ML20133G679
| ML20133G679 | |
| Person / Time | |
|---|---|
| Issue date: | 01/03/1997 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Cooper V KANSAS, STATE OF |
| References | |
| NUDOCS 9701160119 | |
| Download: ML20133G679 (11) | |
Text
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l Mr. Vick L. Cooper, Acting Chief 3
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Radiation Control Program i
Forbes Field, Building 283 Topeka, KS - 66620-0001 5
Dear Mr. Cooper:
i We have reviewed the final amended Kansas rules, as enclosed with your letter dated October 21,1996. The rules were reviewed by comparison to the equivalent NRC i
regulations in 10 CFR Parts 30,31,34, and 39. We acknowledged receipt of the rules on December 23,.1996, in a telephone conversation between yourself and Mr. Richard Blanton of my staff.
As the result of the review we have no comments..Please note that only the rules that are Division 1 or 2 compatibility requirements were reviewed. Based on our review of these rules, we find that the rules meet current compatibility criteria.
We also wish to answer the question you raised in the next-to-last paragraph of your letter. You are correct that rules equivalent to 10 CFR Part 36 need not be adopted if there are no large irradiator licensees in Kansas. You further state your understanding of actions to be taken in the event an application for a license for a large irradiator is i
received. NRC staff believes this statement is a commitment on the part of the Kansas.
i program to apply regulatory requirements equivalent to 10 CFR Part 36 to the applicant, either as adopted rules or other legally binding requirements. This commitment is sufficient to meet current compatibility criteria for 10 CFR Part 36 given there are no current large irradiator licensees in the State.
If you have any questions regarding the compatibility criteria or any of the NRC rules used j
in the review, please contact me at (301) 415-2326, or Mr. Blanton at (301) 415-2322.
Sincerely, Original Signed Br.
PAUL H. LOHAUS Paul H. Lohaus, Deputy Director Office of State Programs i
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p Cooper, Acting Chief i
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' Forbes ield, Building 283 j
- Topeka,g S.66620-0001 1
Dear Mr. coper:
j We have reviewed the final amended Kansas rules, as enclosed with your letter dated October 21, ibp6. The rules were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 30,31,34, and 39. We acknowledged receipt of the rules on s
December 23,19Q6, in a telephone conversation between yourself and Mr. Richard Blanton of my staff
, As the result of the r view we have no comments. Please note that only the rules that are Division 1 or 2 compahbility requirements were reviewed. Based on our review of these
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rules, we find that the rhes meet current compatibility criteria, j
We also wish to answer t question you raised in the next-to-last paragraph of your letter. You are correct that ules equivalent to 10 CFR Part 36 need not be adopted if j
there are no large irradiator licensees in Kansas. You further state your understanding of actions to be taken in the eve'nt an application for a license for a large irradiator is received. NRC staff believes t$ss statement is a commitment on the part of the Kansas i
program to apply regulatory requi either as adopted rules or other le,rements equivalent to 10 CFR Part 36 to the applicant, gally binding requirements. This commitment is sufficient to meet current compatibility criteria for 10 CFR Part 36 given there are no current large irradiator licensees in t State.
If you have any questions regarding the compatibility criteria or any of the NRC rules used 1
in the review, please contact me at (301) 415-2326, or Mr. Blanton at (301) 415-2322.
- incerely, Pa g. Lohaus, Deputy Director H
Office of State Programs Distnbution:
DIR RF (6S-270)
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'S e previous concurrence.
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' Mr. Vick L. Cooper, Acting Chief j
Radioactive Materials & X-ray Section Bureau of Air and Radiation ' '
Radiation Control Program 2
Forbes Field, Building 283 Topeka, KS 66620-0001 i
Dear Mr. Cooper:
3 We have reviewed the final amended Kansas rules as enclosed with your letter' dated October 21,1996. The ru!ss were reviewed by comparison to the equivalent NRC -
i regulations in 10 CFR Parts 30,31,34, and 39. We acknowledged receipt of the rules on December 23,' 1996, in a telephone conversation tween yourself and Mr. Richard Blanton 4"
of my staff.
[
As the result of the review we have no comments.
ease' note that only the rules that are j
Division 1 or 2 compatibility requirements were reviewed. Based on our review of these
~1 rules, we find that the rules meet current compatibili y criteria.
4 l
We also wish to answer the question you raised in th. next-to-last paragraph of your letter.
You are correct that rules equivalent to 10 CFR Part 36 need not be adopted if there are no
)
large irradiator licensees in Kansas. You further state our understanding of actions to be i
taken in the event an application for a license for a lar irradiator is received. NRC staff l
believes this statement is a commitment on the part of\\the Kansas program to apply regulatory requirements equivalent to 10 CFR Part 3614 the applicant, either as adopted 4
rules or other legally binding requirements. This commitment meets the current compatibility criteria for 10 CFR Part 36 when there are o current large irradiator licensees in the State.
l If you have any questions regarding the compatibility cri ria or any of the NRC rules used i'
in the review, please contact me at (301) 415 2326, or
- r. Blanton at (301) 415-2322.
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Sincerely,
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Paul H. Lohaus, Deputy Director J
Office of State Programs
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%*****)I WASHINGTON. D.C. 20666-0001 January 3, 1997 Mr. Vick L. Cooper, Acting Chief Radioactive Materials & X-ray Section l
Bureau of Air and Radiation Radiation Control Program.
Forbes Field, Building 283 Topeka, KS 66620-0001
Dear Mr. Cooper:
We have reviewed the final amended Kansas rules, as enclosed with your letter dat'ed October 21,1996. The rules were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 30,31,34, and 39. We acknowledged receipt of the rules on December 23,1996,in a telephone conversation between yourself and Mr. Richard Blanton of my staff.
As the result of the review we have no comments. Please note that only the rules that are-Division 1 or 2 compatibility requirements were reviewed. Based on our review of these rules, we find that the rules meet current compatibility criteria.
We also wish to answer the question you raised in the next to-last paragraph of your letter. You are correct that rules ~ equivalent to 10 CFR Part 36 need not be adopted if
. there are no large irradiator licensees in Kansas. You further state your understanding of actions to be taken in the event an application for a license for a large irradiator is received. NRC staff believes this statement is a commitment on the part of the Kansas program to apply regulatory requirements equivalent to 10 CFR Part 36 to the applicant, either as adopted rules or other legally binding requirements. This commitment is sufficient to meet current compatibility criteria for 10 CFR Part 36 given there are no current large irradiator licensees in the State.
If you have any questions regarding the compatibility criteria or any of the NRC rules used in the review, please contact me at (301) 415-2326, or Mr. Blanton at (301) 415-2322.
Sincerely,
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aul H. Lohaus, Deputy Director Office of State Programs
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i ROUTING AND TRANSMITTAL SLIP DATE: bECEMBER 31, 1994 CONCURRENCE RE0 VESTED
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LETTER T0: VICK L. COOPER, ACTING CHIEF RADI0 ACTIVE MATERIALS & X-RAY SECTION KANSAS RADIATION CONTROL PROGRAM
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FROM:
PAUL H. LOHAUS, DEPUTY DIRECTOR OFFICE OF STATE PROGRAMS
SUBJECT:
RESPONSE TO OCTOBER 21, 1996 LTR REGARDING FINAL AMENDED KANSAS RULES FOR NRC REVIEW
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YOUR CONCURRENCE IS REQUESTED BY C.O.B. JANUARY 14. 1997.
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OSP CONTACT: RICHARD BLANTON (415-2322) s
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x PLEASE CALL KATHALEEN KERR (415-3340) FOR PICK UP.
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UNITED STATES j
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WASHINGTON, D.C. 20066-0001 g
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r Mr. Vick L. Cooper, Acting Chief Radioactive Materials & X-ray Section Bureau of Air and Radiation -
Radiation Control Program Forbes Field, Building 283 Topeka, KS 66620-0001
Dear Mr. Cooper:
We have reviewed the final amended Kansas rules, as enclosed _with your letter dated October 21,1996. The rules were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 30,31,34,~ and 39. We acknowledged receipt of the rules on December 23,1996,in a telephone conversation between yourself and Mr. Richard Blanton of my staff.
i r
As the result of the review we have no comments. Please note that only the rules that are Division 1 or 2 compatibility requirements were reviewed. Based on our review of these rules, we find that the rules meet current compatibility criteria.
t
' We also wish to answer the question you raised in the next-to-last paragraph of your letter. You are correct that rules equivalent to 10 CFR Part 36 need not be adopted if there are no large irradiator licensees in Kansas. You further state your understanding of h
actions to be taken in the event an application for a license for a large irradiator is l
received. NRC staff believes this statement is a commitment on the part of the Kansas M
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either as adopted rules or other legally binding requirements. This comm current compatibility criteria for 10 CFR Part 36 wbsp$here are no current large irradiator /gl licensees in the State.
If you have any questions regarding the compatibility criteria or any of the NRC rules used in the review, please contact me at (301) 415-2326, or Mr. Blanton at (301) 415-2322.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
NRO FORM 8B W
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NRCMD 3.57 x
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O BACKGROUND AND SIGNATURE TAB USE THIS SIDE OF THE SHEET TO PRECEDE THE BACKGROUND MATERIAL WHEN ASSEMBLING CORRESPONDENCE (USE REVERSE SIDE FOR SIGNATURE TAB)
NRC FORM 8B (7-94)
NRCMD 3.57 BACKGROUND AND SIGNATURE TAB USE THIS SIDE OF THE SHEET TO PRECEDE THE SIGNATURE PAGE WHEN ASSEMBLING CORRESPONDENCE (USE REVERSE SIDE FOR BACKGROUND TAB) l 02 kE, m
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AGREEMENT STATE RULE REVIEW Kansas October 1996 amendments December 1996 EXPLANATION OF FINDINGS CODES IN THE COLUMN LABELED " ACCEPTABLE" OR " STATE RULE":
For Division 1 regulations:
The State section number in the "[]" means the submitted regulation is essentially identical to the equivalent CFR regulation.
