ML20217C638
| ML20217C638 | |
| Person / Time | |
|---|---|
| Issue date: | 04/17/1998 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Volpe J KENTUCKY, COMMONWEALTH OF |
| Shared Package | |
| ML20217C646 | List: |
| References | |
| NUDOCS 9804230383 | |
| Download: ML20217C638 (27) | |
Text
8:te p k UNITED STATES g j 4
NUCLEAR REGULATORY COMMISSION O WASHINGTON, D.c. 20066-0001 i
%*****/ April 17, 1998 {
Dr. John A. Volpe, Manager Radiation Control Branch Cabinet for Health Services 275 East Main Street Frankfort, KY 40621-0001 l
i
Dear Dr. Volpe:
{
l We have reviewed the final Kentucky regulations,902 KAR 100:040, and 100:073, which became effective on August 20,1997 and 902 KAR 100:019 and 100:165 which became effective on November 14.,1997. The regulations were reviewed by comparison to the l equivalent NRC regulations in 10 CFR Parts 19,20,30, and 35. We also discussed our
' review of these regulations with Ms. Vicki Jeffs on January 23,1998. During this discussion, Ms. Jeffs stated that certain definitions required for compatibility were being J drafted as part of the Kentucky 902 KAR 100 regulations. 1 l
k We have received and reviewed these draft amendments to 902 KAR 100:010 and 100:019 I that were provided to Mr. Woodruff by letter dated March 6,1998. These amendments provided the definitions ('902 KAR 100:010) needed for the above KAR sections, and also l addressed our comments dated December 16,1997 conceming 902 KAR 100:019 and 10 CFR Part 20 compatibility. These draft amendments were also discussed with Ms. Jeffs on March 26,1998.
As a result of our review of both the adopted final regulations and the provided proposed amendments, we have no comments. I have enclosed a detailed description of our review
, of your final regulations for your use. Please note that we have limited our review to I
regulations required for compatibility and/or health and safety. Under our current I
procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on the review of the final State regulation. However, we have determined that if your proposed regulations were j l adopted without significant change, they would meet the compatibility and health and safety categories established in OSP Internal Procedure B.7.
We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Reauest to Hiahlicht Chanaes to Aareement State Reaulations Submitted to NRC for Comoatibility Review" (March 1,1996),
please highlight the final changes and send one copy in a computer readable format, if possible.
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l Dr. John A. Volpe APR 171998
[ If you have any questions regarding the comments, the compatibility criteria, or any of the j
l NRC regulations used in the review, please contact me or Richard L. Woodruff in our i Region ll office,'at (404) 562-4704.
)
l l Sincerely, l
l Orighal S!gned By l RICHARD L BANGART Paul H. Lohaus, Deputy Di ector 1 Office of State Programs
Enclosure:
As stated I l l l
l l
l l
l l
l l
Distribution:
DIR RF (8S-47) < DCD (SP06) t SDroggitis PDR(YES1) l LRakovan BUsilton i Kentucky File SSalomon DOCUMENT NAME: G:\LJR\ KENTUCKYbiumu. RLW v . cm .. .n.m.p
- See rev i o u s co n cu r re n ce ,
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NAME RLWoodruff:nt/h'o r PHLo%es(b FCameron RLBangart/Nd DATE- 04/7/98 04/3/98 04/14/98* 0;I////98 OSP FILE CODE: SP-AG i l.
\*
Dr. John A. Volpe If you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please contact me or Richard L. Woodruffin our Region ll office, at (404) 562-4704.
Sincerely, ic li<f D t n Paul H. Lohaus, Deputy Direct ['
Office of State Programs t
Enclosure:
)
As stated l
I l
I
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. \
I w ;
l NOTES ON REVIEW OF FINAL KENTUCKY REGULATIONS i A. NRC Regulations " Timeliness in Decommissioning of Material Facilities," 10 CFR ;
Part 30 (59 FR 36026), effective August 15,1994. l i
The equivalent Kentucky regulations (902 KAR 100:40, Section 7,(10), and (11)] were l reviewed in accordance with OSP internal Procedures B.7, and were determined to meet the essential objectives required for those regulations having the H & S category as identified for the above Federal Register (FR) notice. These Kentucky regulation revisions became effective on August 20,1997.
B. NRC Regulations " Preparation, Transfer for Commercial Distribution, and Use of Byproduct rAaterial for Medical Use," 10 CFR Parts 30,32, and 35 (59 FR 61767,59 FR 65243, and 60 FR 322), effective on January 1,1995.
