or storing radioactive material.
(z) "As low as is reasonably achievable" and "ALARA,"
when used to describe exposures to radiation workers, mean that e,*ery reasonable effort has been made to maintain exposures to radiation workers as far below the dose limits specified in these regulations as is prac-tical, consistent with the purpose for which the licensed or registered activity is undertaken, taking the following into account:
(1) The state of technology; (2) the economics of improvements in relation to the state of technology; (3) the economics of improvements in relation to ben*
efits to public health and safety and to other societal,md socioeconomic considerations; ilnd (4) the economics of improvements in relation to the utilization of nuclear energy and licensed or registered sources of radiation in the public interest.
(ila) "Assembler" meilns any person engaged in the business of assembling, replacing, or installing one or more components into an X-ray system or subsystem.
The term shall include the owner of an X-ray system or any employee or agent of the owner who assembles com*
ponents into an X-ray system that is subsequently used to provide professional or commercial services.
(bb) "Associated equipment" meilns equipment that is used in conjunction with a radiographic exposure de-vice that makes radiographic exposures and that drives, guides, or comes in contact with the source.
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Regulations Kansas Register 327 (cc) "Attenuation block" means a block or stack, with dimensions of 20 cm by 20 cm by 3.8 cm, made of type 1100 aluminum alloy or other materials having equiva-lent attenuation.
(dd) "Authorized user" means an individual who is identified as an authorized user on a license issued by the department for the use of radioactive material or an individual who is designated by a registered facility as a user of X-ray machines or accelerators. This term shall not apply to part 6 of these regulations.
(ee) "Automatic exposure control" means a device that automatically controls one or more technique factors in order to obtain a required quantity of radiation, at one or more preselected locations. (Authorized by KS.A.
48-1607; implementing KS.A. 2017 Supp. 48-1603 and K.S.A. 48-1607; effective Dec. 30, 2005; amended July 27, 2007; amended May 4, 2018.)
28-!S5-1:S5e. Definitions. As used in these regula-tions, each of the following terms shall have the mean-ing specified in this regulation: (a) "Cabinet radiography using radiation machines" means industrial radiography that is conducted in an enclosed, interlocked cabinet that prevents the radiation machine from operating unless all openings are securely closed and that is sufficiently shielded so that every location on the cabinet's exterior meets the conditions for an unrestricted area as specified in K.A.R. 28-35-214a.
(b) "Cabinet X-ray system" means an X-ray system with the X-ray tube installed in an enclosure, called a "cabinet,"
that is independent from existing architectural structures except the floor on which the cabinet could be placed. The cabinet is intended for the following purposes:
(1) To contain at least that portion of a material being irradiated; (2) to provide radiation attenuation; and (3) to exclude personnel from the interior of the cabinet during the generation of X-rays.
This term shall include all X-ray systems designed pri-marily for the inspection of carry-on baggage at airline, railroad, and bus terminals, and in similar facilities. An X-ray tube that is used within a shielded part of a build-ing, or X-ray equipment that may temporarily or occa-sionally incorporate portable shielding, shall not be con-sidered a cabinet X-ray system.
(c) "Calendar quarter" means at least 12 but not more than 14 consecutive weeks. The first calendar quarter of each year shall begin in January. Subsequent calendar quilrters shall be ilrranged so that no day is included in more than one calendar quarter and no day in ilny one year is omitted from inclusion within a calendar quarter.
A licensee or registrant shall not change the method of determining and observing calendar quarters for pur-poses of these regulations except at the beginning of a calendar year.
(d) "Calibration" means the determination of either of the following:
(1) The response or reading of an instrument relative to a series of known radiation values over the range of the instrument; or (2) the strength of a source of radiation relative to a standard.
(e) "Camera" means a radiographic exposure device.
(f) "Central axis of the beam" means a line passing through the virtual source and the center of the plane fig-ure formed by the edge of the first beam-limiting device.
(g) "Cephalometric device" means a device intended for the radiographic visualization and measurement of the dimensions of the human head.
(h) "Certifiable cabinet X-ray system" means an exist-ing, uncertified X-ray system that has been modified to meet the certification requirements specified in 21 C.F.R.
1020.40, ilS in effect on April 30, 1984.
(i) "Certified cabinet X-ray system" means a cabinet X-ray system that has been certified as manufactured and assembled as specified in 21 C.F.R. 1020.40, as in ef-fect on April 30, 1984.
- 0) "Certified components" means the components of X-ray systems that are subject to regulations promul-gated under public law 90-602, the radiation control for health and safety act of 1968 as amended.
(k) "Certified system" means any X-ray system that has one or more certified components.
(I) "Certifying entity" means an independent certifying organization or state regulatory program meeting the re-quirements in K.A.R. 28-35-293.
(m) "Changeable filter" means any filter, exclusive of inherent filtration, that can be removed from the useful beam through any electronic, mechanical, or physical process.
(n) "Chelating agent" means amine polycarboxylic ac-ids, hydroxycarboxylic acids, gluconic acids, and poly-carboxylic ilcids.
(o) "Class" means a classificiltion scheme for inhaled material ilCCording to its rate of clearance from the pul-monary region of the lung. For the purposes of these regulations, "lung class" and "inhalation class" shall be considered equivalent terms. Materials are classified as D, W, or Y, which applies to the following range of clear-ance half-times:
(1) For class D, fewer thiln 10 days; (2) for clilss W, from 10 through 100 days; and (3) for class Y, more than 100 days.
(p) "Coefficient of variation" and "C" mean the ratio of the standard deviation to the mean value of a population of observations. This ratio is estimated using the follow-ing equation:
where C = ~ = ~ ( f, (x.!--~~ )'~
X X
~ n-1 i.. l s "'
Estimated standard deviation of the population x..
Mean value of observations in sample x,..
ith observation in sample (q) "Collective dose" means the sum of the individual doses received in a given period of time by a specified pop-ulation from exposure to a specified source of radiation.
(r) "Collimator" means a radiation shield that is placed ilt the end of a guide tube or directly onto a radiographic exposure device to restrict the size of the radiation beam (w11ti1111ed)
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328 Kansas Register Regulations when the sealed source is cranked into position to make a radiographic exposure.
(s) "Committed dose equivalent" and "Hr50" mean the dose equivalent to organs or tissues of reference (f) that will be received from an intake of radioactive material by an individual during the SO-year period following the intake.
(t) "Committed effective dose equivalent" and "HE,511" mean the sum of the products of the weighting factors applicable to each of the body organs or tissues that are irradiated and the committed dose equivalent to each of these organs or tissues (HE.so = I wrHr.;,1).
(u) "Computed tomography" means the production of a tomogram by the acquisition and computer processing of X-ray transmission data.
(v) "Consortium" means an association of medical use licensees and a positron emission tomography (PET) ra-dionuclide production facility in the same geographical area that jointly own or share the operation and mainte-nance cost of the PET radionuclide production facility that produces PET radionuclides for use in producing radioac-tive drugs within the consortium for noncommercial dis-tributions among its associated members for medical use.
(w) "Contact therapy" means therapy in which the X-ray tube port is put in contact with, or within five cen-timeters of, the surface being treated.
(x) "Contact therapy system" means a therapeutic radi-ation machine with a short target-to-skin distance (TSO),
usually Jess than five centimeters.
(y) "Control cable" means the cable that is connected to the source assembly and used to drive the source to and from the exposure location.
(z) "Control drive mfchanism" means a device that en-ables the source assembly to be moved into and out of the exposure device.
(aa) "Controlled area" means an area outside of a re-stricted area but inside the site boundary, access to which can be limited by the licensee or registrant for any reason.
(bb) "Control panel" means that part of the X-ray sys-tem where the switches, knobs, push buttons, and other hardware necessary for manually setting the technique factors are mounted.
(cc) "Control tube" means a protective sheath for guid-ing the control cable. The control tube connects the control drive mechanism to the radiographic exposure device.
(dd) "Cooling curve" means the graphical relationship between the heat units stored and the cooling time.
(ee) "Curie" means a unit of activity. One curie (Ci) is the quantity of radioactive material that decays at the rate of 3.7 x 10m transformations per second (tps). Com-monly used submultiples of the curie are the millicurie and the microcurie. One millicurie (mCi) = 0.001 curie..
3.7 x 10~ tps. One microcurie (µCi)
- 0.000001 curie
- 3.7 x 10~ tps. (Authorized by K.S.A. 48-1607; implementing K.S.A. 2017 Supp. 48-1603 and K.S.A. 48-1607; effective Dec. 30, 2005; amended May 4, 2018.)
23-:J5-1:l5i. Definitions. As used in these regula-tions, each of the following terms shall have the meaning specified in this regulation: (a) "Image intensifier" means a device that instantaneously converts, by means of pho-toemissive surfaces and electronic circuitry, an X-ray pat-tern into a light pattern of greater intensity than would have been provided by the original X-ray pattern.
(b) "Image receptor" means any device, including a fluorescent screen and radiographic film, that transforms incident X-ray photons into a visible image or into anoth-er form that can be made into a visible image by further transformations.
(c) "Image receptor support," for mammographic sys-tems, means that part of the system designed to support the image receptor in a horizontal plane during a mam-mographic examination.
(d) "Immediate" means within not more than 15 min-utes or as otherwise defined in a license condition.
(e) "Incident" means an individual event or series of related events that caused or threatened to cause any vi-olation of these regulations or license conditions. For the purposes of part 13, "incident" shall mean any unintend-ed event involving radioactive material for which the public dose is a fraction of regulatory limits and safety provisions are sufficient, but further degradation of safe-ty systems could lead to an accident.
(f) "Independent certifying organization" means an independent organization that meets all of the criteria specified in K.A.R. 28-35-293.
(g) "Indian tribe" and "tribe" mean any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the United States depart-ment of the interior because of their status as Indians.
(h) "Indian tribal officiul" and "tribal official" mean the highest-ranking individual who represents tribal leadership, including the chief, president, and tribal council leader.
(i) "Individual" means any human being.
(j) "Individual monitoring" means the assessment of either of the following:
(1) A dose equivalent by the use of individual-monitoring devices or by the use of survey data; or (2) a committed effective dose equivalent determined by bioassay or by computation of the number of DAC-hours to which an individual is exposed.
(k) "Individual-monitoring device" means any device designed to be worn by a single individual for the as-sessment of dose equivalent. "Individual-monitoring de-vice" shall include any film badge, thermoluminescent dosimeter (fLD), optically stimulated dosimeter, pocket ionization chamber, and personal air-sampling device.
For purposes of these regulations, "personnel dosime-ter" and "dosimeter" shall be considered terms equiva-lent to "individual-monitoring device."
(I) "Industrial radiography" means the examination of the structure of materials by nondestructive methods uti-lizing sources of radiation.
(m) "Inherent filtration" means the filtration per-manently mounted in the useful beam, including the window of the X-ray tube and any permnnent tube or source enclosure.
(n) "Injection tool" means a device used for controlled subsurface injection of radioactive tracer material.
(o) "Inspection" means an official exnminntion or ob-servation that may include tests, surveys, and monitor-ing to determine compliance with federal rules, state regulations, orders, requirements, and license and regis-tration conditions.
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Regulations Kansas Register 329 (p) "Installation" means the location where one or more sources of radiation are used, operated, or stored.
(q) "Interlock" means a device for precluding access by an individual to an area of radiation hazard without warning, either by preventing admission or by automat-ically removing the hazards.
(r) "Internal dose" means that portion of the dose equivalent received from radioactive material taken into the body.
(s) "Interruption of irradiation" means the stopping of irradiation with the possibility of continuing irradiation without the resetting of operating conditions at the con-trol panel.
(t) "Ionizing radiation" means radiation capable of producing an ionization event, including gamma rays and X-rays, alpha and beta particles, high-speed elec-trons, neutrons, and other nuclear particles.
(u) "Irradiation" means the exposure of matter to ion-izing radiation.
(v) "Irradiator" means a facility that uses radioactive sealed sources for the irradiation of objects or materials and in which radiation dose rates exceeding five grays (500 rads) per hour exist at one meter from the sealed radioactive sources in air or water, as applicable for the irr.1diator type. This term shall not include any irradiator in which both the sealed source and the area subject to irradiation are contained within a device and are not ac-cessible to personnel.
(w) "Irradiator operator" means an individual who has successfully completed the required training and testing and is authorized by the terms of the license to operate an irradiator without a supervisor present.
(x) "Irretrievable well-logging source" means any sealed source containing licensed material that is pulled off or not connected to the wireline that suspends the source in the well and for which all reasonable effort at recovery has been expended.
(y) "lsocenter" means a fixed point in space that is lo-cated at the center of the smallest sphere through which the central axis of the beams passes under all conditions.
(Authorized by KS.A. 48-1607; implementing KS.A.
2017 Supp. 48-1603 and K.S.A. 48-1607; effective Dec. 30, 2005; amended May 4, 2018.)
28~!15-1!15s. Definitions. As used in these regula-tions, each of the following terms shall have the mean-ing specified in this regulation: (a) "Sanitary sewerage" means a system of public sewers to carry off waste water and refuse. This term shall exclude sewage treatment fa-cilities, septic tanks, and leach fields owned or operated by the licensee or registrant.
(b) "Scattered radiation" means radiation that, during its passage through matter, is deviated in direction.
(c) "Sealed source" means any radioactive material that is permanently encased in a capsule designed to prevent the leakage or escape of the radiouctive material.
(d) "Secondnry dose-monitoring system" means a system thilt terminates irrndiation if the primary sys-tem fails.
(e) "Secondury protective burrier" meuns il burrier suf-ficient to attenuate stray radiation to the required degree.
(f) "Secretary" meuns secretury of the depurtment of health nnd environment.
(g) "Seismic areu" means any urea where the probability of a horizontal acceleration in rock of more thnn 0.3 times the acceleration of gravity in 250 yenrs is greater than 10 percent, as designated by the U.S. geological survey.
(h) "Shallow dose equivalent" and "H., which npply to the external exposure of the skin or an extremity, mean the dose equivalent nt il tissue depth of 0.007 centimeter (7 mg/cm:) nveraged over an area of one square centimeter.
(i) "Sheltering" means using a structure for radiation protection from an airborne plume containing radioac-tive material.
(j) "Shielded position" means the location within the radiogrnphic exposure device or storage container thnt, by the munufacturer's design, is the proper location for storage of the sealed source.
(k) "Shielded-room radiography using radiation ma-chines" means industrial radiography using radiation machines thilt meets the following conditions:
(1) Is conducted in an enclosed room, the interior of which is not occupied during radiographic operations; (2) is shielded so that every location on the exterior meets the conditions specified in K.A.R. 28-35-214n; and (3) is accessible only through openings that are inter-locked so that the radiation machine will not operute un-less ull openings are securely closed.
(I) "SI" menns the nbbreviation for the international system of units.
(m) "Shutter" means a device attached to an X-ray tube housing assembly that can totally intercept the useful beam and thilt has a leud equivalency not less thun thilt of the tube housing assembly.
