ML23269A197

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09-27-2023 Letter to M Mckinley Re Kentucky Proposed Regulations to 902 KAR 100
ML23269A197
Person / Time
Issue date: 09/27/2023
From: Adelaide Giantelli
NRC/NMSS/DMSST/ASPB
To: Mckinley M
State of KY, Dept for Public Health
References
Download: ML23269A197 (29)
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 27, 2023 Matthew W. McKinley Radiation Health Branch Manager Commonwealth of Kentucky Department for Public Health 275 East Main Street, HS1GWA Frankfort, KY 40621-0001

Dear Matthew McKinley:

We have reviewed the proposed revisions and new additions to the Kentucky Radiological Health rules, received by our office on May 18, 2023. These regulations were reviewed by comparison to the equivalent to U.S. Nuclear Regulatory Commission (NRC) regulations of 10 CFR Parts 19, 20, 30, 31, 32, 36, 70, and 150, as identified in the enclosed State Regulation Status (SRS) Data Sheet. We discussed our review of the regulations with you on August 17, 2023, and on August 22, 2023, we sent you a letter documenting that review.

Subsequently, in response to a request for clarification regarding that letter, we identified an error in the comment table. Specifically, a sentence from Comment #7 was inadvertently duplicated in Comment #8. Accordingly, we are issuing this letter as a corrected version of the previous August 22 correspondence and apologize for any inconvenience the error may have caused.

As a result of our review, we have 13 compatibility and 5 editorial comments that have been identified in Enclosure 1. 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 the Kentucky regulations meet the compatibility and health, and safety categories of the equivalent NRC regulation may only be made based on a review of the final Kentucky regulations. However, we have determined that if your proposed regulations were adopted, incorporating our comments and without other significant change, they would meet the compatibility and health and safety categories established in the Office of Nuclear Material Safety and Safeguards (NMSS)

Procedure SA-200, Compatibility Categories and Health and Safety Identification for NRC Regulations and Other Program Elements.

We request that when 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 NMSS Procedure SA-201, Review of State Regulatory Requirements, please highlight the final changes and provide a copy to Division of Materials Safety, Security, State and Tribal Programs, NMSS.

The SRS Data Sheet in Enclosure 2 summarizes our knowledge of the status of other Kentucky regulations, as indicated. Please let us know if you note any inaccuracies or have any comments on the information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on: https://www.nrc.gov/agreement-states.

M. McKinley 2 If you have any questions regarding the review, the compatibility and health and safety categories, or any of the NRC regulations used in the review, please contact my staff at AgreementStateRegs.Resource@nrc.gov.

Sincerely, Signed by Giantelli, Adelaide on 09/27/23 Adelaide S. Giantelli, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Compatibility Comments
2. Kentucky SRS Data Sheet

ML23142A094 pkg and ML23269A197 letter OFFICE NMSS/MSST NMSS/MSST OGC NMSS/MSST NAME LSmith SSahle JScro AGiantelli DATE n/a 09/26/2023 09/21/2023 09/27/2023 COMPATIBILITY COMMENTS ON KENTUCKY PROPOSED REGULATIONS STATE SECTION NRC SECTION CATEGORY SUBJECT and COMMENTS 1 902 KAR 20.1003 , A 902 KAR 100:185, Section 2.(1)(a), incorporates 100:185, Definitions, Total by reference the definition of Total Effective Section Effective Dose Dose Equivalent (TEDE) in 10 CFR 20.1003.

2.(1)(a), 902 Equivalent However, TEDE is also defined in 902 KAR KAR 100:010 100:010 (312) and uses different terminology from 10 CFR 20.1003. Specifically, 902 KAR (312) 100:010 (312) uses different terms deep-dose instead of effective dose equivalent for external exposures.

To prevent confusion and duplication, Kentucky should remove the definition of TEDE from 902 KAR 100:010 (312).

2 902 KAR 20.1405 C Public notification and public participation 100:185 Section 2.1(d) Kentucky should remove 10 CFR 20.1405 from 902 KAR 100:185 Section 2.(1)s the list of regulations not incorporated by reference. 10 CFR 20.1405 is a compatibility category C and non-adoption would make Kentucky less restrictive.

3 902 KAR Part 20 N/A 100:185 Section 2.(2) was revised based on a 100:185 prior comment, however "the NRC, or an Section 2.(2) agreement state" remains at the end of the sentence creating a circular reference.

