ML19346G885

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Letter to M. Mckinley Kentucky Final Regulations to Rats Ids 2001-1, 2008-1, 2011-1, 2012-1, 2015-1, 2015-2, 2015-4, and 2018-1
ML19346G885
Person / Time
Issue date: 12/17/2019
From: Kevin Williams
NRC/NMSS/DMSST
To: Mckinley M
State Of KY, Dept For Public Health, Radiation Health Branch
Beardsley M
Shared Package
ML19325C948 List:
References
Download: ML19346G885 (33)
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Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 17, 2019 Matthew McKinley, Administrator Radiation Health Program Cabinet for Health and Family Services 275 East Main Street, HS1C-A Frankfort, KY 40621-0001

Dear Mr. McKinley:

We have reviewed the final revisions to the Kentucky regulations, Title 902 of the Kentucky Administrative Regulations Section 100, received by our office on November 14, 2019. These regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory Commission (NRC) rules and the requirements of Regulation Amendment Tracking System Identification Numbers (RATS IDs) 2001-1, 2008-1, 2011-1, 2012-1, 2015-1, 2015-2, 2015-4, and 2018-1, as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with Jerry Hensley on December 5, 2019.

As a result of our review, we have 35 comments that have been identified in the enclosure.

Please note that we have limited our review to regulations required for compatibility and/or health and safety. We have determined that if these regulations are revised, incorporating our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of Nuclear Material Safety and Safeguards (NMSS) Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.

We request that when you revise your regulations to address our comments, a copy of the as published regulations be provided to us for review. As requested in NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the location of any changes made by Kentucky, in response to our comments, and provide a copy to Division of Materials Safety, Security, State, and Tribal Programs, NMSS. The SRS Data Sheet summarizes our knowledge of the status of other Kentucky regulations, as indicated. Please let us know if you note any inaccuracies, or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the NMSS State Communication Portal:

https://scp.nrc.gov/rulemaking.html.

If you have any questions regarding the comments, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact Michelle Beardsley, State Regulation Review Coordinator, at 267-884-2305 (Michelle.Beardsley@nrc.gov) or Monica Ford at 610-337-5214 (Monica.Ford@nrc.gov).

Sincerely,

/RA/ L.Cuadrado for Kevin Williams, Deputy Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comments
2. Kentucky SRS Data Sheet

SUBJECT:

12/17/2019 Letter to M. McKinley re: Kentucky Final Regulations to RATS IDs 2001-1, 2008-1, 2011-1, 2012-1, 2015-1, 2015-2, 2015-4, and 2018-1 DISTRIBUTION: SP[05]

DIR RF (20-06)

MFord, RSAO LRoldan-Otero KY File OFFICE RI SALPB OGC SALPB:BC MSTR:DD NAME MFord MBeardsley NA LCuadrado KWilliams DATE 12/4/19 12/5/19 NA 12/17/19 12/17/19 ML19346G885 OFFICIAL RECORD COPY Package ML19325C948

COMPATIBILITY COMMENTS ON KENTUCKY FINAL REGULATIONS STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 1

902 KAR 100:040 Section 2 30.34(h)(1) 2001-1 H&S Terms and conditions of licenses KY points to 902 KAR 100:040 Section 4 as the regulation containing the essential elements of 10 CFR 30.34(h)(1). However, 100:040 Section 4(3) explicitly applies to specific licensees whereas 10 CFR 30.34(h)(1) applies to general licensees.

KY needs to adopt the essential objectives of 10 CFR 30.34(h)(1) specific to general licensees in order to meet the Compatibility Category H&S designation assigned to 10 CFR 30.34(h)(1).

2 902 KAR 100:050 Section 3 31.5(b) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere KY omits or initially transferred after the word manufactured and before and labeled in 100:050 Section 3(b).

KY needs to change the reference in 100:050 Section 3(b) to read 902 KAR 100:058(4).

