March 16, 2004 

Mr. Robert Johnson, Manager 

Radiation Health and Toxic Agents Branch 

Cabinet for Health Services 

275 East Main Street 

Frankfort, KY 40621-0001 

Dear Mr. Johnson: 

We have reviewed the Kentucky license conditions that were submitted to meet the “Generally 

Licensed Device” (GL) reporting requirements of 10 CFR 32.52 (a) and (b), via your February 

23, 2004 letter. Our review and comments are in response to Kentucky’s request for Nuclear 

Regulatory Commission (NRC) evaluation of the license conditions that incorporated the 

amendment identified on the State’s Regulation Status Data Sheet (SRS). These license 

conditions were reviewed by comparison to the equivalent NRC rules in 10 CFR 32.52 and the 

requirements of the one amendment identified in the enclosed SRS. We discussed our review 

of the license conditions with you on March 9, 2004. 

As a result of our review, we have 3 comments. In addition, we would like to ensure that it is 

understood that the remaining portion of the GL Rule was due for Agreement State adoption on 

February 16, 2004. Please provide a final, amended version of your license condition, showing 

the location of any changes made in response to our comments. If there are any comments 

which Kentucky believes are in error, the State should identify the section of the license 

condition or regulations that meet the designated compatibility category. Please note that we 

have limited our review to the items required for compatibility and/or health and safety. 

The SRS Data Sheet summarizes our knowledge of other Kentucky regulations. 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 the STP Web Site: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm 

If you have any questions regarding the comments, the compatibility and health categories, or 

any of the NRC regulations used in the review, please contact me or James Myers of my staff, 

at (301) 415-2328 or JHM@NRC.GOV. 

Sincerely, 

\RA By C.H. Maupin For\ 

Josephine M. Piccone, Deputy Director 

Office of State and Tribal Programs 

Enclosures: 

As stated 
March 16, 2004 

Mr. Robert Johnson, Manager

Radiation Health and Toxic Agents Branch

Cabinet for Health Services

275 East Main Street

Frankfort, KY 40621-0001

Dear Mr. Johnson: 

We have reviewed the Kentucky license conditions that were submitted to meet the “Generally 

Licensed Device” (GL) reporting requirements of 10 CFR 32.52 (a) and (b), via your February 

23, 2004 letter. Our review and comments are in response to Kentucky’s request for Nuclear 

Regulatory Commission (NRC) evaluation of the license conditions that incorporated the 

amendment identified on the State’s Regulation Status Data Sheet (SRS). These license 

conditions were reviewed by comparison to the equivalent NRC rules in 10 CFR 32.52 and the 

requirements of the one amendment identified in the enclosed SRS. We discussed our review 

of the license conditions with you on March 9, 2004. 

As a result of our review, we have 3 comments. In addition, we would like to ensure that it is 

understood that the remaining portion of the GL Rule was due for Agreement State adoption on 

February 16, 2004. Please provide a final, amended version of your license condition, showing 

the location of any changes made, in response to our comments. If there are any comments 

which Kentucky believes are in error, the State should identify the section of the license 

condition or regulations that meet the designated compatibility category. Please note that we 

have limited our review to the items required for compatibility and/or health and safety. 

The SRS Data Sheet summarizes our knowledge of other Kentucky regulations. 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 the STP Web Site: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm 

If you have any questions regarding the comments, the compatibility and health categories, or 

any of the NRC regulations used in the review, please contact me or James Myers of my staff, 

at (301) 415-2328 or JHM@NRC.GOV. 