For Division 2 regulations:
The State section number in the "[]" (without redline) means the submitted regulation is essentially identical to, or more stringent (protective) than, the equivalent CFR regulation. Redline means the submitted regulation is NOT essentially identical to, or more stringent (protective) than, the equivalent CFR regulation, as explaned in the ENDNOTE.
Division 3 definitions and regulations were not reviewed.
Devision 1 definitions and regulations are considered " essentially identical" only if they are word for word the same, except fcr the following specific differences:
A.
Identifying numbers may be changed to conform to the State numbering system.
B.
The provisions of a definition or regulation may be resequenced.
C.
i.
Terms may be substituted for " commission,"" agency,""this part,""this chapter" or "these regulations."
ii.
The word " rule" may be interchanged with the word " regulation," and the word "shall" may be interchanged with the word "must."
iii.
Other non-substantive wording changes similar in nature may be made to conform the definition or regulation to the State editorial style.
D.
The defindion or regulation may be expanded to incorporate sources of radiation other than source, byproduct and special nuclear materials, provided the additional sources are subject to the same requirements.
E.
The definition or regulation may specify the use of SI units for recordkeeping and reporting.
F.
Any portion of the text of a CFR definition or regulation which provides supplemental information, an example, or a reference (for convenience) to another definition or regulation may be omitted.
C:\\ OFFICE \\WPWIN\\WPDOCS\\WP{WP}.BK2
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Rule Package: Kansas October 1996 amendments Diy NRC rule Rule subiect State rule 10 CFR Part 30 RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL EQUIVALENT SECTIONS AFFECTED:
2 30.32(i)
Application - emergency planning
[28-35-193b]
2 30.33(a)
General requirements for issuing specific licenses
[28-35-180a(a)- (e)(3)]
2 30.34(h)
Terms and conditions of specific licenses - bankruptcy
[28-35-180a(g)]
2 30.35 Financial assurance and recordkeeping for decommissioning
[28-35-180a(e)(4)]
2 30.50 Reporting requirements
[28-35-184b]
2 30.72 (Schedule C)
Quantities of material requiring emergency planning
[28-35-202, Schedule H]'
2 Appendix B (Table)
Quantities for decommissioning
[28-35-201, Schedule F]
ALL OTHER PART 30 SUBSECTIONS UNCHANGED BY THIS RULEMAKING 10 CFR Part 31 GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL EQUIVALENT SECTION AFFECTED:
2 31.5 Certain measuring, gauging or controlling devices
[28-35 _178b]2 ALL OTHER PART 31 SUBSECTIONS UNCHANGED BY THIS RULEMAKING 2
Rule Package: Kansas October 1996 amendments Diy NRC rule Rule subject State rule 10 CFR Part 34 LICENSES FOR RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHIC OPERATIONS EQUIVALENT SECTIONS AFFECTED:
2 34.20 Performance requirements for radiography equipment
[28-35-291) 2 34.30 Reporting requirements
[28-35-290) 1 ALL OTHER PART 34 SUBSECTIONS UNCHANGED BY THIS RULEMAKING 10 CFR Part 39 LICENSES AND RADIATION SAFETY REQUIREMENTS FOR WELL-LOGGING 2
39.77 Notification of incidents and lost sources; abandonment procedures for
[28-35-362J irretrievable sources ALL OTHER PART 39 SUBSECTIONS UNCHANGED BY THIS RULEMAKING 3
NOTES:
- 1. K.A.R. 28-35-202, Schedule H Equivalent to 10 CFR 30.72 (Schedule C) a division 2 requirement. The entry for Carbon-14 has text underneath reading "non CO", however the text should read "non CO " or "non-carbon dioxide". In order to ensure compa'ibihty, it should be 2
corrected at the next opportunity.
- 2. K.A.R. 28-35-178b Equivalent to 10 CFR 31.5, a division 2 requirement. The Kansas rule does not contain the description of persons eligible to use the general license. To assure compatibility, the description should be added unless it is specified in a part of the rule which was not submitted for review.
- 3. K.A.R. 28-35-291 Equivalent to 10 CFR 34.20, a division 2 requirement. The Kansas rule in subsection (b)(2) refers to 10 CFR 71.51 effective on April 15,1992. This is incorrect since 10 CFR Part 71 was revised effective April 1,1996, however, further rulemaking in 10 CFR Part 34 may change the requirements for radiographers that use type B transport containers. It is recommended that any compatibility issue raised by the incorrect reference be held in suspension pending completion of the Part 34 rulemaking.
Rule Package: Kansas October 1996 amendments 4
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- 1996 N E_ STARTED - 10/31/96 TASK DUE -
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TASK DESCRIPTION - 10/21 LTR ADVISES OF KS ADOPT OF AMENDED REGS & IF KS
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IS REQ TO IMPLEMENT LICENSEE & RAD SAFTY REQ F/LG IRRAD 2
REQUESTING OFF. - KANSAS REQUESTER - V.L.
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State of Kenses Bill Graves bM Governor Department of Health and Environment James J. O'Connell, Secretary October 21,1996 3
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RICHARD L BANGART DIRECTOR OFFICE OF STATE PROGRAMS (3D 23) rd U S NUCLEAR REGULATORY COMMISSION d*
WASHINGTON DC 20555-0001
Dear Mr. Bangart:
1 This is to advise you that we have currently amended and adopted the following regulations :
K.A.R. 28-35-178b. Amendment changes to recognize a new reporting requirement for accidents which involve radioactive materials, but are not incidents as defined in K. A.R. 's.
K.A.R. 28-35-180a. Amendment which adds a new table schedule to assist the department and licensees to determine the correct level of funding for surety that is now required.
1 K.A.R. 28-35-184b. New regulation which establishes notification for accidents, clarifies requirements, and establishes response times and procedures.
i
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K.A.R. 28-35-193b. New regulation which establishes the need for emergency planning for certain licensees.
K. A.R. 28-35-201. New regulation which establishes a new schedule for use with 28-35-180a. as amended.
K.A.R. 28-35-202. New regulation which establishes a new schedule for use with 28-35-193b. as adopted.
K.A.R. 28-35-290. New regulation to provide reporting of emergencies pursuant to 28-35-193b for industrial radiographers.
K.A.R. 28-35-291. New regulation which sets new standards for industrial radiography equipment.
K. A.R. 28-35-363. Amendment adds language to require emergency notifications pursuant to 28-35-184b for wireline operators.
Division of Environment. Bureau of Air and Radiation Telephone: (913) 296-1560 Forbes Field. Building 283. Topeka KS 66620-0001 FAX: (913) 2964984
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To the best of our knowledge, this action assures the compatibility of our rules with NRC regulations, except for regulations dealing with " Licensees and Radiation Safety Requirements for Large Irradiators."
The other purpose of this letter is to inquire if we will be required to implement the " Licensees and Radiation Safety Requirements for Large Irradiators" to maintain compatibility. Kansas currently has no large irradiators which meet the definition found in 10 CFR, Part 36.2 nor have we ever had such an irradiatior. It is understood that if a license application was received for a large irradiator, we would immediately need to start the rulemaking process. In the interim, we would be able to address the rule issue through the license condition process.
)
Your assistance in this matter is greatly appreciated. If you have any questions or we can be of assistance, please do not hesitate to contact this office.
Sincerel,
1 Vick L. Cooper, Acting Ch ef Radioactive Materials & X-ray Section Bureau of Air and Radiation Radiation Control Program VLC/psw Enclosures i
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Kansas Department of Health and Environment K.A.R.
28-35-178b Page 6 and K. A.R. 28-35-184b.
(Authorized by and implementing K.S. A. 4904 Cupp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended P-
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- April 21, 1996 Kansas Department of Health and Environment Proposed Amended Permanent Regulation 28-35-178b.
General license-certain measuring, gauging and control devices.
(a) (1)
Subject to the provisions of subsection (b) and (c) of this regulation, a general license is hereby issued to acquire, possess, use and transfer radioactive material which is contained in any device designed, manufactured and used for one or more of the purpocc cf followino ourooses:
.(Al detecting, measuring, gauging or controlling thickness,
- density, level interface
- location, radiation
- leakage, or qualitative or quantitative chemical composition 71 or IE)_
for the purpocc of producing light or an ionized atmosphere.
(2)
The general license issued in paragraph (1)
<?f this subsection shall apply only to radioactive material contained in any device which has been manufactured and labeled by a
manufacturer in accordance with the specifications of a specific license issued to that manufacturer by the secretary, the U.
S.
nuclear regulatory commission or an agreement state.
(b)
Each person who acquires, possesses or uses radioactive material in a device pursuant to the general license issued in subsection (a) of this regulation shall comolv with the followina recuirements:
(1)
Each person subiect to this subsection shall assure that all labels which are affixed to the device at the time of receipt DDT.0F ADMINISTRATION APPROVED gyfdall/*0 ATE 0
ANEY ZNEMU JUN 2 5,oor Kansas Department of Health and Envi meg g w6 K.A.R. 178b Page 2 and which bear a statement that removal of the label is prohibited are maintained and shall comply with all instructions and precautions provided by these labelst2 (2)
Each Der. son subiect to this subsection shall assure that the device is tested for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, at no longer than six-month intervals or at such other intervals as are specified in any manufacturer's label affixed to the device, excepttas follows.
ti-).(A). Ocvicco contcining only krypton nccd Such person shall not be reauired to tected test devices containina only Krvoton for leakage of radioactive material; cnd t ti-i-).Q). deviccc Such cersons shall not be reauired to test.
for any ourcose, any device containing only tritium or.not more than 100 microcuries of other beta or gamma-emitting material or 10 microcuries of alpha-emitting material cnd dcviccs or any device held in storage in the original shipping container prior to initial installation nccd nct b tested for cny purpcac;.