KY omits an equivalent regulation to 10 CFR 31.5(b)(2). KY needs to add essentially identical language to 902 KAR 100:050 Section 3(b).

KY needs to make the above changes in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(b).

3 902 KAR 100:050 31.5(c)(3) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Section 3 devices and certain devices for producing light or an ionized atmosphere KY omits the tests required by 100:050 Section 3.(3)(c)2. and from between Shall assure that and other testing in 100:050 Section 3.(3)(c)3.

KY needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(3).

4 902 KAR 100:050 Section 3 31.5(c)(4) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere In 100:050 Section 3.((3)(c)4., KY requires that records only be maintained for one year after the next required test in the case of leakage tests and tests of the on-off mechanism and two years after the next required test for tests required in 100:050 Section 3. (3)(c)3. This is less restrictive than the requirement in 10 CFR 31.5(c)(4). 10 CFR 31.5(c)(4) states that these records should be maintained for three years.

KY needs to change the retention time to three years after the next required test for each of the tests described in 100:050 Section 3.(3)(c)4. in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(4).

5 902 KAR 100:050 Section 3 31.5(c)(5) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS In 100:050 3.(3)(c)5. KY omits and, in the case of detection of 0.005 microcurie or more removable radioactive material or failure of or damage to a source likely to result in contamination of the premises or the environs, a plan for ensuring that the premises and environs are acceptable for unrestricted use after the words and the remedial action taken.

KY needs to make the above change to 100:050 Section 3.(3)(c)5. in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(5).

6 902 KAR 100:050 Section 3 31.5(c)(7) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere KY omits equivalent language to 10 CFR 31.5(c)(7) in 100:050 Section 3.(3)(c).

KY needs to add equivalent language to 100:050 Section 3.(3)(c) in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(7).

7 902 KAR 100:050 Section 3 31.5(c)(8) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere KY omits equivalent language to 10 CFR 31.5(c)(8) in 100:050 Section 3.(3)(c).

KY needs to add equivalent language to 100:050 Section 3.(3)(c) in order to meet the Compatibility Category C

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS designation assigned to 10 CFR 31.5(c)(8).

8 902 KAR 100:050 Section 3 31.5(c)(9) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere KY omits (or initial transferors name) after manufacturers name and omits and the serial number after model number in 100:050 Section 3.(3)(c)8.a.

Additionally, KY needs to add equivalent language to and has knowledge of and authority to take actions to ensure compliance with the appropriate regulations and requirements after cabinet and the transferee.

KY needs to make the above changes in order to meet the Compatibility Category C designation assigned to 10 CR 31.5(c)(9).

9 N/A 31.5(c)(11) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere KY does not have equivalent language to 10 CFR 31.5(c)(11) in 100:050 Section 3.(3)(c).

KY needs to add equivalent language to 100:050 Section 3.(3)(c) in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(11).

10 N/A 31.5(c)(12) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS producing light or an ionized atmosphere KY does not have equivalent language to 10 CFR 31.5(c)(12) in 100:050 Section 3.(3)(c).

KY needs to add equivalent language to 100:050 Section 3.(3)(c) in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(12).

11 N/A 31.5(c)(13) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere KY does not have equivalent language to 10 CFR 31.5(c)(13) in 100:050 Section 3.(3)(c).

KY needs to add equivalent language to 100:050 Section 3.(3)(c) in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(13).

12 N/A 31.5(c)(14) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere KY omits equivalent language to 10 CFR 31.5(c)(14) from 100:050 Section 3.(3)(c).

KY needs to add equivalent language to 10 CFR 31.5(c)(14) to 100:050 Section 3.(3)(c) in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(14).

13 N/A 31.5(c)(15) 2001-1 2012-1 C

Certain detecting, measuring, gauging, or controlling

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS devices and certain devices for producing light or an ionized atmosphere KY does not have equivalent language to 10 CFR 31.5(c)(15) in 100:050 Section 3.(3)(c).

