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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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.

M. McKinley 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

M. McKinley

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 30.34(h)(1) 2001-1 H&S Terms and conditions of licenses 100:040 Section 2 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 31.5(b) 2001-1 C Certain detecting, measuring, 100:050 2012-1 gauging, or controlling Section 3 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 31.5(c)(3) 2001-1 C Certain detecting, measuring, 100:050 2012-1 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 31.5(c)(4) 2001-1 C Certain detecting, measuring, 100:050 2012-1 gauging, or controlling Section 3 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 31.5(c)(5) 2001-1 C Certain detecting, measuring, 100:050 2012-1 gauging, or controlling Section 3 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 31.5(c)(7) 2001-1 C Certain detecting, measuring, 100:050 2012-1 gauging, or controlling Section 3 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 31.5(c)(8) 2001-1 C Certain detecting, measuring, 100:050 2012-1 gauging, or controlling Section 3 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 31.5(c)(9) 2001-1 C Certain detecting, measuring, 100:050 2012-1 gauging, or controlling Section 3 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 C Certain detecting, measuring, 2012-1 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 C Certain detecting, measuring, 2012-1 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 C Certain detecting, measuring, 2012-1 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 C Certain detecting, measuring, 2012-1 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 C Certain detecting, measuring, 2012-1 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 32.51(a)(4)&(5) 2001-1 B Byproduct material contained in 100:058 devices for use under Section 4 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 32.51a(a) 2001-1 B Same: conditions of licenses 100:058 Section KY omits essentially identical rule text 4(5)(a) 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 32.51a(b) 2001-1 B Same: conditions of licenses 100:058 Section KY omits essentially identical rule text 4(5)(b) 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 32.52(a) 2001-1 B Same: material transfer reports and 100:058 records Section 4(5)

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 32.52(b) 2001-1 B Same: material transfer reports and 100:058 records Section 4(5)

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 19.13 2008-1 C Notifications and reports to 100:165 individuals Section 3(4)

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 20.1003 2008-1 A Definition: total effective dose 100:010 equivalent (TEDE)

Section 1 (312) 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 20.1201 2008-1 A Occupational Dose Limits for 100:019 Adults Section 3 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 20.2205 2008-1 C Reports to individuals of exceeding 100:019 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 20.1403 2011-1 C Criteria for license termination 100:042 under restricted conditions Section 3(3)(a) 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 20.1403 2011-1 C Criteria for license termination 100:042 under restricted conditions Section 3(3)(b) 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 20.1404(a) 2011-1 C Alternate criteria for license 100:042 termination Section 4 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 20.1501(b) 2011-1 H&S General 100:019 Section 31 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 30.34(b) 2011-1 C Terms and conditions of licenses 100:040 Section 6 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 30.35(e) 2011-1 H&S Financial assurance and 100:042 recordkeeping for

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

&15 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 40.36(d) 2011-1 H&S Financial assurance and 100:040 recordkeeping for Sections 12 decommissioning

& 15 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 40.46 2011-1 C Inalienability of licenses 100:040 Section 11 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 70.25(e) 2011-1 H&S Financial assurance and 100:040 recordkeeping for Section 13 & decommissioning 15 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 70.36 2011-1 C Inalienability of licenses 100:040 Section 6 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 40.61(a)(2) 2015-4 C Records 100:040 Section KY requires that the record only be 14(2)(b) 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 30.34(g) 2018-1 B Terms and conditions of licenses condition (along with KY needs to add to the Department adoption by after The licensee shall report and reference of before the results in License Part 35 in condition 1 (30.34(g).

902 KAR 100:072) 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 32.72 2018-1 B Manufacture, preparation, or condition transfer for commercial and 902 distribution of radioactive drugs KAR containing byproduct material for 100:058 medical use under part 35.

