reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-181u - Registration of sealed source information

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each manufacturer or initial distributor
			 of a sealed source or device containing a sealed source shall submit a request
			 for a certificate of registration and shall complete an evaluation of radiation
			 safety information about each manufacturer's or initial distributor's sealed
			 source or device containing a sealed source.
(b) Each request for a certificate of
			 registration of a sealed source or device containing a sealed source shall be
			 submitted to the department and shall include information about the design,
			 manufacture, prototype testing, quality control program, labeling, proposed
			 uses, and leak testing.
Each request for a certificate of registration of a device
				containing a sealed source shall also include information about installation,
				service and maintenance, operating and safety instructions, potential health
				hazards, and minimization of danger to life and property.
(c) Each sealed source or device containing a
			 sealed source shall be designed according to accepted industry standards or
			 otherwise designed according to standards and criteria proposed by the
			 manufacturer or distributor and accepted by the department.
(d) Each person submitting a request for
			 review of safety information about the sealed source or device containing a
			 sealed source shall manufacture and distribute the sealed source or device
			 containing a sealed source in accordance with the following:
(1) The statements and representations,
			 including quality control program, contained in the request for review;
			 and
(2) the provisions of the
			 certificate of registration.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-181v - Inactivation of certificates of registration for sealed sources and devices

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a)
(1) Each holder of a certificate of
			 registration that no longer manufactures or initially transfers any sealed
			 source or device covered by a certificate of registration issued by the
			 department shall request inactivation of the certificate of registration. Each
			 request shall be submitted to the department not later than two years after
			 initial transfer of the sealed source or sealed sources or the device or
			 devices covered by the certificate of registration.
(2) If a person issued a certificate of
			 registration determines that the last initial transfer was made more than two
			 years ago, that person shall request inactivation of the certificate of
			 registration within 90 days of this determination and shall briefly describe
			 the circumstances of the delay in the request to the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-182a - Specific licenses of broad scope; types of specific licenses