KY needs to add equivalent language to 100:050 Section 3.(3)(c) in order to meet the Compatibility Category C designation assigned to 10 CFR 31.5(c)(15).

14 902 KAR 100:058 Section 4 32.51(a)(4)&(5) 2001-1 B

Byproduct material contained in devices for use under Sec. 31.5; requirements for license to manufacture, or initially transfer.

KY omits essentially identical rule text to 10 CFR 32.51(a)(4) & (5) from 100:058 Section 4.

KY needs to adopt essentially identical language to 100:058 in order to meet the Compatibility Category B designation assigned to 10 CFR 32.51(a)(4) & (5).

15 902 KAR 100:058 Section 4(5)(a) 32.51a(a) 2001-1 B

Same: conditions of licenses KY omits essentially identical rule text to 10 CFR 32.51a(a) from 100:058 Section 4.(5)(a).

KY needs to adopt essentially identical language to 10 CFR 32.51a(a) in order to meet the Compatibility Category B designation assigned to 10 CFR 32.51a(a).

16 902 KAR 100:058 Section 4(5)(b) 32.51a(b) 2001-1 B

Same: conditions of licenses KY omits essentially identical rule text to 10 CFR 32.51a(b) from 100:058 Section 4.(5)(b).

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS KY needs to adopt essentially identical language to 10 CFR 32.51a(b) in order to meet the Compatibility Category B designation assigned to 10 CFR 32.51a(b).

17 902 KAR 100:058 Section 4(5) 32.52(a) 2001-1 B

Same: material transfer reports and records KY omits essentially identical rule text to 10 CFR 32.52(a)(4) from 902 KAR 100:058 Section 4(5).

KY needs to adopt essentially identical language to 10 CFR 32.52(a)(4) to 902 KAR 100:058 Section 4(5) in order to meet the Compatibility Category B designation assigned to 10 CFR 32.52(a).

18 902 KAR 100:058 Section 4(5) 32.52(b) 2001-1 B

Same: material transfer reports and records KY omits essentially identical rule text to 10 CFR 32.52(b)(4) from 902 KAR 100:058 Section 4(5).

KY needs to adopt essentially identical language to 10 CFR 32.52(b)(4) to 902 KAR 100:058 Section 4(5) in order to meet the Compatibility Category B designation assigned to 10 CFR 32.52(b).

19 902 KAR 100:165 Section 3(4) 19.13 2008-1 C

Notifications and reports to individuals In general, KYs regulation is more restrictive than 10 CFR 19.13 which is allowable for regulations designated as Compatibility Category C.

However, KY needs to change 100:165 Section 3(4) to read A licensee or registrant shall make dose information available to workers as

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS shown in records maintained by the licensee or registrant required by 902 KAR 100:019, Section 34. The licensee or registrant shall provide an annual report to each individual monitored under 902 KAR 100:019 Section 13 of the dose received in that monitoring year if:

(1) The individuals occupational dose exceeds 1 mSv (100 mrem)

TEDE or 1 mSv (100 mrem) to any individual organ or tissue; or (2) The individual requests his or her annual dose report.

KY needs to make the above change in order to meet the Compatibility Category C designation assigned to 10 CFR 19.13.

20 902 KAR 100:010 Section 1 (312) 20.1003 2008-1 A

Definition: total effective dose equivalent (TEDE)

KY needs to change 100:010(312) to read means the sum of the effective dose equivalent (for external exposures)

KY needs to make the above change in order to meet the Compatibility Category A designation assigned to 10 CFR 20.1003, Definition: Total Effective Dose Equivalent (TEDE).

21 902 KAR 100:019 Section 3 20.1201 2008-1 A

Occupational Dose Limits for Adults KY needs to amend 100:019 Section 3(3) to be identical to 10 CFR 20.1201(c). KYs regulation omits When the external exposure is determined by measurement with an external personal monitoring device, the deep-dose equivalent must be used in place of the effective dose equivalent, unless the effective dose equivalent is determined by a

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS dosimetry method approved by the Cabinet. Additionally, KY needs to delete and shallow-dose equivalent from the first sentence in Section 3(3).

