February 7, 2002

Mr. John A. Volpe, Ph.D., Manager

Radiation Health and Toxic Agents Branch

Cabinet for Health Services

275 East Main Street

Frankfort, KY 40621-0001

Dear Dr. Volpe:

As requested, we have reviewed the proposed Kentucky Administrative Regulations 

(902 KAR 100) amendment, received electronically on November 19, 2001. The proposed

regulations are in response to the two amendments identified in the enclosed State Regulations

Status (SRS) Data Sheet. The regulations were reviewed by comparison to the equivalent NRC

regulations in 10 CFR Part 20. We also discussed our review of the regulations with you on

November 26, 2001.

As a result of our review, we have no comments regarding compatibility but we have included

six suggested editorial changes. 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 a review of the final State regulation. However,

we have determined that if your proposed regulations were adopted without other significant

change, they would meet the compatibility and health and safety categories established in the

Office of State and Tribal Programs (STP) Procedure SA-200.

We request that when the proposed regulations are adopted and published as final regulations,

a copy of the ìas publishedî regulations be provided to us for review. As requested in STP

Procedure SA-201, Review of State Regulatory Requirements, please highlight the final

changes and send one hard copy to STP.

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 Richard Woodruff, Region

II, at (404) 562-4707 or RLW@NRC.GOV.

Sincerely,

/RA/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
John A. Volpe 2

Distribution:

DIR RF (1-215) DCD (SP06) PDR (YES_)

SDroggitis

BUsilton

Kentucky File Response to Incoming Document: ML013250155

DOCUMENT NAME: G:\JGZ\kentucky\Kentucky(1-215)proposed.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 RWoodruff:kk:gd

(Via E-mail)

JZabko JLieberman JMPiccone

DATE 11/29/01 12/5/01 1/31/02 2/7/02

ML020420112 STP-AG-11
Editorial Comments

1. (Page 15 ) Section 10.4(a) uses term: "for example." NRC uses in Appendix G, 

Part 20, I.a: "i.e." which means ìthat isî not ìfor example.î 

2. (Page 23) Section 10.13(I) refers to subsection (16); it should be (17).

3. (Page 24) Section 10.14(g) refers to subsection (16); it should be (17).

4. (Page 25) Section 10.15(b)(2) refers to subsection (16); it should be (11).

5. (Page 24) Section 10.15(j) refers to subsection (16); it should be (17).

6. 902 KAR 100:010 contains definitions for this section, but does not include the

definitions required by amendment 64 FR 55525. However, the required State

implementation date is 2/2/03. These are not required at this time but will be after that

date.
STATE REGULATION STATUS

State: Kentucky [Two proposed amendments reviewed are identified Tracking Ticket Number: 1-215by a  at the beginning of each equivalent NRC regulation.] Date: February 7, 2002 

NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ASNT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

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

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1 F Eliminating the Recordkeeping Requirements for Departures from Manufacturer's InstructionsParts 30,35 57 FR 45566; (none) 1992-2 Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA Standards-Part 40 59 FR 28220; (7/1/97) 1994-2 

Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material for MedicalUse-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection Equipment-Part 20 60 FR 7900; (3/13/98) 1995-2 F 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 P

ML013250
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F

P

Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-710 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28723

(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special Nuclear Materials LicensesParts 30, 40, 70 61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Recordkeeping Requirements-Parts 20, 30, 40,61, 70

61 FR 24669; (6/17/99) 1996-3 

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean Air ActPart 20 61 FR 65120; (1/9/00) 1997-1 F Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Withinan Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F

ML010780

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28948; (6/27/00) 1997-5 F

ML010780

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39058; (8/20/00) 1997-6 F Exempt Distribution of a Radioactive Drug Containing One Microcurie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicensed Persons-Parts 30, 40, 61, 70, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F 

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-Issuing LicenseesParts 30, 40, 70 63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F

ML010780
NRC Chronology Identification FR Notice

(State Due Date)

RATS ID

Proposed / Final (F)

Rule / ML 

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means ìYes,î there are comments in the review letter that the State needs to address. 

N means ìNo,î 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: ìFinal 

Adequacy and Compatibility of Agreement State Programs,î III.1. Time Frame for Adoption of Compatible State Regulations, p1995.

5. ADAMS ML Number

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

ML013250

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1Requirements for Those Who Possess Certain Industrial Devices Containing Byproduct Materialto Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

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) 2000-1New Dosimetry Technology-Parts 34, 36, 39 65 FR 63749; (1/8/04) 2000-2