(3)
Each person subiect to this subsection shall assure that the tests required by paragraph (b) (2) of this subsection and other operations involving testing, installation, servicing 7 and removal from installation of the radioactive material, its shielding or J
containment, are performed:
tit.LM. In accordance with instructions provided on labels affixed to the device; or APPROVED NfT.0F ADMINISTRATION p djw _DAl@
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ATmRNE( 3ENERAL' JUll 2 5 m Kansas Department of Health and Environment myrnvysp #
K.A.R.
28-35-178b j
Page 3
-(-i-it.m)_ by a person holding a specific license to perform such activitiest.r_
(4)
_(A).
Each Derson subiect to this subsection shall maintain records showing compliance with the requirements of paragraphs (b) (2) and (b) (3) of thi; substation. The records shall show the results of t sts each test.
The records also shall show the dates of, and the na=c cf pcracn; perf$rming, the testing, installation, servicing, or removal from installation of the radioactive material, its shielding or containment and the name of each Derson oerformina one or more of these activities.
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Such cersons shall maintain records of tests for leakage of radioactive material required by paragraph (b) (2) cf this cub:::tien shall be maintained for one year after the next, required leak test is performed or until the sealed source is transferred or disposed.
Such persons shall maintain records of tests of the on-off mechanism and indicator, as required by paragraph (b)(2) cf this
- tion, shall be maintained for one year of after the next, required test of the on-off mechanism and indicator is performed or until the sealed source is transferred or disposed.
Such nersons shall maintain records which are required by paragraph (b) (3) of this subs : tion shall be maintained for a period of two years from the date of the recorded event or until the device is transferred or disposed.
(5)
Upon a failure of or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive offi.0F ADMINISTRATION APPROVtD DAM M
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K.A.R.
28-35-178b Page 4 material or the on-off mechanism or indicator, or upon the
> detection of 0.005 microcurie or more removable radioactive material, th; lican :: each cerson subiect to this subsection shall take the followina actions:
_(Al immediately suspend operation of the device until u _the device:
11). has been repaired by the manufacturer or other person holding a specific license to repair such devices 71 or the devic; (ii) is transferred to a person authorized by a specific license to receive the radioactive material contained in the device 71 and shall
.@).
within 30 days, furnish to the secretary a report containing a brief description of the event and the remedial action taken+2 (6)
Each nerson subiect to this subsection shall not abandon the devicets (7)
Except as provided in paragraph (c) (8) of this subsection, gjlLgh nerson subiect to this subsection shall transfer the device only to a person holding a specific license to receive the device and7 within 30 days after the transfer, shall furnish to the secretary a written report containing an identification of the device by manufacturer's name and model numbert and the name and address of the person to whom the device was transferred.
- However, a
report shall not be required if the device is transferred to a specific licensee only for the purpose of APPR0 0 g,M ADMINISTRATION g yms
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K.A.R.
28-35-178b
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Page 5 obtaining a replacement devicet.,.
l (8)
Each Derson subiect to this subsection shall transfer the device to another general licensee only:
l
-(-i-)-
_(A). When the device remains in use at a particular location.
In this case, the transferor shall give the transferee
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a copy of this regulatio. end any safety documents identified in sny label affixed to the device, and within 30 days of the transfer, provide a written report to the secretary containing identification of the device by manufacturer's name and model l
number.,. and the name and address of the transferee, and the name l
and position of an individual who may be contacted by the secretary l
concerning the device; or l
-(-i-it,LE)_ When the device is held in storage in the original shipping container at its intended location of use prior to initial use by a general licenseet-end.,.
l (9)
Each Derson subiect to this subsection shall comply with the provisions of K.A.R. 28-35-228a and 28-35-229a of this chapter for reporting relatina to reDorts of radiation incidents, theft or loss of licensed material, but shall be exempt from the other l
requirements of parts 4 and 10 of these regulations.
(c)
Nothing in this rule and regulation shall be deemed to authorize the manufacture of any device containing radioactive material.
(d)
The general license issued in subsection (a) of this regulation shall be subject to the provisions of K. A.R. 28-35-184a DU7.0F ADMINISTRATION APPROVED R
j " __DATE_ d. 4 TG
l-June 17, 1996 Kansas Department of Health and Environment Proposed Amended Permanent Regulation 28-35-180a. General requirements for the issuance of specific licenses.
An application for a specific license shall only be approved if the secretary determines that the application complies with the provisions of theos rc pletions K.A.R.
28-35-133 through K.A.R.
28-35-363.
(a)
Each The applicant shall 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 the public health and minimize danger to life and property.
(b)
The epp12 cent's proposed equipment, facilities, and procedures used by each applicant shall be adequate to protect the public health and minimize danger to life and property.
(c)
A specific The license shall be approved if the secretary determines it will not be inimical to the health and safety of the public.
(d)
Each The applicant shall meet the requirements prescribed in these regulations for the mesuence of the particular license sought.
(e)
Each application for a license for commercial waste
- disposal, source material milling or other activity which the secretary determines will significantly affect the environment shall meet the following conditions.
(1)
Each applicant shall provide information which permits ATTCRNEY E!ERAL e,y xDu m ancM APPROVED G @f 6 g,hjuM%
DATE JUtl 2 a,1996, gay ra * *"
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 2 i
the secretary to weigh the environmental, economic, technical and other benefits against the environmental costs and alternatives.
(2)
Each determination made by the secretarv to approve a i
specific license shall be based upon the followina:
_(A1.
thrrng the information provided in K. A.R. 28-35-180a (e) (1) and other information as necessary.;_ and in occordenum with
_(El the applicable portions of 10 CFR Part 51 Subpart A S
51.45 an in effect April 30, 1992, detercuiustivu shell Le u.ede a
by LLe eccretely whether the eci.cn called fc Io 25sLauce Of Lhe licunse.
(3)
Each applicant shall be authorized to begin The epplicent's ccu.imncmuieuL of construction shall Legin only after the secretary approves determic.es that the &ct cu uslied for s
issuance of the license.
Commencement of construction prior to the secretary's determination shall be grounds for denial of the license.
. Commencement of constructionu as used here means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site.
(4)
The epplacent shell ui&ke fin &nciel euroLy almensen.ents fe sit.c recleai& Lieu guionaut to K.S.A.
4G-1623, and es cLhmi-13e pw sided.
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- d. e p r.L DEPT.0F ADMINISTRATION AFPROVED 2 / 1 d e _DATE bbb il.41 25 1996'.
BY v
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Kansas Department of Health and Environment K.A.R. 28-35-180a Page 3
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WY_K_%J W W e.
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4 4
Kansas Department of Health and Environment i
K.A.R. 28-35-180a Page 4 l
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On and after 1996. each applicant for a specific license authorizino the possession and use of unsealed radioactive material with a half-life greater than 120 days and in quantities exceeding 5
1.Q times the applicable quantities set forth in K.A.R.
28-35-201.
Sc,hedule F shall submit a decommissionino_ fundine_ o_lan as described i
in paragr1ph (e) (8) of this reculation.
The applicant shall also submit the decommissionina funding plan when a combination of 5
isotones is involved if R divided by 10 is creater than 1 (unity rule) where R is defined here as the sum of the ratios of the cuantity of each isotope to the applicable value in K.A.R'.
28 201. Schedule F.
(5). h er after.1,996. each acclicant for a soecific license MI?L:hl%Li,; lithhL
~~
DEPT, OF ADMINISTRATION APfROVED M 25 1996 liv & om /r/ff' sy
,, _o. y.., * * "
4 Kansas Department of Health and Environment K.A.R. 28-35-180a i
Page 5 authorizing possession and use of radioactive material with a half-life creater than 120 days and in cuantities specified in Table I of this reculation shall either:
(A) submit a decommissionina fundina plan as described in paragraph (e) (8) of this reaulatione or (E) submit a certification that financial assurance for decommissionina has been provided in the amount prescribed by Table I. using one of the methods described in paracraph (e) (9) of this reculation.
(i)
This certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued.
but before the receipt of licensed material.
If the applicant defers execution of the financial instrument recuired under paragraph (e) (9) 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.
(ii)
If the applicant does not defer execution of the financial instrument recuired under paragraph (e) (9) the applicant shall submit to the department. as part of the certification. a signed original of the financial instrument.
(6)
Each holder of a specific license issued before October 1.
1996 which is of a type described in K.A.R.
28-35-180a (e) (4) or (5) shall orovide financial assurance for decommissioning in accordance with the criteria established below.
ATTCurett acumL unon 80" P DE 0011 2 3 1996 m ayyw "'" j SL
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 6 (A)
Each holder of a specific license issued before October 1.
1996 which is of a tvoe described in K.A.R.
2 8-3 5 -18 0a (e) (4 )
shall submit a decommissioninc fundino clan as described in K.A.R.
4 28-35-180a paragraph (e) (8) or a certification of financial assurance for decommissioning in an amount at least ecual to 4
$750.000.00.
The plan or certification shall be submitted to the department in accordance with the criteria set forth in this regulation. not later than 90 days after October 1 1996.
If'the licensee submits a certification of financial assurance rather than a decommissioning funding clan.
the licensee shall include a decommissioning fundino plan in any application for license renewal.
(B)
Each holder of a specific license issued before October 1.
1996 which is of a tvoe described in K.A.R.
28-35-180a (e) (5) shall submit a decommissioning funding plan as described in K.A.R.
28-35-180a (e) (8) or a certification of financial assurance for decommissioning.
The plan or certification shall be submitted to the department. in accordance with the criteria set forth in this regulation. not later than 90 days after October 1.
1996.
(7)
The amounts of financial assurance required for decommissioning, by cuantity of material, shall be set out in Table L.
MiklSTRArjog M
ATTRNEY TiNEML Jel 2 5199(
A y ee n O V 5 W
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 7 Table I Financial Assurance for Decommissioning by Ouantity of Material Where the possession limit is greater 4
than 10 but less than or equal to 5
10 times the appliceble quantities in K.A.R.
28-35-201. Schedule F.
regulations in unsealed form.
.$750.000.00 Where a combination of isotopes exist.
if R.
as defined in K.A.R.