KY needs to make the above changes in order to meet the Compatibility Category A designation assigned to 10 CFR 20.1201.

22 902 KAR 100:019 20.2205 2008-1 C

Reports to individuals of exceeding dose limits KY omits an equivalent regulation to 10 CFR 20.2205 from its regulations.

KY needs to add equivalent regulations that meets the essential objectives of 10 CFR 20.2205 to 902 KAR 100:019 in order to meet the Compatibility Category C designation assigned to 10 CFR 20.2205.

23 902 KAR 100:042 Section 3(3)(a) 20.1403 2011-1 C

Criteria for license termination under restricted conditions KY omits and in which the adequacy of the trust funds is to be assessed based on an assumed annual 1 percent real rate of return on investment from 902 KAR 100:042 Section 3(3)(a).

KY needs to add the above language to 902 KAR 100:042 Section 3(3)(a) in order to meet the Compatibility Category C designation assigned to 10 CFR 20.1403(c)(1).

24 902 KAR 100:042 Section 3(3)(b) 20.1403 2011-1 C

Criteria for license termination under restricted conditions KY still allows for financial assurance mechanisms that were removed from 10 CFR 20.1402.

KY needs to delete 902 KAR 100:042

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Section 3(3)(b) in order to meet the Compatibility Category C designation assigned to 10 CFR 20.1403(c).

25 902 KAR 100:042 Section 4 20.1404(a) 2011-1 C

Alternate criteria for license termination KY omits rule text equivalent to 10 CFR 20.1404(a)(5) from 902 KAR 100:042 Section 4.

KY needs to add regulations that meet the essential objectives of 10 CFR 20.1404(a)(5) to 902 KAR 100:042 Section 4 in order to meet the Compatibility Category C designation assigned to 10 CFR 20.1404(a).

26 902 KAR 100:019 Section 31 20.1501(b) 2011-1 H&S General KY omits equivalent rule text to 10 CFR 20.1501(b) from 902 KAR 100:019 Section 12.

KY needs to add language equivalent to 10 CFR 20.1501(b) to 902 KAR 100:019 Section 12 in order to meet the Compatibility Category H&S designation assigned to 10 CFR 20.1501(b).

27 902 KAR 100:040 Section 6 30.34(b) 2011-1 C

Terms and conditions of licenses KY omits equivalent rule text to 10 CFR 30.34(b) in 902 KAR 100:040 Section 6.

KY needs to adopt regulations that meet the essential objectives of 10 CFR 30.34(b) to 902 KAR 100:040 Section 6 in order to meet the Compatibility Category C designation assigned to 10 CFR 30.34(b).

28 902 KAR 100:042 30.35(e) 2011-1 H&S Financial assurance and recordkeeping for

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS Sections 11

&15 decommissioning KY omits equivalent rule language to 10 CFR 30.35(e) from 902 KAR 100:042.

KY needs to add language equivalent to 10 CFR 30.35(e) to 902 KAR 100:042 in order to meet the Compatibility Category H&S designation assigned to 10 CFR 30.35(e).

29 902 KAR 100:040 Sections 12

& 15 40.36(d) 2011-1 H&S Financial assurance and recordkeeping for decommissioning KY omits equivalent rule language to 10 CFR 40.36(d) from 902 KAR 100:042.

KY needs to add language equivalent to 10 CFR 40.36(d) to 902 KAR 100:042 in order to meet the Compatibility Category H&S designation assigned to 10 CFR 40.36(d).

30 902 KAR 100:040 Section 11 40.46 2011-1 C

Inalienability of licenses KY omits equivalent rule text to 10 CFR 40.46(b) from 902 KAR 100:040 Section 11.