(n) "Sievert" meuns the SI unit of any of the quuntities expressed as a dose equivalent. The dose equivalent in sieverts is equal to the absorbed dose in grays multiplied by the quality factor (1 Sv : 100 rem).
(o) "Site area emergency" means nn event that could occur, is in progress, or hus occurred, thnt could lead toil significnnt release of radio.ictive material, nnd that could require il response by off-site response orgnnizations to protect persons off-site.
(p) "Site boundary" means that line beyond which the lund or property is not owned, leased, or otherwise con-trolled by the licensee or registrant.
(q) "Source" means the focal spot of the X*ray tube.
(r) "Source nssembly" means an assembly thilt consists of the sealed source and a connector that uttaches the source to the control cable.
(s) "Source changer" means a device designed und used for replacement of sealed sources in radiographic exposure devices, including those devices also used for trunsporting und storaging sealed sources.
(t) "Source holder" meuns a housing or ussembly into which il rudioactive source is plilced for the purpose of facilitating the handling and use of the source in well-logging operations.
(u) "Source-image receptor distance" and "SID" mean the distance from the source to the center of the input surface of the imuge receptor.
(v) "Source muteri.il" means the following:
(1) Uranium or thorium, or nny combinution of these, in any physical or chemical form; or (nmtillucd)
Vol. 37, No. 16, April 19, 2018 C K.1ns.u s~crtt.ny of S1.1t~ 2018
330 Kansas Register Regulations (2) ores that contain, by weight, 0.05 percent or more of uranium, thorium, or any combination of these.
The term "source material" shall not include special nuclear material.
(w) "Source material milling" means any activity that results in the production of by-product material.
(x) "Source of radiation" means any material, device, or equipment that emits or is capable of producing radiation.
(y) "Source-to-skin distance" and "SSD" mean the dis-tance between the source and the patient's skin.
(z) "Special form" means any licensed material that meets either of the following conditions:
(l)(A) Is in solid form; (B) has at least one dimension measuring at least five millimeters; (C) does not melt, sublime, or ignite in air at a tempera-ture of 1,000°F; (D) does not shatter or crumble if subjected to the per-cussion test described in K.A.R. 28-35-144; and (E) is not dissolved or converted into dispensable form to the extent of more than 0.005 percent by weight by im-mersion for one week in water at 68"F or in air at 86°F; or (2)(A) Is in any physical form securely contained in a capsule; (B) has at least one dimension measuring at least five millimeters; (C) will retain its contents if subjected to the tests de-scribed in K.A.R. 28-35-144; and (D) is constructed of materials that do not melt, sub-lime, or ignite in air at 1,475°F and do not dissolve or convert into dispensable form to the extent of more than 0.005 percent by weight by immersion for one week in water.it 68°F or in air at 86°F.
(aa) "Special nucle.ir material" means either of the fol-lowing:
(1) Plutonium, uranium-223, uranium enriched in the isotope 233 or in the isotope 235, and any other mate-rial that the department decl.ires by order to be special nuclear m.iterial ilfter the nuclear regulatory commission (NRC), pursuant to the provisions of section 51 of the atomic energy act of 1954, has determined the milterial to be special nuclear material, except for source material; or (2).iny material artificially enriched as specified in paragraph (aa)(l ), except for source material.
(bb) "Special nuclear material in quantities not suffi-cient to form a critical mass" means,my of the following:
(1) Uranium enriched in the isotope U-235, in quanti-ties not exceeding 350 grams of contained U-235; (2) uranium enriched in the isotope uranium-233, in quantities not exceeding 200 grams of contained U-233; (3) plutonium not exceeding 200 grams; or (4) any combination of these speciul nuclear milterials in uccordance with the following formula:
grums of grams of contained contained U-235
+
U-233 350 200
+
gram of Pu
!> 1 200 The sum of the rutios for all of the kinds of speciul nu-clear muteriul in combination shall not exceed one.
(cc) "Spot check" meuns a procedure that is performed to ensure that a previous calibration continues to be valid.
(dd) "Spot film" means a rildiograph thilt is made during a fluoroscopic exuminution or radiution therapy treatment to permanently record conditions that exist during the procedure.
(ee) "Spot-film device" means a device intended either to transport and position a radiographic image receptor between the radiution source and image receptor or to po-sition a radiographic imilge receptor between the radia-tion source and image receptor. This term shull include a device intended to hold a cassette over the input end of an image intensifier for the purpose of making a radiograph.
(ff) "Stutionary beum therapy" means radiation thera-py without relative displacement of the useful beam and the patient during irradiation.
(gg) "Stationary X-ray equipment" means X-ray equip-ment thilt is installed in a fixed location.
(hh) "Stereotilctic radiosurgery" means the use of ex-temul radiation in conjunction with a stereotactic guid-ance device to very precisely deliver a therapeutic dose to a tissue volume.
(ii) "Stochastic effect" means a health effect th.it occurs randomly and for which the probability of the occurrence of the effect, rather than the severity of the effect, is us-sumed to be a linear function of dose without threshold.
For purposes of these regulations, "probabilistic effect" shall be considered an equivalent term.
(jj) "Storage urea" means.iny location, facility, or vehi-cle that is used to store, transport, or secure a radiograph-ic exposure device, radiation machine, storilge container, or seuled source when not in use. Each storilge area shall be locked or have physical barriers to prevent accidental exposure, tampering, or unuuthorized removul of the de-vice, machine, sealed source, or container.
(kk) "Stornge container" means a device in which ru-diouctive muterials ure trilnsported or stored.
(II) "Stray radiation" means the sum of leakage radia-tion and scc1ttered rndiation.
( mm) "Structured educutional progrum" means an ed-ucational program designed to impart purticular knowl-edge and practical education through interreluted stud-ies and supervised truining.
(nn) "S-tube" means il tube through which the rudio-active source travels when inside u radiogruphic expo-sure device.
(oo) "Subsurface studies" means the evaluation of pa-rumeters below the surface of the earth.
(pp) "Subsurface tracer study" means the release of a substance lugged with rudiouctive material for the pur-pose of tracing the movement or position of the tagged substance in the well bore or adjucent formution.
(qq) "Survey" means an evaluation of a radiation haz-ard resulting from the production, use, transfer, releuse, disposal, or presence of sources of radiation. This term shall include u physical survey of the location of muteri-als or equipment, or both, und either the measurements of levels of radiation or the concentrations or quantities of radioactive materiuls present. (Authorized by K.S.A. 48-1607; implementing K.S.A. 2017 Supp. 48-1603 und K.S.A.
48-1607; effective Dec. 30, 2005; amended May -l, 2018.)
28-:15-1!1511. Definitions. As used in these regula-tions, euch of the following terms shull have the meaning specified in this regulation: (u) "Underwuter irrudiator" C K.1n,.1, Xcr,h1ry of S1.11r 2018 Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 331 means an irradiator in which the sources always remain shielded underwater and humans do not have access to the sealed sources or the space that is subject to irradia-tion without entering the pool.
(b) "Underwater radiography" means industrial ra-diography performed when the radiographic exposure device or the related equipment is beneath the surface of the water.
(c) "Unit dose" means a dosage prepared for medical use for administration to a patient or human research subject as a single dosage, without any further manipu-lation of the dosage after the dosage is initially prepared.
(d) "Unrefined and unprocessed ore" means ore in its natural form before any processing, including grinding, roasting, beneficiating, and refining. "Processing" shall not include sieving or the encapsulation of ore or prepa*
ration of samples for laboratory analysis.
(e) "Unrestricted area" means an area to which access is neither limited nor controlled by the licensee or reg-istrant. For purposes of these regulations, "uncontrolled area" shall be considered an equivalent term.
(f) "Useful beam" means the part of the radiation that passes through a window, aperture, cone, or other col-limating device. (Authorized by K.S.A. 48-1607; imple-menting K.S.A. 2017 Supp. 48-1603 and K.S.A. 48-1607; effective Dec. 30, 2005; amended May 4, 2018.)
28-:15-140. Exemptions. (a) Carriers. Each common carrier, each contract carrier, each freight forwarder, and each U.S. postal service carrier that only transports or stores radioactive material in the regular course of car-riage or storage shall be exempt from parts 3, 4, 6, 71 10, 11, and 12 of these regulations and from K.A.R. 28-35-700.
(b) U.S. department of energy contractors and U.S. nu-clear regulatory commission contractors. Each U.S. depart-ment of energy contractor or subcontractor and each U.S.
nuclear regulatory commission contractor or subcontrac-tor operating in Kansas shall be exempt from these regu-lations to the extent that the contractor or subcontractor, under the contract, receives, possesses, uses, tr,:msfers, or acquires sources of radiation and if the contractor or sub-contractor is included in one of the following categories:
(1) Prime contractors performing work for the U.S. de-partment of energy at sites owned or controlled by the U.S.
government, including the transportation of sources of radi-ation to or from these sites and the performance of contract services during temporary interruptions of transportation; (2) prime contractors of the U.S. department of energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components of atomic weapons; (3) prime contractors of the U.S. department of energy using or operating nuclear reactors or other nuclear de-vices in a U.S. government-owned vehicle or vessel; and (4) any other prime contractor or subcontractor of the U.S. department of energy or the U.S. nuclear regulatory commission if the secretary determines that, under the terms of the contract or subcontract, there is adequate as-surance that the work can be accomplished without un-due risk to the public health and safety. (Authorized by and implementing K.S.A. 48-1607; effective Jan. 1, 1970; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985; amended May 4, 2018.)
28-:15-177i1. General licenses; source material. (a) A general license is hereby issued authorizing commercial and industrial firms, research, educational, and medical institutions, and federal, state, and local government agencies to receive, possess, use, and transfer uranium and thorium, in their natural isotopic concentrations and in the form of depleted uranium, for research, develop-ment, educational, commercial, or operational purposes in any of the following forms and quantities:
(1) Uranium and thorium in the following quantities and forms:
(A) Not more than 1.5 kg (3.3 lb) of uranium and tho-rium in dispersible forms, including gases, liquids, and powders, at any one time. All material processed by the general licensee that alters the chemical or physical form of the material containing source material shall be ac-counted for as a dispersible form. A person authorized to possess, use, and transfer source material under this paragraph shall not receive more than a total of 7 kg (15.4 lb) of uranium and thorium in any one calendar year; and (B) not more than 7 kg (15.4 lb) of uranium and thori-um at any one time. A person authorized to possess, use, and transfer source material under this paragraph shall not receive more than 70 kg (154 lb) of uranium and tho-rium in any one calendar year. A person shall not alter the chemical or physical form of the source material pos-sessed under this paragraph unless the source material is accounted for under the limits of paragraph (a)(l);
(2) not more than 7 kg (15.4 lb) of uranium, removed during the treatment of drinking water, at any one time.
A person shall not remove more than 70 kg (154 lb) of uranium from drinking water during a calendar year un-der this paragraph; or (3) not more than 7 kg (15.4 lb) of uranium and thorium at laboratories for the purpose of determining the con-centration of uranium and thorium contained within the material being analyzed at any one time. A person autho-rized to possess, use, and transfer source material under this paragraph shall not receive more than 70 kg (154 lb) of source material in any one calendar year.
(b )(1) Each person who receives, possesses, uses, or trans*
fers source material in accordance with the general license in subsection (a) shall be prohibited from the following:
(A) Administering source material, or the radiation from the source material, either externally or internal-ly, to human beings except as authorized by a specific license issued by the department; (B) abandoning the source material. Source material may be disposed of as follows:
(i) A cumulative total of 0.5 kg (1.1 lb) of source mate-rial in a solid, nondispersible form may be transferred each calendar year by a person authorized to receive, possess, use, and transfer source material under the general license to persons receiving the material for per-manent disposal. The recipient of source material trans-ferred under this paragraph shall be exempt from the requirements to obtain a license under part 3 of these regulations to the extent that the source material is per-manently disposed of. This exemption shall not apply to any person who is in possession of source material under a specific license issued by the department; or (C(lllfimwd)
Vol. 37, No. 16, April 19, 2018
332 Kansas Register Regulations (ii) source material may be disposed in accordance with K.A.R. 28-35-190a; and (C) exporting the source material to another country except in accordance with a license issued by the nuclear regulatory commission (NRC).
(2) Each person specified in paragraph (b)(l) shall respond to each written request from the department to provide information relating to the general license within 30 calendar days of the date of the request or other time specified in the request. If the person cannot provide the requested information within the required time, the person shall, within the same time period, re-quest a longer period to supply the information by pro-viding the department with a written justification for the request.
(c) Each person who receives, possesses, uses, or trans-fers source material in accordance with subsection (a) shall minimize contamination of the facility and the en-vironment. When activities involving source material are permanently ceased at any site, if evidence of significant contamination is identified, the general licensee shall no-tify the department about the contamination and may consult with the department regarding the appropriate-ness of sampling and restoration activities to ensure that any contamination or residual source material remain-ing at the site where source material was used under this general license is not likely to result in exposures that exceed the limits in these regulations.
(d) Each person who receives, possesses, uses, or transfers source material in accordance with the gen-eral license granted in subsection (a) shall be exempt from parts 4 and 10 of these regulations to the extent that the receipt, possession, use, and transfer are within the terms of this general license, except that the person shall meet the requirements of paragraph (b)(t )(B) and subsection (c). This exemption shall not apply to any person who also holds il specific license issued by the department.
(e) No person shall initially transferor distribute source material to persons generally licensed under paragraph (a)(l) or (2) or equivalent regulations of an agreement state, unless authorized by a specific license issued by the NRC or equivalent provisions of an.igreement state. This subsection shall not apply to analytical laboratories re-turning any processed sample to the client who initially provided the sample. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended Dec. 30, 2005; amended July 27, 2007; amended May 4, 2018.)
2S-:1:i-178i. General licenses for certain units of radium-226. (a) Subject to the limitations in subsections (b), (c) and (d), a general license is hereby issued to any person to acquire, possess, use, and transfer radium-226 contained in the following products if manufactured be-fore the effective date of this regulation:
(1) Antiquities originally intended for use by the gen-ernl public. For the purposes of this paragraph, "antiq-uities" shall mean products originally intended for use by the general public and distributed in the late 19th and early 20th centuries, including radium eman.itor jars, re-vigators, radium water jars, radon generators, refrigera-tor cards, radium bath salts, and healing pads; (2) intact timepieces containing more than 0.037 mega-becquerel (1 microcurie), nonintact timepieces, and time-piece hands and dials no longer installed in timepieces; (3) luminous items installed in air, marine, or land ve-hicles; (4) all other luminous products not listed in this sub-section, if not more than 100 items are used or stored at the same location at any one time; and (5) small radium sources containing not more than 0.037 megabecquerel (1 microcurie) of radium-226.
(b) A person shall not acquire, possess, use, or transfer radium-226 pursuant to the general license issued in sub-section (a) until the person has filed form RH-37 with the secretary and has received from the secretary a validated copy of the form, with a certification number assigned.
Each person filing il form RH-37 sh.ill provide all the in-formation required by that form.
