REGULATIONS AND STATUTES Kansas Radiation Control Program Unofficial Copy The regulations and statutes provided are for the convenience of the user but are not considered the official regulations. For more information on the official regulations, visit the Kansas Secretary of State website. For more information about official copies of statutes, visit the Kansas Legislature website. April 27, 2021 [email protected] Kansas Administrative Regulations Table of Contents Table of Contents Kansas Annotated Regulations ........................................... 2 Part 1. Definitions ............................................................... 2 Part 2. Radiation Producing Machines ............................. 67 Part 3. Licensing of Sources of Radiation ........................ 75 Part 4. Standards for Protection Against Radiation ........ 190 Part 5. Use of X-Rays in the Healing Arts ...................... 249 Part 6. Use of Sealed Radioactive Sources in the Healing Arts .............................................................................................. 291 Part 7. Special Requirements for Industrial Radiographic Operations ................................................................................... 294 Part 8. Radiation Safety Requirements for Analytical X- Ray Equipment............................................................................ 319 Part 9. Radiation Safety Requirements for Particle Accelerators ................................................................................ 323 Part 10. Notices, Instructions and Reports to Workers; Inspections .................................................................................. 328 Part 11. Wireline and Subsurface Tracer Studies ........... 335 Part 12. Licensure and Radiation Safety Requirements for Irradiators .................................................................................... 353 Part 13. Contingency Planning for Response to Radioactive Material Emergencies ................................................................. 355 Part 14. Therapeutic Radiation Machines ....................... 366 Part 15. Packaging and Transportation of Radioactive Material ....................................................................................... 367 Part 16. Radon ................................................................. 373 Part 17. Physical Protection of Radioactive Material Quantities of Concern ................................................................. 380 Kansas Statutes Annotated .............................................. 383 Article 16 – Nuclear Energy Development and Radiation Control. ....................................................................................... 383 Article 16a. – Radon Measurement and Mitigation. ....... 410 1 28-25-133 Radiation Control Program Kansas Annotated Regulations Part 1. Definitions 28-25-133. Persons protected. These regulations state the requirements that shall be applied in the use of all radiation, radiation machines, and radioactive materials to ensure the maximum protection of the public health and the maximum safety to all persons at, or in the vicinity of, the place of use, storage, or disposal of sources of radiation. These regulations are intended to be consistent with the best use of radiation machines and radioactive materials, and to encourage the constructive uses of radiation. (Authorized by and implementing K.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970; amended May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985.) 28-35-134. Persons regulated and exempted. Except as otherwise specified, these regulations shall apply to all persons who receive, possess, use, transfer, own or acquire any source of radiation. However, nothing in these regulations shall apply to any person to the extent that the person is subject to regulation by the United States nuclear regulatory commission. Regulation by the secretary of source material, by-product material, and special nuclear material in quantities not sufficient to form a critical mass is subject to the provisions of the agreement between the department and the U.S. nuclear regulatory commission and to part 150 of the commission's regulations (10 CFR Part 150), as in effect on January 29, 1982. The provisions of part 4 of these regulations shall not limit the exposure of patients to radiation for the purpose of diagnosis or therapy, by persons licensed to practice one or more of the healing arts within the authority granted to them by the Kansas healing arts statutes, or by persons licensed to practice dentistry or podiatry within the authority granted to them by Kansas licensing laws applying to dentists and podiatrists. (Authorized by and implementing K.S.A. 1984 Supp. 48-1607; effective Jan. 1, 1970; amended May 1, 1976; amended, T-85-43, Dec. 19, 1984; amended May 1, 1985.) 28-35-135. (Authorized by K.S.A. 1992 Supp. 48-1607; implementing K.S.A. 1993 Supp. 48-1603, 48-1607; effective Jan. 1, 1970; amended May 1, 1976; amended, T-85-43, Dec. 19, 1984; 2 Kansas Administrative Regulations 28-35-135a amended May 1, 1985; amended Sept. 20, 1993; amended Oct. 17, 1994; revoked Dec. 30, 2005.) 28-35-135a. Definitions. As used in these regulations, each of the following terms shall have the meaning specified in this regulation: (a) "A1" means the maximum activity of special form radioactive material permitted in a type A package. (b) "A2" means the maximum activity of radioactive material, other than special form radioactive material, permitted in a type A package. These values are listed in or may be derived as specified in 10 C.F.R. part 71, appendix A, which is adopted by reference in K.A.R. 28-35-221b [p.224]. (c) "Absorbed dose" means the energy imparted to matter by ionizing radiation per unit mass of irradiated material at the place of interest. The units of absorbed dose are the rad and the gray (Gy). (d) "Absorbed dose rate" means the absorbed dose per unit of time or, for linear accelerators, the dose monitor unit per unit of time. (e) "Accelerator-produced material" means any material made radioactive by exposing it in a particle accelerator. (f) "Accessible surface" means the surface of equipment or of an equipment part that can be easily or accidentally touched by persons without the use of a tool. (g) "Accident" means an unintended event, including an operating error, equipment failure, and other mishap, that could result in either of the following: (1) A dose in excess of regulatory limits on site or for the public; or (2) consequences or potential consequences that cannot be ignored from the point of view of protection or safety, including an actual or potential substantial degradation of the level of protection or safety of the facility or the release of radioactive material in sufficient quantity to warrant consideration of protective actions. (h) "Act" means the "nuclear energy development and radiation control act," K.S.A. 48-1601 et seq., and amendments thereto. (i) "Activity" means the rate of disintegration, transformation, or decay of radioactive material. Activity is 3 28-35-135a Radiation Control Program expressed in the SI unit of becquerel (Bq) or in the special unit of curie (Ci), or the multiples of either unit. (j) "Added filter" means the filter added to the inherent filtration. (k) "Address of use" means the building or buildings that are identified on the license and each location where radioactive material could be produced, prepared, received, used, or stored. (l) "Adult" means an individual who is 18 or more years of age. (m) (1)"Agreement state" means any state with which the nuclear regulatory commission (NRC) enters, or has entered, into an effective agreement pursuant to subsection 274b of the atomic energy act of 1954, 68 Stat. 919, as amended. (2) "Non-agreement state" means any other state. (n) "Airborne radioactive area" means the following: (1) Any room, enclosure, or operating area in which airborne radioactive material exists in concentrations in excess of the derived air concentrations (DAC) specified in "appendices to part 4: standards for protection against radiation," effective April 1994, published by the department and hereby adopted by reference; or (2) any room, enclosure, or operating area in which airborne radioactive material exists in concentrations such that an individual present in the area without respiratory protective equipment could exceed, during the hours an individual is present in a week, an intake of 0.6 percent of the ALI or 12 DAC-hours. (o) "Airborne radioactive material" means any radioactive material dispersed in the air in the form of dust, fumes, mists, vapors, or gases. (p) "Air kerma" means the kinetic energy released in air by ionizing radiation. Kerma is determined by dividing dE by dM, where dE is the sum of the initial kinetic energies of all the charged ionizing particles liberated by uncharged ionizing particles in air of mass dM. The SI unit of air kerma is joule per kilogram, and the special name for the unit of kerma is the gray (Gy). (q) "Alert" means a period during which one of the following could lead to a release of radioactive material that is not expected to require a response by off-site response organizations to protect persons off-site: (1) Conditions have arisen that could cause an event. (2) An event is in progress. 4 Kansas Administrative Regulations 28-35-135a (3) An event has occurred. (r) "Aluminum equivalent" means the thickness of type 1100 aluminum alloy that affords the same attenuation,