KY needs to adopt regulations that meet the essential objectives of 10 CFR 40.46(b) to 902 KAR 100:040 Section 11 in order to meet the Compatibility Category C designation assigned to 10 CFR 40.46.

31 902 KAR 100:040 Section 13 &

15 70.25(e) 2011-1 H&S Financial assurance and recordkeeping for decommissioning KY omits equivalent rule language to 10 CFR 70.25(e) from 902 KAR

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 100:042.

KY needs to add language equivalent to 10 CFR 70.25(e) to 902 KAR 100:042 in order to meet the Compatibility Category H&S designation assigned to 10 CFR 70.25(e).

32 902 KAR 100:040 Section 6 70.36 2011-1 C

Inalienability of licenses KY omits equivalent rule text to 10 CFR 70.36 from 902 KAR 100:040 Section 11.

KY needs to adopt regulations that meet the essential objectives of 10 CFR 70.36 to 902 KAR 100:040 Section 11 in order to meet the Compatibility Category C designation assigned to 10 CFR 70.36.

33 902 KAR 100:040 Section 14(2)(b) 40.61(a)(2) 2015-4 C

Records KY requires that the record only be kept for 5 years. This is less restrictive than the NRCs requirement of keeping the material until the license is terminated.

KY needs to change 100:040 Section 14.(2)(b) so that those records are maintained until a license is terminated in order to meet the Compatibility Category C designation assigned to 10 CFR 40.61(a)(2).

34 License condition (along with adoption by reference of Part 35 in 902 KAR 100:072) 30.34(g) 2018-1 B

Terms and conditions of licenses KY needs to add to the Department after The licensee shall report and before the results in License condition 1 (30.34(g).

KY needs to make the above change in order to meet the Compatibility Category B designation assigned to

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 10 CFR 30.34(g).

35 License condition and 902 KAR 100:058 Section 9 32.72 2018-1 B

Manufacture, preparation, or transfer for commercial distribution of radioactive drugs containing byproduct material for medical use under part 35.

The KY license condition incorrectly references 10 CFR 32.74 instead of 10 CFR 32.72.

Additionally, 902 KAR 100:058 Section 9 omits equivalent rule text to 10 CFR 32.72 (a)(2)(i), (a)(2)(v), and (b)(4).

KY needs to either 1) Delete 902 KAR 100:058 Section 9 and make the above noted correction to, and implement use of the license condition; or 2) make changes to 100:058 Section 9 and not utilize the license condition submitted, in order to meet the Compatibility Category B designation assigned to 10 CFR 32.72.

STATE REGULATION STATUS State: Kentucky Tracking Ticket Number: 20-06 Date: 12/17/19

[ # amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1991-1 Safety Requirements for Radiographic Equipment Part 34 55 FR 843 (Superceded by 1997-5) 01/10/1994 Final No Comments 03/15/1996 Kentucky has adopted Final Regulations equivalent to RATS ID:

1997-5.

1991-2 ASNT Certification of Radiographers Part 34 56 FR 11504 (Superceded by 1997-5) none Not Required Not Required Kentucky has adopted Final Regulations equivalent to RATS ID:

1997-5.

1991-3 Standards for Protection Against Radiation Part 20 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 01/01/1994 Final No Comments 04/17/1998 1991-4 Notification of Incidents Parts 20, 30, 31, 34, 39, 40 and 70 56 FR 64980; 10/15/1994 Final Proposed ML18170A181 Final ML19043A753 No Comments 03/15/1996 Comments 7/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Parts 34 and 39 by reference

2 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1992-1 Quality Management Program and Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2) 01/27/1995 Final No Comments 03/15/1996 1992-2 Eliminating the Recordkeeping Requirements for Departures from Manufacturer's Instructions Parts 30 and 35 57 FR 45566 none Not Required Not Required Kentucky has adopted Final Regulations equivalent to RATS ID:

1997-5.