Sincerely, 

\RA By C.H. Maupin For\ 

Josephine M. Piccone, Deputy Director 

Office of State and Tribal Programs 

Enclosures: As stated 

Distribution: 

DIR RF (4-39) DCD (SP06) PDR (YES_T) DWhite RSAO 

JZabko ASPO BUsilton Kentucky File Response to Incoming Document: ML04055046 

DOCUMENT NAME: C:\NRC\Regs\Kentucky LC's.wpd 

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with 

attachment/enclosure "N" = No copy 

OFFICE STP STP OGC STP:DD 

NAME JMyers JZabko STreby JMPiccone 

DATE 03/8/04* 03/9/04* 03/15/04* 03/16/04* 

ML040770705 OFFICIAL RECORD COPY 
1

COMPATIBILITY COMMENTS ON KENTUCKY LICENSE CONDITIONS

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS

License 

Condition 

32.52 (a)(4) 2001-1 B Materials Transfer records and 

reports 

The State has omitted the 

requirement to update the device 

label if the device itself is altered. 

The State needs to include this 

requirement to achieve 

compatibility. 

2 License 

Condition 

License 

Condition 

3

32.52 (a)(7) 

32.52(c) 

2001-1 

2001-1 

B Materials Transfer records and 

reports 

The State has omitted the 

requirement to submit a report for 

the reporting period even if no 

transfers have been made. 

The State needs to include this 

requirement to achieve 

compatibility. 

B Materials Transfer records and 

reports 

The State does not include a 

record retention period as stated in 

32.52 (c). 

The State needs to include a three 

year record retention period to 

achieve compatibility. 
STATE REGULATION STATUS 

State: Kentucky 

[One amendment reviewed is identified Tracking Ticket Number: 4-39 

by a i at the beginning of each equivalent NRC regulation.] Date: March 16, 2004 

NRC Chronology 

Identification 

FR Notice 

(State Due 

Date) 

RATS ID Proposed (P) / 

Final (F)1

 Rule / 

ML #5 

NRC Review / 

Y, N2

 / Date / 

ML #5 

Final State Regulation1 

(Effective Date) 

Safety Requirements for 

Radiographic Equipment-Part 

34 

55 FR 843; 

(1/10/94) 

1991-1 F N 3/15/96 4/11/94 

ASNT Certification of 

Radiographers-Part 34 

56 FR 11504; 

(none) 

1991-2 Not required3 

Standards for Protection 

Against Radiation-Part 20 

56 FR 23360; 

56 FR 61352; 

57 FR 38588; 

57 FR 57877; 

58 FR 67657; 

59 FR 41641; 

60 FR 20183; 

(1/1/94) 

1991-3 F 

P 

N 2/16/97 

N 4/17/98 

4/11/94 

Notification of Incidents-Parts 

20, 30, 31, 34, 39, 40, 70 

56 FR 64980; 

(10/15/94) 

1991-4 F N 3/15/96 4/19/95 

Quality Management Program 

and Misadministrations-Part 35 

56 FR 34104; 

(1/27/95) 

1992-1 F N 3/15/96 4/11/95 

Eliminating the Recordkeeping 

Requirements for Departures 

from Manufacturer's 

Instructions-Parts 30,35 

57 FR 45566; 

(none) 

1992-2 Not required3 

Decommissioning 

Recordkeeping and License 

Termination: Documentation 

Additions [Restricted areas and 

spill sites]-Parts 30, 40 

58 FR 39628; 

(10/25/96) 

1993-1 F N 3/15/96 4/19/95 

Licensing and Radiation Safety 

Requirements for IrradiatorsPart 36 

58 FR 7715; 

(7/1/96) 

1993-2 Not applicable SECY-95-

1124 

Definition of Land Disposal and 

Waste Site QA Program-Part 61 

58 FR 33886; 

(7/22/96) 

1993-3 Not applicable 

SECY-95-1124 

Self-Guarantee as an Additional 

Financial Mechanism-Parts 30, 

40, 70 

58 FR 68726; 

59 FR 1618 

(none) 

1994-1 F N 3/15/96 Not required3 

4/19/95 

Uranium Mill Tailings 

Regulations: Conforming NRC 

Requirements to EPA 

Standards-Part 40 

59 FR 28220; 

(7/1/97) 

1994-2 Not required3 

Timeliness in Decommissioning 

Material Facilities-Parts 30, 40, 

70 

59 FR 36026; 

(8/15/97) 

