902 Kar 100:015. General Requirements

Link to law: http://www.lrc.ky.gov/kar/902/100/015.htm
Published: 2015

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      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.)