Additionally, 902 KAR 100:185 Section 2.(2) does not currently account for the fact that the reference to the Commission must remain in the definition of special nuclear material in 10 CFR 20.1003, which Kentucky incorporates by reference.

To address these issues, 902 KAR 100:185 Section 2.(2) should be revised to read as follows:

Except for in the definition of Special Nuclear Material in 10 CFR 20.1003, reference to the "Commission" or "NRC shall be deemed to be a reference to the "Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch". Reference to Commission or Agreement State shall be deemed to be a reference to Cabinet for Health and Family Services, Department for Public Enclosure 1

Health, Radiation Health Branch, Commission, or Agreement State.

4 902 KAR 30.4 NRC Definitions 100:040 Section 2.(1) Kentucky incorporated all the definitions in 10 CFR 30.4 by reference. However, the following definitions are Category NRC and need to be excluded from the incorporation by reference:

1) The second paragraph of the definition of Commencement of Construction and
2) Paragraph 9ii of the definition of Construction Kentucky needs to make the above changes in order to meet the Compatibility Category NRC designation assigned to these definitions in 10 CFR 30.4.

Additionally, to avoid duplication and confusion, Kentucky need not adopt the definition of Agreement State in 10 CFR 30.4 because Kentucky regulations already contain the same definition of Agreement State in 902 KAR 100:010 Section 1.(9).

5 902 KAR 30.10(b) C Deliberate misconduct 100:040 Section 2.(1) Kentucky should remove 10 CFR 30.10(b) from 902 KAR 100:040 Section 2.(1)s the list of regulations not incorporated by reference. 10 CFR 30.10(b) is a compatibility category C and non-adoption would make Kentucky less restrictive.

6 902 KAR Part 30 N/A 100:040 Section 2.(2) was revised based on a 100:040 prior comment, however "the NRC, or an Section 2.(2) agreement state" remains at the end of the sentence creating a circular reference.

Additionally, in 10 CFR 30.18(d) and 30.32(g),

which Kentucky incorporates by reference, reference an Agreement State should mean reference to an Agreement State or the NRC.

To address these issues 902 KAR 100:040 Section 2.(2) should be revised to read as follows:

2

Reference to the "Commission" or "NRC shall be deemed to be a reference to the "Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch". In 10 CFR 30.18(d) and 30.32(g), reference to an Agreement State, shall be deemed to be a reference to an Agreement State or the NRC.

7 902 KAR Part 31 N/A 100:050 Section 2.(2) was revised based on a 100:050 prior comment, however "the NRC, or an Section 2.(2) agreement state" remains at the end of the sentence creating a circular reference.

Further, in 10 CFR 31.5(b)(1)(ii), 31.5(c)(3)(ii),

31.5(c)(8)(i), 31.6, 31.7(a), 31.10(a),

31.10(b)(1), and 31.12(c)(4), all of which Kentucky incorporates by reference, reference an Agreement State should mean reference to an Agreement State or the NRC.

Additionally, in 10 CFR 31.6, Kentucky should make clear that reference to any non-agreement state or offshore waters should mean the State of Kentucky.

To address these issues, 902 KAR 100:050 Section 2.(2) should be revised to read as follows:

Reference to the "Commission" or "NRC shall be deemed to be a reference to the "Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch". In 10 CFR 31.5(b)(1)(ii), 31.5(c)(3)(ii), 31.5(c)(8)(i),

31.6, 31.7(a), 31.10(a), 31.10(b)(1), and 31.12(c)(4), reference to an Agreement State, shall be deemed to be a reference to an Agreement State or the NRC.

In 10 CFR 31.6, reference to any non-agreement state or offshore waters shall be deemed a reference to the State of Kentucky.

8 902 KAR Part 32 N/A 100:058 Section 2.(2) was revised based on a 100:058 prior comment, however "the NRC, or an Section 2.(2) agreement state" remains at the end of the sentence creating a circular reference.

Further, in 10 CFR 32.13, 32.51(a), 32.51(c),

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32.56, 32.59, and 32.72(b)(5)(ii), all of which Kentucky incorporates by reference, reference an Agreement State should mean reference to an Agreement State or the NRC.