28-35-180a 4
(e) (4) divided by 10 is greater than 1.
but R divided by 1D_5 is equal to or less than one.
.$750.000.00 Where the possession limit is greater 3
than 10 but less than or equal to 4
10 times the applicable quantities of K.A.R.
28-35-201. Schedule F.
in unsealed form.
.3150.000.00 For a combination of isotopes, if R.
as defined in K.A.R.
DEPT.0F ADMINISTRAT10N APPROYED BY
~ V DATE G " T ~?'c 28-35-180a (e) (4) divided by 2
10 is greater than one, but R divided 4
by 10 is less than or equal to one.
.$150.000.00 Where the nossession limit is creater than Al:Cl.:itt( inti AL JUtl 2 5 199 (
w *5"y,f mm
i
)
Kansas Department.of Health and Environment K.A.R. 28-35-180a Page 8 i.
10
'10 times the applicable cuantities in t
K.A.R.
28-35-201. Schedule F.
4 in sealed sources or foils.
.$ 75.000.00 For a combination of isotones, if R.
as 4
j-defined in K.A.R.
28-35-180a (e) (4)
I
]
i divided by 10 is greater than one.
.$ 75.000.00 10 i
j (8)
Each decommissioninc funding plan shall contain the followinc:
1 (A) a cost estimate for decommissioninc; (B) a description of the method of assuring funds for decommissioninc. selected from the methods available under K.A.R.
l 28-35-180a (e) (9) -
(C) a description of the means for oeriodicallv-adjustinc cost estimates and associated fundina levels over the life of the
-l facility; (D) a certification by the licensee that financial assurance for decommissioning has'been provided in the amount of the cost-estimate for decommissioninc; and (E) a sicned original of the financial instrument obtained to satisfy the recuirements of K.A.R.
28-35-180a (e) (9)
(9)
Each licensee shall nrovide financial assurance for decommissioning by one or more of the following methods.
j
_(Al Prepavment.
" Prepayment" means a deposit of cash or licuid assets which is made:
(i) orior to the start of ooeration into an account which is Al :Uld;ti '~NERAL CETT.OF ADMINISTRADON AP M
'I doekt. CrE G//~ff, z.I 2 a~ 199e' U
~
a
&j
_. _ _. ~
[
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 9
- l segregated from the licensee's assets and outside of the licensee's administrative control and (ii) in an amount which would be sufficient to pay decommissionina costs.
i The prepavment may be in the form of a trust. escrow account, e
government fund, certificate of deposit. or deposit of covernment
~
securities.
(B)
A, surety method, insurance. or other cuarantee method.
The licensee may use a surety, insurance. or other similar means to 4
guarantee that decommissioning costs will be raid.
A surety method may be in the form of a suretv bond. letter of credit. or line of credit.
A parent' company guarantee of funds for decommissioning costs based on a financial test may be used if the guarantee and test meet the recuirements of K.A.R.
28-35-203.
Schedule G.
A parent company cuarantee shall not be used in combination with other financial methods to satisfy these recuirements.
A auarantee of funds by the applicant or licensee for decommissioning costs based on a financial test may be used if the guarantee and test meet the recuirements of K.A.R.
28-35-203. Schedule G.
A auarantee by the applicant or licensee shall not be used in combination with any other financial methods to satisfy these requirements or in any situation where a parent company of the applicant or licensee holds majority control of the voting stock of the company.
Any surety method or insurance used to provide financial assurance for decommissionina shall contain the following conditsense.pg.',':g;Q n
6 e t.
- %04 g3 J&l 2 51996' msures a,,#
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 10 (i)
The surety or insurance shall be open-ended, or if written for a specified term shall be renewed automatically unless 90 days or more prior to the renewal date the insurer notifies the department, the beneficiarv. and the licensee of its intention not to renew.
The surety or insurance shall also provide that the fall face amount will be paid to the beneficiary automatically prior to the expiration without proof of forfeiture if the licensee fails to provide a renlacement acceptable to the decartment within 30 davs after receipt of notification of cancellation.
(ii) The surety or insurance shall be payable to a trust established for decommissioning costs.
The trustee and trust shall be acceptable to the department.
An acceptable trustee may include an appropriate state or federal agency or an entity which has the authority to act as a trustee and whose trust coerations are regulated and examined by a federal or state agency.
(iii) The surety or insurance shall remain in effect until the department has terminated the license.
(C)
External sinking fund.
A licensee may provide financial assurance for decommissioning through an external sinking fund in which deposits are made at least annually. coupled with a surety or insurance.
The value of the surety or insurance may decrease by the amount accumulated in the sinking fund.
" External sinking fund" means a fund:
(i) established and maintained by setting aside funds ceriodically in an account secrecated from t he aMeen see ' s. a s se t s
~
~
~
til i Uli1TL ? QQtQ DEPT.Of ADMIN!STRAT10N APPROYED b g DATE 6-/f-fg M
gg BY u,.,a, s
- L
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 11 and outside the licensee's administrative control: and (ii) in which the total amount of the funds would be sufficient to nay decommissionina costs at the time termination of the coeration is exoected.
An external sinkina fund may be in the form of a trust, escrow account, government fund. certificate of
- deposit, or deposit of government securities.
The surety or insurance provisions shall meet the recuirements of K.A.R.
28 180a (e) (9) (B)
)
(D)
In the case of federal, state or local covernment j
licensees, a statement of intent containina 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 necessarv.
(10) Each cerson licensed under K.A.R.
28-35-180a
~
(e) (4)
(5)
(6)
(7)
(8)
(9) and (10) shall keep records of all information that is imcortant to the safe and effective decommissionina of the facility.
The records shall be keot in an identified location until the license is terminated by the department.
If records of relevant information are kent for other purposes. the licensee may refer to these records in the records kept pursuant to this paragraph and their locations.
Information that is important to decommissioning shall consist of information recuired in paragraphs (A)
(B)
(C) and (D) below.
(A)
Each licensee shall maintain records of spills or other unusual occurrences involvina the scread of contamination in and A l.! (W* ' WJ%'
OETT.0F ADMIN:STRADON Apppoyy n.
.y w 8Y_ >AfLA, cp75 C -ff_ 7g N s st W V EN,,6
I-F j
Kansas Department of Health and Environment l
K.A.R. 28-35-180a j
Page 12-around the facilitv. ecuiement. or site.
These records may be i
limited to records of instances-in which contamination remains after any cleanup procedures or when there is reasonable likelihood a,
that contaminants may have spread-to inaccessible a r e a s'.
These j
records shall include any known information identifvino the i
nuclides, cuantities. forms, and concentrations involved in the n
s_ nill or occurrence.
4 l
(B)
Each licensee shall maintain drawings of the followine_.
{
both as originally built and as modified if applicable:
i.
4 j
(i) structures and ecuiement in restricted areas where a
j radioactive materials are used. stored or both; and j
l (ii) locations of possible inaccessible contamination.
If the j-licensee references recuired drawines other than those kent 1
i pursuant to this reculation. the licensee shall not be required to index each relevant document individually.
)
If drawine_s are not available. the licensee shall substitute appropriate records of 1
i l
available information concernine these areas and locations; l
i j
(C)
Each licensee shall maintain a list. contained in a l
single document and updated everv two vears, of the followinc:
4 i-(i) all areas desionated and formerly desionated as l
restricted areast (ii) all areas outside of restricted areas that recuire
]
1 to K.A.R.
28-35-180a (e) (10) ( A) -
documentation nursuant (iii) all areas outside of restricted areas where current and J
-crevious wastes have been buried as documented under K.A.R.
28 i i
ATTD "'
' NEMU i
DEPI.0f ADMINISTRATION APPROVED BY 2 /u d a-DATE 9 ' %_^ P4 mi A
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 13 227i-and fiv) all areas outside of restricted areas which contain i
material such that. if the license exeired. the licensee would be
)
recuired to either decontaminate the area to unrestricted release i
levels or apply for anproval for discosal under 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 contamination remains in the area after any leak, or the area contains only radioactive materials having half-lives of less than 65 days.
(D)
Each licensee shall maintain records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissionina, and records of the fundina method used for assuring funds if either a funding plan or certification is used.
(f)
Each The applicant for a specific license shall make have made arrangements for a long-term care fund pursuant to K.S.A.
48-1623.
Each applicant for any of the followina soecific licenses shall establish the long-term fund shell be usL&blished Li Lhe fellowing specific 1 wensees prior to the issuance of the license or prior to the termination of the license if the applicant chooses, at the time of the licensure, to provide a surety in lieu of a long-term care fund:
ATTORNPyg':NERe.Li.
(1) waste-handling licensees; (2) source material milling licensees; and 23 food
/)l/ddb 8 DEPT.y M. W AWMSTRADC't APPROVED y*%0N Nm gg77-4~ h gy APPRovgp BL 4
e...
i j
Kansas Department of Health and Environment K.A.R. 28-35-180a Page 14 (3) fcime; facilities formerly licensed by the U.S. atomic energy commission or the U. S.
nuclear regulatory commission-lacuneed facil Liem, if required.
(g) (1) Each applicant shall agree to notify the department, 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 (U.S.C.) by or against any of the following1 (A) the licensee; (B) an m. entity, as that term is defined in 11 U.S.C.
101 (14) as of January 28, 1991, controlling the licensee or listing the license or licensee as property of the estate; or (C) an g affiliate, as that term is defined in 11 U.S.C.
101 (2) as of January 28, 1991 of the licensee.
(2)
The bankruptcy Thrs notification shall indicate:
(A) the bankruptcy court in which the petition for bankruptcy was filed; and
/
(B) the date of the fil ng of the petition was filed.
(Authorized by,and implementing K.S.A.
1992 Supp.
48-1607, i
effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; amended Sept. 20, 1993; amended P-
.)