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A "type A
			 specific license of broad scope" is a specific license which is issued to a
			 person who meets the requirements of K.A.R. 28-35-182b and which authorizes
			 that person to acquire, own, possess, use and transfer radioactive material in
			 a quantity not exceeding the quantity specified in the license.
(b)
(1) A
			 "type B specific license of broad scope" is a specific license issued to a
			 person who meets the requirements of K.A.R. 28-35-182c and which authorizes
			 that person to acquire, own, possess, use and transfer a specified amount of
			 one or more of the radionuclides listed in K.A.R. 28-35-200a.
(2) If only one radionuclide is acquired,
			 owned, possessed, used and transferred, the quantity allowed under a type B
			 specific license of broad scope shall be the quantity specified in column I of
			 K.A.R. 28-35-200a.
(3) If two or
			 more radionuclides are acquired, owned, possessed, used and transferred, the
			 quantity of all the radionuclides allowed shall be determined as follows:
(A) Determine the ratio of the quantity of
			 each radionuclide to the quantity of that radionuclide specified in column I of
			 K.A.R. 28-35-200a.
(B) Add the
			 ratios.
(C) The sum of those
			 ratios shall not exceed unity.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-182b - Qualifications for a type A specific license of broad scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
A type A specific license of broad scope shall be issued only
				to an applicant who:
(a) has
			 previously engaged in activities involving the use of radioactive materials.
			 The applicant shall submit a summary of the previous activities that involved
			 the use of radioactive materials; and
(b) has established administrative controls
			 and provisions relating to organization and management, procedures,
			 record-keeping, material control and accounting, and management review to
			 assure safe operations. These controls shall include:
(1) The establishment of a radiation safety
			 committee composed of a radiation safety officer, a representative of
			 management, and persons trained and experienced in the safe use of radioactive
			 material;
(2) the appointment of a
			 radiation safety officer who is qualified by training and experience in
			 radiation protection, and who is available for advice and assistance on
			 radiation safety matters; and
(3)
			 the establishment of appropriate administrative procedures. These procedures
			 shall assure that:
(A) the procurement and
			 use of radioactive material is controlled;
(B) safety evaluations of proposed uses of
			 radioactive material are completed. These evaluations shall take into
			 consideration the adequacy of facilities and equipment, training and experience
			 of the user, and proper operating or handling procedures; and
(C) prior to the use of the radioactive
			 material, the safety evaluation of proposed uses, prepared in accordance with
			 paragraph (3)(B) of this subsection, is reviewed, approved and recorded by the
			 radiation safety committee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-182c - Qualifications for a type B specific license of broad scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
A type B specific license of broad scope shall be issued only
				to an applicant who has established controls and provisions relating to
				organization and management, procedures, recordkeeping, material control and
				accounting, and management review that are sufficient to ensure safe operation.
				These controls and provisions shall include the following:
(a) The appointment of a radiation safety
			 officer who is qualified by training and experience in radiation protection and
			 who is available for advice and assistance on radiation safety matters; and
(b) the establishment of
			 appropriate administrative procedures. These procedures shall ensure that all
			 of the following conditions are met:
(1) The
			 procurement and use of radioactive material are controlled.
(2) Safety evaluations of proposed uses of
			 radioactive material are completed. These evaluations shall take into
			 consideration the adequacy of facilities and equipment, training and experience
			 of the user, and proper operating or handling procedures.
(3) Before use of the radioactive material,
			 the safety evaluation of proposed uses, prepared in accordance with paragraph
			 (b)(2), is reviewed, approved, and recorded by the radiation safety officer.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-182d - Qualifications for a type C specific license of broad scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
A type C specific license of broad scope shall be issued only
				to an applicant who:
(a) submits a
			 statement that radioactive material will only be used by, or under the direct
			 supervision of, an individual or individuals who have:
(1) at least a bachelor's degree or
			 equivalent training and experience in a physical or biological science or in
			 engineering; and
(2) at least 40
			 hours of training and experience in the safe handling of radioactive materials,
			 and in the characteristics of ionizing radiation, units of radiation dose and
			 quantities, radiation detection instrumentation, and biological hazards of
			 exposure to radiation. Such training and experience shall be appropriate to the
			 type and forms of radioactive material to be used; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-182e - Restrictions on specific licenses of broad scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person who
			 has been issued any type of specific license of broad scope shall not:
(1) Conduct tracer studies in the environment
			 involving direct release of radioactive material;
(2) receive, acquire, own, possess, use, or
			 transfer devices containing 100,000 curies or more of radioactive material as
			 sealed sources used for irradiation of materials;
(3) conduct activities for which a particular
			 specific license is required; or
(4) add, or cause the addition of,
			 radioactive material to any food, beverage, cosmetic, drug, or other product
			 designed for ingestion or inhalation by, or application to, a human being.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-183a - Conditions imposed upon any specific license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Upon
			 determining that an application meets the requirements of the act and these
			 regulations, the secretary shall issue a specific license authorizing the
			 activity proposed by the applicant and may impose any limitations or conditions
			 to the specific license as the secretary deems appropriate or necessary.
(b) The secretary may incorporate
			 in any license, at the time of its issuance or thereafter, any requirements and
			 conditions with respect to the licensee's receipt, possession, use, or transfer
			 of radioactive material as the secretary deems appropriate or necessary in
			 order to:
(1) Protect health or to minimize
			 danger to life and property;
(2)
			 assure the proper reporting, record-keeping and inspection of activities by the
			 licensee; and
(3) prevent loss or
			 theft of material subject to these regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-184a - Specific conditions on all licenses

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) No license and no right under any license
			 shall be assigned or otherwise transferred except as authorized under the act
			 or these regulations and approved by the secretary in writing. Each request to
			 assign or transfer a license shall include the following:
(1) The name and the technical and financial
			 qualifications of the proposed transferee; and
(2) the financial assurance for
			 decommissioning information required by
			 K.A.R.
			 28-35-180b.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-184b - Reporting requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Immediate
			 report. Each licensee shall notify the department as soon as possible but not
			 later than four hours after the discovery of any of the following types of
			 events:
(1) An event that prevents immediate
			 protective actions necessary to avoid exposures to radiation or radioactive
			 materials that could exceed regulatory limits; or
(2) an event involving a release of licensed
			 material that could exceed regulatory limits.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-185a - Expiration of licenses

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 provided in K.A.R. 28-35-186a(b), each specific license shall expire at end of
			 the day, in the month and year stated on the license.
(b) With respect to the possession of
			 radioactive material and residual radioactive contamination, each specific
			 license shall continue in effect beyond the expiration date until the
			 department has notified the licensee, in writing, that the license is
			 terminated, even if any of the following occurs:
(1) The licensee decides not to renew the
			 license.
(2) No application for
			 license renewal is submitted.
(3)
			 An application for renewal is denied.
(4) The department modifies or suspends a
			 license.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-186a - Renewal of licenses