To address these issues, 902 KAR 100:058 Section 2.(2) should be revised to read as follows:

Reference to the "Commission" or "NRC shall be deemed to be a reference to the "Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch".

Reference to Commission or Agreement State shall be deemed to be a reference to Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch, Commission, or Agreement State.

9 902 KAR Part 36 N/A Kentucky should revise 902 KAR 100:200 to 100:200 ensure the appropriate language is substituted for the incorporated provisions in 10 CFR Part

36. Section 2.(2) should be revised to read as follows:

Reference to the "Commission" or "NRC shall be deemed to be a reference to the "Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch".

Reference to NRC or Agreement State shall be deemed to be a reference to Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch, NRC, or Agreement State.

10 902 KAR Part 70 N/A 100:195 Section 2.(2) was revised based on a 100:195 prior comment, however "the NRC, or an Section 2.(2) agreement state" remains at the end of the sentence creating a circular reference.

Additionally, the terms Commission or Atomic Energy Commission in 10 C.F.R. 70.19(a) (1) and 70.19(c)(3) should remain and not be replaced with a reference to the Cabinet.

To address these issues, 902 KAR 100:195 Section 2.(2) should be revised to read as follows:

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Reference to the "Commission" or "NRC shall be deemed to be a reference to the "Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch, except that in in 10 C.F.R. 70.19(a)(1) and 70.19(c)(3),

the terms Commission or the Atomic Energy Commission remain and do not mean the Cabinet. In 10 CFR 70.42(b)(1) the word Department means the U.S. Department of Energy.

11 902 KAR 70.10(b) C Deliberate misconduct 100:195 Section 2.(1) Kentucky should remove 10 CFR 70.10(b) from 902 KAR 100:195 Section 2.(1)s the list of regulations not incorporated by reference. 10 CFR 70.10(b) is a compatibility category C and non-adoption would make Kentucky less restrictive.

12 902 KAR Part 150 N/A Kentucky should delete the definition of 100:065 Agreement State in Section 1.(1) since the Section 1.(1) state already defines Agreement State in 902 KAR 100:010 Section 1.(9). Further, to avoid duplication and confusion, Kentucky need not adopt 10 CFR 150.3 definition of Agreement State as it already has the same definition in 902 KAR 100:010 Section 1.(9).

13 902 KAR Part 150 N/A 100:065 Section 2.(2) was revised based on a 100:065 prior comment, however "the NRC, or an Section 2.(2) agreement state" remains at the end of the sentence creating a circular reference.

To address this issue and for added clarity, Kentucky should revise 902 KAR 100:065 Section 2.(2) as follows:

Reference to the "Commission" or "NRC shall be deemed to be a reference to the "Cabinet for Health and Family Services, Department for Public Health, Radiation Health Branch, except that in in 10 C.F.R. 150.2 the terms Commission or the Atomic Energy Commission remain and do not mean the Cabinet. In 10 CFR 150.20, where the words non-agreement states, areas of exclusive federal jurisdiction within agreement states, or offshore waters are used in 150.20(a)(1)(i), (ii), (iii), (b), (b)(3),

and (b)(4) substitute the words the State of 5

Kentucky. Where the words agreement state license are used in 10 CFR 150.20, also add the words Nuclear Regulatory Commission license. Where the words license issued by an agreement state are used in 10 CFR 150.20 also add the words license issued by the Nuclear Regulatory Commission. Where the words license from an agreement state are used in 10 CFR 150.20 also add the words license from the Nuclear Regulatory Commission.

EDITORIAL COMMENTS ON KENTUCKY PROPOSED REGULATIONS STATE SECTION NRC SECTION CATEGORY SUBJECT and COMMENTS 1 902 KAR 20.1003 D The current wording of 902 KAR 100:185 100:185 Section 2(1)(a) could be misread that the Section entirety of 10 CFR 20.1003 is excluded from 2(1)(a) the incorporation by reference. To prevent this confusion, Kentucky should consider revising 902 KAR 100:185 Section 2(1)(a) to read The definition of licensee in 10 CFR 20.1003 2 902 KAR N/A N/A Line 20 uses United State in lieu of United 100:040 States Section 1 3 902 KAR N/A N/A Line 20 uses United State in lieu of United 100:050 States Section 1 4 902 KAR N/A N/A Line 5 uses United State in lieu of United 100:058 States Section 1 6

5 902 KAR N/A N/A Line 20 uses United State in lieu of United 100:065 States Section 1 7

STATE REGULATION STATUS State: Kentucky Tracking Ticket Number: 23-35 Date: September 27, 2023

[amendment(s) reviewed identified by a

  • at the beginning of the equivalent NRC requirement.]