ATTORNEY GENERAL' JU!! 2 51996' En.*Aw en.,Tm.
gt, Ar.4cvro Appgovsp A Won 4-6 -Pc a
l l:
ATTCPNb MlEilsL JUll 2 3 md w'
~
AFF" April 21, 1996 Kansas Department of Health and Environment Proposed New Regulation 28-35-184b. Reporting requirements. (a) Immediate report. Each licensee shall notify the department of the following types of events:
)
(1) an event that prevents immediate protective actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits; or (2).
an event involving a release of licensed material that could exceed regulatory limits.
The licensee shall notify the department of the event as soon as possible, but not later than four hours after the event is discovered.
(b) Twenty-four hour report. Each licensee shall notify the department within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving licensed material:
(1) An unplanned contamination event in which:
(A) access to the contaminated area, by workers or the public, must be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by imposing additional radiological controls or by prohibiting entry into the area; (B) the quantity of material involved is greater than five times the lowest annual limit on intake specified for the material in appendix B of the " Kansas Department of Health and Environment Appendices to Part 4: Standards for Protection Against Radiation,"
effective April 1994; and (C) access to the area must be restricted for a reason other than to allow isotopes with a half-life of less than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to Offi.0F ADMINISTRATION APPROVED
_0 ATE 0 ~ kb p
ATTORNEY GENERAL J&l 2 51996 Kansas Department of Health and Environment appggygg a U.
K.A.R.
28-35-184b Page 2 decay prior to decontamination; (2) an event in which equipment is disabled or fails to 1
function as designed when:
(A) the equipment is required by regulation or license condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident; (B) the equipment is required to be available and operable at 4
i the time it is disabled or fails to function; and
{
(C) no redundant equipment is available and operable to perform the required safety function; (3) an event that requires unplanned medical treatment at a medical facility of an individual with spreadable radioactive contamination on the individual or the individual's clothing; and (4) an unplanned fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material when:
(A) the quantity of material involved is greater than five times the lowest annual limit of intake specified for the material in a,3pendix B of the " Kansas Department of Health and Environment Appendices to Part 4: Standards for Protection Against Radiation,"
effective April 1994; and (B) the damage affects the integrity of the licensed material or its container.
(c) Preparation and submission of reports. Each report made by CEPT.0F ADMINISTRATION APPRGVED q -&- Y t d b / M DATE gy
I'
'MM'EV OENERAL !
y JUH 2 51996 Kansas Department of Health and Environment ArewovsW 8 K.A.R.
28-35-184b Page 3 a licensee in response to the requirements of this regulation shall be made as follows:
3 (1)
Each licensee shall make the reports required by subsection (a) and (b) of this regulation by telephone to the Kansas department of health and environment-bureau of air and radiation-radiation control program. The report shall include, to extent it is available, the following information:
(A) the caller's name and a call back number; (B) a description of the event, including the date and time; (C) the exact location of the event;-
(D) the isotopes, quantities, and chemical and physical forms of the licensed material involved; and (E) any personnel radiation exposure data available.
(2) Written report. Each licensee who makes a report required by subsections (a) and (b) of this regulation shall submit a written follow-up report within 30 days of the initial report. A written report submitted pursuant to other requirements of K.A.R.
28-35-133 through K.A.R.
28-35-363 shall be considered to fulfill this requirement if the report contains all of the information required under this paragraph.
The report shall include the following:
(A) a description of the event, including the probable cause, and the name of the manufacturer and the model
- number, if applicable, of any equipment that failed or malfunctioned; (B) a description of the exact location of the event; CEPT. 0f ADWHSTRADON APPROVED BY
% t0 ATE-
~
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s i
/
Kansas Department of Health and Environment K. A. R.' 28-35-184b
+
Page 4 (c) the isotopes, quantity, and chemical and physical form of the licensed material involved; (D) the date and time of the event; (E) a description of corrective actions taken or planned and the results of any evaluations or assessments; and (F) a description of the extent to which' individuals were exposed to radiation or to radioactive materials, without identifying individuals by name. (Authorized by and implementing K.S.A.
48-1607; effective P-
.)
ATTORNEY JENERAL JU!! 2 51996 sernovsd vi. W
\\
l CEPT.0F ADV:N!STRAT:0N APPRGVED kk+-DATE L ~6 '1 c BY
i June 17, 1996 Kansas Department of Health and Environment Proposed New Regulation 28-35-193b.
Emergency plan criteria. (a) Each application to possess radioactive materials in amounts in excess of the quantities in K.A.R.
28-35-202,
" Schedule H - Quantities of Radioactive Materials Requiring Consideration of the Need for an Emergency Plan for Responding to a Release," whether in unsealed form, on foils or plated sources, or sealed in glass, shall contain-either:
(1) An evaluation showing that the maximum dose to a person offsite due to a release of radioactive materials would not exceed one rem effective dose equivalent or five rems to the thyroid; or (2) an emergency plan for responding to a release of radioactive material.
(b) The applicant may use one or more of the following factors to support the evaluation submitted under K.A.R. 28-35-193b (a) (1) :
(1)
Portions of the radioactive material are physically separated from the rest of the material so that only a portion could be involved in an accident; (2) all or part of the radioactive material would not be subject to release during an accident because of the way it is stored or packaged; (3) the release fraction in the respirable size range would be lower than the release fraction shown in K.A.R. 28-35-202, due to the chemical or physical form of the material; ATTCPiTl 7 M.E.'l A
DEPI.0F ADMINISTRATION APPROVED JUH 2 51996' /
sy O p '>- DATE bdib MPROV5E
l l
o Kansas Department of Health and Environment K.A.R. 28-35-193b Page 2 (4) the solubility of the radioactive. material would reduce the dose received;
.(5) facility design or engineered safety features in. the facility would cause the release fraction to be lower than the limits shown in K.A.R.
28-35-202; i
(6) operating restrictions or procedures-would prevent a release fraction as large as the limits shown in K.A.R. 28-35-202; or
~(7) other factors appropriate for the specific facility.
(c)
Each emergency' plan for responding to a release of radioactive material submitted under K.A.R. 28-35-193b (a) (2) shall include the following information.
(1) Facility description.
Each plan shall contain a brief description of the licensee's facility and the area near the site.
(2) Types of accidents.
Each type of radioactive materials accident for which protective actions may be - needed shall be identified in the plan.
(3) Classification of accidents.
Each plan shall include a j
classification system for classifying accidents as alerts or site-area emergencies.
(4) Detection of accidents.
The plan shall identify the means which will be used to detect each type of accident in a timely manner.
(5) Mitigation of consequences.
Each plan shall contain a brief description of the means and equipment for mitigating the ATWFE/ "W.RM-DEFT.OF ADMINISTRATION APPROYED JCil 2 51996' [
n1 Dm 64%
ws
Kansas Department of Health and Environment K.A.R. 28-35-193b Page 3 consequences of each type of accident, including those provided to.
- protect workers on-site, and a description of the program for maintaining the equipment.
(6) Assessment of releases.
The plan shall include a brief description of"the methods and equipment which will be used to assess releases of radioactive materials.
(7)
Responsibilities.
Each plan shall contain a
brief description of the responsibilities of the licensee's personnel if an accident occurs, including:
(A) a list of personnel responsible for promptly notifying offsite response organizations and the department; and f
(B) a list of personnel who are responsible for developing, l
maintaining, and updating the plan.
(8) Notification and coordination.
Each plan shall contain a commitment to and a brief description of the means to promptly notify offsite response organizations of any accident and request offsite assistance, including medical assistance for the treatment of contaminated and injured onsite workers when appropriate.
The licensee shall establish a control point.
Each licensee's planned notifications and coordinations - shall be prepared so that the unavailability of some personnel, parts of the
- facility, or equipment will not prevent the notification and coordination.
The licensee shall also make a written commitment to notify the department immediately after notification of the appropriate offsite response organizations and not later than one hour after ATWPE/ Zi1!!ilAL 4
CETL OF A3!N'STRAUCN APPROVED 2 fl 2 3 1996 EY (
DATE b 'ld'f C
~rrero y
. - -. ~..
4 Kansas Department of Health and Environment K.A.R. 28-35-193b i
Page 4 the licensee declares an emergency.
These reporting requirements shall not supersede ' or release any licensee from the duty of complying with the requirements under the emergency planning and community right-to-know act of 1988 title III, Pub.L.99-499, or other state or federal reporting requirements.
(9) Information to be communicated.
Each plan shall contain 4
i a brief description of the types of information regarding the facility's status, radioactive releases, and recommended protective
- actions, if necesst.ry, which will be given to each off-site j
l response organization and to the department.
j (10) Training.
The plan shall include a brief description of the plans for training that the licensee will provice to workers regarding responses to an emergency including the following:
(A) the proposed frequency'of training sessions; (B) the performance objectives and plans for the training; and (C) any special instructions and orientation tours the licensee would offer to fire, police, medical and other emergency personnel.
The training shall familiarize personnel with site-specific emergency procedures.
The training also shall thoroughly prepare site personnel for their responsibilities in the event of the accident scenarios postulated as most probable for the specific site, including the use of team training for such scenarios.
(11) Safe shutdown.
A brief description of the means of restoring the facility to a safe condition after an accident shall be included in the plan.
ATTrffE7 31EilAL OEPI.0 ADMMon Amovto.(,
A _DATE i
JWl 2 a,. M6, /
m v
Appgovsp
- Kansas Department of Health and Environment K.A.R. 28-35-193b Page 5 (12)
Exercises.
The plan shall include provisions for conducting quarterly communications checks with offsite response organizations and biennial on-site exercises to test response to simulated emergencies.
(A) During each quarterly communication check with off-site response organizations, the licensee shall check and update all necessary telephone numbers.
(B) Each licensee shall invite off-site response organizations to participate in the biennial exercises.
Participation of offsite response organizations in biennial exercises is recommended but not required.
During the exercises each licensee shall use accident scenarios postulated as the most probable for that specific site and the scenarios shall not be known to most exercise participants.
(C)
The licensee shall critique each exercise using individuals not having direct implementation responsibility for the plan.
Critiques of exercises shall evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response.