1993-1 Decommissioning Recordkeeping and License Termination: Documentation Additions [Restricted areas and spill sites]

Parts 30 and 40 58 FR 39628 10/25/1996 Final No Comments 03/15/1996 1993-2 Licensing and Radiation Safety Requirements for Irradiators Part 36 58 FR 7715 07/01/1996 Not Applicablei Not Applicable Kentucky does not have any licensees subject to these regulations. (See SECY-95-112) 1993-3 Definition of Land Disposal and Waste Site QA Program Part 61 58 FR 33886 07/22/1996 Not Applicable1 Not Applicable Kentucky does not have any licensees subject to these regulations. (See SECY-95-112) 1994-1 Self-Guarantee as an Additional Financial Mechanism Parts 30, 40 and 70 58 FR 68726; 59 FR 1618 none Not Required Not Required These regulations are not required to be adopted for purposes of Compatibility.

3 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1994-2 Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards Part 40 59 FR 28220 07/01/1997 Not Applicable Not Applicable Kentucky does not have authority to regulate this material under its Agreement.

1994-3 Timeliness in Decommissioning Material Facilities Parts 30, 40 and 70 59 FR 36026 08/15/1997 Final No Comments 04/17/1998 1995-1 Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use Parts 30, 32 and 35 59 FR 61767; 59 FR 65243; 60 FR 322 01/01/1998 Final Proposed ML18170A181 Final ML19043A753 No Comments 04/17/1998 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 35 by reference 1995-2 Frequency of Medical Examinations for Use of Respiratory Protection Equipment Part 20 60 FR 7900 03/13/1998 Final No Comments 04/17/1998

4 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1995-3 Low-Level Waste Shipment Manifest Information and Reporting Parts 20 and 61 60 FR 15649; 60 FR 25983 03/01/1998 R2 ML12213A254 Proposed ML18170A181 Final ML19043A753 No Comments 09/14/2012 ML12234A371 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 61 reference 1995-4 Performance Requirements for Radiography Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 06/30/1998 Final No Comments 03/15/1996 Kentucky has adopted Final Regulations equivalent to RATS ID:

1997-5.

1995-5 Radiation Protection Requirements: Amended Definitions and Criteria Parts 19 and 20 60 FR 36038 08/14/1998 Final No Comments 04/17/1998 1995-6 Clarification of Decommissioning Funding Requirements Parts 30, 40 and 70 60 FR 38235 11/24/1998 R2 ML12213A254 No Comments 09/14/2012 ML12234A371 1995-7 Medical Administration of Radiation and Radioactive Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 10/20/1998

5 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1996-1 Compatibility with the International Atomic Energy Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 04/01/1999 Final Proposed ML18170A181 Final ML19043A753 Comments 06/21/2000 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky has not yet adopted Final Regulations equivalent to RATS ID:

2004-1.

Kentucky submitted proposed regulations that adopt 10 CFR Part 71 by reference 1996-2 One Time Extension of Certain Byproduct, Source and Special Nuclear Materials Licenses Parts 30, 40 and 70 61 FR 1109 02/15/1999 Not Required Not Required These regulations are not required to be adopted for purposes of Compatibility.

1996-3 Termination or Transfer of Licensed Activities:

Record keeping Requirements Parts 20, 30, 40, 61 and 70 61 FR 24669 06/17/1999 Final Proposed ML18170A181 Final ML19043A753 No Comments 06/21/2000 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 61 by reference 1997-1 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 01/9/2000 Final No Comments 04/17/1998

6 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-2 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 02/27/2000 Final ML010780156 No Comments 03/30/2001 ML010890409 1997-3 Criteria for the Release of Individuals Administered Radioactive Material Parts 20 and 35 62 FR 4120 05/29/2000 Final Proposed ML18170A181 Final ML19043A753 No Comments 04/17/1998 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 35 by reference 1997-4 Fissile Material Shipments and Exemptions Part 71 62 FR 5907 (Superceded by 2004-1) 02/10/2000 Not Required Not Required These regulations are not required to be adopted for purposes of Compatibility. (See STP-97-078) 1997-5 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71 and 150 62 FR 28947 06/27/2000 Final ML010780156 Proposed ML18170A181 Final ML19043A753 Comments 03/30/2001 ML010890409 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Parts 34 and 71 by reference

