Kansas Administrative Code

Requirements for license to initially transfer source material for use un- der the small quantities of source material general license. (a) Each person submitting an applicationforaspecificlicensetoinitiallytransfer source material for use in accordance with K.A.R. 28-35-177a, or…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Specific licenses of broad scope; types of specific licenses. (a) A “type A specific license of broad scope” is a specific li- cense which is issued to a person who meets the requirements of K.A.R. 28-35-182b and which au- thorizes that person to acquire, own, possess, use and tr…

Qualifications for a type A specific license of broad scope. A type A spe- cific license of broad scope shall be issued only to an applicant who: (a) has previously engaged in activities involv- ing the use of radioactive materials. The applicant shall submit a summary of the pre…

Qualifications for a type B specific license of broad scope. A type B spe- cific license of broad scope shall be issued only to an applicant who has established controls and pro- visions relating to organization and management, procedures, recordkeeping, material control and acco…

Qualifications for a type C specific license of broad scope. A type C spe- cific license of broad scope shall be issued only to an applicant who: (a) submits a statement that radioactive materi- al will only be used by, or under the direct super- vision of, an individual or indiv…

Restrictions on specific li- censes of broad scope. (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, o…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; re- voked May 1, 1986.)

Conditions imposed upon any specific license. (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 condit…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amended May 1, 1970; revoked, T-86-37, Dec. 11, 1985; re- voked May 1, 1986.)

Specific conditions on all licenses. (a) No license and no right under any license shall be assigned or otherwise transferred except as authorized under the act or these regu- lations and approved by the secretary in writing. Each request to assign or transfer a license shall inc…

Reporting requirements. (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 follow- ing types of events: (1) An event that prevents immediate protec- tive actions necessary to avoid ex…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Expiration of licenses. (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 speci…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Renewal of licenses. (a) Each application for the renewal of a specific li- cense 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 fo…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Amendment of licenses at request of licensee. 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. (A…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Department action on ap- plication to renew or amend. 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. (Authorized by …

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Advance notification of transport of nuclear waste. (a) Prior to the transportofanynuclearwasteoutsidetheconfines 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…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; re- voked May 1, 1986.)

Transfer of material. (a) A licensee shall not transfer radioactive material ex- cept as authorized in this regulation. (b) Any licensee may transfer radioactive mate- rial, subject to the acceptance of the transferee: (1) To the department; (2) to the United States nuclear regul…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Modification, revocation, and termination of licenses. (a) Any license maybesuspendedorrevokedbyreasonofamend- 800 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-35-192 ment to the act or these regulations or by an order of the secretary. (b) Any license may be revoked, suspended, or mo…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

(a) An application for a specific li- cense to manufacture, process, produce, import, package, repackage, or transfer quantities of ra- dioactive material other than source, byproduct, or special nuclear material for commercial distri- bution to persons exempt from these regulati…

Exemptions; exempt con- centrations of radioactive materials. (a) Ex- cept as provided in K.A.R. 28-35-184a(e), a per- son shall be exempt from these regulations to the extent that the person acquires, possesses, uses, transfers, or owns products or materials contain- ing radioac…

Exceptions; other radioac- tive material. Except for persons who apply tri- tium, promethium-147, or radium to, or persons who incorporate tritium, promethium-147, or ra- dium into, the products listed in this regulation, each person who only acquires, possesses, uses, or transfe…

(Authorized by and imple- menting K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; re- voked March 18, 2011.) 803 Radiation 28-35-192h

Exemptions; gas and aerosol detectors containing radioactive material. (a) Except for persons who manufacture, process, or produce gas and aerosol detectors containing ra- dioactive material or who initially transfer these products for sale or distribution, each person who acquir…

Exemptions; self-luminous products containing tritium, krypton-85 or promethium-147. (a) Except for persons who manufacture, process, or produce self-luminous products containing tritium, krypton-85, or promethium-147 and except as provided in sub- section, (b) any person shall b…

Exemptions; exempt quan- tities. (a) Except as provided in subsections (c) through (e), each person who acquires, possesses, uses, owns, receives, or transfers radioactive ma- terial in individual quantities that do not exceed the applicable quantity specified in K.A.R. 28-35- 19…

Certain industrial devices. (a) Except as specified in subsections (b) and (c), each person who receives, possesses, uses, trans- fers, owns, or acquires any industrial device con- 804 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-35-193 taining by-product material designed and manu- f…

(Authorized by K.S.A. 48-1607; effective Jan. 1, 1970; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Pre-licensing inspections. The department may request verification of in- formation 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 con- ditions sho…

(Authorized by and imple- menting K.S.A. 48-1607; effective Nov. 1, 1996; revoked Dec. 30, 2005.)

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Reciprocal recognition of li- censes. (a) Subject to other provisions in this reg- ulation, any person may apply for a general license to conduct activities within this state without ob- taining a specific license from the secretary, if all of the following conditions are met: (1…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Intrastate transportation of radioactive materials. (a) Each common or con- tract carrier shall be deemed to have been issued a general license to transport and store radioac- tive material in the regular course of its carriage for another, if the transportation and storage are p…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Preparation of radioactive material for transport. (a) A licensee shall not deliver any radioactive material to a carrier for transport, or transport radioactive material as a private carrier, unless: (1) The licensee complies with the applicable requirements of the regulations o…

Transportation of radioac- tive material. (a) No person shall deliver radio- 806 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-35-197 active material to a carrier for transport or trans- port radioactive material except as authorized in a general or specific license issued by the depar…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

(Authorized by and imple- menting K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986; re- voked May 4, 2018.)

Schedule B; exempt quan- tities of radioactive material. 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 “byproduct” shall be replaced with “radioactive.” (Authorized by and implementing K.S.A. 48-1607; e…

(Authorized by K.S.A. 1975 Supp. 48-1607; effective Jan. 1, 1970; amend- ed Jan. 1, 1972; amended May 1, 1976; revoked, T-86-37, Dec. 11, 1985; revoked May 1, 1986.)

Schedule C; Exempt con- centrations. Column I Column II Element (atomic number) Isotope Gas Concentration uCi/ml1 Liquid and Solid Concentration uCi/ml2 Antimony (51) Sb 122 3 × 10-4 Sb 124 2 × 10-4 Sb 125 1 × 10-3 Argon (18) Ar 37 1 × 10-3 Ar 41 4 × 10-7 Arsenic (33) As 73 5 × 1…