1994-3 F N 4/17/98 8/20/97 

Preparation, Transfer for 

Commercial Distribution, and 

Use of Byproduct Material for 

Medical Use-Parts 30, 32, 35 

59 FR 61767; 

59 FR 65243 

60 FR 322; 

(1/1/98) 

1995-1 F N 4/17/98 8/20/97 
NRC Chronology 

Identification 

FR Notice 

(State Due 

Date) 

RATS ID Proposed (P) / 

Final (F)1

 Rule / 

ML #5 

NRC Review / 

Y, N2

 / Date / 

ML #5 

Final State Regulation1 

(Effective Date) 

Frequency of Medical 

Examinations for Use of 

Respiratory Protection 

Equipment-Part 20 

60 FR 7900; 

(3/13/98) 

1995-2 F N 4/17/98 1/14/97 

Low-Level Waste Shipment 

Manifest Information and 

Reporting-Parts 20, 61 

60 FR 15649; 

60 FR 25983 

(3/1/98) 

1995-3 P 

ML013250155 

N 2/7/02 

ML020420112 

Performance Requirements for 

Radiography Equipment-Part 34 

60 FR 28323; 

(6/30/98) 

1995-4 4/19/95 

Radiation Protection 

Requirements: Amended 

Definitions and Criteria-Parts 

19, 20 

60 FR 36038; 

(8/14/98) 

1995-5 F 

P 

Y 4/17/98 

N 4/17/98 

11/14/97 

9/11/00 

Clarification of 

Decommissioning Funding 

Requirements-Parts 30, 40, 70 

60 FR 38235; 

(11/24/98) 

1995-6 P N 6/21/00 9/11/00 

Medical Administration of 

Radiation and Radioactive 

Materials-Parts 20, 35 

60 FR 48623; 

(10/20/98) 

1995-7 

10 CFR Part 71: Compatibility 

with the International Atomic 

Energy Agency-Part 71 

60 FR 50248; 

61 FR 28723 

(4/1/99) 

1996-1 F Y 6/21/00 

One Time Extension of Certain 

Byproduct, Source and Special 

Nuclear Materials LicensesParts 30, 40, 70 

61 FR 1109; 

(none) 

1996-2 Not required3 

Termination or Transfer of 

Licensed Activities: 

Recordkeeping RequirementsParts 20, 30, 40, 61, 70 

61 FR 24669; 

(6/17/99) 

1996-3 N 6/21/00 9/11/00 

Resolution of Dual Regulation 

of Airborne Effluents of 

Radioactive Materials; Clean Air 

Act-Part 20 

61 FR 65120; 

(1/9/00) 

1997-1 F N 4/17/98 11/14/97 

Recognition of Agreement State 

Licenses in Areas Under 

Exclusive Federal Jurisdiction 

Within an Agreement State-Part 

150 

62 FR 1662; 

(2/27/00) 

1997-2 F 

ML010780156 

N 3/30/01 

ML010890409 

2/2/01 

Criteria for the Release of 

Individuals Administered 

Radioactive MaterialParts 20, 35 

62 FR 4120; 

(5/29/00) 

1997-3 F N 4/17/98 11/14/97 

Fissile Material Shipments and 

Exemptions-Part 71 

62 FR 5907; 

(none) 

1997-4 Not required3 

Licenses for Industrial 

Radiography and Radiation 

Safety Requirements for 

Industrial Radiography 

Operations-Parts 30, 34, 71, 

150 

62 FR 28948; 

(6/27/00) 

1997-5 F 

ML010780156 

Y 3/30/01 

ML010890409 

2/2/01 
NRC Chronology 

Identification 

FR Notice 

(State Due 

Date) 

RATS ID Proposed (P) / 

Final (F)1

 Rule / 

ML #5 

NRC Review / 

Y, N2

 / Date / 

ML #5 

Final State Regulation1 

(Effective Date) 

Radiological Criteria for License 

Termination-Parts 20, 30, 40, 

70 

62 FR 39058; 

(8/20/00) 