(c) E.ich person who acquires, receives, possesses, uses, or transfers by-product material in accordance with the general license issued in subsection (a) sh.ill meet the fol-lowing requirements:
(1) Notify the dep.irtment of any indic.ition of possi-ble damage to the product that indicates a potential loss of the radioactive material. A report containing a brief description of the event and the remedial action taken shall be provided to the department within 30 days of the incident; (2) not abandon any products containing radium-226.
The product and any radioactive material from the prod-uct shall be disposed of only according to K.A.R. 28 165 or by tr.insfer to a person authorized by il specific license to receive the radium-226 in the product or as oth-erwise approved by the department; (3) not export any products containing radium-226 ex-cept in accordance with K.A.R. 28-35-178b; (4) dispose of any products containing radium-226 at
.i disposal facility authorized to dispose of radio.ictive m<1terial in accordance with any federal or st.ite solid or hazardous waste law, including the solid waste dispos.il act of 1965, 42 U.S.C. 6901 through 6992k as amended, as authorized under 42 U.S.C. 15801 et seq., by transfer to il person authorized to receive radium-226 by a specific license issued under K.A.R. 28-35-1 SOa or equiv.ilent reg-ulations of an agreement state, or as otherwise approved by the dep.irtment; and (5) respond to any written request from the depart-ment to provide information relating to the general license within 30 calendar days of the date of the re-quest or other time specified in the request. If the gen-eral licensee cannot provide the requested information within the allotted time, that licensee shall, within that same time period, request a longer period to supply the information by submitting il letter to the department and shall provide written justification as to why the per-son cannot comply.
(d) Each general licensee under this regulation shall file with the secretary a written report of any changes in the information filed in form RH-37. The report sh.ill be furnished within 30 days after the effective date of the change.
(e) Each general licensee under this regulation shall be exempt from the requirements of parts 4 and 10 of these Cl l(*n.., Som:t*ry of St*t* 2016 Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 333 regulations with respect to the radioactive material cov-ered by the general license.
(f) The general license specified in subsection (a) shall not authorize the manufacture, assembly, disassembly, repair, or import of any products containing radium-226, except that timepieces may be disassembled and repaired.
(g) Any general licensee under this regulation who is an individual member of the public may submit an appli-cation to the department for a waiver from the general li-cense fee prescribed in K.A.R. 28-35-147a. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec.
11, 1985; effective May 1, 1986; amended May 4, 2018.)
28-!J5-1 7Ua. Application for specific license; re-newal or amendment. (a) Any person may file a written application with the secretary for a specific license to ac-quire, possess, use, or transfer radioactive material. Each person shall file a written application with the secretary to renew or amend any specific license. Each application for a specific license, or a renewal or an amendment of an existing license, shall be submitted on the appropriate form furnished by the secretary. Each person filing an application shall provide all the information requested on the application form, and any additional relevant in-formation requested by the secretary.
(b) Each application filed with the secretary shall be signed by the applicant or licensee, or by a person autho-rized to act for or on behalf of the applicant or licensee.
(c) Any application may incorporate, by reference, information provided in applications, reports, or other documents previously filed with the secretary. Each ref-erence to information previously filed with the secretary shall be clear and specific.
(d) Any application for a specific license may include a request for a license authorizing activity at one or more installations or locations.
(e) Except as provided in subsections (f), (g), and (h),
each application for a specific license to use radioactive material in the form of a sealed source or in a device that contains the seuled source shull include either of the following:
(1) Identification of the sealed source or device by man-ufacturer and model number as registered with the de-partment, nuclear regulatory commission (NRC), or iln agreement state; or (2) sufficient information ubout the design, manufac-ture, prototype testing, quulity control program, label-ing, proposed uses, ilnd leak testing to provide reason-able ussurance that the radiation safety properties of the sealed source or device ilre adequate to protect health and minimize danger to life and property. For a device, the application shall also include sufficient information about installation, service and maintenance, operating and safety instructions, and potential hazards, to provide reasonable assurance that the radiation safety properties of the sealed source or device are adequate to protect health and minimize danger to life and property.
(f) For any seuled source or device manufactured before October 23, 2012 that is not registered with the department, NRC, or an agreement state and for which the applicant is unable to provide the informa-tion specified in this regulation, the application shall include the following:
(1) All available information specified in K.A.R. 28 181e, concerning the sealed source, and, if applicable, the device; and (2) sufficient additional information to demonstrate reasonable assurance that the radiation safety properties of the sealed source or device are adequate to protect health and minimize danger to life and property. The in-formation shall include a description of the sealed source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of the most recent leak test.
(g) For sealed sources and devices allowed to be dis-tributed without the registration of safety information as required in this regulation, the applicant may supply only the nume of the manufacturer, model number, and radionuclide quantity.
(h) If it is not feasible to identify each sealed source and device individually, the applicant may propose con-straints on the number and type of sealed sources and devices to be used and the conditions under which the sealed sources and devices will be used, instead of iden-tifying each sealed source and device. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec.
11, 1985; effective May 1, 1986; amended May 4, 2018.)
28-:S5-180a. General requirements for the issuance of specific licenses. Each appliciltion for il specific license shall be approved only if the application meets the re-quirements of these regulations.
(a) Each applicant shall be required to be qualified by reason of training and experience to use the material in question for the purpose requested, in accordance with these regulations, and in a manner that will protect pub-lic health and safety and the environment.
(b) The proposed equipment, facilities, and procedures used by each applicant shall protect public health and safety and the environment.
(c) A specific license shall be approved only if the sec-retary determines that the license is protective of public health and safety and the environment.
(d) Each applicant shall meet the requirements in these regulations for the particular license sought.
(e)(l) Each application for a license for commercial waste disposal, source material milling, or uny other op-eration that the secretary determines will affect the en-vironment shall meet the requirement specified in this paragraph. Each application shall include information that permits the secret.iry to weigh the environmental.
economic, technical, and other benefits against the envi-ronmentul costs und alternatives to ensure the protection of public health and safety and the environment.
(2) The approval of each application specified in para-graph (e)(l) shall be based upon the following:
(A) The information specified in paragraph (e)(l) and other information as necessary; and (B) the information required by 10 C.F.R. 51.45, as in effect on April 30, 1992.
(f) Each applicant shall be authorized to begin con-struction only after the issuance of the license. Com-mencement of construction before issuance of the license shall be grounds for denial of the license applicution.
"Commencement of construction," as used in this reg-frm1ti1111i:d)
Vol. 37, No. 16, April 19, 2018 C K.1nsn S1trrd,1ry of Slatit 2018
334 Kansas Register Regulations ulation, shall mean any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site.
(g) Each applicant for a license, other than a renewal, shall describe in the application how the facility design and procedures for operation will minimize, to the ex-tent practicable, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practicable, the generation of ra-dioactive waste.
(h) Each licensee who manufactures a nationally tracked source shall assign a unique serial number to each nationally tracked source manufactured by the licensee. Each serial number shall be composed only of alphanumeric characters.
(i) Each licensee shall conduct operations to minimize the introduction of residual radioactivity into the facility out to the site boundary, including the subsurface, in ac-cordance with the existing radiation protection require-ments and radiological criteria for license termination in these regulations. (Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended Sept. 20, 1993; amended Nov. 1, 1996; amended Dec. 30, 2005; amended July 27, 2007; amended May 4, 2018.)
28-:15-18811. Financial assurance for decommission-ing. (a) Each applicant for a specific license authorizing the possession and use of unsealed radioactive material with a half-life greater than 120 days and in quantities exceeding 105 times the applicable quantities specified in K.A.R. 28-35-201 shall submit a decommissioning fund-ing plan as described in subsection (e) of this regulation.
Each applicant shall also submit the decommissioning funding plan if a combination of isotopes is involved and if R divided by 105 is greater than one, where R is defined here as the sum of the ratios of the quantity of each iso-tope to the applicable value specified in K.A.R. 28-35.201.
(b) Each applicant for a specific license authorizing the possession and use of radioactive material with a half-life greater than 120 days and in quantities specified in table I shall submit either of the following:
(1) A decommissioning funding plan as described in subsection (e); or (2) a certification that financial assurance for decom-missioning has been provided in the amount prescribed by table I, using one of the methods described in subsec-tion (f). The certification may state that the appropriate assurance is to be obtained after the application has been approved and the license has been issued, but before the receipt of licensed material. If the applicant defers execu-tion of the financial instrument required under subsec-tion (f) until after the license has been issued, a signed original of the financial instrument shall be submitted to the department before the applicant receives the licensed material. If the applicant does not defer execution of the financial instrument required under subsection (f), the applicant shall submit to the department, as part of the certification, a signed original of the financial instrument.
(c) Each holder of a specific license that is a type sped*
fied in subsection (a) or (b) shall provide financial assur-ance for decommissioning in accordance with the follow-ing requirements:
(1) Each holder of a specific license that is a type spec-ified in subsection (a) shall submit a decommissioning funding plan as specified in subsection (e) or a certifi-cation of financial assurance for decommissioning in an amount equal to at least $1,125,000.00. Each licensee shall submit the plan or certification to the department in ac-cordance with the criteria specified in this regulation. If the licensee submits a certification of financial assurance rather than a decommissioning funding plan, the licens-ee shall include a decommissioning funding plan in any application for license renewal.
(2) Each holder of a specific license that is a type spec-ified in subsection (b) shall submit a decommissioning funding plan as specified in subsection (e) or a certifi-cation of financial assurance for decommissioning. Each licensee shall submit the plan or certification to the de-partment, in accordance with the requirements specified in this regulation.
(d) The amounts of financial assurance required for decommissioning, by quantity of material, shall be those specified in table I.
Table I Financial assurance for decommissioning by quantity of material If lhc possession limil is greater lhan 10' bul less lhan or CtJual to 10' limes the applicable qu.intilics specified in KAR. 28-35-201, in unsc.ilcd form.. -.
Sl,J:!S,00000 For a combinalion of isolopcs, in unscaled form, if R, as Jcfined in subsection (a), divided b,* 101 i~
greater than one, but R divided by J()i is equal to or les.~ than one............................................,.. -.........
Sl,125,00D no If lhe po:;sL>ssion limit is grcaler than 101 but less than or equal lo H>' times lhc applicablet1uanlities specified in KAR. 28-35-201, in unseak-d form.....
S2;?5,000 00 1:ur a combinaliun of isulopes, in unscaled form, if R, as defined in subSt.-ction (a), divided by IO' is grealer than one, but R divided by 10' is less than or c,1ual In one......................,..................................
$225,000.00 If lhe possession limit is gre.-iler lh.-in 10 times the applicablequanlitics spedfied in KAR. 28*35*Wl, in scaled source~ or foils...........................................
S113,!JOO.OO For a combinalion of isotopes. in SL'aled sourc(!5or foils, if R. as defined in subsection (a), divided by 1011' is greater lh,m nne............................... n... n.....
Sl 13,000.00 (e) Each decommissioning funding plan shall contain the following:
(1) A cost estimate for decommissioning in an amount including the following:
(A) The cost of an independent contractor to perform all decommissioning activities; (B) the cost of meeting the requirements for unrestrict-ed use specified in K.A.R. 28-35-205. However, if the ap-plicant or licensee can demonstrate the ability to meet the provisions of K.A.R. 28-35-205a, the cost estimate may be based on meeting the requirements in K.A.R. 28-35-205a; (C) the volume of on-site subsurface material contain-ing residual radioactivity that will require remediation to meet the requirements for license termination; and (D) a contingency factor; (2) identification of and justification for using the key as-sumptions contained in the decommissioning cost estimate;
~ K*=* Sccret*ry of St,te 201H Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 335 (3) a description of the method of ensuring funds for decommissioning from subsection (f), including means for adjusting cost estimates and associated funding lev-els periodically over the life of the facility; (4) a certification by the licensee thilt finilncial assur-ance for decommissioning has been provided in the amount of the cost estimate for decommissioning; (5) a signed original of the financial instrument ob-tained to satisfy the requirements in subsection (f); and (6) at the time of license renewal and at intervals not longer than three years, the decommissioning funding plan with adjustments necessary to account for ch.mg-es in costs and the extent of contamination. The amount of financial assurance shall not be reduced without first obtaining the approval of iln updilted decommissioning funding plan. The decommissioning funding plan shall update the information submitted with the original or prior approved plan and shall specifically consider the effect of the following events on decommissioning costs:
(A) Spills of radioilctive material producing additional residual radioactivity in on-site subsurface material; (B) waste inventory exceeding the amount previously estimated; (C) waste disposal costs exceeding the amount previ-ously estimated; (0) facility modifications; (E) changes in authorized possession limits; (F) actual remediation costs exceeding the previous cost estimate; (G) on-site disposal; and (H) use of a settling pond.
(f) Each licensee shall provide financial assurance for de-commissioning by one or more of the following methods:
(1) Prepayment. "Prepayment" shall mean the deposit of cash or liquid assets before the start of operation into a trust account acceptable to the secretary that is segregat-ed from the licensee's assets and outside of the licensee's administrative control. The deposit shall consist of an amount that is sufficient to pay decommissioning costs.
The adequacy of the trust funds shall be based on an as-sumed annual rate of return of one percent on the funds deposited into the trust.
(2) A surety instrument, insurance policy, or other guaruntee method. The licensee may use a surety instru-ment, insur.:ince policy, or other similar means to guar-
,mtee that decommissioning costs will be paid. A surety instrument may be in the form of a surety bond, letter of credit, or line of credit. A parent company's guarantee of funds for decommissioning costs based on a financial test may be used if the guarantee and test meet the require-ments of K.A.R. 28-35-203. A parent company's guaran-tee shall not be used in combination with other financial methods to meet the requirements in this regulation. A guarantee of funds by the applicant or licensee for de-commissioning costs based on a financial test may be used if the guarantee and test meet the requirements of K.A.R. 28-35-203. A guarantee by the applicant or licensee shall not be used in combination with any other financial methods to meet the requirements in this regulation or in any situation in which a parent company of the applicant or licensee holds majority control of the voting stock of the company. Each surety instrument or insurance policy used to provide financial assurance for decommissioning shall contain the following requirements:
(A) The surety instrument or insurance policy shall be open-ended or, if written for a specified term, shall be renewed automatically, unless 90 days or more before the renewal date, the insurer notifies the department, the beneficiary, and the licensee of the insurer's intention not to renew. The surety instrument or insurance policy shall also provide that the full face amount will be paid to the beneficiary automatically before the expiration without proof of forfeiture if the licensee foils to provide a re-placement that meets the requirements of this regulation within 30 days after receipt of notification of cancellation.
(B) The surety instrument or insurance policy shall be payable to an approved trust established for decommis-sioning costs. The trustee may include an appropriate state or federal agency or an entity that has the authority to act as a trustee and whose trust operations are regulat-ed and examined by a federal or state agency.
(C) The surety instrument or insurance policy shall remain in effect until the license is terminated by the department.