The equivalent Kentucky regulations (902 KAR 100:010,100:017, and 100:073) were reviewed in accordance with OSP internal Procedures B.7, and were determined to meet the essential objectives of those regulations having the C or the H&S catorgies as identified for the above FR notice. These Kentucky regulations became effective on August 20,1997.
C. NRC Regulations " Frequency of Medical Examinations for Use of Respiratory Protection Equipment," 10 CFR Part 20 (60 FR 7900), effective March 13,1995.
The equivalent Kentucky regulations (902 KAR 100:019, Section 19), were reviewed in accordance with OSP Intemal Procedures B.7, and were determined to meet the essential objectives of those regulations having the H & S category as identified for the above FR notice. The Kentucky regulations became effective on November 14,1997.
D. NRC Regulations " Radiation Protection Requirements: Amended Definitions and Criteria," 10 CFR Parts 19 and 20 (60 FR 36038), effective August 14,1995.
The equivalent Kentucky regulations [902 KAR 100:165, Section 2; 100:019, Section 32; and 100:165 Section 3(6)) were reviewed in accordance with OSP Internal Procedures B.7, and were determined to meet the essential objectives of those regulations having the C category as identified for the above FR notice. The Kentucky revision became i effective on November 14,1997. '
i Note:
The Kentucky definitions in 902 KAR 100:010, Section 1. (131), (141) and (165) have been identified as Category A definitions, and need to be revised to be essentially identical with the 10 CFR Part 20.1003 definitions for: Member of the public; Occupationaldose; and Public dose. These definitions were drafted and provided to NRC by letter dated March 6,1998. The drafted definition revisions (Member of the Public, Occupational dose, and Public dose) were reviewed and determined to be essentially identical to the NRC definitions.
E. NRC Regulations," Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials: Clean Air Act:" 10 CFR Part 20, (61 FR 65120) effective January 9,1997.
The equivalent Kentucky regulations (902 KAR 100:019, Section 40(1) and Section l 40(2)) were reviewed in accordance with OSP Intemal Procedure B.7, and were ;
determined to meet the essential objectives of those regulations having the C category )
as identified for the above FR notice. The Kentucky regulations became effective on November 14,1997.
F. NRC Regulations " Criteria for the Release of Individuals Administered Radioactive Material," 10 CFR Parts 20 and 35, (62 FR 4120) became effective May 29,1997.
The equivalent Kentucky regulation (902 KAR 100.019, Section 10) was reviewed in accordance with OSP Internal Procedure B.7, and was determined to be essentially identical with 10 CFR Part 20.1301(a). Kentucky regulation (902 KAR 100.073, Section
- 25) was determined to meet the essential objectives for the C category identified for 10 CFR 35.75. The Kentucky regulations became effective on November 14,1997.
l
l.
Dr. John A. Voipe APR 171998
)
If you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please contact me or Richard L. Woodruff in our Region 11 office, at (404) 562-4704.
Sincerely, OrigSa!S!;tned By RICHARD L BM3 ART f
Paul H. Lohaus, Deputy Director Office of State Programs l l
Enclosure:
As stated l
Distribution:
SDroggitis PDR(YES_f._)
LRakovan BUsilton Kentucky File SSalomon DOCUMENT NAME: G:\LJR\ KENTUCKY RLW *See previous concurrence.
u ,.e,- . eme u m m... ., w. c cm .aptMi-~. v. c m .e .nm.m~~. v . w ce n OFFICE OSP A E' O$V p[p 3 OGC OSP:Dff f, NAME RLWoodruff:ntf)%' PHLo%s Uhe FCameron RLBangar( W DATE 04/7/98 04/ 3/98 04/14/98* @////98 OSP FILE CODE: SP-AG-11
( l y I c uou lf- p 4 UNITED STATES s
s* j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2006Hm01
- ,o April 17, 1998 Dr. John A. Volpe, Manager Radiation Control Branch Cabinet for Health Services 275 East Main Street Frankfort, KY 40621-0001 l
l
Dear Dr. Volpe:
l We have reviewed the final Kentucky regulations,902 KAR 100:040, and 100:073, which l became effective on August 20,1997 and 902 KAR 100:019 and 100:165 which became i
effective on November 14,1997. The regulations were reviewed by comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,30, and 35. We also discussed our review of these regulations with Ms. Vicki Jeffs on January 23,1998. During this discussion, Ms. Jeffs stated that certain definitions required for compatibility were being drafted as part of the Kentucky 902 KAR 100 regulations.