7 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1997-6 Radiological Criteria for License Termination Parts 20, 30, 40 and 70 62 FR 39057 08/20/2000 Final No Comments 06/21/2000 1997-7 Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 Urea Part 30 62 FR 63634 01/02/2001 Final No Comments 04/17/1998 1998-1 Deliberate Misconduct by Unlicensed Persons Parts 30, 40, 61, 70, 71 and 150 63 FR 1890; 63 FR 13773 02/12/2001 Final Proposed ML18170A181 Final ML19043A753 No Comments 06/21/2000 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Parts 61 and 71 by reference 1998-2 Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40 and 70 63 FR 29535 07/01/2001 Not Required Not Required These regulations are not required to be adopted for purposes of Compatibility.

1998-3 License Term for Medical Use Licenses Part 35 63 FR 31604 (Superceded by 2002-2) 07/10/2001 Not Required Not Required These regulations are not required to be adopted for purposes of Compatibility. (See STP-98-074)

8 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1998-4 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 07/09/2001 Final ML010780156 Proposed ML18170A181 Final ML19043A753 No Comments 03/30/2001 ML010890409 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 34 by reference 1998-5 Minor Corrections, Clarifying Changes, and a Minor Policy Change Parts 20, 32, 35, 36 and 39 63 FR 39477; 63 FR 45393 10/26/2001 R2 ML12213A254 Proposed ML18170A181 Final ML19043A753 Comments 09/14/2012 ML12234A371 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Parts 35 and 39 by reference 1998-6 Transfer for Disposal and Manifests: Minor Technical Conforming Amendment Part 20 63 FR 50127 11/20/2001 R2 ML12213A254 No Comments 09/14/2012 ML12234A371 1999-1 Radiological Criteria for License Termination of Uranium Recovery Facilities Part 40 64 FR 17506 06/11/2002 Not Applicable Not Applicable Kentucky does not have authority to regulate this material under its Agreement.

9 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 1999-2 Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 10/04/2002 Not Required Not Required These regulations are not required to be adopted for purposes of Compatibility.

1999-3 Respiratory Protection and Controls to Restrict Internal Exposure Part 20 64 FR 54543; 64 FR 55524 02/02/2003 R2 ML12213A254 No Comments 09/14/2012 ML12234A371 2000-1 Energy Compensation Sources for Well Logging and Other Regulatory Clarifications Part 39 65 FR 20337 05/17/2003 R2 ML12213A254 Proposed ML18170A181 Final ML19043A753 No Comments 09/14/2012 ML12234A371 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 39 by reference 2000-2 New Dosimetry Technology Parts 34, 36 and 39 65 FR 63750 01/08/2004 R2 ML12213A254 Proposed ML18170A181 Final ML19043A753 No Comments 09/14/2012 ML12234A371 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Part 36 regulation changes were not adopted by Kentucky because they do not have any licensees.

See RATS ID: 1993-2.

Kentucky submitted proposed regulations that adopt 10 CFR Parts 34 and 39 by reference

10 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

11 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2004-1 Compatibility With IAEA Transportation Safety Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 10/01/2007 R2 ML12213A254 Proposed ML18170A181 Final ML19043A753 No Comments 09/14/2012 ML12234A371 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 71 by reference 2005-1 Security Requirements for Portable Gauges Containing Byproduct Material Part 30 70 FR 2001 07/11/2008 R2 ML12213A254 No Comments 09/14/2012 ML12234A371 2005-2 Medical Use of Byproduct Material - Recognition of Specialty Boards Part 35 70 FR 16336; 71 FR 1926 04/29/2008 R2 ML12213A254 Proposed ML18170A181 Final ML19043A753 No Comments 09/14/2012 ML12234A371 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 35 by reference 2005-3 Increased Controls for Risk-Significant Radioactive Sources (NRC Order EA-05-090) 70 FR 72128 12/01/2005 License Condition ML053180137 No Comments 11/15/2005 ML053190005