Section 9 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 Incoming Outgoing Notes State Adoption Letter Package 1991-1 Safety Requirements for Radiographic Equipment 01/10/1994 Final No Comments Kentucky has adopted Final Part 34 03/15/1996 Regulations equivalent to RATS ID:

55 FR 843 1997-5.

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

56 FR 11504 1997-5.

(Superceded by 1997-5) 1991-3 Standards for Protection Against Radiation 01/01/1994 Final No Comments Part 20 04/17/1998 56 FR 23360; 56 FR 61352; 57 FR 38588; 57 FR 57877; 58 FR 67657; 59 FR 41641; 60 FR 20183; 1991-4 Notification of Incidents 10/15/1994 Final No Comments Parts 20, 30, 31, 34, 39, 40 and 70 03/15/1996 56 FR 64980; Proposed Comments Kentucky submitted proposed ML18170A181 7/27/2018 regulations that adopt 10 CFR Parts ML18170A180 34 and 39 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752

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

Parts 30 and 35 1997-5.

57 FR 45566 1993-1 Decommissioning Recordkeeping and License 10/25/1996 Final No Comments Termination: Documentation Additions [Restricted 03/15/1996 areas and spill sites]

Parts 30 and 40 58 FR 39628 1993-2 Licensing and Radiation Safety Requirements for 07/01/1996 Not Applicablei Not Applicable Kentucky does not have any Irradiators licensees subject to these Part 36 regulations. (See SECY-95-112) 58 FR 7715 1993-3 Definition of Land Disposal and Waste Site QA 07/22/1996 Not Applicable1 Not Applicable Kentucky does not have any Program licensees subject to these Part 61 regulations. (See SECY-95-112) 58 FR 33886 1994-1 Self-Guarantee as an Additional Financial none Not Required Not Required These regulations are not required Mechanism to be adopted for purposes of Parts 30, 40 and 70 Compatibility.

58 FR 68726; 59 FR 1618 2

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

59 FR 28220 1994-3 Timeliness in Decommissioning Material Facilities 08/15/1997 Final No Comments Parts 30, 40 and 70 04/17/1998 59 FR 36026 1995-1 Preparation, Transfer for Commercial Distribution, 01/01/1998 Final No Comments and Use of Byproduct Material for Medical Use 04/17/1998 Parts 30, 32 and 35 59 FR 61767; 59 FR 65243; 60 FR 322 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 35 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752 1995-2 Frequency of Medical Examinations for Use of 03/13/1998 Final No Comments Respiratory Protection Equipment 04/17/1998 Part 20 60 FR 7900 3

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

Part 34 1997-5.

60 FR 28323 (Superceded by 1997-5) 1995-5 Radiation Protection Requirements: Amended 08/14/1998 Final No Comments Definitions and Criteria 04/17/1998 Parts 19 and 20 60 FR 36038 1995-6 Clarification of Decommissioning Funding 11/24/1998 R2 No Comments Requirements ML12213A254 09/14/2012 Parts 30, 40 and 70 ML12234A371 60 FR 38235 1995-7 Medical Administration of Radiation and 10/20/1998 Radioactive Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 4

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1996-1 Compatibility with the International Atomic Energy 04/01/1999 Final Comments Kentucky has not yet adopted Final Agency 06/21/2000 Regulations equivalent to RATS ID:

Part 71 2004-1.

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 71 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752 1996-2 One Time Extension of Certain Byproduct, Source 02/15/1999 Not Required Not Required These regulations are not required and Special Nuclear Materials Licenses to be adopted for purposes of Parts 30, 40 and 70 Compatibility.