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

55 FR 843 1997-5.

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

56 FR 11504 1997-5.

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

See ML20015A324).

Enclosure 2

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

Parts 30 and 35 1997-5.

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

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

58 FR 68726; 59 FR 1618 1994-2 Uranium Mill Tailings Regulations: Conforming 07/01/1997 Not Applicable Not Applicable Kentucky does not have authority to NRC Requirements to EPA Standards regulate this material under its Part 40 Agreement.

59 FR 28220 2

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1994-3 Timeliness in Decommissioning Material Facilities 08/15/1997 Final No Comments Parts 30, 40 and 70 04/17/1998 59 FR 36026 1995-1 Preparation, Transfer for Commercial Distribution, 01/01/1998 Final No Comments and Use of Byproduct Material for Medical Use 04/17/1998 Parts 30, 32 and 35 59 FR 61767; 59 FR 65243; 60 FR 322 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 35 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 35 by reference. (Kentucky has submitted proposed regulations for Parts 30 and 32. See ML20015A324).

1995-2 Frequency of Medical Examinations for Use of 03/13/1998 Final No Comments Respiratory Protection Equipment 04/17/1998 Part 20 60 FR 7900 1995-3 Low-Level Waste Shipment Manifest Information 03/01/1998 R2 No Comments and Reporting ML12213A254 09/14/2012 Parts 20 and 61 ML12234A371 60 FR 15649; 60 FR 25983 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 61 reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 61 reference. (Kentucky has submitted proposed regulations for Part 20. See ML20015A324).

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1995-4 Performance Requirements for Radiography 06/30/1998 Final No Comments Kentucky has adopted Final Equipment 03/15/1996 Regulations equivalent to RATS ID:

Part 34 1997-5.

60 FR 28323 (Superceded by 1997-5) 1995-5 Radiation Protection Requirements: Amended 08/14/1998 Final No Comments Definitions and Criteria 04/17/1998 Parts 19 and 20 60 FR 36038 1995-6 Clarification of Decommissioning Funding 11/24/1998 R2 No Comments Requirements ML12213A254 09/14/2012 Parts 30, 40 and 70 ML12234A371 60 FR 38235 1995-7 Medical Administration of Radiation and Radioactive 10/20/1998 Materials Parts 20 and 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 1996-1 Compatibility with the International Atomic Energy 04/01/1999 Final Comments Kentucky has not yet adopted Final Agency 06/21/2000 Regulations equivalent to RATS ID:

Part 71 2004-1.

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 71 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 71 by reference.

1996-2 One Time Extension of Certain Byproduct, Source 02/15/1999 Not Required Not Required These regulations are not required and Special Nuclear Materials Licenses to be adopted for purposes of Parts 30, 40 and 70 Compatibility.

61 FR 1109 4

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1996-3 Termination or Transfer of Licensed Activities: 06/17/1999 Final No Comments Record keeping Requirements 06/21/2000 Parts 20, 30, 40, 61 and 70 61 FR 24669 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 61 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 61 by reference. (Kentucky has submitted proposed regulations for Parts 20, 30, 40, and 70. See ML20015A324).

1997-1 Resolution of Dual Regulation of Airborne Effluents 01/9/2000 Final No Comments of Radioactive Materials; Clean Air Act 04/17/1998 Part 20 61 FR 65120 1997-2 Recognition of Agreement State Licenses in Areas 02/27/2000 Final No Comments Under Exclusive Federal Jurisdiction Within an ML010780156 03/30/2001 Agreement State ML010890409 Part 150 62 FR 1662 1997-3 Criteria for the Release of Individuals Administered 05/29/2000 Final No Comments Radioactive Material 04/17/1998 Parts 20 and 35 62 FR 4120 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 35 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 35 by reference. (Kentucky has submitted proposed regulations for Part 20. See ML20015A324).

