September 14, 2012 

Matthew McKinley, Administrator 

Radiation Health Program 

Cabinet for Health and Family Services 

275 East Main Street, HS1C-A 

Frankfort, KY 40621-0001 

Dear Mr. McKinley: 

We have reviewed the proposed revisions to the final Kentucky Radiological Health 

Administrative Regulations, Title 902, Chapter 100 Radiology, received by our office on 

August 1, 2012. These regulations were reviewed by comparison to the equivalent Nuclear 

Regulatory Commission (NRC) rules in 10 CFR Parts 20, 30, 32, 34, 35, 36, 39, 40, 61, 70, 71 

and the requirements of the 14 amendments identified in the enclosed State Regulation Status 

(SRS) Data Sheet. We discussed our review of the regulations with Curt Pendergrass on 

September 12, 2012. 

As a result of our review, we have seven comments that have been identified in the enclosure. 

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 revisions to the final regulations were adopted, incorporating our comment and 

without other significant change, they would meet the compatibility and health and safety 

categories established in the Office of Federal and State Materials and Environmental 

Management Programs (FSME) Procedure SA-200. 

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

a copy of the Aas published@ regulations be provided to us for review. As requested in FSME 

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

changes, and provide a copy to Division of Materials Safety and State Agreements, FSME. 

 

The State Regulation Status (SRS) Data Sheet 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 the FSME website: http://nrc-stp.ornl.gov/rulemaking.html. 
-2- 

If you have any questions regarding the review results, the compatibility and health and safety 

categories, or any of the NRC regulations used in the review, please contact Kathleen Schneider, 

State Regulation Review Coordinator at (301) 415-2320 (kathleen.schneider@nrc.gov) or Joan 

Olmstead at (301) 415-2859 (joan.olmstead@nrc.gov). 

Sincerely, 

/RA K.N. Schneider for/ 

Pamela J. Henderson, Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 

Enclosures: 

As stated 
[Concurrence Page] 

Enclosures: As stated 

Distribution: 

DIR RF (12-22) SUNSI Review Complete 

DCD (SP05) : Publicly Available G Non-Publicly Available 

MOrendi, RSAO : Non-Sensitive G Sensitive 

MBeardsley, POC 

KY File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\Kentucky\12-22

Incoming Document: ML12213A254

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 ASPB ASPB OGC ASPC:BC MSSA:DD 

NAME JOlmstead KSchneider BJones DWhite: kns PHenderson: 

kns 

DATE 08/24/12 08/29/12 09/10/12 09/14/12 09/14/12 

ML12234A559 OFFICIAL RECORD COPY Package ML12234A371

 
COMPATIBILITY COMMENTS ON KENTUCKY’S PROPOSED 

REVISIONS TO FINAL REGULATIONS 

STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

1 KAR 

100:010 

Section1(74) 

§20.1003 1998-5 A Definition: Declared pregnant 

woman 

Kentucky’s definition of Declared 

pregnant woman in 100:010 Section 

1(74) uses the term “employer” 

instead of “licensee.” 10 CFR 

§20.1003 specifically requires the 

woman to voluntarily inform the 

licensee instead of the employer 

(unless the employer is also the 

licensee) to ensure that the entity 

responsible for work assignments 

involving radiation exposure is aware 

of the declaration of pregnancy to 

facilitate timely and appropriate 

protective action. Kentucky needs to 

replace the word “employer” with 

“licensee” in 100:010 Section 1(74). 

Kentucky needs to make the above 

change in order to meet the 

Compatibility Category A designation 

assigned to 10 CFR 20.1003 

Definition: Declared pregnant 

woman. 

2 KAR 

100:010 

Section 

1(25)(a) 

§ 35.2 2002-2 B Definition: Authorized nuclear 

pharmacist 

Kentucky needs to revise the 

definition of Authorized nuclear 

pharmacist to add “or” after “66(1),” in 

100:010 Section 1(25)(a).