We have received and reviewed these draft amendments to 902 KAR 100:010 and 100:019 that were provided to Mr. Woodruff by letter dated March 6,1998. These amendments provided the definitions (902 KAR 100:010) needed for the above KAR sections, and also addressed our comments dated December 16,1997 conceming 902 KAR 100:019 and 10 CFR Part 20 compatibility. These draft amendments were also discussed with Ms. Jeffs l on March 26,1998.
As a result of our review of both the adopted final regulations and the provided proposed amendments, we have no comments. I have enclosed a detailed description of our review of your final regulations for your use. Please note that we have limited our review to regulations required for compatibility and/or health and safety. Under our current procedure, a finding that a State regulation meets the compatibility and health and safety categories of the equivalent NRC regulation may only be made based on the review of the i final State regulation. However, we have determined that if your proposed regulations were adopted without significant change, they would meet the compatibility and health and safety l categories established in OSP Internal Procedure B.7.
- We request that when the proposed regulations are adopted and published as final regulations, a copy of the "as published" regulations be provided to us for review. As requested in our All Agreement States Letter SP-96-027, "Recuest to Hiahliaht Chanaes to Aareement State Reaulations Submitted to NRC for Comoatibility Review"(March 1,1996),
please highlight the final changes and send one copy in a computer readable format, if possible.
I l
l
f l
l-t Dr. John A. Volpe If you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please contact me or Richard L. Woodruff in our Region 11 office, at (404) 562-4704.
l Sincerely,
( ti< i i l Paul H. Lohaus, Deputy Direct Office of State Programs v 1
Enclosure:
I As stated I
l t
1 I
I 1
l l
Dr. John A. Volpe If you have any questions regarding the comments, the compatibility crj eria, or any of the NRC regulations used in the review, please contact me or Richard L. Woodruff in our Region ll office, at (404) 562-4704.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs
Enclosure:
As stated
/ !
l l
l l
Distribution:
SDroggitis PDR(YES_f_)
LRakovan BUsilton Kentucky File SSalomon DOCUMENT NAME: G:\LJRiKENTUCK LW /
ro ,=.e . em a m em,, e ., % v . cm .@ e=w. d.4m wwww. v . wo em OFFICE OSP / ,, E- O$6)$ 1 DGD L OSP:D NAME RLWoodruff:ntfjW PHLo%d dh@ FCameron RLBangart DATE 04/7/98 04/ 3/98 04/W/98 03/ /98
b o ROUTING AND TRANSMITTAL SLIP DATE: April 8,1998 PARALLEL CONCURRENCE REOUESTED
- 1. F. CAMERON - CONCURRENCE LETTER TO: DR. JOHN A. VOLPE, MANAGER RADIATION CONTROL BRANCH KENTUCKY FROM: PAUL H. LOHAUS, DEPUTY DIRECTOR OFFICE OF STATE PROGRAMS
SUBJECT:
FINAL KENTUCKY REGULATIONS,902 KAR 100:040 AND 100:073 KAR 100:019 AND 100:165 YOUR COMMENTS / CONCURRENCE ARE REOUESTED BY C.O.B.. APRIL 22.1998 PLEASE RETURN ENTIRE PACKAGE TO OSP OSP CONTACT: LANCE RAKOVAN,415-2589 l
l PLEASE CALL KATHALEEN KERR (415-3340) FOR PICK UP.
W W W WWWW w WWT W V W V W EXECUTIVE
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TASK-~~
MANAGEMENT SYSTEM
-~~~ -~~~ ~~~ --
<<< PRINT SCREEN UPDATE FORM >>>
m TASK # - 8S-47
- - D A T E - 0 2 / 1 9 / 9 8 F --- - - ------
MAIL CTRL. - 1998 TASK-STARTED - 02/19/98
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TASK DUE - 03/31/98
-~~~ .
TASK COMPLETED -
. .--~~~ . -~~
/ /
TASK DESCRIPTION - PREPARING COVER LTR FOR REVIEW OF KENTUCKY REGULATIONS
. .-- . -~~
REQUESTING
. . -- -~~~
OFF. - OSP REQUESTER
- WITS - 0 FYP - N
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PROG.-.
LJR PERSON - STAFF LEAD - LJR PROG.-~~AREA -
~~ . ---- .
PROJECT STATUS -
~~~~~~~~~~~~~~
REVIEW OF REGULATIONS COMPLETE - NEED COVER LTR.