(3) External sinking fund. A licensee may provide fi-nancial assurance for decommissioning through an ex-ternal sinking fund in which deposits are made at least annually, coupled with a surety instrument or insurance policy. The value of the surety instrument or insurance policy may decrease by the amount accumulated in the sinking fund. "External sinking fund" shall mean a fund that meets both of the following conditions:
(A) Is established and maintained by setting aside funds periodically in an account segregated from the licensee's assets and outside the licensee's administrative control; and (B) contains.i total amount of funds sufficient to pay the decommissioning costs when termination of the op-eration is expected. An external sinking fund m.iy be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securi-ties. The surety or insurance provisions shall meet the requirements specified in this subsection.
(4) Statement of intent. Any federal, state, or local gov-ernment licensee may submit a statement of intent con-taining a cost estimate for decommissioning or an amount based on table I of this regulation and indicating that funds for decommissioning will be obtained when necessary.
(g) Each person licensed under subsections (a) through (f) sh.ill keep records of all information that is relevant to the safe and effective decommissioning of the facility. The records shall be kept in an identified location until the li-cense is terminated by the department. If records of rele-vant information are kept for other purposes, the licensee may refer to these records.ind the location of these records within the records kept pursuant to this subsection.
(h) Each licensee shall maintain decommissioning re-cords, which shall consist of the following information:
(1) Records of spills or other unusual occurrences in-volving the spread of contamination in and around the facility, equipment, or site. These records may be limited to records of instances in which contamination remains after any cleanup procedures or when there is reasonable (c!lrrli11m*d)
Vol. 37, No. 16, April 19, 2018 0 K.1ns.n Sentl.1ry of St.ate 2018
336 Kansas Register Regulations likelihood that contaminants could have spread to inac-cessible areas. These records shall include any known information identifying the nuclides, quantities, forms, and concentrations involved in the spill or occurrence; (2) drawings of the following, both as originally built and, if applicable, as modified:
(A) The structures and equipment in restricted areas where radioactive materials are used or stored, or both; and (B) the locations of possible inaccessible contamina-tion. If the licensee refers to required drawings other than those kept pursuant to this regulation, the licensee shall not be required to index each relevant document individually. If drawings are not available, the licensee shall substitute available information concerning these areas and locations; (3) a list of the following information, which shall be contained in a single document and updated every two years:
(A) All areas designated and formerly designated as restricted areas; (B) all areas outside of restricted areas that require the documentation specified in this subsection; (C) all areas outside of restricted areas where current and previous wastes have been buried and documented as specified in K.A.R. 28-35-227j; and (D) all areas outside of restricted areas that contain ma-terial so that, if the license expired, the licensee would be required either to decontaminate the area to unrestrict-ed release levels or to apply for approval for disposal as specified in K.A.R. 28-35-225a.
Those areas containing sealed sources only shall not be included in the list if the sources have not leaked, no con-tamination remains in the area after any leak, or the area contains only radio.ictive materials having half-lives of less than 65 days; and (4) the following records:
(A) Records of the cost estimate performed for the de-commissioning funding plan or records of the amount certified for decommissioning; and (B) if either a funding plan or certification is used, re-cords of the funding method used for assuring funds.
(i) Eilch applicant for il specific license shall make avail-able a long-term care fund necessary to provide for the long-term surveillance and care of the radioactive materi-al or waste. Each applicant for any of the following types of specific licenses shall establish the long-term care fund before the issuance of the license or before the termina-tion of the license if the applicant chooses, by providing a surety instrument in lieu of a long-term care fund:
(1) Waste-handling licenses; (2) source material milling licenses; and (3) licenses for any facilities formerly licensed by the U.S. atomic energy commission or the nuclear regulatory commission (NRC), if required.
(j)(l) Each applicant shall agree to notify the depart-ment, in writing, immediiltely following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of title 11, bankruptcy, of the United States code by or against any of the following:
(A) The licensee; (B) any person controlling the licensee or listing the li-cense or licensee as property of the estate; or (C) any affiliilte of the licensee.
(2) The bankruptcy notification shall indicate the fol-lowing:
(A) The name of the bankruptcy court in which the pe-tition for bilnkruptcy was filed; and (B) the date on which the petition was filed. (Autho-rized by and implementing K.S.A. 48-1607; effective Dec. 30, 2005; amended March 18, 2011; amended May 4, 2018.)
28-:15-18111. Specific licenses to manufacture and distribute the devices specified in K.A.R. 28-35-178b.
An application for a specific license to manufacture and distribute one or more of the devices specified in K.A.R. 28-35-178b shall not be approved unless the ap-plicant meets the requirements of subsections (a) and (b) of this regulation in addition to meeting all of the ildditional applicable requirements specified in these regulations.
(a) Each applicant shilll submit informiltion about the design, manufacture, prototype testing, quillity control, lilbels, proposed uses, installiltion, servicing, leak testing, opernting and safety instructions, and potential hazards of the device to provide reasonable assurance that the following conditions ilre met:
(1) The device can be safely operated by individuals not having training in radiological protection; (2) under ordinary conditions of handling, storage, and use of the device, the radioactive material contained in the device will not be released or inadvertently removed from the device, and it is unlikely that any individual will receive il dose in excess of 10 percent of the limits specified in K.A.R. 28-35-212a; and (3) under ilccident conditions, including fire and explo-sion, associated with handling, storage, and use of the device, it is unlikely that any individual will receive an external radiation dose or dose commitment in excess of the following organ doses:
(A) Whole body; head and trunk; active 15 rems blood-forming organs; gonads; or lens of eye (B) Hands and forearms; feet and ankles; localized areas of skin averaged over ar-eas no larger than 1 square centimeter (C) Other organs 200 rems 50 rems.
(b)(1) Each device shall bear a durable, legible, dearly visible lilbel or labels that contain, in clearly identified and separate statements, the following information:
(A) Instructions and precilutions necessary to ensure safe installation, operation, and servicing of the device.
Operating and service manuals mil}' be identified in the label and used to provide this information; (B) specification of whether or not leak testing or test-ing of ilny on-off mechanism and indicator is required.
The information shall include the maximum allowable time intervals between tests and shall identify the radio-active material by isotope, quantity of radioactivity, and date thilt the quantity was determined; and (C) the information required in one of the following statements, ilS appropriate, in the same or a substantfally similar form:
0 K.inut S~c~Ury nf Sl~te, 2Dll Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 337 (i) "The receipt, possession, use, and transfer of this device, model seri.il no.
are subject to a general license or the equiv.ilent and the regulations of the U.S. nuclear regulatory commission or.i state with which the U.S. nuclear regulatory commission has en-tered into an agreement for the exercise of regulatory authority. This l.ibel shall be maint.iined on the device in a legible condition. Removal of this label is prohibited.
CAUTION-RADIOACTIVE MATERIAL (Name of manufacturer or distributor)"; or (ii) "The receipt, possession, use, and transfer of this device, model serial no.
are subject to a general license or the equivalent, and the regulations of a licensing state. This label shall be maintained on the device in a legible condition. Removal of this label is pro-hibited.
CAUTION-RADIOACTIVE MATERIAL (Name of manufacturer or distributor)"
(2) The model, serial number, and name of the manu-facturer or distributor may be omitted from the require-ments specified in paragraphs (b)(l )(C)(i) and (ii) if the information is elsewhere specified in labeling affixed to the device.
(3) Each device having a separate source housing that provides the primary shielding for the source shall also bear, on the source housing, a durable label containing the device model number and serial number, the iso-tope and qu.intity, the words "Caution -
Radioactive Material," the radiation symbol described in part 4 of these regulations, and the name of the manufacturer or initial distributor.
(4) Each device containing at least 370 Mbq (10 mCi) of cesium-137, 3.7 Mbq (0.1 mCi) of strontium-90, 37 Mbq (1 mCi) of americiumr241 or any other transuranic element based on the activity indicated on the label shall meet the following criteria:
(A)(i) Bear a permanent label.iffixed to the source housing if the source housing is separable, including the words "Caution - Radioactive Material"; or (ii) bear a permanent l.ibel.iffixed to the device if the source housing is not separable, including the words "Caution - Radioactive Material"; and (B) if practicable, bear the radiation symbol described in part 4 of these regulations.
(c) If the device is required to be tested at intervals Ion*
ger than six months, either for proper operation of the on-off mech,mism and indicator, if any, or for leakage of radioactive material, or for both, the applicant shall in-clude in the application sufficient information to demon-strate that the longer interval is justified by the perfor-mance characteristics of the device or of similar devices and by design features that have a significant bearing on the probability or consequences of leakage of radioactive material from the device or failure of the on-off mech-anism and indicator. In determining the acceptable in-terval for the test for leakage of radioactive material, the applicant shall address the following in the application:
(1) The primary containment of the source capsule; (2) protection of the primary containment; (3) the methods of sealing the primary containment; (4) the containment construction materials; (5) the form of contained radioactive material; (6) the maximum temperature withstood during pro-totype tests; (7) the maximum pressure withstood during prototype tests; (8) the maximum quantity of contained radioactive material; (9) the radiotoxicity of contained radioactive material; and (10) any prior operating experience with identical de-vices or similarly designed and constructed devices.
(d) If the general licensee under K.A.R. 28-35-178b, or under equivalent regulations of an agreement state, is authorized to install the device, collect the sample to be analyzed by a specific licensee for leakage of radioactive material, service the device, test the on-off mechanism and indicator, or remove the device, the applicant shall include in the application the written instructions to be followed by the general licensee, the estimated calendar-quarter doses associated with each operation, and the bases for the estimates. The submitted information shall demonstrate that performance of the specified operations by an individual untrained in radiological protection, in addition to other handling, storage, and use of devices under the general license, is unlikely to cause that indi-vidual to receive a dose in excess of 10 percent of the an-nual limits specified in part 4 of these regulations.
(e) Each device shall be listed on the nuclear regulato-ry commission's sealed source.ind device registry. (Au-thorized by and implementing KS.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effecti,*e May 1, 1986; amended Dec. 30, 2005; amended May 4, 2018.)
28-:15* UU i. Special license to manufacture, dis-tribute, assemble, or repair luminous safety devices for use in aircraft. Each applicant for a specific license to manufacture, assemble, or repair luminous safety de-vices containing tritium or promethium-147, for use in aircraft, and to distribute these devices to persons gener-ally licensed under KA.R. 28-35-178d shall meet the re-quirements of 10 C.F.R. 32.53, 32.54, 32.55, and 32.56, as in effect on December 2, 2015, which are hereby adopted by reference, except that wherever the term "commis-sion" appears within the text of the federal regulations adopted by reference in this regulation, that term shall be replaced with the term "department." (Authorized by and implementing KS.A. 48-1607; effective, T-86-37, Dec.
11, 1985; effective May 1, 1986; amended May 4, 2018.)
28-!15-18 J k. Specific licenses to manufacture and distribute ice detection devices. Each applicant for a specific license to manufacture ice detection devices and to distribute those devices to persons generally licensed under K.A.R. 28-35-178g shall meet the requirements of 10 C.F.R. 32.61 and 32.62, as in effect on December 2, 2015, which are hereby adopted by reference, except (co11ti11m*tf)
Vol. 37, No. 16, April 19, 2018 C) K,n,., S.<ttl*ry nf Sl*I* 2018
338 Kansas Register Regulations that wherever the term commission" appears within 10 C.F.R. 32.61, that term shall be replaced with the term "department." (Authorized by and implementing K.S.A.
48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended May 4, 2018.)
28-:1:;.J 8 Im. Specific licenses to manufacture, pre-pare, or distribute radiopharmaceuticals containing ra-dioactive material for medical use. An application for a specific license to manufacture, prepare, or distribute ra-diopharmaceuticals containing radioactive material and used by persons as specified in part 6 of these regulations shall not be approved unless the applicant meets the re-quirements of this regulation and all other applicable re-quirements of these regulations.
(a) Each applicant shall meet the requirements in K.A.R. 28-35-180a.
(b) Each applicant shall submit evidence of either of the following:
(1) The radiopharmaceutical containing radioactive material is subject to the federal food, drug and cosr metic act or the public health service act and will be manufactured, labeled, and packaged in accordance with a new drug application (NDA) approved by the food and drug administration (FDA), a biologic prod-uct license issued by the FDA, or a "notice of claimed investigational exemption for a new drug" (IND) ac-cepted by the FDA.
(2) The manufacture and distribution of the radiophar-maceutical containing radioactive material is not subject to the federal food, drug, and cosmetic act or the public health service act.
(c) Each applicant shall submit evidence of at least one of the following:
(1) The applicant is registered or licensed with the U.S.
food and drug administration as a drug manufacturer.
(2) The applicant is registered or licensed with a state agency as a drug manufacturer.
(3) The applicant is licensed as a pharmacy by the st.ite board of pharmacy.
(4) The applicant is operating as a nuclear pharmacy within a federal medical institution.
(5) The applicant is opernting a positron emission to-mography (PET) drug production facility.
(d) Each applicant shall submit the following informa-tion on the radionuclide:
(1) The chemical and physical form of the material; (2) the packaging in which the radionuclide is shipped, including the maximum activity per package; and (3) evidence that the shielding provided by the packag-ing of the radioactive material is appropriate for the safe handling and storage of radiopharrnaceuticals by group licensees.
(e)(l) Each applicant shall submit a description of the following:
(A) A label that shall be affixed to e.ich transport radi-ation shield, whether the shield is constructed of lead, glass, plastic, or other material, of a radioactive drug to be transferred for commercial distribution. The label shall include the following:
(i) The radiation symbol and the words "CAUTION -
RADIOACTIVE MATERIAL" or "DANGER -
RADIO-ACTIVE MATERIAL";
(ii) the name of the radioactive drug and the abbrevi-ation; and (iii) the quantity of radioactivity at a specified date and time. For radioactive drugs with a half-life greater than 100 days, the time may be omitted; and (B) a label that shall be affixed to each syringe, vial, or other container used to hold a radioactive drug to be transferred for commercial distribution. The label shall in-clude the radiation symbol and the words "CAUTION -
RADIOACTIVE MATERIAL" or "DANGER -
RADIO-ACTIVE MATERIAL" and an identifier that ensures that the syringe, vial, or other container can be correlated with the information on the transport radiation shield label.
(2) The labels, leaflets, or brochures required by this regulation shall be made in addition to the labeling re-quired by the FDA. The labels, leaflets, or brochures may be separate from the FDA labeling, or with the approval of the FDA, the labeling may be combined with the label-ing required by the FDA.
(f) All of the following shall apply to each licensee de-scribed in paragraph (c)(3) or (c)(4), or both:
(1) The licensee may prepare radioactive drugs for med-ical use, if each radioactive drug is prepared by either an authorized nuclear pharmacist, as specified in paragraphs (2) and (4) of this subsection, or an individual under the supervision of an authorized nuclear pharmacist.
(2) The licensee may allow a pharmacist to work as an authorized nuclear pharmacist if at least one of the fol-lowing conditions is met:
(A) The pharmacist meets the requirements in 10 C.F.R. 35.SS(b) and 35.59 as adopted by reference in K.A.R. 28-35-264, and the licensee has received an approved license amendment identifying this individual as an authorized nuclear pharmacist.
(B) The pharmacist is designated as an authorized nu-clear pharmacist in accordance with paragraph (4) of this subsection.