Kentucky needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.2 Definition: 

Authorized nuclear pharmacist. 
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

3 KAR 

100:010 

Section 

1(26)(a) 

§ 35.2 2002-2 B Definition: Authorized user 

Kentucky needs to revise the 

definition of Authorized user to 

reference KAR 100:072 Section 70(1) 

by inserting “70(1) after “69(1).” 

Kentucky needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.2 Definition: 

Authorized user.

4 KAR 

100:010 

Section 216 

§35.2 2002-2 C Definition: Prescribed dose

Kentucky needs to revise the 

definition of Prescribed dose in KAR 

100:010 Section 216(c) by adding the 

word “manual” before 

“brachytherapy.” Kentucky also 

needs to revise KAR 100:010 Section 

216 by adding “(d) For remote 

brachytherapy afterloaders, the total 

dose and dose per fraction as 

documented in the written directive.” 

Kentucky needs to revise the 

definition in order to meet the 

Compatibility Category C designation 

assigned to 10 CFR 35.2 Definition: 

Prescribed dose. 

5 KAR 

100:010 

Section 

1(234)(b) 

§ 35.2 2002-2 B Definition: Radiation safety officer 

Kentucky needs to revise the 

definition of Radiation Safety Officer 

by adding “;or” after “(3)(a)” in 

100:010 Section 1(234)(b). Kentucky 

also needs to add “Is identified as a 

Radiation Safety Officer on – ” before 

Section 1(234)(b)(1).

Kentucky needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.2 Definition: 

Radiation safety officer.
STATE SECTION NRC SECTION RATS ID CATEGORY SUBJECT and COMMENTS 

6 KAR 

100:010 

Section 

1(262) 

§ 35.2 2002-2 B Definition: Sealed source 

Kentucky needs to revise the 

definition of Sealed source by deleting 

“permanently bonded or fixed in a 

capsule or matrix” and replacing it 

with “encased in a capsule” in 

100:010 Section 1(262). 

Kentucky needs to make the above 

change in order to meet the 

Compatibility Category B designation 

assigned to 10 CFR 35.2 Definition: 

Sealed source.

7 KAR 

100:010 

Section 1 

§ 35.2 2002-2 B Definition: Treatment site 

Kentucky omits definition of 

Treatment site in 100:010 Section 1. 

Kentucky needs to add a definition of 

treatment site to meet the 

Compatibility Category C designation 

assigned to the 10 CFR 35.2 

Definition: Treatment site.
STATE REGULATION STATUS

State: Kentucky 

 Tracking Ticket Number: 12-22 

[14 amendment(s) reviewed is identified by a i Date: September 14, 2012 

at the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Final No Comments 

03/15/1996 

Kentucky has adopted Final Regulations equivalent to RATS ID: 1997-5. 

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required Kentucky has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 

1991-3 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; 

01/01/1994 Final No Comments 

04/17/1998 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 Final No Comments 

03/15/1996 

1992-1 Quality Management Program and 

Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 Final No Comments 

03/15/1996 

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 57 FR 45566 

none Not Required Not Required Kentucky has adopted Final 

Regulations equivalent to RATS ID: 1997-5. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final No Comments 

03/15/1996 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Not Applicable1 Not Applicable Kentucky does not have any 

licensees subject to these regulations. (See SECY-95-112) 

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 Not Applicable1 Not Applicable Kentucky does not have any 

licensees subject to these regulations. (See SECY-95-112) 

1994-1 Self-Guarantee as an Additional Financial 

Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. 

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Not Applicable Not Applicable Kentucky does not have authority to 

regulate this material under its Agreement. 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final No Comments 

04/17/1998 

1995-1 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 

01/01/1998 Final No Comments 

04/17/1998 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900 

03/13/1998 Final No Comments 

04/17/1998 

*1995-3 Low-Level Waste Shipment Manifest Information 

and Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

1995-4 Performance Requirements for Radiography 

Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 Final No Comments 

03/15/1996 

Kentucky has adopted Final Regulations equivalent to RATS ID: 1997-5. 

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final No Comments 

04/17/1998 

*1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 

1996-1 Compatibility with the International Atomic Energy 

Agency Part 71 

04/01/1999 Final Comments 

06/21/2000 

Kentucky has not yet adopted Final Regulations equivalent to RATS ID: 2004-1. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

1996-2 One Time Extension of Certain Byproduct, Source 

and Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. 