Each licensee shall correct each deficiency found by the critiques.
?
(13)
Hazardous chemicals.
Each plan shall contain a
certification that the applicant has met its responsibilities under the emergency planning and community right-to-know act of 1986, title
- III, Pub.L.99-499, if applicable to the applicant's activities at the proposed place of use of the radioactive material.
M T I f f'i; 7 f.
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APPROVED DEPT.0F ADMINISTRAr.ON JUll 2 51994 gy J / b W _DATE D N I
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1 i
i Kansas Department of Health and Environment K.A.R. 28-35-193b Page 6 (d)
Each licensee shall allow the off-site response organizations expected to respond in case of an accident 60 days to 1
comment on the licensee's emergency plan before submitting it to i
the department. The licensee shall provide all comments received i
j within the 60-day period to the department with the emergency plan.
l (Authorized by and implementing K.S.A.
48-1607; effective P-1
.)
s i
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t April 21, 1996 Kansas Department of Health and Environment l
Proposed New Regulation 28-35-201. Schedule F.
(a) Single isotope quantities.
l Material Microcuries l
Americium-241.............................
.01 Antimony-122..............................
100 Antimony-124..............................
10 Antimony-125..............................
10 Arsenic-73................................
100 Arsenic-74................................
10 i
Arsenic-76................................
10 i
Arsenic-77................................
100
)
Barium-131................................
10 Barium-133................................
10 Barium-140................................
10 Bismuth-210...............................
1 Bromine-82................................
10 Cadmium-109...............................
10 DEPT.0F ADMIMSTRAtl0N APPROVED Cadmium-115m..............................
10 t
BY
-<- DME M ~%
Cadmium-115...............................
100 Calcium-45................................
10 Calcium-47................................
10 Carbon-14.................................
100 Cerium-141................................
100 Cerium-143................................
100
()Tr0RNEY E!ERAL l
i Cerium-144................................
1 didl 2 51996 araQVW n
I J
Kansas Department of Health and Environment K.A.R.
28-35-201 Page 2 i
Material Microcuries Cesium-131..............................
1,000 Cesium-134m...............................
100 4
Cesium-134................................
1 Cesium-135................................
10 Cesium-136................................
10 Cesium-137................................
10 Chlorine-36...............................
10 Chlorine-38...............................
10 l
q Chromium-51.............................
1,000 Cobalt-58m................................
10 Cobalt-58.................................
10 Cobalt-60.................................
1 l
i Copper-64.................................
100 Dysprosium-165............................
10 Dysprosium-166............................
100 Erbium-169................................
100 Erbium-171................................
100 DEPI.0F AD M W #
,(
p 1 L,.mt/ _0AIE Europium-152.9.2hr........................
100 Europium-152 13yr.........................
1 Europium-154..............................
1 Europium-155..............................
10 Fluorine-18.............................
1,000 MTonp{./3,C9Cf#Q' Gadolinium-153...........................
10 Gadolinium-159...........................
100
- UH 2 51996' g govsd
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-a4*A 1,
-A W J a3%+W-A6MM 2
Kansas Department of Health and Environment K.A.R.
28-35-201 Page.3 Material Microcuries Gallium-72...............................
10 Germanium-71.............................
100 Gold-198.................................
100 Gold-199.................................
100 Hafnium-181..............................
10 Holmium-166..............................
100 Hydrogen-3...............................
1,000 Indium-113m..............................
100 Indium-114m..............................
10 Indium-115m..............................
100 Indium-115...............................
10 Iodine-125...............................
1 Iodine-126...............................
1 Iodine-129...............................
0.1 Iodine-131...............................
1 Iodine-132...............................
10 Iodine-133...............................
1 APPPORU ggpt,0f ADMINt*#DATE_
Iodine-134...............................
10 Iodine-135...............................
10 BL
~
v Iridium-192...............................
10 Iridium-194..............................
100
' Iron-55..................................
100 STT/'pF{[ ] M ['p1 Iron-59..................................
10 xrypton-85...............................
100 3
g pkovsW
.~
I Kansas Department of Health and Environment K.A.R.
28-35-201 i
1 Page 4 i
Material Microcuries Krypton-87...............................
10 1
Lanthanum-140 10 Lutetium-177.............................
100 Manganese-52.............................
10 i
Manganese-54.............................
10 Mangarese-56.............................
10 Mercury-197m.............................
100 Mercury-197..............................
100 l
Mercury-203..............................
10 4
Molybdenum-99............................
100 l
Neodymium-147............................
100 Neodymium-149............................
100 Nickel-59................................
100 Nickel-63................................
10 Nickel-65................................
100 Niobium-93m..............................
10 Niobium-95...............................
10 DEPT.0F ADMINisTRAIl0N APPROV E
Niobium-97...............................
10
@ _DATE k M C Osmium-185...............................
10 Osmium-191m..............................
100 t
Osmium-191...............................
100 Osmium-193...............................
100 L;,:_:ygn.;[
477,n np 7j
,r a _hr.
Palladium-103............................
100
M 2 3 1996, pw/
m Palladium-109............................
100 ArvatOVsd
Kansas Department of Health and Environment K.A.R. 28-35-201 Page 5 Material Microcuries Phosphorus-32............................
10 Platinum-191.............................
100 4
P l a t inica-19 3 m............................
100
{
Platinum-193.............................
100 Platinum-197m............................
100 4 -
Platinum-197.............................
100 4
Plutonium-239............................
.01 i '
Polonium-210.............................
.1 4
j.
Potassium-42...............................
10 Praseodymium-142...........................
100
]
Praseodymium-143...........................
100 1
Promethium-147..............................
10 i
Promethium-149..............................
10 Radium-226..................................
.01 f
Rhenium-186.................................
100 Rhenium-188.................................
100 DDT.0F ADMINISTRATION APPROVED Rhodium-103m...............................
100 g
gg Rhodium-105.................................
100 Rubidium-86.................................
10 Rubidium-87.................................
10 Ruthenium-97................................
100 ATTOPFEV 'Oit,td Ruthenium-103...............................
10 M 2 b 199 Ruthenium-105...............................
10 Ruthenium-106...............................
1 APPROV#
Kansas Department of Health and Environment K.A.R.
28-35-201 Page 6 Material Microcuries Samarium-151................................
10 Samarium-153................................
100 Scandium-46.................................
10 Scandium-47.................................
100 Scandium-48.................................
10 i
i Selenium-75.................................
10 Silicon-31..................................
100 1
Silver-105..................................
10 I
Silver-110m.................................
1 Silver-111..................................
100 Sodium-24...................................
10 Strontium-85................................
10 Strontium-89................................
1 Strontium-90................................
.1 Strontium-91................................
10 Strontium-92................................
10 DEPT.0F ADMINISTRATICN APft0VED Sulfur-35...................................
100 37 $1b l a+ DATE Vb d
Tantalum-182................................
10 Technetium-96...............................
10 i
1 l
l Technetium-97m..............................
100 l
Technetium-97...............................
100 i
Technetium-99m..............................
100 ATTopp{(,7,[E[ji Technetium-99...............................
10 Tellurium-125m..............................
10 A,,ll 2 3199A, s pAOVEM,,, g l
j J
\\
i I
l l
Kansas Depcrtment of Health and Environment K.A.R. 28-35-201 Page 7 i-Material Microcuries Tellurium-127m..............................
10 l
Tellurium-127...............................
100 l
l l
Tellurium-129m..............................
10 Tellurium-129...............................
100 l
Tellurium-131m..............................
10 Tellurium-132...............................
10 Terbium-160.................................
10 Thallium-200................................
100 l Thal'ium-201................................
100 l
Thallium-202................................
100 Thallium-204.................................
10 j
Thorium (natural)*...........................
100 l
Thulium-170..................................
10 Thulium-171..................................
10 DEPT. 0F ADMINISTRAT10N APPR0Vn
' ATE 6O Tin-113......................................
10 BY -
Tin-125......................................
10 Tungsten-181.................................
10 Tungsten-185.................................
10 Tungsten-187.................................
100 Uranium (natural)*...........................
100 Uranium-233..................................
.01 Uranium-234--235.............................
.01 i'a Vanadium-48..................................
10 A T T 6 h M Lc v V_}.8 C n 4
._i.m 1
U.l 2 r.9gs APPROVEWpJV
Kansas Department of Health and Environment K.A.R.
28-35-201 Page 8 i
l Material Microcuries Xenon-131m..................................
1,000 1
Xenon-133....................................
100 Xenon-135.................,...................
100 Ytterbium-175................................
100 Yttrium-90...................................
10 Yttrium-93...................................
10 Yttrium-92...................................
100 Yttrium-93...................................
100 Zinc-65......................................
10 Zinc-69m.....................................
100 APPROVE 0 OEPI. F ADMINISTRAil0N__DATE b Zinc-69.....................................
1,000
@V gy r
Zirconium-93.................................
10 Zirconium-95.................................
10 Zirconium-97.................................
10 Any alpha-emitting radionuclide not listed above or mixture of alpha-emitters of unknown composition..............
.01 Any radionuclide other than an alpha-emitting radionuclide that is not listed above or mixtures of beta-emitters of unknown composition.......................
.1 ATWNEY.)S1EilAL Jul 2 5,aae a paovsp M
Kansas Department of Health and Environment K.A.R. 28-35-201 Page 9
(b) Combinations of isotopes. For the purposes of K.A.R.
28-35-180, when a combination of isotopes in known amounts is
- involved, the limit for the combination shall be derived by determining, for each isotope in the combination, the ratio between the quantity present in the combination and the limit otherwise established for the specific isotope when not in combination. The sum of such ratios for all the isotopes in i
)
the combination shall not exceed unity.
(Authorized by and implementing K.S.A.
48-1607; effective P-
.)
l APPkovf.0 D
A AWMEi.Y M JUH 2 5 400 s
a,a
April 21, 1996 Kansas Department of Health and Environment Proposed New Regulation 28-35-202. Schedule H.