1997-6 F N 6/21/00 9/11/00 

Exempt Distribution of a 

Radioactive Drug Containing 

One Microcurie of Carbon-14 

Urea-Part 30 

62 FR 63634; 

(1/02/01) 

1997-7 F N 4/17/98 11/14/97 

Deliberate Misconduct by 

Unlicensed Persons-Parts 30, 

40, 61, 70, 150 

63 FR 1890; 63 

FR 13773 

(2/12/01) 

1998-1 F N 6/21/00 10/16/00 

Self-Guarantee of 

Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing 

Licensees- Parts 30, 40, 70 

63 FR 29535; 

(none) 

1998-2 Not required3 

License Term for Medical Use 

Licenses-Part 35 

63 FR 31604; 

(none) 

1998-3 Not required3 

Licenses for Industrial 

Radiography and Radiation 

Safety Requirements for 

Industrial Radiographic 

Operations-Part 34 

63 FR 37059; 

(7/9/01) 

1998-4 F 

ML010780156 

N 3/30/01 

ML010890409 

2/2/01 

Minor Corrections, Clarifying 

Changes, and a Minor Policy 

Change-Parts 20, 35, 36 

63 FR 39477; 

63 FR 45393 

(10/26/01) 

1998-5 

Transfer for Disposal and 

Manifests: Minor Technical 

Conforming Amendment-Part 

20 

63 FR 50127; 

(11/20/01) 

1998-6 P 

ML013250155 

N 2/7/02 

ML020420112 

Radiological Criteria for License 

Termination of Uranium 

Recovery Facilities-Part 40 

64 FR 17506; 

(6/11/02) 

1999-1 

Requirements for Those Who 

Possess Certain Industrial 

Devices Containing Byproduct 

Material to Provide Requested 

Information-Part 31 

64 FR 42269; 

(none) 

1999-2 Not required3 

Respiratory Protection and 

Controls to Restrict Internal 

Exposure-Part 20 

64 FR 54543; 

64 FR 55524 

(2/2/03) 

1999-3 

Energy Compensation Sources 

for Well Logging and Other 

Regulatory Clarifications-Part 

39 

65 FR 20337; 

(5/17/03) 

2000-1 

New Dosimetry TechnologyParts 34, 36, 39 65 FR 63749; 

(1/8/04) 

2000-2 

iRequirements for Certain 

Generally Licensed Industrial 

Devices Containing Byproduct 

Material - Parts 30, 31, 32 

65 FR 79162; 

(2/16/04) 

2001-1 F Only 

Reviewed the 

license 

conditions for 

32.52 (a) & (b) 

Y 3/16/04 

ML040770705 

Only Reviewed the 

license conditions for 

32.52 (a) & (b) 
NRC Chronology 

Identification 

FR Notice 

(State Due 

Date) 

RATS ID Proposed (P) / 

Final (F)1

 Rule / 

ML #5 

NRC Review / 

Y, N2

 / Date / 

ML #5 

Final State Regulation1 

(Effective Date) 

Revision of the Skin Dose LimitPart 20 67 FR 1629; 

(4/5/05) 

2002-1 

Medical Use of Byproduct 

Material-Parts 20, 32, 35

 67 FR 20249; 

(4/24/05) 

2002-2 

Financial Assurance for 

Materials Licensees – Parts 30, 

40, 70 

68 FR 57327 

12/3/06 

2003-1 

1. Or other generic Legally Binding Requirements. 

2. (Y/N) Y means “Yes,” there are comments in the review letter that the State needs to address. 

N means “No,” there are no comments in the review letter. 

3. Not required means these regulations are not required for purposes of compatibility. 

4. A State need not adopt a specific regulation if the State has no licensees that would be subject to that 

regulation. See: “Final Policy Statement on Adequacy and Compatibility of Agreement State Programs,” 

III.1. Time Frame for Adoption of Compatible State Regulations, p. 6, SECY-95-112, May 3, 1995. 

5. ADAMS ML Number