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each
			 application for the renewal of a specific license shall be filed in accordance
			 with K.A.R 28-35-179a.
(b) When a
			 licensee, not less than 30 days prior to the expiration of the licensee's
			 existing license, has filed an application in proper form for renewal of the
			 existing license, the existing license shall not expire until final action on
			 the application has been made by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-187a - Amendment of licenses at request of licensee

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each application for the amendment of an existing license shall
				be filed in accordance with
				K.A.R.
				28-35-179a and shall specify the respects in
				which the licensee desires the license to be amended and the grounds for the
				amendment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-188a - Department action on application to renew or amend

Current through Register Vol. 43, No. 28, July 11,
			 2024
In considering whether to grant or deny an application to renew
				an existing license, the secretary shall apply the criteria which are applied
				to determine whether an initial license should be granted or denied.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-189a - Advance notification of transport of nuclear waste

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Prior to the
			 transport of any nuclear waste outside the confines of the licensee's facility
			 or any other place of use or storage, or prior to the delivery of any nuclear
			 waste to a carrier for transport, each licensee shall provide advance
			 notification of such transport to the governor, or the governor's designee, of
			 each state through which the waste will be transported. For the purpose of this
			 regulation, "nuclear waste" means any large quantity of source, by-product, or
			 special nuclear material required to be in type B packaging while transported
			 to, through, or across state boundaries to a disposal site, or to a collection
			 point for transport to a disposal site.
(b) Each advance notification required by
			 this regulation shall contain the following information:
(1) the name, address, and telephone number
			 of the shipper, carrier and receiver of the shipment;
(2) a description of the nuclear waste
			 contained in the shipment as required by regulation of the U.S. department of
			 transportation 49 CFR
			 172.202 and
			 172.203(d), as in
			 effect July 1, 1984;
(3) the point
			 of origin of the shipment and the seven day period during which departure of
			 the shipment is estimated to occur;
(4) the seven day period during which arrival
			 of the shipment at state boundaries is estimated to occur;
(5) the destination of the shipment, and the
			 seven day period during which arrival of the shipment is estimated to occur;
			 and
(6) a point of contact with a
			 telephone number for current shipment information.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-190a - Transfer of material

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A licensee
			 shall not transfer radioactive material except as authorized in this
			 regulation.
(b) Any licensee may
			 transfer radioactive material, subject to the acceptance of the transferee:
(1) To the department;
(2) to the United States nuclear regulatory
			 commission or its successor;
(3)
			 to any person exempt from these regulations under K.A.R. 28-35-192a,
			 28-35-192b, 28-35-192c, 28-35-192d, 28-35-192e, 28-35-192f and 28-35-192g, as
			 permitted under those regulations;
(4) to any person authorized to receive the
			 material under an appropriate general or specific license issued by the
			 secretary, the United States nuclear regulatory commission or an agreement
			 state, or to any person otherwise authorized to receive the material by the
			 federal government or any agency thereof, the secretary or an agreement state;
			 or
(5) as otherwise authorized in
			 writing by the secretary; or
(6)
			 to the U.S. department of energy.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-191a - Modification, revocation, and termination of licenses

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any license may
			 be suspended or revoked by reason of amendment to the act or these regulations
			 or by an order of the secretary.
(b) Any license may be revoked, suspended, or
			 modified, in whole or in part:
(1) For any
			 material false statement in the application or any statement of fact required
			 under provision of the act or these regulations;
(2) because of any condition, revealed by the
			 application, or any statement of fact, or any report, record, or inspection or
			 other means, which would warrant the denial of an original application; or
(3) for violation of, or failure
			 to observe, any of the terms and conditions of the license, or any requirement
			 of the act, or any rule and regulation or order of the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-192a - Exemptions; source material