(3) The actions authorized in paragraphs (1) and (2) of this subsection shall be permitted in spite of more restric-tive language in license conditions.
(4) The licensee may designate a pharmacist as an au-thorized nuclear pharmacist if at least one of the follow-ing conditions is met:
(A) The individual was a nuclear pharmacist preparing only radioactive drugs containing accelerator-produced radioactive material.
(B) The individual practiced at a government agency or federally recognized Indian tribe pharmacy before No-vember 30, 2007 or at any other pharmacy before August 8, 2009.
(5) Each licensee shall provide a copy of the state phar-macy license or registration for an individual to work as an authorized nuclear pharmacist and one of the follow-ing documents to the department:
(A) The individual's certification by a specialty board whose certification process has been recognized as spec-ified in 10 C.F.R. 35.55(a), as adopted by reference in K.A.R. 28-35-264; (8) a department, NRC, or agreement state license list-ing the individual as an authorized nuclear pharmacist; (C) an NRC master materials licensee permit listing the individual as an authorized nuclear pharmacist; 0 K.1ns.n 5t"c~1.1ry af St.1t~ 2018 Vol. 37, No.16, April 19, 2018
Regulations Kansas Register 339 (0) a permit issued by a licensee of broad scope or an NRC master materials permittee or the authorization from a commercial nuclear pharmacy that is authorized to list its own authorized nuclear pharmacist; or (E) documentation that only accelerator-produced ra-dioactive materials were used in the practice of nucleilr pharmacy at a government ilgency or federally recog-nized Indian tribe before November 30, 2007 or at all other locations of use before August 8, 2009, or an eilr-lier date noticed by the NRC as permitted by 10 C.F.R. 35.13(b)(5).
(g) Each licensee shall possess and use instrumentation to measure the radioactivity of radioactive drugs. Each licensee shall have procedures for using the instrumenta-tion. Each licensee shall measure, by direct measurement or by combination of measurements and calculations, the amount of radioactivity in dosages of alphil-, beta-,
or photon-emitting radioactive drugs before transfer for commerciill distribution. Each licensee shall meet the fol-lowing requirements:
(1} Perform tests before initial use, periodically, and fol-lowing repair on each instrument for accuracy, linearity, and geometry dependence, as appropriate for the use of the instrument, and make adjustments if necessary; and (2) check each instrument for constancy and proper op-eration at the beginning of each day of use.
(h) Eilch application from a medical facility, an educa-tionill institution, or a federal facility to produce positron emission tomography (PET) rildioactive drugs for non-commercial transfer to licensees within the applicant's consortium authorized for medical use under part 6 of these regul.1tions or equivalent agreement state require-ments shall include the following:
(1) A request for authorization for the production of PET radionudides or evidence of an existing license issued under these regulations or equiv.ilent NRC or agreement st.ite requirements for a PET radionuclide production focility within the applicant's consortium from which the applicant receives PET radionuclides; (2) evidence that the applicant is qualified to produce radioactive drugs for medical use by meeting the re-quirements of this regulation; (3) the name of each individual authorized to prepare PET radioactive drugs if the applicant is a pharmacy and documentation that each individual meets the require-ments of an authorized nuclear pharmacist; and (4) the name of each PET radioactive drug for produc-tion and noncommercial distribution to the applicant's consortium, including the chemical and physical form of each drug.
(i) Nothing in these regulations shall exempt the licens-ee from the requirement to comply with applicable FDA requirements and other federal and state requirements governing radioilctive drugs. (Authorized by and imple-menting K.S.A. 1607; effective, T-8~37, Dec. 11, 1985; ef-fective May 1, 1986; amended Dec. 30, 2005; amended July 27, 2007; amended March 18, 2011; amended May 4, 2018.)
2n.:1;;. J 8 Io. Specific licenses to manufacture and distribute sources and devices for use as a calibration, transmission, or reference source or for certain medical uses. (a) Each application for a specific license to man-ufacture and distribute sources and devices containing radioactive material to persons licensed ilS specified in K.A.R. 28-35-181d for use as a calibrntion, transmission, or reference source or for one or more of the uses listed in 10 C.F.R. 35.400, 35.500, 35.600, and 35.1000, as adopted by reference in K.A.R. 28-35-264, shall include the follow-ing information regarding each type of source or device:
(1) The radioactive material contained, its chemical and physical form, and amount; (2) details of design and construction of the source or device; (3) procedures for, and results of, prototype tests to demonstrate that the source or device will maintain its integrity under stresses likely to be encountered in nor-mal use and in accidents; (4) for devices containing rndioactive material, the ra-diation profile for a prototype device; (5) details of quality control procedures to ensure that the production sources and devices meet the standards of the design and prototype tests; (6) procedures and standards for calibrating sources and devices; (7) legend and methods for labeling sources ilnd devic-es as to their radioactive content; (8) radiation silfety instructions for handling and stor-ing the source or device. These instructions shall be in-cluded on a durable label attached to the source or de-vice. However, instructions that are too lengthy for the label may be summarized on the label and printed in de-tail on a brochure that is referenced on the label; (9) the label that is to be affixed to the source or device or to the permanent storage container for the source or device. The label shall contain information on the radio-nuclide, quantity, and date of assily, and a statement that the source or device is licensed by the department for distribution to persons licensed under K.A.R. 28-35-181d or under an equivalent license of the nucleilr regulatory commission (NRC) or an agreement state. Labeling for sources that do not require long-term storage may be on a leaflet or brochure that is to accompany the source; and (10) documentiltion that the source or device is listed on the nuclear regulatory commission's sealed source and device registry.
(b)(l) If the applicant wants to have the source or de-vice required to be tested for leakage of radioactive ma-terial at intervals longer than six months, the applicant shall include in the application sufficient information to demonstrate that the longer interval is justified by per-formance characteristics of the source or device, or simi-lar sources or devices, and by design features that have a significant bearing on the probability or consequences of leakage of radioactive material from the source.
(2) In determining the acceptable interval between tests for leakage of radioactive material, information thilt in-cludes the following shall be considered by the secretary:
(A) The nature of the primary containment; (B) the method for protection of the primary containment; (C) the method of sealing the containment; (D) containment construction materials; (E) the form of the contained radioactive material; (F) the maximum temperature withstood during pro-totype tests;
( co11tin11cd)
Vol. 37, No. 16, April 19, 2018
() K*n*** S<<ut*ry of St*t* 2018
340 Kansas Register Regulations (G) the maximum pressure withstood during proto-type tests; (H) the maximum quantity of contained radioactive material; (f) the radiotoxicity of contained radioactive material; and (J) the applicant's operating experience with identical sources or devices or with similarly designed and con-structed sources or devices. (Authorized by and imple-menting KS.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended July 27, 2007; amended March 18, 2011; amended May 4, 2018.)
28-:l!i-18 I*. Requirements for license to initially transfer source material for use under the small quan-tities of source material general license. (a) Each person submitting an application for a specific license to initial-ly transfer source material for use in accordance with K.A.R. 28-35-177a, or equivalent regulations of an agree-ment state or the nuclear regulatory commission (NRC),
shall meet the following requirements:
(1) Meet the general requirements specified in K.A.R.
28-35-190a; and (2) provide information documenting that the NRC approves the methods for quality control, labeling, and providing safety instructions to recipients.
(b) Each person licensed under this regulation shall meet the following requirements:
(1) Label the immediate container of each quantity of source material with the type of source material, the quanti-ty of source material, and the words "radimictive material";
(2) ensure that the quantities and concentrations of source material are labeled and indicated in any transfer records; (3) provide the following informiltion to each person to whom source milterial is transferred for use under K.A.R.
28-35-177a or equivalent regulations of an agreement state or the NRC before the source materiill is trilnsferred for the first time in each calendar year to each person:
(A) A copy of K.A.R. 28-35-177il ilnd K.A.R. 28-35-190a or relevant equivalent regulations of an agreement state or the NRC; and (8) appropriate radiation safety precautions and in-structions relating to the handling, use, storage, and dis-posal of the material; (4) report transfers ilS follows, on or before January 31 of each year covering illl transfers for the previous calen-dilr year:
(A) File il report with the department. The report shall include the following information:
(i) The name, address, and license number of the per-son who trilnsferred the source material; (ii) the name and address of the general licensee to whom source material is distributed, a responsible agent by name or position, or both, the phone number of the general licensee to whom the material was sent, and the type, physical form, and quantity of source material transferred; and (iii) the total quantity of each type and physical form of source material transferred in the reporting period to all generally licensed recipients; and (8) file il report with each agreement state or the NRC if the transfer is to a person licensed by the NRC that identifies all persons operating under provisions equivalent to K.A.R.
28-35-177a to whom more than 50 grams (0.11 lb) of source material has been transferred within a single calendar quar-ter. The report shall include the following information:
(i) The name, address, and license number of the per-son who transferred the source material; (ii) the name and address of the general licensee to whom source material was distributed, a responsible agent by name or position, or both, the phone number of the genernl licensee to whom the material was sent, and the type, physical form, and quantity of source material transferred; and (iii) the total quantity of each type and physical form of source material transferred in the reporting period to each generally licensed recipient within the agreement state; and (5) maintain all information that supports the reports required by this subsection concerning each transfer to a general licensee for one year after the transfer is included in a report to the NRC or to an agreement state.
(c) If no transfers were made to any person generally licensed under K.A.R. 28-35-177a, under an equivalent agreement state, or under NRC provisions during the period specified in paragraph (B)(4) of this regulation, a report shall be submitted to the NRC indicating that no transfers were made. If no transfers have been made to any general licensee in a particular agreement state during the reporting period, this information shall be re*
ported to the agreement state upon request of the agen-cy. (Authorized by and implementing K.S.A. 48-1607; effective May 4, 2018.)
28-:l!i-18-la. Specific conditions on all licenses. (a)
No license and no right under any license shall be.:is-signed or otherwise transferred except as authorized under the act or these regulations and approved by the secretary in writing. Each request to assign or transfer a license shall include the following:
(1) The name and the technical and finilnci.:il qu.:ilifica-tions of the proposed transferee; and (2) the financial ilssurance for decommissioning infor-mation required by K.A.R. 28-35-180b.
(b) Each person authorized under these regulations shall confine the use and possession of the radioactive material licensed to the locations and purposes autho-rized in the license.
(c) No person shall introduce radioactive material into any product or material knowing or having reason to be-lieve that the product or material will be transferred to a person exempt from these regulations under K.A.R. 28-35-192a, 28-35-192b, 28-35-192c, 28-35-192e, 28-35-192f, or 28-35-192g or the equivalent regulations of the nuclear regulatory commission (NRC) or an agreement state, ex-cept in accordance with a specific license issued under K.A.R. 28-35-181£ or the general license issued under K.A.R. 28-35-194a.
(d) Each licensee sh.ill file written notice with the secretary 30 days before vacating any facility when the licensee decides to permanently discontinue all activities involving licensed materials authorized in that facility under the license.
(e) Each licensee authorized under K.A.R. 28-35-181h to distribute devices to generally licensed persons sh.ill perform the following:
C K.an.:t.19 St>mtuy of St.alt 20J8 Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 341 (1) Report to the department all sales or transfers of those devices to persons generally licensed under K.A.R.
28-35-178b. The report shall identify each general licens-ee by name and address, the type of device transferred, and the quilntity ilnd type of rildioactive material con-tained in the device. A report shall be submitted within 90 days of the sale or transfer; and (2) furnish, to each general licensee to whom the licens-ee transfers any such device, a copy of the general license issued under K.A.R. 28-35-178b.
(f)(1) Each general licensee that is required by this part to register ilnd eilch specific licensee shall notify the de-partment, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of title 11, bankruptcy, of the United States code by or against any of the following:
(A) The licensee; (B) any person controlling the licensee or listing the li-cense or licensee as property of the estate; or (C) any affiliate of the licensee.
(2) The notification specified in paragraph (f)(1) shall indicate the following:
(A) The name of the bankruptcy court in which the pe*
titian for bilnkruptcy was filed; and (B) the date of the filing of the petition.
(g) Each portable gauge licensee shall use at least two independent physical controls that form tangible barriers to secure each portable gauge from unauthorized remov-al whenever the portable gauge is not under the control and constant surveillance of the licensee. {Authorized by and implementing K.S.A. 48-1607; effective, T-86-37, Dec.
11, 1985; effective May 1, 1986; amended Dec. 30, 2005; amended July 27, 2007; amended May 4, 2018.)
28-:15-19211. Exemptions; source material. (a) Each person who only acquires, possesses, uses, or transfers source material in any chemical mixture, compound, solution, or alloy in which the source material, by weight, is less th.in 0.05 percent of the mixture, compound, solu-tion, or alloy shall be exempt from these regulations.
(b) Each person who only acquires, possesses, uses, or transfers unrefined and unprocessed ore containing source material and does not refine or process the ore shall be exempt from these reguliltions.
(c) Each person who only acquires, possesses, uses, or transfers any of the following shall be exempt from the re-quirements for a license in part 3 of these regulations and the requirements of parts 4 and 10 of these regulations:
(1) Any qu.mtities of thorium contained in any of the following:
(A) Incandescent gas m,mtles; (B) vacuum tubes; (C) welding rods; (D) electric lamps for illuminating purposes, if each lamp does not contain more than SO milligrums of thorium; (E) germicidal lamps, sunlamps, and lamps for out-door or industrial lighting, if each lamp does not contain more than two grams of thorium; (F) rare earth metals and compounds, mixtures, and products containing not more thiln 0.25 percent thorium or uranium, or both, by weight; or (G) personnel neutron dosimeters, if each dosimeter does not contain more than 50 milligrams of thorium; (2) source material contained in any of the following:
(A) Glazed ceramic tableware, if the glaze contains not more than 20 percent source material, by weight; (B) glassware containing not more than hvo percent of source material by weight or, for glassware manufac-tured before August 27, 2013, 10 percent of source mate-rial by weight. This exemption shall not include commer-cially manufactured glass brick, pane glass, ceramic tile or other glass, or ceramic used in construction; (C) glass enamel or glass enamel frit that contains not more than 10 percent of source material, by weight, and that was imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983; or (D) piezoelectric ceramic containing not more than two percent of source material by weight; (3) photographic film, negatives, and prints containing uranium or thorium; (4) any finished product or part of a product fabricat-ed of, or containing, tungsten or magnesium-thorium al-loys if the thorium content of the alloy does not exceed four percent, by weight. The exemption contained in this paragraph shall not be deemed to authorize the chemi-cal, physical, or metallurgical treatment or processing of any product or part of a product; (5) uranium used as shielding and constituting part of any shipping container. The uranium shielding shall be conspicuously and legibly impressed with the words "CAUTION-RADIOACTIVE SHIELDING-URANI-UM" and shill! be enclosed in steel containing no more than 0.25 percent carbon, or another equally fire-resistant metal, with a minimum wall thickness of one-eighth inch (3.2 mm);
(6) thorium or uranium contained in finished optical lenses, if each lens does not contain more than 30 percent of thorium or uranium by weight or, if manufactured af-ter August 27, 2013, 10 percent of thorium or uranium by weight. The exemption in this paragraph shall not be deemed to authorize either of the following:
(A) The shaping, grinding, or polishing of the lens or any manufacturing processes other than the assembly of the lens into optical systems and devices without any al*
teration of the lens; or (B) the receipt, possession, use, or transfer of thorium or uranium cont.iined in contact lenses, or in eyeglasses, or in eyepieces in binoculars or other optical instruments; (7) uranium contained in detector heads for use in fire detection units, if each detector head cont.iins not more than 0.005 microcurie of uranium; or (8) thorium cont.iined in.iny finished aircraft engine p.irt containing nickel-thoriil alloy, if both of the follow-ing conditions are met:
(A) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide);
and (B) the thorium content in the nickel-thoriil alloy does not exceed four percent by weight.