OSP DUE DATE: 03/31/98 PLANNED ACC. -N LEVEL CODE - 1 i
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1 I
i From Richard Woodruff WND1.WNP9.SNS To:
Subject:
REVIEW OF KENTUCKY REGULATIONS Good afternoon Stevel Attached is my (long awaited) review of the Kentucky regulations that came
- last year for review.
1 I have drafted a letter for Paul's signature as per the new procedure.
I also have prepared a matrix for each of the different FR notices that'the revisions cover. - This gives the details for each regulation revision and is a backup for our review and determination for compability.
l r I have. developed a seperate chronology table that includes the FR notice j number, date needed, and added columns for my records to keep up with the FR's that are needed and status of when they were adopted by the State and when they were reviewed. This is the only way I have to keep up with the many FR notices, and the status in each State.
I am also including these files in hard copy, along with this note. Please coordinate this information with Brenda for her records. Also please feel free to modify the letter, etc., as needed to get through the system.
r Kentucky's regulations can also be viewed on the State's web site:
www.lrc. state.ky.us\KAR\902.HTM l-f I 1 l
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(Date)
Dr. John A. Volpe, Manager Radiation Control Branch Cabinet for Health Services 275 East Main Street Frankfort, KY 40621-0001 l
Dear Dr. Volpe:
We have reviewed the final Kentucky regulations, 902 KAR 100:040, and 100:073, t
which became effective on August 20,1997; and 902 KAR.100:019 and 100:165 i which became effective on November 14,1997. The regulations were reviewed by
- comparison to the equivalent NRC regulations in 10 CFR Parts 19,20,30,and 35. We also discussed our review of the regulations with Ms. Vicki Jeffs on January 23,1998.
t i As a result of our review we have identified one comment as enclosed. Some of the L regulations that you revised had certain definitions that need to be revised or added as j appropriate. We understand that the 902 KAR 100:019 definitions are in the process of being updated. This comment must be addressed in order to assure the compatibility of your regulations. .
l If you have any questions regarding the comments, the compatibility criteria, or any of the NRC regulations used in the review, please contact me or Richard L. Woodruff in our Region 11 office, at (404) 562-4704.
Sincerely, Paul H. Lohaus, Deputy Director Office of State Programs l
j' .
Enclosure:
As stated l
i
COMMENTS ON FINAL KENTUCKY REGULATIONS AGAINST COMPATIBILITY AND HEALTH AND SAFETY CATEGORIES A. NRC Regulations " Timeliness in Decommissioning of Material Facilities," 10 CFR Part 30 (59 FR 36026), effective August 15,1994.
The equivalent Kentucky regulations [902 KAR 100:40, Section 7,(10), and (11)] were reviewed in accordance with OSP Internal Procedures B.7, and were determined to meet the essential objectives required for those regulations having the H & S category as identified for the above Federal Register (FR) notice.
These Kentucky regulation revisions became effective on August 20,1997.
B. NRC Regulations " Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for Medical Use," 10 CFR Parts 30,32, and 35 (59 FR 61767,59 FR 65243, and 60 FR 322), that became effective on January 1, 1995.
The equivalent Kentucky regulations (902 KAR 100:010,100:017, and 100:073) were reviewed in accordance with OSP Internal Procedures B.7, and were determined to meet the essential objectives of those regulations having the C or the H&S catorgies as identified for the above FR notice. These Kentucky regulations became effective on August 20,1997.
C. NRC Regulations " Frequency of Medical Examinations for Use of Respiratory Protection Equipment," 10 CFR Part 20 (60 FR 7900), effective March 13, 1995.
The equivalent Kentucky regulations (902 KAR 100:019, Section 19), were reviewed in accordance with OSP Internal Procedures B.7, and were determined to meet the essential objectives of those regulations having the H & S category as identified for the above FR notice. The Kentucky regulations became effective on November 14,1997.
D. NRC Regulations " Radiation Protection Requirements: Amended Definitions and Criteria," 10 CFR Parts 19 and 20 (60 FR 36038), effective August 14,1995.
The equivalent Kentucky regulations [902 KAR 100:165, Section 2; 100:019, Section 32; and 100:165, Section 3(6)) were reviewed in accordance with OSP Internal Procedures B.7, and were determined to meet the essential objectives of those regulations having the C category as identified for the above FR notice.
The Kentucky revision became effective on November 14,1997.
