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Notice of Emergency Rulemaking

Pursuant to Environmental Conservation Law, Articles 1, 3, and 27, the Department of Environmental Conservation hereby gives notice of the following:

An Emergency Adoption was filed with Department of State and became effective on November 1, 2001 to amend 6 NYCRR Part 380 to regulate the disposal of the radioactive wastes generated by the extraction or concentration of uranium or thorium where such waste is not regulated by the U.S. Nuclear Regulatory Commission. This emergency rule was proposed for permanent adoption in the State Register on November 15, 2000. It allows for this rule to be in effect while it goes through the rulemaking process for permanent adoption.

The purpose of the rule is to control the disposal of wastes contaminated with the radioactive wastes from the extraction of uranium and thorium from ores. The rule requires that these radioactive wastes be disposed of at facilities authorized to accept radioactive waste, and will effectively exclude them from Part 360 and Part 373 landfills, unless a variance to Part 380 is requested and granted. Variances may be granted for slightly contaminated wastes, if the proposed disposal will have no significant adverse impact on the public health and safety or the environment.

This emergency rule will be effective for 60 days from date of filing with Department of State; until December 31, 2001.

For further information, contact:

Barbara Youngberg
Division of Solid & Hazardous Materials, 625 Broadway, 8th floor,
Albany, New York 12233-7255
Telephone: (518) 402-8579. E-mail: bayoungb@gw.dec.state.ny.us