(d)(l) Each person who acquires, possesses, uses, or transfers uranium contained in counterweights installed in aircraft, rockets, projectiles or missiles or stored or handled in connection with instilllation or removal of (wntinm*d)
Vol. 37, No. 16, April 19, 2018 OK*n*** S<crctary of 51*1* lOU
342 Kansas Register Regulations these counterweights, except counterweights manufac-tured before December 31, 1969 under a specific license issued by the atomic energy commission and impressed with the legend required by that license, shall be exempt from the requirements for a license in part 3 of these reg-ulations and the requirements of parts 4 and 10 of these regulations if both of the following conditions are met:
(A) Each counterweight has been impressed in a man-ner that is clearly legible through any plating or covering with the following words: "DEPLETED URANIUM."
(B) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the following words: "UNAUTHORIZED ALTER-ATIONS PROHIBITED."
(2) The exemption specified in this subsection shall not be deemed to authorize the chemical, physical, or metal-lurgical treatment or processing of any counterweights, other than repair or restoration of any plating or other covering.
(e)(l) No person shall initially transfer for sale or distri-bution a product containing source material to any per-sons exempt under subsections (c) and (d) or equivalent regulations of an agreement state, unless authorized by a license issued by the nuclear regulatory commission (NRC) to initially transfer the products for sale or distri-bution.
(2) Each person authorized by an agreement state to manufacture, process, or produce materials or products containing source material and each person who imports finished products or parts for sale or distribution shall be authorized by a license issued by the NRC for distri-bution only. (Authorized by and implementing K.S.A.
48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended May 4, 2018.)
28-:1:.-192C!. Exceptions; other radioactive material.
Except for persons who apply tritium, promethium-147, or radium to, or persons who incorporate tritium, promethium-147, or radium into, the products listed in this regulation, each person who only acquires, possess-es, uses, or transfers any of the following products shall be exempt from these regulations:
(a) Timepieces or hands or dials containing radium, or timepieces, hands, or dials containing not more than the fol-lowing specified quantities of other radioactive materials:
(1) 25 millicuries of tritium per timepiece; (2) 5 millicuries of tritium per hand; (3) 15 millicuries of tritium per dial. Bezels, when used, shall be considered as part of the dial; (4) 100 microcuries of promethium-147 per watch or 200 microcuries of promethium-147 per any other timepiece; (5) 20 microcuries of promethium-147 per watch hand or 40 microcuries of promethium-147 per hand on other timepieces; (6) 60 microcuries of promethium-147 per watch dial or 120 microcuries of promethium-147 per dial on oth-er timepieces. Bezels, when used, shall be considered as part of the dial. The levels of radiation from hands and dials containing promethium-147 shall not exceed the following, when measured through 50 milligrams per square centimeter of absorber:
(A) For wrist watches, 0.1 millirad per hour at 10 centi-meters from any surface; (B) for pocket watches, 0.1 millirad per hour at one cen-timeter from any surface; and (C) for any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface; and (7) for intact timepieces manufactured before Novem-ber 30, 2007, 0.037 megabecquerel (1 microcurie) of radium-226 per timepiece; (b) balances of precision containing not more than one millicurie of tritium per balance or not more than 0.5 mil-licurie of tritium per balance part manufactured before December 17, 2007; (c) marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas manufactured before December 17, 2007; (d) ionization chamber smoke detectors containing not more than one microcurie (µCi) of americium-241 per de-tector in the form of a foil and designed to protect life and property from fires; (e) electron tubes. The levels of radiation from each electron tube containing radioactive material shall not exceed one mi Iii rad per hour at one centimeter from any surface when measured through seven milligrams per square centimeter of absorber. For purposes of this sub-section, "electron tubes" shall include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pickup tubes, radiation detection tubes, and any other completely sealed tube that is designed to conduct or control elec-trical currents. An electron tube shall not contain more than one of the following specified quantities of radio-active material:
(1) 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube; (2) 1 microcurie cobalt-60; (3) 5 microcuries nickel-63; (4) 30 microcuries krypton-BS; (5) 5 microcuries cesium-137; or (6) 30 microcuries promethium-147; and (f) ionizing radiation-measuring instruments contain-ing, for purposes of internal calibration or standardiza-tion, sources of radioactive material. No source shall exceed the applicable quantity specified in K.A.R. 28*
35-197b. No single instrument shall contain more than 10 sources. For the purposes of this subsection, 0.05 µCi of Am-241 shall be considered an exempt quantity. (Au-thorized b}' and implementing K.S.A. 48-1607; effecti\\*e, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011; amended May 4, 2018.)
28-:15-192,:. Exemptions; exempt quantities. (a)
Except as provided in subsections (c) through (e), each person who acquires, possesses, uses, owns, receives, or transfers radioactive material in individual quantities that do not exceed the applicable quantity specified in KAR.
28-35-197b shall be exempt from these regulations.
(b) Each person who possesses radioactive material re-ceived or acquired before January 1, 1972 under the gen-eral license then provided in K.A.R. 28-35-178a shall be exempt from these regulations to the extent that the per-son possesses, uses, owns, or transfers that radioactive material. This exemption shall not apply to radium-226.
0 K,ns.. S<<T<l*ry ot Sl*l* lDl8 Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 343 (c) This regulation shall not authorize the production, packaging, repackaging, or transfer of radioactive mate-rial for purposes of commercial distribution, or the incor-poration of radioactive material into products intended for commercial distribution.
(d) No person shall, for purposes of commercial dis-tribution, transfer radioactive material in the individu-al quantities specified in K.A.R. 28-35-19~ ~nowing,.or having reason to believe, that those quantities of radio-active material will be transferred to a person exempt under this regulation or an equivalent regulation of the nuclear regulatory commission (NRC) or an agreement state, except in accordance with a specific license issued by the secretary under K.A.R. 28-35-181r, an equivalent regulation of the NRC, or an equivalent regulation of an agreement state.
(e) No person shall, for purposes of producing an increased radiation level, combine quantities of radio-active material covered by this exemption so that the aggregate quantity exceeds the indivi.dual quanti!ies specified in K.A.R. 28-35-197b. (Authonzed by and im-plementing K.S.A. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended March 18, 2011; amended May 4, 2018.)
2U-:15-192b. Certain industrial devices. (a) Except as specified in subsections (b) and (c), each person,~ho receives, possesses, uses, transfers, owns, or.icqu1~es any industrial device containing by-product matenal designed and manufactured for either of the following purposes shall be exempt from t~ese regulation_s:
(1) Detecting, measuring, gauging, or controlling thick-ness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition; or (2) producing an ionized atmosphere if the in?~s.trial device is manufactured, processed, produced, or 1mttally transferred in accordance with a specific license issued by the nuclear regulatory commission (NRC).
(b) Each person who manufactures, processes, produc-es, or initially transfers for sale or distribution any indus-trial device containing by-product material designed and manufactured for either of the following purposes shall be excluded from the exemption in subsection (a):
(1) Detecting, measuring, gauging, or controlling thick-ness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition; or (2) producing an ionized atmosphere.
(c) The exemption in subsection (a) shall exclude any source not incorporated into an industrial device, includ-ing calibration and reference sources.
(d) Each person who manufactures, processes, produc-es, or initially transfers for sale or distribution any indus-trial device containing by-product material for use under subsection (a) shall apply for a license and a certificate of registration from the NRC. (Authorized by and imple-menting K.S.A. 48-1607; effective May 4, 2018.)
2U-!15-197a. (Authorized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; revoked May 4, 2018.)
2U-!15-197b. Schedule B; exempt quantities of ra-dioactive material. The provisions of 10 C.F.R. 30.71, as in effect on November 30, 200i, are hereby adopted by reference, except that the word "byproduct" shall be replaced with "radioactive." (Authorized by and imple-menting K.S.A. 48-1607; effective May 4, 2018.)
28-!15-205b. Alternate criteria for license termina-tion. A license shall be terminated by the secretary using alternate criteria greater than the dose criteria specified in K.A.R. 28-35-205a only if the licensee provides all of the following information:
(a) Evidence that public health and safety and the en-vironment would continue to be protected and that it is unlikely that the dose from all man-made sources com-bined, other than medical, could be more than the limit of one millisievert per year or 100 mrem per year specified in part 4 of these regulations, by submitting an analysis of the possible sources of exposure; (b) restrictions, to the extent practical, on site use ac-cording to the provisions of K.A.R. 28-35-205a to mini-mize exposure at the site; (c) evidence that doses have been reduced to ALARA levels, taking into consideration any detriment, includ-ing any traffic accidents that could result from decontam-ination and waste disposal; (d) a decommissioning plan indicating the licensee's intent to decommission in accordance with this part and specifying that the licensee proposes to decommission by the use of alternate criteria. The licensee sh~ll do~-
ment in the decommissioning plan how the advice of m-dividuals and institutions in the community who might be affected by the decommissioning has been sought and addressed, as appropriate, following.inalysis of that ad-vice. In seeking this advice, the licensee shall provide for the following:
(1) Participation by representatives of a broad cross section of community interests who could be affected by the decommissioning; (2) an opportunity for comprehensive, collective discus-sions of the issues by the participants represented; and (3) a publicly available summary of the results of all the discussions specified in paragraph (d)(2), including a de-scription of the individual viewpoints of the participants on the issues and the extent of agreement and disagree-ment on the issues among the participants; and (e) sufficient financial assurance, as specified in K.A.R.
28-35-180b, to enable an independent third party, includ-ing a governmental custodian of a site, to assume and carry out the responsibilities for any necessary control and maintenance of the site. (Authorized by and imple-menting K.S.A. 48-1607; effective Dec. 30, 2005; amended May 4, 2018.)
28-:15-21 7b. General monitoring requirements.
{a) Each licensee or registrant shall make, or cause to be made, surveys of each area of use, including the subsur-face, that meet the following requirements:
(1) Provide measurements or evaluations demonstrat-ing compliance with these regulations; and (2) are necessary under the circumstances to evaluate the following:
(A) Radiation and radiological contamination levels; (B) concentrations or quantities of radioactive material; and (c!l11limwd, Vol. 37, No. 16, April 19, 2018
344 Kansas Register Regulations (C) the potential radiological hazards that could be present.
(b) Records from surveys describing the location and amount of subsurface residual radioactivity identified at the facility out to the site boundary shall be kept on file with records required for decommissioning.
(c) Each licensee or registrant shall ensure that instru-ments and equipment used for quantitative radiation measurements are calibrated at intervals not to exceed 12 months, for the type of radiation measured.
(d) Each licensee or registrant shall ensure that ade-quate precautions are taken to prevent a deceptive expo-sure of an individual-monitoring device.
(e) All personnel dosimeters, except for direct and in-direct reading pocket ionization chambers and those do-simeters used to measure the dose to the extremities that require processing to determine the radiation dose and are used by licensees to comply with these regulations or with conditions specified in a license, shall be processed and evaluated by a dosimetry processor that meets the following requirements:
(1) Holds current personnel dosimetry accreditation from the national voluntary laboratory accreditation pro-gram (NVLAP) of the national institute of standards and technology; and (2) is accredited for the type of radiation or radiations included in the NVLAP program that most closely ap-proximates the type of radiation or radiations for which the individual wearing the dosimeter is monitored. (Au-thorized by and implementing K.S.A. 48-1607; effective Oct. 17, 1994; amended May 4, 2018.)
28-:15-221a. Procedures for picking up, trans-porting, receiving, and opening packages. (a)(l) Each licensee or registrant who expects to receive a package containing quantities of radioactive material in excess of the type A quantities specified in K.A.R. 28-35-221b shall meet one of the following requirements:
(A) If the package is to be delivered to the licensee's or registrant's facility by the carrier, make arrangements to receive the package when it is offered for delivery by the carrier; or (B) if the package is to be picked up by the licensee or registrant at the carrier's terminal, make arrangements to receive notification from the carrier of the arrival of the package, at the time of arrival.
(2) Each licensee or registrant who picks up a package of radioactive material from a carrier's terminal shall pick up the package upon receipt of notification from the carrier of the arrival of the package.
(b) Each licensee or registrant shall ensure that ex-ternal radiation levels around any package specified in subsection (a) and, if applicable, external radiation lev-els around the vehicle transporting the package do not exceed 200 millirems per hour (2 mSv/hr) at any point on the external surface of the package or vehicle at any time during transportation. The transport index shall not exceed 10.
(c)(l) For the purpose of this subsection, "exclusive use" shall have the me.ming specified in 10 C.F.R. 71.4, dated January 1, 2015 and hereby adopted by reference.
(2) For each package specified in subsection (a) and transported in exclusive use, radiation levels external to the package may exceed the limits specified in subsection (d) but shall not exceed any of the following:
(A) 200 millirems per hour (2 mSv/hr) on the accessi-ble external surface of the package unless the following conditions are met, in which case the limit shall be 1,000 millirems per hour (10 mSv/hr):
(i) The shipment is made in a closed transport vehicle.
For the purposes of this subsection, "closed transport ve-hicle" shall mean a vehicle or conveyance equipped with a securely attached exterior enclosure that, during nor-mal transportation, restricts the access of unauthorized persons to the cargo space containing a package specified in subsection (a). The enclosure can be either temporary or permanent and, in the case of packaged materials, can be the see-through type that limits access from top, sides, and bottom; (ii) the package is secured so that its position within the dosed transport vehicle remains fixed during trans-portation; and (iii) no loading or unloading operations occur between the beginning and end of the transportation; (B) 200 millirems per hour (2 mSv/hr) at any point on the outer surface of the closed transport vehicle, includ-ing the upper and lower surfaces, or for a flatbed-style closed transport vehicle with a personnel barrier, at any point on the vertical planes projected from the outer edg-es of the closed transport vehicle, on the upper surface of the load, and on the lower external surface of the closed transport vehicle; (C) 10 millirems per hour (0.1 mSv/hr) at any point two meters from the vertical planes represented by the out-er lateral surfaces of the closed transport vehicle, or, in the case of a flatbed-style closed transport vehicle, at any point two meters from the vertical planes projected from the outer edges of the closed transport vehicle; or (D) two millirems per hour (0.02 mSv/hr) in any nor-mally occupied positions in the closed transport vehicle, except that this paragraph shall not apply to private mo-tor carriers if each person occupying any of these posi-tions in the closed transport vehicle is provided with a personnel-monitoring device and training in accordance with K.A.R. 28-35-333.
