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ENB - Statewide Notices 5/15/2013

Public Notice

Notice of Availability of Final Revised Program Policy regarding Cleanup Guidelines for Soils Contaminated with Radioactive Materials [DER-38] and
Notice of Rescission of DSHM-RAD-05-01 [replaced by DER-38]

Notice is hereby given that the New York State Department of Environmental Conservation (DEC) has prepared a final revised Program Policy regarding cleanup guidelines to address soils contaminated with radioactive materials.

This Program Policy provides guidance to the New York State Department of Environmental Conservation (DEC) staff on cleanups for soils contaminated with radioactive materials. This was previously issued as DSHM-RAD-05-01, which is rescinded with the issuance of DER-38 and has the same title.

The technical content of this Policy has not been amended. The Policy is updated to incorporate a recent reorganization within DEC and is issued as a Division of Environmental Remediation (DER) Program Policy to reflect its relationship to DER, which currently implements the Radiation Program in DEC.

The purpose of this cleanup guideline is to provide: (1) protection of public health and the environment; and (2) consistent implementation of remedial actions at sites contaminated with radioactive materials.

The total effective dose equivalent to the maximally exposed individual of the general public, from radioactive material remaining at a site after cleanup, shall be as low as reasonably achievable and less than 10 millirem above that received from background levels of radiation in any one year. The radiation dose received from an exposure to soils contaminated by radionuclides will strongly depend on the time of exposure and pathways by which the radionuclides or their decay products can come in contact with an individual. For this reason, the estimated annual dose resulting from exposure to any residual radionuclides in the contaminated area is the basis for establishing site-specific cleanup criteria.

Pursuant to Environmental Conservation Law §3-0301(2)(z), this revised Program Policy (issued as DER-38) is effective on Friday, June 14, 2013.

The final revised Program Policy is available on DEC's website Radiation Program page [http://www.dec.ny.gov/chemical/296.html] or direct link to the Program Policy, DER-38 [http://www.dec.ny.gov/regulations/23472.html]. If you do not have internet access, please contact: Angela Chieco, Policy Coordinator, Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7012 or call (518) 402-9764.


The New York State Department of Environmental Conservation (NYSDEC), Division of Air Resources operates an ambient air monitoring network for various air contaminants within New York State. As required by federal regulations, NYSDEC prepares an annual monitoring network plan, which describes in detail the specifics of the monitoring network. This plan includes an annual review of the existing monitoring network to determine the adequacy of the network and to propose any network modifications. The proposed annual monitoring network plan must be available for public review for a 30 day period prior to submittal to EPA. This notice is intended to afford interested parties the opportunity to comment on the proposed plan.

NYSDEC has reviewed the current ambient air monitoring network and has determined that the only proposed change is the suspension of PM10 monitoring at PS 19.

The complete network plan document can be accessed from our website for viewing and download at http://www.dec.ny.gov/chemical/33276.html.

Written comments on this plan should be forwarded to the Department by June 14, 2013 and addressed to: NYSDEC, Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway - 11th Floor, Albany, NY 12233-3256, Attn: Mr. Larry Sitzman.

Contact: Larry Sitzman, NYSDEC - Division of Air Resources, Bureau of Air Quality Surveillance, 625 Broadway - 11th Floor, Albany, NY 12233-3256.


Notice of Public Meeting: New York Invasive Species Council Meeting #18 will be held on Thursday, May 23, 2013 at the New York State Department of Transportation, 50 Wolf Road, Albany, NY, at 10:00 AM to 2:00 PM. To help us plan for adequate space, please contact Susan Waters at slwaters@gw.dec.state.ny.us or call (518) 402-9148.


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