12 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2006-1 Minor Amendments Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 03/27/2009 R2 ML12213A254 Proposed ML18170A181 Final ML19043A753 No Comments 09/14/2012 ML12234A371 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 35 by reference 2006-2 National Source Tracking System - Serialization Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 02/06/2007 Not Applicable Not Applicable Kentucky responded on 03/02/2007 to FSME 06-110 stating that they currently have no licensees applicable to this rule1.

ML070610044 2006-3 National Source Tracking System Part 20 71 FR 65685, 72 FR 59162 01/31/2009 License Condition ML083180064 No Comments 12/17/2008 ML083220486 2007-1 Medical Use of Byproduct Material - Minor Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 10/29/2010 Proposed ML18170A181 Final ML19043A753 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 35 by reference 2007-2 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32 and 150 72 FR 58473 12/17/2010

13 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2007-3 Requirements for Expanded Definition of Byproduct Material Parts 20, 30, 31, 32, 33, 35, 61 and 150 72 FR 55864 11/30/2010 Proposed ML18170A181 Final ML19043A753 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Parts 33, 35 and 61 by reference 2007-4 Order Imposing Fingerprinting Requirements and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 06/05/2008 License Condition ML080990413 No Comments 05/02/2008 ML081220993

14 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2011-2 Licenses, Certifications, and Approvals for Materials Licensees Parts 30, 36, 39, 40, 70 and 150 76 FR 56951 11/14/2014 Proposed ML18170A181 Final ML19043A753 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Kentucky submitted proposed regulations that adopt 10 CFR Part 39 by reference

15 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes 2013-1 Physical Protection of Byproduct Material Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 78 FR 16922 03/19/2016 Final ML16062A063 Proposed ML18170A181 Final ML19043A753 No Comments 03/04/2016 Ml16062A040 Comments 07/27/2018 ML18170A180 No Comments 02/25/2019 ML19043A752 Part 37 only Kentucky submitted proposed regulations that adopt 10 CFR Parts 34, 35, 39 and 71 by reference 2013-2 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions Parts 30, 40 and 70 78 FR 32310 08/27/2016

Written Reports and Clarifying Amendments Part 70 79 FR 57721, 80 FR 143 01/26/2018 Final ML19325D004 No Comments 12/17/2019 ML19325C948

  • 2015-2 Safeguards Information - Modified Handling Categorization, Change for Materials Facilities Parts 30, 37, 73 and 150 79 FR 58664, 80 FR 3865 01/28/2018 Final ML19325D004 No Comments 12/17/2019 ML19325C948 2015-3 Revisions to Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements Part 71 80 FR 33987 07/13/2018

16 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes

  • 2018-1 Medical Use of Byproduct Material - Medical Event Definitions, Training and Experience, and Clarifying Amendments, Parts 30, 32 and 35 01/14/2022 Final ML19325D004 Comments 12/17/2019 ML19325C948 Kentucky submitted final regulations that adopt 10 CFR Part 35 by reference 2018-2 Miscellaneous Corrections -

Organizational Changes Parts 37, 40. 70 and 71 12/21/2021 2018-3 Miscellaneous Corrections Parts 1, 2, 34, 37, 50, 71, 73, and 140 07/30/2022 2019-1 Miscellaneous Corrections Parts 2, 21, 37, 50, 52, 73, and 110 12/18/2022 2019-2 Organizational Changes and Conforming Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 12/30/2022

17 RATS ID NRC Chronology Identification Date Due for State Adoption Incoming Letter Outgoing Package Notes i IMPEP Team: verify that Kentucky does not have any licensees subject to these regulations during each review.

2 R means proposed revision to a final rule

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