(d) Each licensee or registrant, upon receipt of any package of radioactive material, shall monitor the exter-nal surfaces of each package labeled with the U.S. depart-ment of transportation radioactive white I or radioactive yellow II or III labels, as specified in 49 C.F.R. 172.403 and 172.436-440, for radioactive contamination caused by leakage of the radioactive contents. Each licensee or registrant shall also monitor for radiation levels of each package containing quantities of radioactive materials that are equal to or more than the type A quantity spec-ified in 10 C.F.R. part 71, appendix A, which is adopted by reference in K.A.R. 28-35-221b. Each licensee or regis-trant shall monitor each package known to contain radio-active materials for radioactive contamination and radia-tion levels if there is evidence of degradation of package integrity. The monitoring shall be performed as soon as practicable after receipt, but not later than three hours after the package is received at the licensee's facility if received during the licensee's normal working hours or three hours from the beginning of the next working day
~ l<*n*u s,crct*ry., 51*1* ?018 Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 345 if received after normal working hours. The licensee or registrant shall immediately notify the final delivery car-rier and, by telephone, the department under either of the following conditions:
(1) Removable radioactive surfoce contamination ex-ceeds the following maximum permissible limits:
Contaminant Maximum Pennissible Limits Bq/cm:
uCi(cm1 dpmlcm1 Bct.i and gamma ~*milters.ind low-toxicity alpha emitters 4
10
- 220 All other alph1t-cmHting rad ionuclide1 04 10 '
22 (2) External radiation le\\*els exceed the limits specified in 10 C.F.R. part 71, appendix A, which is adopted by reference in K.A.R. 28-35-221b.
(e) Each licensee or registrant shall establish and m.iin-tain procedures for safely opening pacbges in which r.i-dioactive material is received and shall ensure that these procedures are followed and any sped.ii instructions are followed for the type of package being opened.
(f) Each licensee or registrant transferring special form sources in vehicles owned or operated by the licensee or registr,mt to and from a work site shall be exempt from the contamination monitoring requirements of this reg-ul.ition. However, the licensee or registrant shall not be exempt from the monitoring requirement in this regula-tion for measuring radiation levels that ensures that the source is still properly lodged in its shield. (Authorized by and implementing K.S.A. 48-1607; effective, T,85,43, Dec. 19, 1984; effective May 1, 1985; amended Sept. 20, 1993; amended Oct. 17, 1994; amended May 4, 2018.)
28-:15-221 b. Appendix A; determination of A1, and A21 and B quantities. The provisions of 10 C.F.R. part 71, appendix A, as in effect on July 13, 2015, are hereby
.idopted by reference, with the changes specified in this regulation.
(u) Wherever the term "commission" appears within 10 C.f.R. part 71, appendix A, that term shall be replaced with the term "department."
(b) In 10 C.F.R. purt 71, appendix A, paragraph H(c) shall be replaced with the following text: "The licensee shall submit requests for prior approval, described un-der parugraphs Il(u).ind H(b) of this appendix, to the dep.irtment." (Authorized by and implementing K.S.A.
48-1607; effective Sept. 20, 1993; amended Oct. 17, 1994; amended May 4, 2018.)
2il-!15-2:IOd. (Authorized by and implementing K.S.A. 48-1607; effective Oct. 17, 1994; amended Dec. 30, 2005; revoked May 4, 2018.)
28-:15-26,1. General requirements. The provisions of 10 C.F.R. part 35, as in effect on September 9, 2015, are hereby adopted by reference, with the changes specified in this regulation.
(a) For the purposes of part 6, "byproduct material" shall mean all radioactive material regulated by the de-purtment.
(b) All reports required by this regulation shall be sub-mitted to the department.
(c) The following sections shall be deleted:
(1) 35.1, purpose and scope";
(2) 35.2, "definitions," except that the definitions of the following terms shall be retained; (A) "Authorized medical physicist";
(B) "authorized nuclear pharmacist";
(C) "authorized user";
(D) "medical event";
(E) "prescribed dose";.ind (F) "radiation safety officer";
(3) 35.8, "information collection requirements: 0MB approval";
(4) 35.18, "license issuance";
(5) 35.19, "specific exemptions";
(6) 35.26(a)(1), "radiation protection program changes";
(7) 35.4001, "violations"; and (8) 35.4002, "criminal penalties."
(d) Wherever the following C.f.R. references occur within 10 C.F.R. part 35, these references shall be re-placed with the specified references to regulations and parts in this article:
(1) "10 CFR 19.12" shall be replaced with "K.A.R. 28-35-333, 'instructions to workers.'"
(2) "10 CFR part 20" shall be replaced with "part 4,
'standards for protection against radiation.'"
(3) "10 CFR 20.1101" shall be replaced with "K.A.R. 28-35-211 d, 'radiation protection programs.'"
(4) "10 CFR 20.1301(a)(1) and 20.1301(c)" shall be re-placed with "K.A.R. 28-35-214a.
(5) "10 CFR 20.1501" shall be replaced with "K.A.R. 28-35-217b."
(6) "10 CFR part 30" shall be replaced with "p.irt 3, 'li-censing of sources of radiation.'"
(7) "10 CFR 32.72" sh.ill be replaced with "K.A.R. 28-35-181m, 'specific licenses to manufacture und distribute radiopharmaceuticals containing radioactive material for medical use under group licenses,' and K.A.R. 28-35-181n, 'specific licenses to m,mufocture and distribute generutors or reagent kits for preparation of radiophar-m.iceuticals containing r.idioactive materiul.'"
(8) "10 CFR 32.74" shall be repl.iced with "K.A.R. 28-35-1810, 'specific licenses to manufocture and distribute sources and devices for use as a calibration or reference source, or for certain medical uses.' "
(9) "10 CFR 33.13" shall be replaced with "K.A.R. 28-35-182b, 'qualifications for a type A specific license of broad scope.' "
(e) Wherever the following terms occur within 10 C.F.R.
part 35, these terms shall be replaced with "department":
(1) "Commission";
(2) "NRC operation center"; and (3) "NRC regional office."
(f) The following ch.inges shall be made to the sections specified:
(1) 35.6(b)(1) and (c)(l) shall be replaced with the fol-lowing text: "Obtain review and approval of the research as specified in 45 CFR 46.111, 'criteria for IRB approval of research'; and".
(2) 35.6(b)(2) and (c)(2) shall be replaced with the fol-lowing text: "Obt.iin informed consent from the human research subject as specified in 45 CFR 46.116, 'general requirements for informed consent.' "
(co11ti nlll'd)
Vol. 37, No. 16, April 19, 2018
() K*nu* S<<ttluy of Sl*t* ?DI~
346 Kansas Register Regulations (3) 35.10, subsection (a) shall be deleted.
(4) In 35.lO(d), the date "October 24, 2002" shall be re-placed with "the effective date of these regulations."
(5) 35.12(b)(l) shall be replaced with the following text: "submitting a form specified by the department that includes the facility diagram, equipment, and training and experience qualifications of the radiation safety officer, authorized users, authorized physicists, and authorized pharmacists."
(6) 35.12(c)(1 )(i) shall be replaced with the following text: "a form specified by the department that includes the facility diagram, equipment, and training and ex-perience qualifications of the radiation safety officer, authorized users, authorized physicists, and authorized pharmacists."
(7) In 35.57(a)(1) and (b)(l), the date "October 24, 2002" shall be replaced with "the effective date of these regu-lations."
(8) In 35.57(a)(2) and (b)(2), the date "April 29, 2005" shall be replaced with "the effective date of these regulations."
(9) In 35.432(a), the date "October 24, 2002" shall be re-pk1ced with "the effective date of these regulations."
(10) In 35.3045, the footnote shall be deleted, and in subsection (a) the words "or any radiation-producing device" shall be added before the words "results in."
(11) 35.3047(d) shall be replaced with the following text: "The licensee shall submit a written report to the de-partment within 15 days after discovery of.i dose to the embryo or fetus, or nursing child that requires a report in parngraphs (.i) or (b) in this section."
(12) In 35.3067, the phrase "with the department" shall be inserted after the word "report in the first sentence, and the second sentence shall be deleted. (Authorized by and implementing K.S.A. 48-1607; effective Dec. 30, 2005; amended March 18, 2011; amended May 4, 2018.)
23-:l;i-288. Special requirements and exemptions for enclosed radiography. (.i) Each licensee or registr.int shall ensure that each system for enclosed radiography that is designed to allow the admittance of any individu-al meets the following requirements:
(1) Meets all applicable requirements of this part and K.A.R. 28-35-214a if the system is not a certified cabinet X-ray system; (2) meets all applicable requirements of this part and h.is been certified by the U.S. food and drug adminis-tration (FDA) as compliant with the requirements in 21 C.F.R. 1020.40, if the system is a certified cabinet X-ray system; and (3) is evaluated, at intervals not to exceed one year, to ensure compliance with the applicable requirements specified in paragraphs (1) or (2) of this subsection. A re-cord of each evaluation shall be maintained for two years after the evaluation.
(b) Each cabinet X-ray system designed to exclude any individual shall be exempt from the requirements of K.A.R. 28-35-276, K.A.R. 28-35-278, K.A.R. 28-35-281, K.A.R. 28-35-282, K.A.R. 28-35-283, K.A.R. 28-35-284, K.A.R. 28-35-285, K.A.R. 28-35-286, and K.A.R. 28-35-289, with the following exceptions:
(1) Operating personnel shall be provided with personnel-monitoring equipment as specified in K.A.R.
28-35-217a.
(2) A registrant shall not permit any individual to oper-ate a cabinet x-ray system until that individual has received a copy of and instruction in the operating procedures for the unit and has demonstrated competence in its use. A record that demonstrates compliance with this paragraph shall be maintained for inspection by the department until disposition is authorized by the department.
(3) A test for proper operation of each high-radiation area control device or.ilarm system, where.ipplicable, shall be conducted and recorded as specified in K.A.R. 28-35-288.
(c) Each permanent radiographic installation having any high-radiation area entrance control of the type spec-ified in K.A.R. 28-35-219a sh.ill also meet the following requirements:
(1) Each entrance that is used for personnel access to the high-radiation area in a permanent radiographic in-stallation shall have both a visible and an audible warn-ing signal to warn of the presence of radiation.
(2) The visible sign.ii sh.ill be activ.ited by radiation whenever the source is exposed. The audible signal sh.ill be activated if an attempt is made to enter the installation while the source is exposed.
(d) The control device or alarm system shall be test-ed for proper operation at the beginning of each period of use. A record of each test shall be prepared quarterly or before the first use after the end of the quarter. Each record shall be maintained for inspection by the depart-ment until the secretary authorizes disposal of the re-cord. (Authorized by and implementing K.S.A. 48-1607; effective Jan. 1, 1970; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985; amended Sept. 20, 1993; amended Dec. 30, 2005; amended May 4, 2018.)
22C-:15-:M:I. Storage precautions. (a) Each source of radiation, except accelerators, shall be provided with a storage container and, if transported, a transport contain-er. The same container may be used in both cases if the container meets the requirements for each use. The con-tainer shall be provided with a lock to prevent unautho-rized removal of, or exposure to, the source of radiation.
(b) Each source of radiation shall be stored in a manner that minimizes danger from explosion or fire. (Autho-rized by and implementing K.S.A. 48-1607; effective Sept 20, 1993; amended Dec. 30, 2005; amended May 4, 2018.)
28-:1:;.;1.1-1. Transport precautions. Each licensee shall lock and physically secure each transport package containing licensed material in the transporting vehicle to prevent accidental loss, tampering, or unauthorized removal of the licensed material from the vehicle. (Au-thorized by and implementing K.S.A. 48-1607; effective Sept. 20, 1993; amended May 4, 2018.)
28-:1:;.;1,17. In-person inventory. Each licensee or registrant shall conduct an in-person inventory to ac-count for all sources of radiation once every six months.
A record of each inventory shall be maintained for two years from the date of the inventory for inspection by the department and shall include the quantities and kinds of sources of radiation, the location where sources of radia-tion are assigned, the date of the inventory, and the name of the individual conducting the inventory. (Authorized by and implementing K.S.A. 48-1607; effective Sept. 20, 1993; amended May 4, 2018.)
C, K.ans.u Secret.iry of St~h~ lOU Vol. 37, No. 16, April 19, 2018
Regulations Kansas Register 347 2s-:15.:ui2. Notification of incidents, abandonment, and lost sources. (a) Each licensee shall notify the depart-ment of any incidents and any sources lost in other than downhole logging operations in accordance with K.A.R.
28-35-184b, 28-35-228a, 28-35-229a and 28-35-230a.
(b) Whenever a sealed source or device containing ra-dioactive material is lodged downhole, the licensee shall monitor at the surface for the presence of radioactive contamination with a radiation survey instrument or log-ging tool during logging tool recovery operations.
(c) If the licensee knows or has reason to believe that a sealed source has been ruptured, the licensee shall noti-fy the department immediately by telephone and subse-quently, within 30 dilys, by confirmatory written report.
This written report shall identify the well or other loca-tion, describe the magnitude and extent of the escape of radioactive material, assess the consequences of the rup-ture, and explain efforts planned or being taken to miti-gate these consequences.
(d) If it becomes apparent that efforts to recover the ra-dioactive source will not be successful, the licensee shall meet the following requirements:
(1) The licensee shall advise the well operator of the following requirements regarding the method of aban-donment:
(A) The well operator shall immobilize and seal the ra-dioactive source in place with a cement plug.
(B) The well operator shall set in place a whipstock or other deflection device.
(C) The well operator shall mount a permanent identi-fication plaque at the surface of the well, containing the appropriate information required by this regulation.
(2) The licensee shall notify the depilrtment by tele-phone, giving the circumstances of the loss, and request approval of the proposed abandonment procedures.
(3) The licensee shall file a written report with the de-partment within 30 days of the abandonment, providing the following information:
{A) The date of occurrence and a brief description of attempts to recover the source; (B) a description of the radioactive source involved, including the radionuclide, quantity, and chemicill and physical form; (C) a description of the surface location and identifica-tion of the well; (D) the results of efforts to immobilize and set the source in place; (E) the depth of the radioactive source; (F) the depth of the top of the cement plug; (G) the depth of the well; and (H) the information contained on the permanent iden-tification plaque.
(e) Whenever a sealed source containing radioactive material is abandoned downhole, the licensee shall pro-vide a permanent plaque on the well or well-bore. The plaque shall meet the following requirements:
(1) Be constructed of long-lasting material, which may include stainless steel or Monel metal; and (2) contain the following information engraved on its face:
(A) The word "CAUTION";
(B) the radiation symbol, without the conventional col-or requirement; (C) the date of abandonment; (D) the name of the well operator or well owner; (E) the well name and the well identification number or numbers or other designation; (F) a description of the sealed source or sources, by ra-dionuclide and quantity of activity; (G) the source depth and the depth to the top of the plug; and (H) an appropriate warning that, depending on the specific circumstances of that abandonment, shall in-clude one of the following:
(i) "Do not drill below plug back depth";
(ii) "do not enlarge casing"; or (iii) "do not reenter the hole before contacting the Kan-sas department of health and environment radiation con*
trol program"; and (3) be at least seven inches square. The word CAU-TION" shall be written in 112-inch letters and all other in-formation shall be written in 1/.i-inch letters.