Comment:
The Kentucky definitions in 902 KAR 100:010. Section 1. (131), (141) and (165) have been identified as Category A definitions, and need to be revised to be essentially identical with the 10 CFR Part 20.1003 definitions for: Manber of the public: Occupational dose; and Public dose.
E. NRC Regulations " Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials: Clean Air Act:" 10 CFR Part 20, (61 FR 65120) that became effective on January 9, 1997.
The equivalent Kentucky regulations [902 KAR 100:019. Section 40(1) and Section 40(2)] were reviewed in accordance with OSP Internal Procedure B.7. and were determined to meet the essential objectives of those regulations having the C category as identified for the above FR notice. The Kentucky regulations became effective on November 14, 1997.
I F. NRC Regulations " Criteria for the Release of Individuals Administered Radioactive Material," 10 CFR Parts 20 and 35, (62 FR 4120) became effective on May 29, 1997.
The equivalent Kentucky regulations (902 KAR 100.019. Section 10) was reviewed in accordance with OSP Internal Procedure B.7, and was determined to be essentially identical with 10 CFR Part 20.1301(a).
Kentucky regulation (902 KAR 100.073. Section 25) was determined to -
meet the essential objectives for the C category identified for 10 CFR 35.75. The Kentucky regulations became effective on November 14, 1997.
l
TABLE FOR COMPARISON OF STATE REGULATIONS WITH NRC REGULATIONS STATE: KENTUCKY I
i l REG: TIMELINESS IN DECOMMISSIONING OF MATERIAL FACILITIES (59 FR 36026).
l EFFECTIVE ON AUGUST 15. 1994. j STATUS: THE KENTUCKY CORRESPONDING REGULATIONS WERE ADOPTED EFFECTIVE AUGUST I
- 20. 1997.
REVIEW DATE: OCTOBER 30. 1997 NRC REG CAT REGULATION STATE REG COMENTS 30.36(b) D Expiration and 100.040 Compatible
- termination of licenses Section 7 wording
! and decommissioning of (not required to sites and separate review) buildings or outdoor areas 30.36(c) H&S Continuence of license Section 7 Essential J (10) objectives ok 1 30.36(d) H&S 60 day notification Section 7 Essential
_ (11) objectives ok j The wording of the Kentucky regulation above was determined to meet the essential objectives, as required by the H&S designation.
l l
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file: c:\regs\ky\59_36026.ky j
. 1 I TABLE FOR COMPARISON OF STATE REGULATIONS WITH NRC REGULATIONS ,
1 l STATE: KENTUCKY I REG: PREPARATION, TRANSFER FOR COMMERCIAL DISTRIBUTION AND USE OF BYPRODUCT MATERIAL FOR MEDICAL USE (59 FR 61767 . 59 FR 65243 AND 60 FR 322). THAT BECAME EFFECTIVE ON JANUARY 1. 1995.
I STATUS: THE CORRESPONDING KENTUCKY AMENDMENTS BECAME EFFECTIVE ON AUGUST l
- 20. 1997.
REVIEW DATE: OCTOBER 30. 1997 l 902 KAR 100:073. USE OF RADIONUCLIDES IN THE HEALING ARTS l 902 KAR 100:017. SPECIAL REQUIREMENTS FOR TELETHERAPY LICENSES NRC REG CAT REGULATION STATE REG COMENTS
! 35.2 Definitions D Authorized Nuclear (No NA l
Pharmacist definition)
C Authorized User 100:010(20) Essential Objectives ok C Medical Use 100:010(130) Essential l
Objectives ok l D Pharmacist (no NA definition)
D Recordable event (no NA definition)
C Written directive 100:010(275) Essential Objectives ok l 35.6 D Provisions for 100:073 NA research envolving Section 2(7) human subjects l 35.11(a) [C] License required 100:073 Essential
& (c) Sec.1 objectives ok
! 35.12(e) D Application for 100:073 NA l license amendment or Section 2 l renewal 35.13(b) D License amendments 100:073 NA Section 2 35.14 D Notifications 100:073 NA Section 3 35.22(b) D Radiation Safety 100:073 NA (2) Committee Section 6 L
- 9" 2
35.25(b) D Supervision 100:073 NA Section 8 35.32(a)( H&S Quality management 100:073 Essential 2)and program Section 9 objectivesok (b)(1)(1) 35.49 0 Suppliers for sealed 100:073 NA sources or devices Section 13 for medical use 35.50(b) D Possession, use. 100:073 NA (3)and calibration, and Section 15 (e)(2)- check of dose (4) calibrators 35.52 0 Possession use. 100:073 NA calibration, and Section 16 check of instruments to measure dosages of alpha- or beta-emitting radionuclides 35.53(a). H&S Measurement of 100:073 Essential (b) dosages of unsealed Section 17 Objectives ok byproduct material for medical use.