Each licensee possessing any of the following quantities of radioactive materials shall comply with K. A.R. 28-35-193b (a). The release fractions listed below shall be used in the consideration of the need for an emergency plan for responding to a release unless other data regarding release fractions in respirable size range is available.
l Radioactive material Release fraction Quantity (curies) i Actinium-228 0.001 4,000 Americium-241 0.001 2
Americium-242 0.001 2
Americium-243 0.001 2
Antimony-124 0.01 4,000 Antimony-126 0.01 6,000 Barium-133 0.01 10,000 Barium-140 0.01 30,000 Bismuth-207 0.01 5,000 Bismuth-210 0.01 600 Cadmium-109 0.01 1,000 Cadmium-113 0.01 80 Calcium-45 0.01 20,000 Californium-252 0.001 9 (20 mg)
ATTi" F 5 E[' E'I - -
JUH 2 5104^ /
DEPT. 0F ADMWsygg get04**
- h a' DATE 2 s 3 g W"
Kansas Department of Health and Environment K.A.R.
28-35-202 Page 2 Radioactive material Release fraction Quantity (curies)
J Carbon-14 0.01 50,000 Non CO Cerium-141 0.01 10,000 Cerium-144 0.01 300 Cesium-134 0.01 2,000 Cesium-137 0.01 3,000 Chlorine-36 0.5 100 Chromium-51 0.01 300,000 Cobalt-60 0.001 5,000 Copper-64 0.01 200,000 Curium-242 0.001 60 Curium-243 0.001 3
ADg1NtSTRAT10M W*M
[ffj,,j#
DAllI+
b Curium-244 0.001 4
- v
/
Curium-245 0.001 2
Europium-152 0.01 500 Europium-154 0.01 400 Europium-155 0.01 3,000 Germanium-68 0.01 2,000 Gadolinium-153 0.01 5,000 Gold-198 0.01 30,000 4MN!E7 32njE[}kb Hafnium-172 0.01 400
.l.l! 2 0 inggi xPruGV8U gg M Hafnium-181 0.01 7,000 Holmium-166m 0.01 100 Hydrogen-3 0.5 20,000
I f
Kansas Department of Health and Environment K.A.R.
28-35-202 Page 3 i
Radioactive material Release fraction Quantity (curies)
Iodine-125 0.5 10 1
t Iodine-131 0.5 10 Indium-114m 0.01 1,000 l
Iridium-192 0.001 40,000 Iron-55 0.01 40,000 Iron-59 0.01 7,000 Krypton-85 1.0 6,000,000 Lead-210 0.01 8
Manganese-56 0.01 60,000 i
Mercury-203 0.01 10,000 LEPT. OF ADMINISTRATION APPROVEi BY F DAI '$ T' Molybdenum-99 0.01 30 000 V
j Neptunium-237 0.001 2
Nickel-o3 0.01 20,000 l
Niobium-94 0.01 300 i
Phosphorus-32 0.5 100 Phosphorus-33 0.5 1,000 i
Polonium-210 0.01 10 1
Potassuim-42 0.01 9,000 Promethium-145 0.01 4,000 AUCfiii.~61EEsL Promethium-147 0.01 4,000 Ruthenium-106 0.01 200 JUll 2 31000 APPROV5# pl.s Samarium-151 0.01 4,000 I
Scandium-46 0.01 3,000 l
Selenium-75 0.01 10,000 l
I Kansas Department of Health and Environment K.A.R.
28-35-202 Page 4 Radioactive material Release fraction Quantity (curies)
Silver-110m 0.01 1,000 Sodium-22 0.01 9,000 Sodium-24 0.01 10,000 Strontium-89 0.01 3,000 Strontium-90 0.01 90 Sulfur-35 0.5 900 Technetium-99 0.01 10,000 Technetium-99m 0.01 400,000 Tellurium-127m 0.01 5,000 Tellurium-129m 0.01 5,000 Terbium-160 0.01 4,000 Thulium-170 0.01 4,000 WI.OF ADMINISTRATION APPRO gy S # DATE b '
Tin-113 0.01 10,000 f
Tin-123 0.01 3,000 Tin-126 0.01 1,000 Titanium-44 0.01 100 Vanadium-48 0.01 7,000 Xenon-133 1.0 900,000 Yttrium-91 0.01 2,000 Zinc-65 0.01 5,000 Zirconium-93 0.01 400 Zirconium-95 0.01 5,000 Any other beta-gamma emitter 0.01 10,000
- .,p <g 3,gog, oL wynov d
Kansas Department of Health and Environment K.A.R.
28-35-202 Page 5 Radioactive material Release fraction Quantity (curies)
Mixed fission products 0.01 1,000 Mixed corrosion products 0.01 10,000 Equipment contaminated with radioactive material beta-gamma emissions equivalent to 0.001 10,000 Irradiated material, in any form which is not solid and noncombustible 0.01 1,000 Irradiated material, which is solid and noncombustible 0.001 10,000 Mixed radioactive waste, beta-gamma emissions equivalent to 0.01 1,000 Packaged mixed waste, beta-gamma
- 0.001 10,000 Any other material emitting alpha radiation equivalent to 0.001 2
Equipment contaminated with radioactive material g.
ADMINISTRATION APPR02
ATTP[4T/
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IATE__d'd aun2s
< 0,-
m Ay9kU4Gd
Kansas Department of Health and Environment K.A.R.
28-35-202 Page 6 Radioactive material Release fraction Quantity (curies) alpha emissions suivalent to 0.0001 20 Packaged waste containing material emitting alpha
- radiation 0.0001 20 combinations of radioactive materials listed above' Waste packaged in type B containers shall not require an emergency plan.
For combinations of radioactive materials, the licensee shall comply with K.A.R. 28-35-193 (b) (a) if the sum of the ratios of the quantity of each radioactive material authorized to the quantity listed for that material in Schedule C exceeds one.
(Authorized by and implementing K.S.A.
48-1607; effective P-
.)
pp..m,qt@M-
.g
.g12 5 4 ooc'e' MN gppOVED gg, f ADND e
i l
s,
's April 21, 1996 Kansas Department of Health and Environment Proposed New Regulation l
1 28-35-203 Schedule G - Criteria relating to use of financial tests and parent company guarantees for providing reasonable assurance of funds for decommissioning.
(a)
Each applicant or licensee providing assurance of the availability of funds for decommissioning based on a parent company guarantee that funds will be available for decommissioning costs based on a demonstration l
that the parent company passes a financial test shall meet the I
following standards:
(b)
Each licensee or applicant applying to the department for i
recognition of a parent company guarantee for the purposes of l
complying with the requirements of 28-35-180a (e) (9) (B) shall be l
required to show its parent company guarantee meets the following l
l criteria:
(1)
Each parent company shall meet two of the following three l
ratios.
(A) a ratio of total liabilities to net worth which is less than 2.0; (B) a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities which is greater than 0.1; or (C) a ratio of current assets to current liabilities which is greater than 1.5.
(2)
Each parent company shall have net working capital and tangible net worth that each are equal to a minimum of six times ATTCRPE'( YNEP*At' l
DEPT.0F ADMINISTRATION APPRGVED ffj 2 5199(
sv 2 432 4 H ) ATE bI t --
m oi W
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A Kansas Department of Health and Environment K.A.R.
28-35-203 page 2 the current decommissioning cost estimates, or the prescribed
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amount if a certification is used based on the requirements of K.A.R.
28-35-180a.
(3)
Each parent company shall have assets located in the United States amounting to at least 90 percent of the company's total assets or at least six times the current decommissioning cost estimates, or the prescribed amount if a certification is used l
based on the requirements of K.A.R.
28-35-180a.
(4)
Each parent company shall have:
J (A)
A current rating for its most recent bond issuance of 1
l AAA, AA, A, or BBB as issued by standard and poor's'or Aaa, Aa, A, or Baa as issued by moody's; (B)
A tangible net worth at least six times the current decommissioning cost estimate, or the prescribed amount if a 4
certification is used based on the requirements of K.A.R.
28,
180a; 9
(C)
A tangible net worth of at least $10 million; and (D)
Assets located in the United States amounting to at least j
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90 percent of the company's total assets or at least six times the current decommissioning cost estimates, or the prescribed amount if certification is used based on the requirements of K.A.R.
28 180a.
(c)
The parent company's independent certified public accountant shall compare the data used by the parent company in the financial test, which shall be derived from the independently ATTC&'EY ZNEf!Al)
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Kansas Department of Health and Environment K.A.R.
28-35-203 page 3 audited, year end financial statements for the latest fiscal year, with the amounts in such financial statement.
If any matters come.
to the auditor's attention which cause the auditor to believe that the data specified in the financial test should be adjusted and that the company no longer passes the test, the licensee shall i
notify the department within 90 days of the date the auditor identifies such a matter.
(d)
After the initial financial test, the parent company j
shall pass the test within 90 days after the close of each succeeding fiscal year.
1
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(1)
If the parent company no longer meets the requirements of subsection (a) of this Schedule G, the licensee shall notify the department of its intent to establish alternate financial assurance as specified in the regulations.
4 (2)
The notice shall be sent by certified mail within 90 days after the end of the fiscal year for which the year end financial data shows that the parent company no longer meets the financial test requirements.
(3)
The licensee shall provide alternate financial assurance within 120 days after the end of such a fiscal year.
(e)
Each parent company guarantee obtained by an applicant or licensee shall contain terms which provide the following information.
(1)
The parent company guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the
.YT!' 2:_S.i[lkb lSTRAT10!t APPROVED id! 2 51996'
4 Kansas Department of Health and Environment K.A.R. 28-35-203 page 4 licensee and the department.
The guarantee shall not be canceled during the 120 days beginning on the date of receipt of the notice of cancellation by both the licensee and the department, as 3
evidenced by the return receipts.
i (2)
If the licensee fails to provide alternate financial assurance within 90 days after receipt of a notice of cancellation of the parent company guarantee by the licensee and the department, the guarantor shall provide such alternative financial assurance in the name of the licensee.