(f) If the licensee knows or has reason to believe that ra-dioactive material has been lost in or to an underground potable water source, the licensee shall immediately notify the department by telephone and subsequently, within 30 days, by confirmatory letter. The notice shall designate the well location and shall describe the magni-tude and extent of Joss of radioactive material, assess the consequences of the loss, and explain efforts planned or being taken to mitigate these consequences. (Authorized by and implementing K.S.A. 48-1607; effective Sept. 20, 1993; amended Nov. 1, 1996; amended Mily 4, 2018.)
28-:15.. ~0,t. Advance notification of shipment of certain types of licensed or registered material. (a)(l)
As specified in subsections {b), (c), and {d), each licens-ee shall provide advance notification to the governor or the governor's designee of each state of each shipment of licensed or registered material through or ilCross the boundary of that governor's state. The licensee shall provide this advance notification before transporting, or delivering to a carrier for transport, any licensed or registered material outside the confines of the licensee's facility or other place of use or storage.
(2) As specified in subsections(b), (c), and (d), each licens-ee shall provide advance notification to the Indian tribal official or tribal official of participating tribes referenced in subsection (c), or the official's designee, of the shipment of licensed material within or across the boundary of the tribe's reservation before the transport or delivery to a car-rier for transport of licensed m.iterial outside the confines of the licensee's plant or other place of use or storage.
(b)(l) The advance notification specified in subsec-tion (a) shall be required for each shipment of irradiated reactor fuel containing 100 grams or less in net weight of irradiated fuel, exclusive of cladding and any other structural or packaging material, that has a total external radiation dose rate in excess of 100 rems per hour at a distance of three feet from any accessible surface without intervening shielding.
(2) The advance notification specified in subsection (a) shall also be required for each shipment of licensed or registered materiill, other thiln irradiated fuel, meeting all of the following conditions:
( n111ti111wtf)
Vol. 37, No. 16, April 19, 2018
.0 K.1n1a s~crd.arJ' of St.alt' 2018
348 Kansas Register Regulations (A) The licensed or registered material is required to be shipped in a type B package for transportation as speci-fied in this part.
(B) The licensed or registered material is being trans-ported to or across a state boundary en route to a dis-posal facility or to a collection point for transport to a disposal facility.
(C) The quantity of licensed or registered material in a single package exceeds the smaller of the following:
(i) 3,000 times the A1 value of the radionuclides as spec-ified in 10 C.F.R. part 71, appendix A, which is adopted by reference in K.A.R. 28-35-221b, for special form radio-active material or 3,000 times the Az value of the radionu*
elides as specified in 10 C.F.R. part 71, appendix A, which is adopted by reference in K.A.R. 28-35-221b for normal form radioactive material; and (ii) 1,000 TBq (27,000 Ci).
(c) The notification specified in subsection (b) shall meet the following requirements:
(1) The notification shall be submitted, in writing, to the office of each appropriate governor or go\\*emor's designee and each appropriate Indian tribal official and to the director of the division of nuclear security in the office of nuclear security and incident response.
(2) Each notification delivered by mail shall be post-marked at least seven days before the beginning of the seven-day period during which departure of the ship-ment is estimated by the licensee to occur.
(3) Each notification delivered by any means other than mail shall reach the office of each governor or governor's designee and each appropriate Indian tribal official at least four days before the beginning of the seven-day pe*
riod during which departure of the shipment is estimat-ed by the licensee to occur.
(4) Each licensee shall retain a copy of the notification as a record for three years.
(d) Each advance notification of any shipment of irra-diated reactor fuel or nuclear waste shall contain the fol-lowing information:
(1) The name, address, and telephone number of the shipper, carrier, and receiver of the irradiated reactor fuel or nuclear waste shipment; (2) a description of the irradiated reactor fuel or nucle-ar waste contained in the shipment, as specified in the regulations of the United States department of transpor-tation (USDOT) in 49 C.F.R. 172.202 and 172.203(d);
(3) a shipment schedule, which shall include the fol-lowing information:
(A) The point of origin of the shipment and a specifica-tion of the seven-day period during which departure of the shipment is estimated by the licensee to occur; (B) a specification of the seven-day period during which arrival of the shipment at the state boundaries is estimated by the licensee to occur; and (C) the destination of the shipment and a specification of the seven-day period during which arrival of the ship-ment at the destination is estimated by the licensee to occur; and (4) the name of a contact person, including a telephone number, for current shipment information.
(e) If any licensee finds out that the shipment sched*
ule previously furnished to any governor, governor's designee, or Indian tribal official in accordance with this regulation will not be met, that licensee shall perform the following:
(1) Telephone a responsible individual in the office of the governor or governor's designee or the Indian tribal official as soon as practical after the licensee has found out that the shipment schedule will not be met and in-form that individual of the revised schedule; and (2) maintain a record of the name of the responsible indi-vidual contacted and the date of this contact for three years.
(f) Each licensee who cancels an irradiated reactor fuel or nuclear waste shipment for which advance noti-fication has been sent shall send a cancellation notice to the governor of each state or the governor's designee or to the Indian tribal official who was previously notified and to the director of the division of nuclear security in the office of nuclear security and incident response. The licensee shall state in the notice that the notice is a can-cellation and shall identify the advance notification that is being canceled. The licensee shall retain a copy of the notice as a record for three years. (Authorized by and implementing K.S.A. 48-1607; effective Dec. 30, 2005; amended May 4, 2018.)
28-!15-700. General requirements. The provisions of 10 C.F.R. part 37, 78 fed. reg. 17007-17020 (2013), as in effect on May 20, 2013, are hereby adopted by reference, with the changes specified in this regulation.
(a) The following sections or portions of sections in 10 C.F.R. part 37 shall be deleted:
(1)37.1; (2) 37.3; (3) 37.7; (4) 37.9; (5) 37.11(a) and (b);
(6) 37.13; (7) 37.43(d)(9);
(8) in 37.81 (g). the third sentence; (9) 37.105; (10) 37.107; and (11) 37.109.
(b) In 10 C.F.R. 37.5, the following terms and the defini-tion of each of these terms shall be deleted:
(1)"Act";
(2) "agreement state";
(3) "becquerel";
(4) "byproduct material";
(5) "commission";
(6) "curie";
(7) "government agency";
(8) "license";
(9) "lost or missing licensed material";
(10) "person";
(11) "state"; and (12) "United States."
(c) Wherever the following words and phrases occur within the portions of 10 C.F.R. part 37 adopted in this regulation, these words and phrases shall be replaced with "department";
(1) "Appropriate NRC regional office listed in §30.6(a)
(2) of this chapter";
(2) "Commission," except secs. 37.5, 37.27(a) and (c),
37.29(a) and 37.71; C> K*n*** S*<ttt*ry of St*t* 2018 Vol. 37, No. 16, April 19, 2018
Regulations/New State Laws Kansas Register 349 (3) "NRC," except secs. 37.25(b)(2), 37.27(c), 37.29(a),
and 37.71; (4) "NRC regional office specified in §30.6 of this chapter";
(5) "NRC's Operations Center"; and (6) "NRC's Operiltions Center (301-816-5100)."
(d) The following changes shall be made wherever the following text occurs within the portions of 10 C.F.R. part 37 adopted in this regulation:
(1) "Part i3 of this chapter" shilll be replaced with "10 C.F.R. Part 73."
(2) '71.97(b) of this chapter" and "71.97 of this chapter" shall be replaced with "K.A.R 28-35-504(b)."
(3) "Governor's designee" shall be replaced with "divi-sion of emergency management of the office of the adju-tant general." (Authorized by and implementing K.S.A.
48-1607; effective May 4, 2018.)
Jeff Andersen Secretary Doc. No. lM62~0 State of Kansas Secretary of State Certification of New State Laws I, Kris W. Kobilch, Secretary of State of the State of Kan-sas, do hereby certify that each of the following bills is a correct copy of the original enrolled bill now on file in my office.
Kris W. Kobach Secretary of State Wublishcd in the Kans."ls Register April 19, 2018.)
SENATE BILL No. 185 AN ACT concerning economic development; relating tu rede\\"elup-menl districts encompassing federal encfows, authorization of fran*
chise~ for the pru\\*ision of utilities; rede\\*elopment authorities in certain counties, powers of authority; amending K.5.A. 19-190-1 and repealing the existing section.
lit' ii cw1(frli /i_lf tltt* L*:,:i~l,rlur,* c,f lite S/111,* r,f Kmr~irs:
New Section 1. (a> The board of county commissioners of any county that has cslabli.~hcd a redc\\"elopmcnt district lhal include:;
property localed within a federal cncla\\*e in the county pursuant to K.5 A. 19-1901 cl Sl'lJ*, and amendments thereto, hereafter referred lo as lhc redc\\*dopmenl district, may, by resolution, authorize any person, firm or corporalion to inslall, maintain and operate utilities serving the!
rede\\ elopmenl district, including. but not limited lo, the following:
( 1) The c:onstruclion, operation and maintenanw nf waler lines and water treatment foctlilies; (2) the cnnstructinn, opcrat111n and maintenancl! of sewer and waslewatcr lines and treatment facilities; (3) thl* construclion, operation,md maintenance of cll'Clrical line~
and distribution focililies; (4) the construdion, operation and maintenance of gas lines and storage and transmission facilities; (5) the cnnslruclion. operation and maintenance of tdecommuni*
cations services; (6) the conslruclion, opcralion and maintenance of rail linl'S, s1d*
ings and rail switching ser.-ices: and (7) use of roads within the confines of the redewlopment district, so long as such usl! is nut prohibited by law.
(I,)
If the l,oard of county commbs1nners of the county has, b}' rL-s-olution, established a rcJe\\*dopmenl authorit}' as a body corporate and politic lo o\\'ersee economic de\\'elopmenl in the rcdcwlopment district.
the board of county commissioners may, by resolution, delegate the powers gr,mted in subsection (a) tu the board of dirnclors of such rede-
\\*elopmcnt authority.
(c)
I( the board of counl}' commi&.ioners of the county or the board of direclors of the rede\\"clopment aulhorily aulhorizes any acti\\'ity specified in subsL'Ction (a). lhc grant of aulhority to engage in any such acli\\'ily shall be subject to the following.
(I) All contracts granting or gh*ing any such original franchise, right or pri\\*ilcge, or extending or renewing or amending any existing grant, franchise, right or privilege to engage in such an.icti\\'ity shall be made by a resolution duly adopted by the board of county commis*
sinners of the county, or by a resolution duly adopted by the board of directors of the dc\\"clopmcnt authority and appro\\*ed by a resolution July adopted by the board of county commissioners; (2) no contract, grant, franchlse, right or privilege to engage in such an acli\\'ity shall be extended for any longer period of time than 20 yeal"S from the dale of such grant or extension; (3) no person, firm or corporation shall be granted any cxdusi\\'!.'
franchise, right or privilege whatsc>e\\*er,
(-1) no such grant, franchise, right or privilege sh,111 be made lo any person, firm, corpor.ition or :isrodalion, unlt!S'S ii provides for.idcquatc compens.ition or consideration therefor lo be paid to the county or tu the redevelopment authority, as the ca~ll may be, and, rcg.irdk~& of whether or not other or additional compensation is pro\\'rdcd for, such grantee sh.ill pay such fixed charge as may be prescribL.J in the fran*
chisc agreement; (5) no such grant, franchise, right or prh*ilege sh,111 be effective un*
ti! the resolution of the board of cnunly commis.~ioners approving lhe same has been adopted as pnw idcd by law with all expen~es of pub-lishing any resolution adopted pursuant lo this ~ection being paid by the proposed grantee; and (6) all contracts, grants, franchises, rights or privilcgL'S for thl! use of the roads of lhc rcdewlopment district, nol herein mentioned, shall be governed by.ill the pro\\ isions of thL~ act.
(d) No franchise fee ~hall cxcL'{:d 6~., of the uhhty customer'~ gro!ll>
charges for the utility sen ice.
(e) Any franchise fcL*s collcckd from any utilitr with respect to lhl!
pro\\'ision of utilities within the redevelopment district shall be paid lo the county treasurer. The county treasurer shall deposit franch ise foes and other re\\'enues received pursuant to subsection (a) lo the credit of the redevelopment authority fur use by the redevelopment authority as pru\\'ided in this section. Any such franchise foes shall be specifically rc,-;tricted for the payment of direct and indirect costs uf i~ lallation, maintenance and operation of utilities serving the rede-velopment district, including. but nut limited lo, the construction, op-eration and maintenance of water lines and treatm,mt facilities, sewer and wastewater lines and lrealmcnl facilities, electrical lines and dis*
tribution faci lities, gas lines and storage and transmission facilities, ro,,ds and bridges, railway improvements, the demolition of existing obsolete ur otherwise unusable structures, the disposal of construc-tion and demolition waste on-site and otherwise, the cnnstruction of capital improvements within the rede\\"elopment district, the costs of de\\*eloping, impnl\\'ing, managing and marketing properties within the rede\\"elopment district; and the payment of bonds issued with re-spect tu any of the foregoing.
(f) This Sl'clion shall be a part of and supplemental to the prm i*
siuns of article I of Chilpter 19 of the Kansas Stiltuks Annotated, and amendments thereto.
5L'C 2.
K S.A. 19-490-1 is hcrcb\\* amended to re.id as follows: 19*
490-l. (a) The board of county commissioners of Johnson county and the boil rd of cou nly commissioners of Labette county may create l>y res 11/u/io,r a rcde\\*dopment authorily, n hid, ~hall be con,po~cd a11d h,11 c
~t:1cl, po<<ci,,u the bn:ud may nt1tholi1.t m,d deteawiuc by 1e.solctlio11 consistent with the prm*isions of this ilCt.
(b) Any rL*devdopmcnt authority crc~tcd pmst1nt1l to ~ctb.1ccti,m (a) of this scdicm shall be composed of se\\'en members appointed by the board of counly commissioners, with al least Ihm! of the members being represenlali\\*es of cilil!s, townships or other local governmental l!ntilies located adjacent lo lhe federal encla\\*e properly. Each member appointed to the rede\\*clopment authority shall be a resident of the county and shall sen*e for a term rnnsislct1l.. ill. the lct iii of office fm the board mcmbc1 n.akins tl.c appoiatn.cat ut1d until such n.cn.bcr's sacccssm is appoit1tcd aud qualifies est,rl>lislr.-1/ li!f tlle t,,,,rrd,if cmmly cm,m1is.~i.,11el!.. In casl' of a vacancy in office, a membL*r shall be appoint-L-d by the board in the same manner to fill the unexpired term.
(cm1ti1111ed)
Vol. 37, No. 16, April 19, 2018
() K*n.** s<<.. t*r)* of Si*lr lOU