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Each person who only acquires, possesses, uses, or transfers source material in
			 any chemical mixture, compound, solution, or alloy in which the source
			 material, by weight, is less than 0.05 percent of the mixture, compound,
			 solution, or alloy shall be exempt from these regulations.
(b) Each person who only acquires, possesses,
			 uses, or transfers unrefined and unprocessed ore containing source material and
			 does not refine or process the ore shall be exempt from these
			 regulations.
(c) Each person who
			 only acquires, possesses, uses, or transfers any of the following shall be
			 exempt from the requirements for a license in part 3 of these regulations and
			 the requirements of parts 4 and 10 of these regulations:
(1) Any quantities of thorium contained in
			 any of the following:
(A) Incandescent gas
			 mantles;
(B) vacuum
			 tubes;
(C) welding rods;
(D) electric lamps for illuminating purposes,
			 if each lamp does not contain more than 50 milligrams of thorium;
(E) germicidal lamps, sunlamps, and lamps for
			 outdoor or industrial lighting, if each lamp does not contain more than two
			 grams of thorium;
(F) rare earth
			 metals and compounds, mixtures, and products containing not more than 0.25
			 percent thorium or uranium, or both, by weight; or
(G) personnel neutron dosimeters, if each
			 dosimeter does not contain more than 50 milligrams of thorium;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-192b - Exemptions; exempt concentrations of radioactive materials

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 provided in K.A.R. 28-35-184a(e), a person shall be exempt from these
			 regulations to the extent that the person acquires, possesses, uses, transfers,
			 or owns products or materials containing radioactive material in concentrations
			 not exceeding those specified in K.A.R. 28-35-198a.
(b) A person shall be exempt from these
			 regulations to the extent that the person acquires, possesses, uses, or
			 transfers products containing naturally occurring radio-nuclides of elements
			 with an atomic number less than 82, in isotopic concentrations not in excess of
			 those that occur naturally.
(c)
			 This regulation shall not be deemed to authorize the import of radioactive
			 material or products containing radioactive material.
(d) A person who manufactures, processes, or
			 produces a product or material shall be exempt from the requirements for a
			 license as set forth in these regulations to the extent that the transfer of
			 the radioactive material contained in the product or material is in
			 concentrations not in excess of the amounts specified in K.A.R. 28-35-198a and
			 is introduced into the product or material by a licensee holding a specific
			 license issued by the department expressly authorizing such introduction. This
			 exemption shall not apply to the transfer of radioactive material contained in
			 any food, beverage, cosmetic, drug, or other commodity or product designed for
			 ingestion or inhalation by, or application to, a human being.
(e) No person shall introduce radioactive
			 material into a product or material knowing, or having reason to believe, that
			 the product or material will be transferred to a person exempt from these
			 regulations under subsection (a) or under an equivalent regulation of the
			 nuclear regulatory commission or an agreement state, except in accordance with
			 a specific license issued under K.A.R. 28-35-181e or the general license issued
			 in K.A.R. 28-35-194a.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-192c - Exceptions; other radioactive material

Current through Register
			 Vol. 43, No. 28, July 11, 2024
Except for persons who apply tritium, promethium-147, or radium
				to, or persons who incorporate tritium, promethium-147, or radium into, the
				products listed in this regulation, each person who only acquires, possesses,
				uses, or transfers any of the following products shall be exempt from these
				regulations:
(a) Timepieces or hands
			 or dials containing radium, or timepieces, hands, or dials containing not more
			 than the following specified quantities of other radioactive materials:
(1) 25 millicuries of tritium per
			 timepiece;
(2) 5 millicuries of
			 tritium per hand;
(3) 15
			 millicuries of tritium per dial. Bezels, when used, shall be considered as part
			 of the dial;
(4) 100 microcuries of
			 promethium-147 per watch or 200 microcuries of promethium-147 per any other
			 timepiece;
(5) 20 microcuries of
			 promethium-147 per watch hand or 40 microcuries of promethium-147 per hand on
			 other timepieces;
(6) 60
			 microcuries of promethium-147 per watch dial or 120 microcuries of
			 promethium-147 per dial on other timepieces. Bezels, when used, shall be
			 considered as part of the dial. The levels of radiation from hands and dials
			 containing promethium-147 shall not exceed the following, when measured through
			 50 milligrams per square centimeter of absorber:
(A) For wrist watches, 0.1 millirad per hour
			 at 10 centimeters from any surface;
(B) for pocket watches, 0.1 millirad per hour
			 at one centimeter from any surface; and
(C) for any other timepiece, 0.2 millirad per
			 hour at 10 centimeters from any surface; and
(7) for intact timepieces manufactured before
			 November 30, 2007, 0.037 megabecquerel (1) microcurie) of radium-226 per
			 timepiece;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-192e - Exemptions; gas and aerosol detectors containing radioactive material

