902 KAR 100:015.
General requirements.
RELATES TO: KRS
211.842-211.852, 211.990(4)
STATUTORY
AUTHORITY: KRS 194.050, 211.090, 211.844
NECESSITY,
FUNCTION, AND CONFORMITY: The Cabinet for Human Resources is authorized by KRS
211.844 to provide by administrative regulation for the registration and
licensing of the possession or use of sources of ionizing or electronic product
radiation and the handling and disposal of radioactive waste. This
administrative regulation provides for general requirements, prohibitions, and
exemptions that shall be applicable to persons who possess or use sources of
ionizing or electronic product radiation in Kentucky.
Section 1.
Applicability. This administrative regulation shall apply to persons who
receive, possess, use, transfer, own, or acquire radioactive sources or
ionizing or electronic product radiation in Kentucky.
Section 2.
Exposure to be Maintained as Low as is Reasonably Achievable. All persons shall
make every reasonable effort to maintain radiation exposures and releases of
radioactive materials in effluents to unrestricted areas as low as is
reasonably achievable. The term "as low as reasonably achievable"
means as low as is reasonably achievable taking into account the state of
technology, the economics of improvements in relation to benefits to the public
health and safety, other societal and socioeconomic considerations, and in
relation to the utilization of sources of radiation in the public interest.
Section 3.
Prohibited Uses. The following uses of radiation are prohibited in Kentucky:
(1) Hand-held
fluoroscopic screens shall not be used.
(2) Shoe-fitting
fluoroscopic devices shall not be used.
(3) Sources of
radiation detrimental to public health, safety, or property shall not be used.
(4) No person
shall use sources of radiation in a manner to intentionally expose an
individual except as specifically allowed by these administrative regulations
or by license authorization.
Section 4.
Records. Each licensee and registrant shall maintain records showing the
receipt, transfer, and disposal of all sources of radiation. Additional record
requirements are specified elsewhere in these administrative regulations.
Section 5.
Inspections. (1) Each licensee and registrant shall afford to the cabinet, at
all reasonable times, opportunity to inspect sources of radiation and the
premises and facilities where such sources of radiation are used or stored.
(2) Each
licensee and registrant shall make available for inspection, to the cabinet,
records maintained as required by these administrative regulations.
Section 6.
Tests. Each licensee and registrant shall perform or permit the cabinet to
perform such tests as the cabinet deems appropriate or necessary including, but
not limited to, tests of:
(1) Sources of
radiation;
(2) Facilities
where sources of radiation are used or stored;
(3) Radiation
detection and monitoring instruments; and
(4) Other
equipment and devices used in connection with utilization or storage of
licensed or registered sources of radiation.
Section 7.
Exemptions. (1) General provision. The cabinet may, upon application or its own
initiative, grant such exemptions or exceptions from the requirements of these
administrative regulations as it determines are authorized by law or
administrative regulation and that will not result in undue hazard to public
health, safety, or property.
(2) United
States Department of Energy and U.S. Nuclear Regulatory Commission contractors.
A U.S. Department of Energy or U.S. Nuclear Regulatory Commission contractor or
subcontractor of the following categories operating within Kentucky is exempt
from these administrative regulations to the extent that the contractor or
subcontractor under his contract receives, possesses, uses, transfers, or
acquires sources of radiation:
(a) Prime
contractors performing work for the U.S. Department of at United States
government-owned or controlled sites, including the transportation of sources
of radiation to or from the sites and the performance of contract services
during temporary interruptions of transportation;
(b) Prime
contractors of the U.S. Department of Energy performing research in, or
development, manufacture, storage, testing, or transportation of, atomic
weapons or components atomic weapons;
(c) Prime
contractors of the U.S. Department of Energy using or operating nuclear
reactors or other nuclear devices in a United States government-owned vehicle
or vessel; and
(d) A prime
contractor or subcontractor of the U.S. Department of Energy or of the U.S.
Nuclear Regulatory Commission if the state and the U.S. Nuclear Regulatory
Commission jointly determine:
1. That under
the terms of the contract or subcontract, there is adequate assurance that the
authorized work can be accomplished without undue risk to the public health and
safety; and
2. That the
exemption of the prime contractor or subcontractor is authorized by law.
Section 8.
Additional Requirements. The cabinet may, by rule, administrative regulation,
or order, impose upon a licensee or registrant, requirements in addition to
those established in these administrative regulations as it deems appropriate
or necessary to minimize danger to public health, safety, or property.
Section 9.
Impounding. Sources of radiation may be subject to impoundment by the cabinet
as necessary to minimize danger to public health, safety, or property. The
impoundment by the cabinet shall not relieve the owner of the responsibility
for the sources.
Section 10.
Communications. Communications, reports and applications filed concerning these
administrative regulations, shall be addressed to: Manager, Radiation Control,
Kentucky Cabinet for Human Resources, 275 East Main Street, Frankfort, Kentucky
40621. (1 Ky.R. 384; eff. 2-5-75; Am. 2 Ky.R. 477; eff. 4-14-76; 3 Ky.R. 164;
eff. 9-1-76; 12 Ky.R. 987; eff. 1-3-86; 18 Ky.R. 1485; eff. 1-10-92.)