35.53(c) 0 (same) (Same) NA (2)& (3) 35.60(b) D Syringe shields and 100:073 NA and
- 1abels Section 20&21 35.100 H&S Use of unsealed 100:073 Essential byproduct material Section 29 Objectives Ok for uptake, dilution, and excretion studies 35.200 H&S Use of unsealed 100:073 Essential byproduct material Section 31 Objectives Ok for imaging and localization studies 35.300 H&S use of unsealed 100:073 Essential byproduct material Section 35 Objectives Ok for therapeutic administration 35.310(a) D Safety instruction 100:073 NA (5) Section 36 i
. l 3
(
35.315(a) D Safety precautions 100:073 NA (a)(2). Section 37 (a)(3),
(a)(5). ,
(a)(7).
and (b) l 35.404 C Release of patients 100:073 Essential or human research Section 45 Objectives Ok subjects treated with temporary implants
, 35.406(a) H&S Brachytherapy sources 100:073 Essential inventory Section 44 Ojectives Ok 35.406(b) 0 (same) 100:073 Compaatible Section 44 35.406(c) H&S (same) 100:073 Essential Section 44 Objectives Ok 35.410 0 Safety instructions 100:073 NA Section 42 35.415(a) D Safety precautions 100:073 NA (2) (a)(3 Section
), and (b) 35.610(a) H&S Safety instruction 100:017. Sec. Essential (1) 5.(1)(a) objectives Ok 35.615(d) H&S Safety precautions 100:017.Sec. Essential (3) and 7.(4) Objectives Ok (e) 35.900(a) 0 Radiation Safety 100:073 NA (4)- Officer Section 47 (a)(9) 35.910(a) 0 Training for uptake. 100:073 NA (3), dilution, and Section 49 (a)(4), excretion studies (a)(5) and (b)(2)(1)
(b)(2)(ii I).
(b)(2)(v)
I. .- .
4 35.920(a) D Training for imaging 100:073 Compatible (2). and localization Section 50 (a)(3), studies
, (a)(4),
i (a)(5).
and (b)(2)i11 (b)(3)1 (b)(3)iii (b)(3)v 35.930(a) D Training for 100:073 NA
-(1)thru therapeutic use of Section 51 (4) unsealed byproduct l material 35.940(a) D Training for use of 100:073 NA (1) brachytherapy sources Section 52 35.950 0 Training for use of 100:073 NA (a)(1) sealed sources for Section 55 (a)(2). diagnosis (a)(4) 35.960 D Training for 100:073 NA (a)(1) teletherapy Section 53 1 35.961(c) D Training for 100:073 NA teletherapy physicist Section 17
, 35.972 0 Recentness of 100:073 NA
! training Section 59 35.980 0 Training for an 100:073 NA authorized nuclear Section 58 pharmacist 35.981 0 Training for 100:073 NA i experienced nuclear Section 60 pharmacists 35.991(b) D Criminal penalties NA
Conclusion:
No compatibility issues were identified during the review of the above Kentucky regulations.
file: c:\regs\ky\59_61767.ky 1
i TABLE FOR COMPARISON OF STATE REGULATIONS WITH NRC REGULATIONS STATE: KENTUCKY REG: FREQUENCY OF MEDICAL EXAMINATIONS FOR USE OF RESPIRATORY
, PROTECTION EQUIPMENT (60 FR 7900). EFFECTIVE MARCH 13, 199S.
STATUS: THE KENTUCKY REGULATIONS CORRESPONDING TO THESE NRC REGULATIONS WERE REVISED AND BECAME EFFECTIVE ON NOVEMBER 14, 1997.
REGULATION REVIEW: NOVEMBER 5. 1997 j
NRC REG CAT REGULATION STATE REG COMENTS 20.1703 H&S Use of individual 100:019 essential respiratory Section 19 objectives ok protection equipment NOTE: All provisions of 902 KAR 100:019. Sections 17.18.19.and 20 were reviewed and the Kentucky regulations were determined to be essentially identical to 10 CFR Part 20. Subpart H (20.1701, 20.1702. 20.1703. and 20.1704).
l l file: c:\regs\ky\60_7900.ky l
t
l l
TABLE FOR COMPARISON OF STATE REGULATIONS WITH NRC REGULATIONS STATE: KENTUCKY REGULATION: RADIATION PROTECTION REQUIREMENTS: AMENDED DEFINITIONS AND CRITERIA (60 FR 36038). EFFECTIVE AUGUST 14. 1995.