1996-3 Termination or Transfer of Licensed Activities: 

Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final No Comments 

06/21/2000 

1997-1 Resolution of Dual Regulation of Airborne Effluents 

of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final No Comments 

04/17/1998 

1997-2 Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 

02/27/2000 Final 

ML010780156 

No Comments 03/30/2001 ML010890409 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final No Comments 

04/17/1998 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 62 FR 5907 (Superceded by 2004-1) 

02/10/2000 Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. (See STP-97-078) 

1997-5 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography 

06/27/2000 Final 

ML010780156 

Comments 03/30/2001 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Operations Parts 30, 34, 71, 150 62 FR 28947 

ML010890409 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final No Comments 

06/21/2000 

1997-7 Exempt Distribution of a Radioactive Drug 

Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final No Comments 

04/17/1998 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773 

02/12/2001 Final No Comments 

06/21/2000 

1998-2 Self-Guarantee of Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. 

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. (See STP-98-074) 

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Final 

ML010780156 

No Comments 03/30/2001 ML010890409 

*1998-5 Minor Corrections, Clarifying Changes, and a Minor 

Policy Change Parts 20, 32, 35, 36, 39 

10/26/2001 R2

ML12213A254 

Comments 09/14/2012 ML12234A371 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

63 FR 39477; 63 FR 45393 

*1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment Part 20 63 FR 50127 

11/20/2001 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Not Applicable Not Applicable Kentucky does not have authority to 

regulate this material under its Agreement. 

1999-2 Requirements for Those Who Possess Certain 

Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These regulations are not required 

to be adopted for purposes of Compatibility. 

*1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

*2000-1 Energy Compensation Sources for Well Logging 

and Other Regulatory Clarifications Part 39 65 FR 20337 

05/17/2003 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

*2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

Part 36 regulation changes were not adopted by Kentucky because they do not have any licensees. See RATS ID: 1993-2. 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2001-1 Requirements for Certain Generally Licensed 

Industrial Devices Containing Byproduct Material Parts 30, 31, 32 65 FR 79162 

02/16/2004 License Condition 

ML040550046 

Comments 03/16/2004 ML040770705 

Part 32.52 (a) & (b) only 

*2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

*2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML12213A254 

Comments 09/14/2012 ML12234A371 

*2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

*2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

*2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 70 FR 2001 

07/11/2008 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

*2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License Condition

ML053180137 

No Comments 11/15/2005 ML053190005 

*2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 R2

ML12213A254 

No Comments 09/14/2012 ML12234A371 

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 Not Applicable Not Applicable Kentucky responded on 03/02/2007 

to FSME 06-110 stating that they currently have no licensees applicable to this rule1. ML070610044 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 License Condition

ML083180064 

No Comments 12/17/2008 ML083220486 

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License Condition

ML080990413 

No Comments 05/02/2008 ML081220993 

2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 

2009-1 Medical Use of Byproduct Material – Authorized 

User Clarification Part 35 74 FR 33901 

09/28/2012 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 

2011-2 Licenses, Certifications, and Approvals for Materials 

Licensees Parts 30, 36, 39, 40, 70, and 150 76 FR 56951 

11/14/2014 

2012-1 Change of Compatibility of 10 CFR 31.5 and 31.6 

(See RATS ID: 2001-1 for Rule text) 77 FR 3640 

01/25/2015 

2012-2 Advance Notification to Native American Tribes of 

Transportation of Certain Types of Nuclear Waste Part 71 77 FR 34194 

08/10/2015 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2012-3 Technical Corrections 

Part 30, 34, 40 and 70 77 FR 39899 

08/06/2015 

2012-4 Requirements for Distribution of Byproduct Material 

Parts 30, 31, 32, 40 and 70 77 FR 43666 

10/23/2015 

1 IMPEP Team: verify that Kentucky does not have any licensees subject to these regulations during each review. 2 R means proposed revision to a final rule