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except for
			 persons that manufacture, process, or produce gas and aerosol detectors
			 containing radioactive material or initially transfer these products for sale
			 or distribution, each person that acquires, receives, owns, possesses, uses, or
			 transfers radioactive material in gas and aerosol detectors designated to
			 protect life or property from fires and airborne hazards shall be exempt from
			 the requirements for a license issued under K.A.R. 28-35-175a, except for the
			 requirements of K.A.R. 28-35-700. Each detector shall have been manufactured,
			 processed, produced, or initially transferred in accordance with a specific
			 license issued by the secretary pursuant to K.A.R. 28-35-181q or a license
			 issued by the nuclear regulatory commission or by an agreement state pursuant
			 to an equivalent regulation of the nuclear regulatory commission or the
			 agreement state.
(b) Gas and
			 aerosol detectors previously manufactured and distributed before November 30,
			 2007 to general licensees in accordance with a specific license issued by an
			 agreement state shall be exempt from the requirements of subsection
			 (a).
(c) Each person that wants to
			 manufacture, process, or produce gas and aerosol detectors containing
			 radioactive material, or to initially transfer these products for use pursuant
			 to this regulation, shall apply for a license pursuant to K.A.R. 28-35-181q and
			 a certificate of registration required by K.A.R. 28-35-181u.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-192f - Exemptions; self-luminous products containing tritium, krypton-85 or promethium-147

Current through Register Vol. 43, No.
			 28, July 11, 2024
(a)
			 Each person that wants to manufacture, process, produce, or initially transfer
			 for sale or distribution self-luminous products containing tritium, krypton-85,
			 or promethium-147 for use as specified in this subsection shall apply for the
			 license required by K.A.R. 28-35-175a and the registration required by K.A.R.
			 28-35-181u.
(b) Each person not
			 subject to subsection (a) that acquires, possesses, uses, or transfers tritium,
			 krypton-85, or promethium-147 in self-luminous products manufactured,
			 processed, produced, imported, or transferred in accordance with a specific
			 license issued by the nuclear regulatory commission pursuant to
			 10 C.F.R.
			 32.22 shall be exempt from the requirements
			 of this regulation.
(c) The
			 exemption in subsection (b) shall not apply to tritium, krypton-85, or
			 promethium-147 in toys, adornments, or similar items.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-192g - Exemptions; exempt quantities

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Except as provided in subsections (c)
			 through (e), each person who acquires, possesses, uses, owns, receives, or
			 transfers radioactive material in individual quantities that do not exceed the
			 applicable quantity specified in K.A.R. 28-35-197b shall be exempt from these
			 regulations.
(b) Each person who
			 possesses radioactive material received or acquired before January 1, 1972
			 under the general license then provided in
			 K.A.R.
			 28-35-178a shall be exempt from these
			 regulations to the extent that the person possesses, uses, owns, or transfers
			 that radioactive material. This exemption shall not apply to
			 radium-226.
(c) This regulation
			 shall not authorize the production, packaging, repackaging, or transfer of
			 radioactive material for purposes of commercial distribution, or the
			 incorporation of radioactive material into products intended for commercial
			 distribution.
(d) No person shall,
			 for purposes of commercial distribution, transfer radioactive material in the
			 individual quantities specified in K.A.R. 28-35-197b knowing, or having reason
			 to believe, that those quantities of radioactive material will be transferred
			 to a person exempt under this regulation or an equivalent regulation of the
			 nuclear regulatory commission (NRC) or an agreement state, except in accordance
			 with a specific license issued by the secretary under
			 K.A.R.
			 28-35-181r, an equivalent regulation of the
			 NRC, or an equivalent regulation of an agreement state.
(e) No person shall, for purposes of
			 producing an increased radiation level, combine quantities of radioactive
			 material covered by this exemption so that the aggregate quantity exceeds the
			 individual quantities specified in K.A.R. 28-35-197b.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-192h - Certain industrial devices