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1997-4 Fissile Material Shipments and Exemptions 02/10/2000 Not Required Not Required These regulations are not required Part 71 to be adopted for purposes of 62 FR 5907 Compatibility. (See STP-97-078)

(Superceded by 2004-1) 1997-5 Licenses for Industrial Radiography and Radiation 06/27/2000 Final Comments Safety Requirements for Industrial Radiography ML010780156 03/30/2001 Operations ML010890409 Parts 30, 34, 71 and 150 62 FR 28947 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 34 and 71 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Parts ML19043A752 34 and 71 by reference.. (Kentucky has submitted proposed regulations for Parts 30 and 150. See ML20015A324).

1997-6 Radiological Criteria for License Termination 08/20/2000 Final No Comments Parts 20, 30, 40 and 70 06/21/2000 62 FR 39057 1997-7 Exempt Distribution of a Radioactive Drug 01/02/2001 Final No Comments Containing One Microcurie of Carbon-14 Urea 04/17/1998 Part 30 62 FR 63634 6

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1998-1 Deliberate Misconduct by Unlicensed Persons 02/12/2001 Final No Comments Parts 30, 40, 61, 70, 71 and 150 06/21/2000 63 FR 1890; 63 FR 13773 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 61 and 71 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Parts ML19043A752 61 and 71 by reference. (Kentucky has submitted proposed regulations for Parts 30, 40, 70, and 150. See ML20015A324).

1998-2 Self-Guarantee of Decommissioning Funding by 07/01/2001 Not Required Not Required These regulations are not required Nonprofit and Non-Bond-Issuing Licensees to be adopted for purposes of Parts 30, 40 and 70 Compatibility.

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

(Superceded by 2002-2) 1998-4 Licenses for Industrial Radiography and Radiation 07/09/2001 Final No Comments Safety Requirements for Industrial Radiographic ML010780156 03/30/2001 Operations ML010890409 Part 34 63 FR 37059 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 34 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 34 by reference.

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 1998-5 Minor Corrections, Clarifying Changes, and a Minor 10/26/2001 R2 Comments Policy Change ML12213A254 09/14/2012 Parts 20, 32, 35, 36 and 39 ML12234A371 63 FR 39477; 63 FR 45393 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 35 and 39 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Parts ML19043A752 35 and 39 by reference. (Kentucky has submitted proposed regulations for Parts 20 and 32. See ML20015A324). Kentucky does not have any licensees subject to Part 36 regulations. (See SECY 112) 1998-6 Transfer for Disposal and Manifests: Minor 11/20/2001 R2 No Comments Technical Conforming Amendment ML12213A254 09/14/2012 Part 20 ML12234A371 63 FR 50127 1999-1 Radiological Criteria for License Termination of 06/11/2002 Not Applicable Not Applicable Kentucky does not have authority to Uranium Recovery Facilities regulate this material under its Part 40 Agreement.

64 FR 17506 1999-2 Requirements for Those Who Possess Certain 10/04/2002 Not Required Not Required These regulations are not required Industrial Devices Containing Byproduct Material to to be adopted for purposes of Provide Requested Information Compatibility.

Part 31 64 FR 42269 1999-3 Respiratory Protection and Controls to Restrict 02/02/2003 R2 No Comments Internal Exposure ML12213A254 09/14/2012 Part 20 ML12234A371 64 FR 54543; 64 FR 55524 8

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2000-1 Energy Compensation Sources for Well Logging 05/17/2003 R2 No Comments and Other Regulatory Clarifications ML12213A254 09/14/2012 Part 39 ML12234A371 65 FR 20337 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 39 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 39 by reference.

2000-2 New Dosimetry Technology 01/08/2004 R2 No Comments Part 36 regulation changes were Parts 34, 36 and 39 ML12213A254 09/14/2012 not adopted by Kentucky because 65 FR 63750 ML12234A371 they do not have any licensees.

See RATS ID: 1993-2.

Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 34 and 39 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Parts ML19043A752 34 and 39 by reference. Kentucky does not have any licensees subject to Part 36 regulations. (See SECY-95-112).