(3)
The parent company guarantee and financial test provisions shall remain in effect until the department has terminated the license.
(4)
If a trust is established for decommissioning costs, the trustee and trust shall be acceptable to the department.
An acceptable trustee may be an appropriate state or federal government agency or an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. (Authorized by and implementing K.S. A. 48-1607; effective P-
.)
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April 21, 1996 Kansas Department of Health and Environment Proposed'New Regulation s
k 28-35-290. Reports of incidents, lost or stolen sources. (a) i.
Each licensee shall provide a written report of all events.
j involving radiography devices and licensed material as required c
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pursuant to K.A.R.
28-35-184b, 28-35-228a, 28-35-229a, and 28 1, j-230a.
1 (b) In addition to the requirements in subsection (a), each licensee sh'all provide a written report to the department within 30
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days of the occurrence of any of the following incidents involving radiographic equipment:
1 l
(1) Unintentional disconnection of the source assembly from I
the control cable; I
(2) inability to retract the source assembly to its fully shielded position and secure it in this position; or i.
j (3) failure of any component which is critical to safe I
operation of the device to perform its intended function.
(c) Each licensee shall include the following information in each report submitted under subsection (b):
(1) A description of the equipment problem; (2) a description of the cause of each incident, if known; (3) the name of the manufacturer and the model number of the l
equipment involved in the incident;
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(4) the place, time and date of incident;
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(5) a description of the actions taken to establish normal i
DEPI.0F ADMINISTRATION APPROVED g d {.h.uu b s _DATE 6 6 i 4
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i Kansas Department of Health and Environment j
K.A.R.
28-35-290 page 2 operations; (6) a description of all corrective actions taken or planned to prevent reoccurrence; and 4
4 (7) a description of the qualifications of personnel involved in the. incident.
1 (d) Each report of overexposure submitted pursuant to these regulations which involves failure of the safety components of radiography equipment shall also include the information specified i
in subsection (c). (Authorized by and implementing K.S.A. 48-1607; effective P-
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1 June 17, 1996 Kansas Department of Health and Environment j
Proposed New Regulation 28-35-291. Performance requirements for radiography equipment.
(a) Each radiographic exposure device and all associated equipment shall meet the requirements specified in " Radiological Safety for Design and Construction of Apparatus for Gamma Radiography,"
published by the American national standards institute as NBS Handbook 136, issued January, 1981 (ANSI N432-1980 standards). As l
an alternative, any licensee or applicant may submit an engineering analysis demonstrating that testing previously performed on similar 1
individual radiography components is adequate to support a finding 1
l that the previous testing is an acceptable substitute for that described in the N432-1980 standards.
l l
(b)
In addition to the requirements specified in K.A.R.
28-l 35-291 (a),
each radiographic exposure device and associated l
equipment shall meet the following requirements.
(1)
Each user of a radiographic exposure device shall attach l
to the device a durable, legible, clearly visible label bearing the following information:
(i) the chemical symbol and mass number of the radionuclide l
l in the device; (ii) the radioactive activity level and the date on which this activity was last measured; (iii) the model number and serial number of the sealed source; i
(iv) the manufacturer of the sealed source; and
)
(v) the licensee's name, address, and telephone number.
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Kansas Department of Health and Environment K.A.R. 28-35-291 Page 2 (2)
Each radiographic exposure device intended for use as a type B transport container shall meet the applicable requirements of 10 CFR 71.51 adopted by the U.S. nuclear regulatory commission, as in effect on April 15,- 1992.
(3)
The ' licensee shall not modify any exposure device or associated equipment in a manner that would compromise the design safety-features of the system.
(c)
In addition to the requirements specified in K.A.R. 28-35-291 (a) and (b),
each radiographic exposure device and associated equipment that allows the source to be moved out of the device for routine operation shall comply with the following requirements.
(1). The coupling between the source assembly and the control cable shall be designed so that the source assembly can not become disconnected'if cranked outside the guide tube. The coupling shall be designed to prevent an unintentional disconnection under normal and reasonably foreseeable abnormal conditions.
(2)
The device shall automatically secure the source assembly when it is cranked back into the fully shielded position in the device. A deliberate operation on the exposure device shall be required to release the source assembly.
(3)
The outlet fitting, lock box, and drive cable fittings on each radiographic exposure device shall be equipped with safety plugs or covers, which shall be installed during storage and transportation to protect the source assembly from ' water, mud, ATTOP Q"f,'.(phT Q GEPT.cF AguiNGTP4 TION APPROVED M 2b Sf DATE G " 9 ' PC APPetOVEW
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Kansas Department of Health and Environment K.A.R. 28-35-291 Page 3 sand, or other foreign matter.
(4)
Each sealed source or source assembly shall have attached to it or engraved on it a durable, legible, visible label with the words: " DANGER RADIOACTIVE." The label shall not interfere with the safe operation of the exposure device or associated equipment.
(5)
The guide tube shall have passed the crushing tests for the control tube as specified in ANSI N432-1980 standards and a kinking resistance test that closely approximates the kinking forces likely to be encountered during use.
(6)
Guide tubes shall be used when moving the source out of the device.
(7)
An exposure head or similar device shall be used to prevent the source assembly from passing out of the end of the guide tube during radiographic operations.
(8)
The guide tube exposure head connection shall be able to withstand the tensile test for control units specified in ANSI N432-1980 standards.
(9)
Each source changer shall provide a system for assuring that the source will not accidentally be withdrawn from the changer when connecting or disconnecting the drive cable to or from a source assembly.
(d)
Each licensee shall only acquire newly manufactured radiographic exposure devices and associated equipment which complies with the requirements of this regulation after January 10, ATTI@ f Y
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'4 Kansas Department of Health and Environment K.A.R. 28-35-291 Page 4 (e)
Each licensee. shall only use radiographic exposure devices and associated equipment which. complies with the requirements of this regulation after January 10, 1995.
(f)
Any licensee may use equipment in industrial radiographic operations which does not comply with section
- 8. 9.2 (c) of the endurance test in ANSI N432-1980' standards, if prototype equipment has been tested using a torque that an individual using - the radiography equipment can realistically exert on the lever or 1
crankshaft of the drive mechanism. (Authorized by and implementing
)
K.S.A.
48-1607; effective P-
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W Arygow sv " E April 21, 1996 Kansas Department of Health and Environment Proposed Amended Permanent Regulation 28-35-362.
Notification of incidents, abandonment, and lost l
sources.
(a)
The licensee shall notify the deoartment Notificction of ADY incidents and sources lost in other than downhole logging operations chcil bc provided 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 radioactive I
material is lodged downhole, the licensee shall:
(1) monitor at the surface for the presence of radioactive contamination with a radiation survey instrument or logging tool l
during logging tool recovery operations; and 1
l (2) notify the department immediately by telephone and subsequently, within 30 days, by confirmatory written report if the 1
licensee knows or has reason to believe that a sealed source has been ruptured.
This written report shall identify the well or other location, describe the magnitude and extent of the escape of radioactive material, assess the consequences of the rupture, and explain efforts planned or being taken to mitigate these consequences.
(c)
If it becomes apparent that efforts to recover the radioactive source will not be successful, the licensee shall+
comolv with the followina recuirements, (1)
The licensee shall advise the well-operator of the following requirements regarding.t;he method of abandonment:
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Kansas Department of Health and Environment K.A.R. 28-35-362 Page 2 (A)
The well-ocerator shall immobilize the i;; chili:ction and cccling in piccc Of seal the radioactive source in olace with a cement plugtA (B)
The well-ooerator shall set in olacg the octting Of a whipstock or other deflection devicc; cndt (C)
The well-operator shall mount the scunting of a permanent identification plaque at the surface of the well, containing the i
appropriate information required by this regulationtA
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i (2)
The licensee shall notify the department by telephone, giving the circumstances of the loss, and request approval of the proposed abandonment procedures; cnd.
(3)
The licensee shall file a written report with the department within 30 days of the abandonment, setting forth 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 chemical and physical form; (C) a description of the surface location and identification of well; 4
(D) the results of efforts to immobilize and set the source in place; (E) the depth of the radioactive source;
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Kansas Department of Health and Environment K.A.R. 28-35-362 Page 3 (G) the depth of the well; and (H) the information contained on the permanent identification plaque.
(d)
Whenever a sealed source containing radioactive material is abandoned downhole, the licensee shall provide a permanent plaque as_ described in K.A.R. 28-35-364 for posting pm the well or well-bore.
The plaque shall:
(1) be constructed of long-lasting material, which may include stainless steel or monel; and (2) contain the following information engraved on its face:
(A) the word " CAUTION";
(B) the radiation symbol, without the conventional color requirement; (C) the date of abandonment; (D) the name of the well operator or well owner; (E) the well name and well identification number or numbers or other designation; (F) a description of the sealed source or sourcest by radionuclide and quantity of activity; (G) the source depth and the depth to the top of the plug; and (H) an appropriate warning which depending on the specific t
circumstances of that abandonment, shall include:
(i)
"Do not drill below plug back depth";
1 3p06 (ii) "do not enlarge casing"; or ccTMTICM ATICRNEY JYNERAL
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Kansas Department of Health and Environment K.A.R.
28-35-362 Page 4 (iii) "do not reenter the hole before contacting the Kansas department of health and environment radiation control programr;."
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(3) be a minimum of seven inches square.
The word caution shall be. written in-1/2-inch letters And all other information l
shall be' written in 1/4-inch letters.
(e)
Each licensee shall immediately notify the department by
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telephone, and subsequently by-confirming letter, if the licensee i
knows or has reason to believe that radioactive material has been lost in or to an underground potable water source.
The notice shall designate the well location and shall describe the magnitude and extent of loss of radioactive material, assess the consequences of such loss, and explain efforts planned or being taken to mitigate these consequences.
(Authorized by and implementing K.S.A.
1002 Cupp. 48-1607; effective Sept. 20, 1993; amended P-
.)
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