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Except as specified in subsections (b)
			 and (c), each person that receives, possesses, uses, transfers, owns, or
			 acquires any industrial device containing by-product material designed and
			 manufactured for either of the following purposes shall be exempt from these
			 regulations, except for the requirements of K.A.R. 28-35-700:
(1) Detecting, measuring, gauging, or
			 controlling thickness, density, level, interface location, radiation, leakage,
			 or qualitative or quantitative chemical composition; or
(2) producing an ionized atmosphere if the
			 industrial device is manufactured, processed, produced, or initially
			 transferred in accordance with a specific license issued pursuant to
			 10 C.F.R.
			 32.30 by the nuclear regulatory
			 commission.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-193a - Pre-licensing inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
The department may request verification of information provided
				in any application or request additional information that is necessary to make
				a determination as to whether a license should be granted or denied and whether
				any special conditions should be attached to the license. This information may
				be obtained by visiting the facility or location where radioactive materials
				would be possessed or used, and by discussing details of proposed possession or
				use of the radioactive material with the applicant or the applicant's
				designated representatives.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-194a - Reciprocal recognition of licenses

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Subject to other provisions in this
			 regulation, any person may apply for a general license to conduct activities
			 within this state without obtaining a specific license from the secretary, if
			 all of the following conditions are met:
(1)
			 The person possesses a specific license issued by the nuclear regulatory
			 commission or an agreement state, other than this state, that authorizes the
			 proposed activities.
(2) The person
			 does not conduct any activities authorized by any general license issued under
			 this regulation for a period totalling more than 180 days in a calendar
			 year.
(3) The specific license does
			 not limit the activity authorized to a specified installation or
			 location.
(4) The person notifies
			 the department in writing at least five days before engaging in the activity.
			 The notification shall indicate the location, period, and type of proposed
			 possession and use within the state and shall be accompanied by a copy of the
			 specific license. If, for a specific case, the five-day period would impose an
			 undue hardship, the person may, upon application to the department, obtain
			 permission by letter, facsimile, or electronic communication to
			 proceed.
(5) The person complies
			 with all applicable regulations of the secretary and with all the terms and
			 conditions of the specific license, except any term or condition of the license
			 that is inconsistent with these regulations.
(6) The person supplies any information
			 requested by the department.
(7)
			 The person does not transfer or dispose of radioactive material possessed or
			 used under the general license provided in this regulation except by transfer
			 to a person who meets either of the following conditions:
(A) Is specifically licensed by the
			 department or the nuclear regulatory commission to receive the material;
			 or
(B) is exempt from the
			 requirements for a license for that material under K.A.R. 28-35-192a,
			 28-35-192b, 28-35-192c, 28-35-192d, 28-35-192e, 28-35-192f, or
			 28-35-192g.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-195a - Intrastate transportation of radioactive materials

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Each common or contract carrier shall be
			 deemed to have been issued a general license to transport and store radioactive
			 material in the regular course of its carriage for another, if the
			 transportation and storage are performed in accordance with the regulations of
			 the U.S. department of transportation and incorporated sections of 10 C.F.R.
			 part 71 relating to the loading and storage of packages, shipping papers,
			 placarding of a transporting vehicle, and incident reporting. Each person that
			 transports and stores radioactive material pursuant to the general license
			 specified in this subsection shall be exempt from the requirements of parts 4
			 and 10 of these regulations.
(b)
			 Each private carrier shall be deemed to have been issued a general license to
			 transport radioactive material, if the transportation is performed in
			 accordance with the regulations of the U.S. department of transportation and
			 incorporated sections of 10 C.F.R. part 71 relating to the loading and storage
			 of packages, shipping papers, placarding of a transporting vehicle, and
			 incident reporting. Each person that transports radioactive material under the
			 general license issued in this subsection shall be exempt from the requirements
			 of parts 4 and 10 of these regulations.
(c) Each physician shall be exempt from the
			 requirements of subsection (b) to the extent that the physician transports
			 radioactive material for use in the practice of medicine.
(d) Each person deemed to have been issued a
			 general license required by this regulation shall comply with part 15 of these
			 regulations. (Authorized by and implementing
			 K.S.A.
			 48-1607; effective, T-86-37, Dec. 11, 1985;
			 effective May 1, 1986; amended Dec. 30, 2005; amended April 1, 2022.)
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-196a - Preparation of radioactive material for transport