2001-1 Requirements for Certain Generally Licensed 02/16/2004 License Comments Part 32.52 (a) & (b) only Industrial Devices Containing Byproduct Material Condition 03/16/2004 Parts 30, 31 and 32 ML040550046 ML040770705 65 FR 79162 Final Comments ML19325D004 12/17/2019 ML19325C948 9

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2002-1 Revision of the Skin Dose Limit 04/05/2005 R2 No Comments Part 20 ML12213A254 09/14/2012 67 FR 16298 ML12234A371 2002-2 Medical Use of Byproduct Material 10/24/2005 Final Comments Parts 20, 32 and 35 ML12213A254 09/14/2012 67 FR 20249 ML12234A371 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 35 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 35 by reference. (Kentucky has submitted proposed regulations for Parts 20 and 32. See ML20015A324).

2003-1 Financial Assurance for Materials Licensees 12/03/2006 R2 No Comments Parts 30, 40 and 70 ML12213A254 09/14/2012 68 FR 57327 ML12234A371 2004-1 Compatibility With IAEA Transportation Safety 10/01/2007 R2 No Comments Standards and Other Transportation Safety ML12213A254 09/14/2012 Amendments ML12234A371 Part 71 69 FR 3697 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 71 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 71 by reference.

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2005-1 Security Requirements for Portable Gauges 07/11/2008 R2 No Comments Containing Byproduct Material ML12213A254 09/14/2012 Part 30 ML12234A371 70 FR 2001 2005-2 Medical Use of Byproduct Material - Recognition of 04/29/2008 R2 No Comments Specialty Boards ML12213A254 09/14/2012 Part 35 ML12234A371 70 FR 16336; 71 FR 1926 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 35 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 35 by reference.

2005-3 Increased Controls for Risk-Significant Radioactive 12/01/2005 License No Comments Sources (NRC Order EA-05-090) Condition 11/15/2005 70 FR 72128 ML053180137 ML053190005 2006-1 Minor Amendments 03/27/2009 R2 No Comments Parts 20, 30, 32, 35, 40 and 70 ML12213A254 09/14/2012 71 FR 15005 ML12234A371 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Part ML18170A180 35 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 35 by reference. (Kentucky has submitted proposed regulations for Parts 20, 30, 32, 40, and 70. See ML20015A324).

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2006-2 National Source Tracking System - Serialization 02/06/2007 Not Applicable Not Applicable Kentucky responded on 03/02/2007 Requirements to FSME 06-110 stating that they Part 32 with reference to Part 20 Appendix E currently have no licensees 71 FR 65685 applicable to this rule1.

ML070610044 2006-3 National Source Tracking System 01/31/2009 License No Comments Part 20 Condition 12/17/2008 71 FR 65685, 72 FR 59162 ML083180064 ML083220486 2007-1 Medical Use of Byproduct Material - Minor 10/29/2010 Proposed Comments Kentucky submitted proposed Corrections and Clarifications ML18170A181 07/27/2018 regulations that adopt 10 CFR Part Parts 32 and 35 ML18170A180 35 by reference 72 FR 45147, 54207 Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 35 by reference. (Kentucky has submitted proposed regulations for Part 32. See ML20015A324).

2007-2 Exemptions From Licensing, General Licenses, and 12/17/2010 Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32 and 150 72 FR 58473 2007-3 Requirements for Expanded Definition of Byproduct 11/30/2010 Proposed Comments Kentucky submitted proposed Material ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts Parts 20, 30, 31, 32, 33, 35, 61 and 150 ML18170A180 33, 35 and 61 by reference 72 FR 55864 Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Parts ML19043A752 33, 35 and 61 by reference.

(Kentucky has submitted proposed regulations for Parts 20, 30, 31, 32, and 150. See ML20015A324).

12

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2007-4 Order Imposing Fingerprinting Requirements and 06/05/2008 License No Comments Criminal History Records Check Requirements for Condition 05/02/2008 Unescorted Access to Certain Radioactive Material ML080990413 ML081220993 NRC Order EA-07-305 72 FR 70901 2008-1 Occupational Dose Records, Labeling Containers, 02/15/2011 Final Comments and Total Effective Dose Equivalent ML19325D004 12/17/2019 Parts 19 and 20 ML19325C948 72 FR 68043 Proposed Comments Kentucky submitted proposed ML20015A334 03/16/2020 regulations that adopt 10 CFR Parts ML20015A324 19 and 20 by reference 2009-1 Medical Use of Byproduct Material - Authorized 09/28/2012 Proposed Comments Kentucky submitted proposed User Clarification ML18170A181 07/27/2018 regulations that adopt 10 CFR Part Part 35 ML18170A180 35 by reference 74 FR 33901 Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 35 by reference.