STATUS: THE KENUTCKY REGULATIONS CORRESPONDING TO THESE NRC REGULATIONS WERE REVISED AND BECAME EFFECTIVE ON NOVEMBER 14. 1997.
REVIEW DATE: NOVEMBER 4. 1997 NRC REG CAT REGULATION STATE REG COMENTS 19.12 C Instruction to 100.165 Essential workers Section 2 objectives ok 20.1003 Definitions: 100.010 A Member of the public Sec.1.(131) (see comment)
A Occupational dose (141)
A Public dose (165) 20.2104 Determination of 100.019 Essential C* prior occupational Section 32 objectives ok dose 20.2205 C Reports to 100.165 Essential individuals of Section objectives ok exceeding dose limits 3(6)
C*= This normally is a "D~. but should be a "C" if the State chooses to adopt the " planned special exposure" provisions.
Comment:
The Kentucky definitions in 902 KAR 100:010. Section 1. (131). (141) and (165) need to be revised to be essentially identical with the 10 CFR Part 20.1003 definitions for: Member of the public; Occupational d se:
o and Public dose.
file: c:\regs\ky\60_36038.ky l
_________j
l TABLE FOR COMPARISON OF STATE REGULATIONS WITH NRC REGULATIONS STATE: KENTUCKY REG: RESOLUTION OF DUAL REGULATION OF AIRBORNE EFFLUENTS OF RADI0 ACTIVE MATERIALS: CLEAN AIR ACT (61 FR 65120). EFFECTIVE JANUARY 9, 1997.
STATUS: THE KENTUCKY CORRESPONDING REGULATIONS BECAME EFFECTIVE ON NOVEMBER 14, 1997.
, REVIEW DATE: NOVEMBER 4. 1997 NRC REG CAT'l REGULATION STATE REG COMENTS l 20.103 Definition: 100.019
- see note
! Constraint Section 2 essential (4)(a) and objectives (4)(b) 20.2203 Reports of exposures. (see radiation levels, and below) concentrations of radioactive materials exceeding the constraints or limits para (a) C Reportable events 100.019 essential Section objectives ok 40(1) para (b) C Contents of reports 100:019 essential Section objectives ok 40(2) 1 para (c) NRC (none) N/A l para (d) D 100.019 N/A Section 40(3)
Note: The definition of " constraint" is not listed in this part: however, the i provision in Section 2. Radiation Protection Programs, establishes the essential objectives of the constraint rule.
L f file: c:\regs\ky\61_65120.ky
TABLE FOR COMPARISON OF STATE REGULATIONS WITH NRC REGULATIONS STATE: KENTUCKY REG: CRITRERIA FOR THE RELEASE OF INDIVIDUALS ADMINISTERED RADI0 ACTIVE MATERIALS (62 FR 4120). EFFECTIVE ON MAY 29, 1997.
STATUS: THE KENTUCKY CORRESPONDING REGULATIONS BECAME EFFECTIVE ON NOVEMBER 14. 1997.
REGULATION REVlEW: NOVEMBER 5, 1997 NRC REG CAT REGULATION STATE REG COMENTS 20.1002 D Scope (none) NA 20.1003 Definitions i
A Member of the public 100:010 Essential Section 1 objectives ok (131) (not updated)
A Occupational dose 100:010 Essential Section 1 objectives ok (141) (not updated) l A Public dose 100:010 Essential Section 1 objectives ok (165) (not updated) 20.1301(a) A Dose limits for 100:019 Essentially individual members of Section 10 identical the public 20.1903(b) D Exceptions to posting 100:019 NA requirements Section 25(b)(2) 35.75 C Release of patients 100:073 Essential or human research Section 25 objectives ok subjects containing
- radiopharmaceuticals or permanent implants NOTE: Section 25(5) requires instructions to be provided to a breast-feeding woman if the TEDE exceeds 0.1 rem rather than the 0.5 rem requirement in 35.75(d). More restrictive.
file: c:\regs\ky\62_4120.ky
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CHRONOLOGY OF AFENDMENTS FOR ADOPTION l l
STATE: KENTUCKY REGULATION: 902 KAR 100. RADI0 ACTIVE MATERIAL REGULATIONS, 1995 PRINTING, AND AS AMENDED
- l DATE DATE DATE l 10 CFR RULE AND FR NOTICE DUE ADOPTED REVIEWED Any amendment due prior to 1991.