61 FR 1109 1996-3 Termination or Transfer of Licensed Activities: 06/17/1999 Final No Comments Record keeping Requirements 06/21/2000 Parts 20, 30, 40, 61 and 70 61 FR 24669 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 61 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752 1997-1 Resolution of Dual Regulation of Airborne Effluents 01/9/2000 Final No Comments of Radioactive Materials; Clean Air Act 04/17/1998 Part 20 61 FR 65120 5

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

(Superceded by 2004-1) 1997-5 Licenses for Industrial Radiography and Radiation 06/27/2000 Final Comments Safety Requirements for Industrial Radiography ML010780156 03/30/2001 Operations ML010890409 Parts 30, 34, 71 and 150 62 FR 28947 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 34 and 71 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752 6

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

63 FR 29535 1998-3 License Term for Medical Use Licenses 07/10/2001 Not Required Not Required These regulations are not required Part 35 to be adopted for purposes of 63 FR 31604 Compatibility. (See STP-98-074)

(Superceded by 2002-2) 7

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

64 FR 17506 8

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

Part 31 64 FR 42269 1999-3 Respiratory Protection and Controls to Restrict 02/02/2003 R2 No Comments Internal Exposure ML12213A254 09/14/2012 Part 20 ML12234A371 64 FR 54543; 64 FR 55524 2000-1 Energy Compensation Sources for Well Logging 05/17/2003 R2 No Comments and Other Regulatory Clarifications ML12213A254 09/14/2012 Part 39 ML12234A371 65 FR 20337 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 39 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752 2000-2 New Dosimetry Technology 01/08/2004 R2 No Comments Part 36 regulation changes were Parts 34, 36 and 39 ML12213A254 09/14/2012 not adopted by Kentucky because 65 FR 63750 ML12234A371 they do not have any licensees.

See RATS ID: 1993-2.

Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 34 and 39 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752 9

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

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

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

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

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

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

  • 2012-1 Change of Compatibility of 01/25/2015 Final Comments Parts 31.5 and 31.6 ML19325D004 12/17/2019 (See RATS ID: 2001-1 for Rule text) ML19325C948 77 FR 3640 2012-2 Advance Notification to Native American Tribes of 08/10/2015 Proposed Comments Kentucky submitted proposed Transportation of Certain Types of Nuclear Waste ML18170A181 07/27/2018 regulations that adopt 10 CFR Part Part 71 ML18170A180 71 by reference 77 FR 34194 Final No Comments ML19043A753 02/25/2019 ML19043A752 2012-3 Technical Corrections 08/06/2015 Proposed Comments Kentucky submitted proposed Parts 30, 34, 40 and 71 ML18170A181 07/27/2018 regulations that adopt 10 CFR Part 77 FR 39899 ML18170A180 34 and 71 by reference Final No Comments ML19043A753 02/25/2019 ML19043A752 2012-4 Requirements for Distribution of Byproduct Material 10/23/2015 Parts 30, 31, 32, 40 and 70 77 FR 43666 14

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

  • 2015-2 Safeguards Information - Modified Handling 01/28/2018 Final No Comments Categorization, Change for Materials Facilities ML19325D004 12/17/2019 Parts 30, 37, 73 and 150 ML19325C948 79 FR 58664, 80 FR 3865 2015-3 Revisions to Transportation Safety Requirements 07/13/2018 Proposed Comments Kentucky submitted proposed and Harmonization with International Atomic *extended to ML18170A181 07/27/2018 regulations that adopt 10 CFR Part Energy Agency Transportation Requirements 08/15/2020 ML18170A180 71 by reference Part 71 See STC 17-060 80 FR 33987 Final No Comments ML19043A753 02/25/2019 ML19043A752 15

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

  • 2018-1 Medical Use of Byproduct Material - Medical Event 01/14/2022 Final Comments Kentucky submitted final regulations Definitions, Training and Experience, and Clarifying ML19325D004 12/17/2019 that adopt 10 CFR Part 35 by Amendments, ML19325C948 reference Parts 30, 32 and 35 2018-2 Miscellaneous Corrections - 12/21/2021 Organizational Changes Parts 37, 40. 70 and 71 2018-3 Miscellaneous Corrections 07/30/2022 Parts 1, 2, 34, 37, 50, 71, 73, and 140 2019-1 Miscellaneous Corrections 12/18/2022 Parts 2, 21, 37, 50, 52, 73, and 110 2019-2 Organizational Changes and Conforming 12/30/2022 Amendments Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, 100, 140, and 150 16

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 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 17

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