2011-1 Decommissioning Planning 12/17/2015 Final Comments Parts 20, 30, 40 and 70 ML19325D004 12/17/2019 76 FR 35512 ML19325C948 13

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2011-2 Licenses, Certifications, and Approvals for Materials 11/14/2014 Proposed Comments Kentucky submitted proposed Licensees ML18170A181 07/27/2018 regulations that adopt 10 CFR Part Parts 30, 36, 39, 40, 70 and 150 ML18170A180 39 by reference 76 FR 56951 Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 39 by reference. (Kentucky has submitted proposed regulations for Parts 30, 40, and 70. See ML20015A324). Kentucky does not have any licensees subject to Part 36 regulations. (See SECY 112).

2012-1 Change of Compatibility of 01/25/2015 Final Comments Parts 31.5 and 31.6 ML19325D004 12/17/2019 (See RATS ID: 2001-1 for Rule text) ML19325C948 77 FR 3640 2012-2 Advance Notification to Native American Tribes of 08/10/2015 Proposed Comments Kentucky submitted proposed Transportation of Certain Types of Nuclear Waste ML18170A181 07/27/2018 regulations that adopt 10 CFR Part Part 71 ML18170A180 71 by reference 77 FR 34194 Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 71 by reference.

2012-3 Technical Corrections 08/06/2015 Proposed Comments Kentucky submitted proposed Parts 30, 34, 40 and 71 ML18170A181 07/27/2018 regulations that adopt 10 CFR Part 77 FR 39899 ML18170A180 34 and 71 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 34 and 71 by reference. (Kentucky has submitted proposed regulations for Parts 30 and 40. See ML20015A324).

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RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2012-4 Requirements for Distribution of Byproduct Material 10/23/2015 Parts 30, 31, 32, 40 and 70 77 FR 43666 2013-1 Physical Protection of Byproduct Material 03/19/2016 Final No Comments Part 37 only Parts 20, 30, 32, 33, 34, 35, 36, 37, 39 and 71 ML16062A063 03/04/2016 78 FR 16922 Ml16062A040 Proposed Comments Kentucky submitted proposed ML18170A181 07/27/2018 regulations that adopt 10 CFR Parts ML18170A180 33, 34, 35, 39 and 71 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Parts ML19043A752 33, 34, 35, 39 and 71 by reference.

(Kentucky has submitted proposed regulations for Parts 20, 30, and 32.

See ML20015A324). Kentucky does not have any licensees subject to Part 36 regulations. (See SECY-95-112).

2013-2 Distribution of Source Material to Exempt Persons 08/27/2016 and to General Licensees and Revision of General License and Exemptions Parts 30, 40 and 70 78 FR 32310 2015-1 Domestic Licensing of Special Nuclear Material - 01/26/2018 Final No Comments Written Reports and Clarifying Amendments ML19325D004 12/17/2019 Part 70 ML19325C948 79 FR 57721, 80 FR 143 2015-2 Safeguards Information - Modified Handling 01/28/2018 Final No Comments Categorization, Change for Materials Facilities ML19325D004 12/17/2019 Parts 30, 37, 73 and 150 ML19325C948 79 FR 58664, 80 FR 3865 15

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2015-3 Revisions to Transportation Safety Requirements 07/13/2018 Proposed Comments Kentucky submitted proposed and Harmonization with International Atomic Energy extended to ML18170A181 07/27/2018 regulations that adopt 10 CFR Part Agency Transportation Requirements 08/15/2020 ML18170A180 71 by reference Part 71 See STC 17-060 80 FR 33987 Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 71 by reference.

2015-4 Miscellaneous Corrections 09/02/2018 Final Comment Parts 37 and 40 ML19325D004 12/17/2019 80 FR 45841 ML19325C948 2015-5 Miscellaneous Corrections 12/31/2018 Proposed Comments Kentucky submitted proposed Parts 19, 20, 30, 32, 37, 40, 61, 70, 71 and 150 ML18170A181 07/27/2018 regulations that adopt 10 CFR Part 80 FR 74974 ML18170A180 61 and 71 by reference Final No Comments Kentucky submitted final ML19043A753 02/25/2019 regulations that adopt 10 CFR Part ML19043A752 61 and 71 by reference, except Part

37. (Kentucky has submitted proposed regulations for Parts 19, 20, 30, 31, 32, 40, 70 and 150. See ML20015A324).