Identify each regulation (refer to the Chronology of Amendments)
Decommissioning: 7/27/91 4/21/93 SEE 1996 Parts 30, 40, 70 IMPEP (53 FR 24018)
Emergency Planning: 4/7/93 4/11/94 SEE 1996 i
Parts 30, 40, 70 IMPEP (54 FR 14051)
Standards for Protection Against 1/1/94 4/11/94 SEE 1996 Radiation: IMPEP Part 20 (56 FR 23360)
Safety Requirements for Radiographic 1/10/94 4/11/94 SEE 1996 Equipment: Part 34 IMPEP (55 FR 843)
Notification of Incidents: 10/15/94 4/19/95 SEE 1996 Parts 20. 30, 31, 34, 39, 40, 70 IMPEP (56 FR 64980)
Quality Management Program and 1/27/95 4/11/95 SEE 1996 Misadministrations: Part 35 IMPEP (56 FR 34104)
Licensing and Radiation Safety 7/1/96 N/A NO Requirements for Irradiators: Part 36 IRRADIATORS (5.8 FR 7715)
Definition of Land Disposal 7/22/96 N/A SEE 1996 and Waste Site QA Program: Part 61 IMPEP (58 FR 33886)
Decommissioning Recordkeeping: Docu- 10/25/96 4/19/95 SEE 1996 mentation Additions: Parts 30, 40, 70 IMPEP (58 FR 39628)
Self-Guarantee as an Additional 1/28/97 4/19/95 SEE 1996 l Financial Mechanism: Parts 30, 40, 70 IMPEP i
(58 FR 68726 & 59 FR 1618) 1
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l' 2 1 DATE DATE DATE
!: 10 CFR RULE AND FR NOTICE DUE ADOPTED REVIEWED t
l Uranium Mill Tailings: Conforming to 7/1/97 N/A N/A EPA Standards: Part 40 (59 FR 28220)
Timeliness in Decommissioning 8/15/97 8/20/97 10/30/97 Parts 30, 40. 70 (59 FR 36026)
Preparation, Transfer for Commercial 1/1/98 8/14/97 10/30/97 Distribution, and Use of Byproduct l Material for Medical Use: Parts 30. !
- 32. 35 (59 FR 61767, 59 FR 65243, 60 FR 322) 1 Frequency of Medical Examinations for 3/13/98 11/14/97 11/5/97 l Use of Respiratory Protection Equipment: Part 20.
Low-Level Waste Shipment Manifest 3/1/98 5/18/94 SEE 1996 Information and Reporting: Parts 20 IMPEP and 61. (60 FR 15649 & 60 FR 25983)
Performance Requirements for 6/30/98 4/19/95 SEE 1996 Radiography Equipment: Part 34 IMPEP (60 FR 28323)
Radiation Protection Requirements: 8/14/98 11/14/97 11/4/97 Amended Definitions and Criteria:
Parts 19 and 20.
Clarification of Decommissioning 11/24/98 Funding Requirements: Parts 30, 40.
- 70. and 72.
(60 FR 38235) 10 CFR Part 71: Compatibility with 4/1/99 the International Atomic Energy Agency.
Medical Administration of Radiation 10/20/98 and Radioactive Materials: Parts 20 and 35. (60 FR 48623)
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DATE DATE DATE DUE ADOPTED REVIEWED 10 CFR RULE AND FR NOTICE 6/17/99 Termination or Transfer of Licensed Activities: Recordkeeping Requirements. Parts 20. 30, 40. 61.
70, and 72. (61 FR 24669) 1/9/00 11/14/97 11/4/97 Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials: Clean Air Act: Part 20.
Recognition of Agreement State 2/27/00 Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State: Parts 150 and170.
(62 FR 1662) 5/29/00 11/14/97 11/5/97 Criteria for the Release of Individuals Administered Radioactive Material: Parts 20 and 35.
Licenses for Industrial Radiography 6/27/00 and Radiation Safety Requirements for Industrial Radiography Operations:
Final Rule. Parts 30,34,71,& 150 (62 FR 28948)
Radiological Criteria for License 8/20/00 Termination. Parts 20. 30, 40, 50, 51, 70, & 72.
(62 FR 39058) file: c:\regs\ky\chrontbl.ky
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