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) A licensee shall not deliver any
			 radioactive material to a carrier for transport or transport radioactive
			 material as a private carrier, unless all of the following conditions are met:
(1) The licensee has complied with the
			 applicable requirements of the regulations of the U.S. department of
			 transportation and incorporated sections of 10 C.F.R. part 71 that are
			 applicable to the mode of transport and that are related to the packing of
			 radioactive material and to the monitoring, marking, and labeling of packages
			 containing radioactive material, including the exemptions specified in 10
			 C.F.R. part 71 subpart B.
(2) The
			 licensee has established procedures for opening and closing packages in which
			 radioactive material is transported to provide safety and to ensure that,
			 before the delivery to a carrier for transport, each package is properly closed
			 for transport.
(3) The licensee has
			 ensured that any special instructions needed to safely open a package are sent
			 to, or are available to, the consignee before delivery of the package to a
			 carrier for transport.
(4) The
			 licensee has ascertained, before the first use of any packaging for the
			 shipment of licensed radioactive material, that the determinations specified in
			 10 C.F.R.
			 71.85(a) through (c) have
			 been made.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-196b - Transportation of radioactive material

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No person shall
			 deliver radioactive material to a carrier for transport or transport
			 radioactive material except as authorized in a general or specific license
			 issued by the department unless:
(1) That
			 person's activities are exempted from licensure by Section 28-35-140(b) of
			 these regulations;
(2) each of the
			 packages delivered to a carrier for transport or transported contains
			 radioactive materials bearing a specific activity of less than, or equal to,
			 0.002 microcurie (74 Bq) per gram; or
(3) the packages delivered to a carrier for
			 transport are subject to the regulations of the U.S. Postal Service.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-197b - Schedule B; exempt quantities of radioactive material

Current
			 through Register Vol. 43, No. 28, July 11, 2024
The provisions of
				10
				C.F.R. 30.71, as in effect on November 30,
				2007, are hereby adopted by reference, except that the word "by product" shall
				be replaced with "radioactive."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-198a - Schedule C; Exempt con centrations

Current through Register Vol. 43, No. 28, July 11,
			 2024
For Table see Agency.
NOTE 1: Many radioisotopes disintegrate into isotopes which are
				also radioactive. In expressing the concentrations in 28-35-198a, Schedule C,
				the activity state is that of the parent isotope and takes into account the
				daughters.
NOTE 2: For purposes of 28-35-192b, when a combination of
				isotopes is involved, the limit for the combination shall be derived as
				follows: Determine for each isotope in the product the ratio between the
				concentration present in the product and the exempt concentration established
				in 28-35-198a, Schedule C, for the specific isotope when not in combination.
				The sum of those ratios may not exceed "1" (i.e., unity).
1 Values are given only for those materials normally used as
				gases.
2 uCi/gm for solids.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-203 - Schedule G; Criteria relating to use of financial tests and parent company guarantees for providing reasonable assurance of funds for decommissioning

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 or licensee providing assurance of the availability of funds for
			 decommissioning based on a parent company guarantee that funds will be
			 available for decommissioning costs based on a demonstration that the parent
			 company passes a financial test shall meet the following standards:
(b) Each licensee or applicant applying to
			 the department for recognition of a parent company guarantee for the purposes
			 of complying with the requirements of K.A.R. 28-35-180b shall be required to
			 show that the parent company guarantee meets the following criteria:
(1) Each parent company shall meet two of the
			 following three ratios:
(A) A ratio of total
			 liabilities to net worth that is less than 2.0;
(B) a ratio of the sum of net income plus
			 depreciation, depletion, and amortization to total liabilities that is greater
			 than 0.1; or
(C) a ratio of
			 current assets to current liabilities that is greater than 1.5.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-204 - Decommissioning plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each licensee
			 shall submit a decommissioning plan if at least one of the following conditions
			 is met:
(1) The licensee intends to terminate
			 the license using radiological criteria specified in K.A.R. 28-35-205a or
			 K.A.R. 28-35-205b.
(2) A
			 decommissioning plan is otherwise required by these regulations.
(3) A decommissioning plan is required by a
			 license condition.
(4) The
			 procedures and activities necessary to carry out decommissioning of the site or
			 separate building or outdoor area have not been previously approved by the
			 department, and these procedures could increase the potential health and safety
			 impact on workers or on the public, including any of the following types of
			 procedures:
(A) Procedures that would involve
			 techniques not applied routinely during cleanup or maintenance operations;
(B) procedures permitting workers
			 to enter areas not normally occupied where surface contamination and radiation
			 levels are higher than routinely encountered during the operation for which the
			 license was issued;
(C) procedures
			 that could result in greater airborne concentrations of radioactive materials
			 than are present during operation;
(D) procedures that could result in greater
			 releases of radioactive material to the environment than those associated with
			 the operation for which the license was issued; or
(E) procedures with a potential health and
			 safety impact that could be carried out before approval of the decommissioning
			 plan.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-205 - Termination of a license without restriction