2018-1 Medical Use of Byproduct Material - Medical Event 01/14/2022 Final Comments Kentucky submitted final Definitions, Training and Experience, and Clarifying ML19325D004 12/17/2019 regulations that adopt 10 CFR Part Amendments, ML19325C948 35 by reference Parts 30, 32 and 35 2018-2 Miscellaneous Corrections - 12/21/2021 Kentucky has submitted proposed Organizational Changes regulations incorporating Parts 40 and 70 by reference.

Parts 37, 40. 70 and 71 Kentucky has adopted Part 71 by reference (ML19043A752) 16

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2018-3 Miscellaneous Corrections 07/30/2022 Kentucky has adopted Parts 34 and Parts 1, 2, 34, 37, 50, 71, 73, and 140 71 by reference (ML19043A752 and ML19043A752) 2019-1 Miscellaneous Corrections 12/18/2022 Parts 2, 21, 37, 50, 52, 73, and 110 2019-2 Organizational Changes and Conforming 12/30/2022 Kentucky has adopted Part 71 by Amendments reference (ML19043A752).

Parts 1, 2, 37, 40, 50, 51, 52, 55, 71, 72, 73, 74, Kentucky has submitted proposed 100, 140, and 150 regulations adopting Part 40 by reference (ML20015A324) 2020-1 Individual Monitoring Devices 06/16/2023 Kentucky has adopted Parts 34 and 10 CFR Parts 34, 36, and 39 39 by reference (ML19043A752)

Kentucky has submitted proposed regulations adopting Part 36 by reference. However, Kentucky does not have any licensees subject to Part 36 regulations. (See SECY-95-112).

2020-2 Social Security Number Fraud Prevention 08/17/2023 Kentucky has adopted Part 35 by 10 CFR Parts 9 and 35 reference (ML19325C948) 2020-3 Miscellaneous Corrections 11/16/2023 Kentucky has submitted proposed 10 CFR Parts 1, 2, 19, 20, 21, 30, 34, 35, 40, 50, 51, regulations that adopt Part 19, 20, 30, 40, and 70 by reference 52, 60, 61, 62, 63, 70, 71, 72, 73, 74, 75, 76, 110, (ML20015A324 and ML23142A094) and 140 Kentucky has adopted Parts 34, 35, 61, and 71 by reference (ML19043A752, ML19325C948, and ML19043A752) 17

RATS ID NRC Chronology Identification Date Due for Incoming Outgoing Notes State Adoption Letter Package 2021-1 Miscellaneous Corrections 09/08/2024 Kentucky has submitted proposed 10 CFR Parts 2, 11, 20, 25, 32, 35, 37, 50, 52,55, regulations that adopt Parts 20, 32, 70, 72, 73, 95, and 110 and 70 by reference (ML23142A094)

Kentucky has adopted Part 35 by reference (ML19325C948) 2021-2 Miscellaneous Corrections 12/30/2024 Kentucky has submitted proposed 10 CFR Parts 9, 37, 40, 50, 51, 52, 55, 71, 73, and regulations to adopt Part 40 by 110 reference (ML20015A324)

Kentucky has adopted Part 71 by reference (ML19043A752) 2022-1 Miscellaneous Corrections none Provisions are not required for 10 CFR 1, 2, 20, 30, 40, 50, 55, 70, 73, and 170 compatibility.

2022-2 Miscellaneous Corrections none Provisions are not required for 10 CFR Parts 20, 35, 50, 51, 52, 72, 73, 110, and compatibility.

150 NA 10 CFR Parts 19, 20, 30, 31, 32, 40, 70, and 150 NA Proposed Comments Kentucky submitted proposed ML20015A334 03/16/2020 regulations that adopt parts 20, 30, ML20015A324 31, 32, 40, 70, and 150 by reference.

ML23142A094 18

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

  • NA 10 CFR Parts 20, 30, 31, 32, 36, 70, 150 NA Proposed Comments Kentucky submitted revisions to ML23142A105 09/27/2023 previously proposed regulations that ML23142A094 adopt parts 30, 31, 32, and 150 by reference. Kentucky submitted new proposed regulations that adopt parts 20, 36, and 70 by reference.

19

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