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A site shall be
			 considered acceptable for unrestricted use if both of the following conditions
			 are met:
(1) The residual radioactivity that
			 is distinguishable from background radiation results in a TEDE to an average
			 member of the critical group that does not exceed 0.25 millisievert or 25 mrem
			 per year, including the residual radioactivity from groundwater sources of
			 drinking water.
(2) The residual
			 radioactivity has been reduced to levels that are as low as reasonably
			 achievable (ALARA). Any detriment, including any deaths from transportation
			 accidents that could result from decontamination and waste disposal, shall be
			 taken into consideration by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-205a - License termination under restricted conditions

Current through Register Vol. 43, No. 28, July 11,
			 2024
A site may be considered by the secretary to be acceptable for
				license termination under restricted conditions if all of the following
				conditions are met:
(a)
(1) The licensee demonstrates that further
			 reductions in residual radioactivity necessary to comply with the provisions of
			 K.A.R. 28-35-205(a) would result in public or environmental harm or were not
			 being made because the residual levels associated with restricted conditions
			 are ALARA. The demonstration shall reflect the licensee's consideration of any
			 detriment that could result from decontamination and waste disposal; and
(2) the licensee has made
			 provisions for legally enforceable institutional controls that provide
			 reasonable assurance that the TEDE from residual radioactivity distinguishable
			 from background to the average member of the critical group will not exceed
			 0.25 millisievert or 25 mrem per year, including that from groundwater sources
			 of drinking water.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-205b - Alternate criteria for license termination

Current through
			 Register Vol. 43, No. 28, July 11, 2024
A license shall be terminated by the secretary using alternate
				criteria greater than the dose criteria specified in
				K.A.R.
				28-35-205a only if the licensee provides all
				of the following information:
(a)
			 Evidence that public health and safety and the environment would continue to be
			 protected and that it is unlikely that the dose from all man-made sources
			 combined, other than medical, could be more than the limit of one millisievert
			 per year or 100 mrem per year specified in part 4 of these regulations, by
			 submitting an analysis of the possible sources of exposure;
(b) restrictions, to the extent practical, on
			 site use according to the provisions of
			 K.A.R.
			 28-35-205a to minimize exposure at the
			 site;
(c) evidence that doses have
			 been reduced to ALARA levels, taking into consideration any detriment,
			 including any traffic accidents that could result from decontamination and
			 waste disposal;
(d) a
			 decommissioning plan indicating the licensee's intent to decommission in
			 accordance with this part and specifying that the licensee proposes to
			 decommission by the use of alternate criteria. The licensee shall document in
			 the decommissioning plan how the advice of individuals and institutions in the
			 community who might be affected by the decommissioning has been sought and
			 addressed, as appropriate, following analysis of that advice. In seeking this
			 advice, the licensee shall provide for the following:
(1) Participation by representatives of a
			 broad cross section of community interests who could be affected by the
			 decommissioning;
(2) an opportunity
			 for comprehensive, collective discussions of the issues by the participants
			 represented; and
(3) a publicly
			 available summary of the results of all the discussions specified in paragraph
			 (d)(2), including a description of the individual viewpoints of the
			 participants on the issues and the extent of agreement and disagreement on the
			 issues among the participants; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-206 - Applicability of decommissioning requirements following license termination

Current through Register Vol. 43, No. 28, July 11,
			 2024
If, after a site has been decommissioned and associated license
				has been terminated, new information shows that the requirements specified in
				these regulations were not met or that the residual radioactivity at the site
				could result in a significant threat to public health and safety and the
				environment, then the former licensee shall be required to perform any
				additional decontamination that is deemed necessary by the secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 35 - RADIATION › Section 28-35-211a - Persons to whom the standards apply

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 specifically provided in other parts of these regulations, these regulations
			 shall apply to persons licensed or registered by the department to receive,
			 possess, use, transfer, or dispose of sources of radiation. The limits in these
			 regulations shall not apply to:
(1) doses due
			 to background radiation;
(2)
			 exposure of patients to radiation for the purpose of medical diagnosis or
			 therapy; or
(3) voluntary
			 participation in medical research programs.