Subpart 380.1: General Provisions
(Statutory authority : Environmental Conservation Law, arts. 1, 3, 17, 19, 27, 29, 37)
- 380-1.1 Purpose.
- 380-1.2 Applicability.
- 380-1.3 Communications.
- 380-1.4 Severability.
- 380-1.5 Transition.
- 380-1.6 Documents incorporated by reference.
(a) The regulations in this Part establish standards for protection against ionizing radiation resulting from the disposal and discharge of radioactive material to the environment. These regulations are issued under Articles 1, 3, 17, 19, 27, and 29 of the Environmental Conservation Law.
(b) It is the purpose of the regulations in this Part to control the disposal and discharge of radioactive material to the environment in such a manner that the total dose to an individual member of the public (including doses resulting from licensed and unlicensed radioactive material and from radiation sources other than background radiation) does not exceed the standards for protection against radiation prescribed in Subpart 380-5 of this Part. However, nothing in this Part shall be construed as limiting actions that may be necessary to protect public health and safety or the environment.
(a) Except as otherwise specifically provided, this Part applies to any person who disposes of or discharges licensed material within the State, or whose loss of control of licensed material may result in the disposal or discharge of such material within the State.
(b) This Part applies to the disposal of radioactive tailings or wastes produced by the extraction or concentration of uranium or thorium for any ore processed primarily for its source material content, where such tailings or wastes are not regulated by the US Nuclear Regulatory Commission.
(c) This Part does not apply to the protection of radiation workers, and the limits in this Part do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, or to voluntary participation in medical research programs.
(d) This Part does not apply to radioactive material whose receipt, possession, use, transfer, and disposal is exempt from or not subject to general or specific licensing and regulatory control pursuant to regulations of the New York State Department of Labor, New York State Department of Health, New York City Department of Health, U.S. Nuclear Regulatory Commission, or licensing agency of an agreement state.
(e) This Part does not apply to NORM or materials containing NORM unless processed and concentrated.
(f) This Part does not apply to any person to the extent that such person is subject to regulation by the U.S. Nuclear Regulatory Commission or the U.S. Department of Energy.
(g) This Part does not apply to the following categories of U.S. Department of Energy or U.S. Nuclear Regulatory Commission contractor or subcontractor to the extent that such contractor or subcontractor receives, possesses, uses, transfers, or acquires sources of radiation under contract:
(1) prime contractors performing work for the U.S. Department of Energy at U.S. Government-owned or -controlled sites, including transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation;
(2) prime contractors of the U.S. Department of Energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof;
(3) prime contractors of the U.S. Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel; and
(4) any other prime contractor or subcontractor of the U.S. Department of Energy or of the U.S. Nuclear Regulatory Commission when the State and the U.S. Nuclear Regulatory Commission jointly determine:
(i) that the exemption of the prime contractor or subcontractor is authorized by law; and
(ii) that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to public health and safety or the environment.
Unless otherwise specified, communications or reports concerning the regulations in this Part should be addressed to the New York State Department of Environmental Conservation, Bureau of Radiation, Division of Hazardous Substances Regulation, 50 Wolf Road, Albany, New York 12233-7255.
If any provision in this Part or its application or circumstances is held invalid, the remainder of this Part and the application of those provisions to persons or circumstances, other than those to which it is held invalid, will not be affected thereby.
The following constitute the transition rules for this Part.
(a) Existing permits.
(1) This section applies to permitees having a permit in effect on the day before the effective date of this Part.
(2) Each permit is hereby continued until the expiration date of the permit. The permittee must comply with the conditions of the permit, except as they may be modified by the Department pursuant to Part 621 of this Title, until the permit expires, is terminated, or is modified pursuant to Part 621 of this Title.
(3) The permittee must comply with all provisions of this Part beginning on the effective date of this Part, except for the provisions in Subpart 380-7 of this Part. The permittee must comply with Subpart 380-7 of this Part beginning on the effective date of the permit renewal, modification of the permit at the permittee's request, or modification of the permit by the Department pursuant to section 621.13 of this Title to require compliance with Subpart 380-7 of this Part. Permittees may elect to comply with Subpart 380-7 in advance of those dates by requesting a modification of their permit.
(b) Existing facilities currently in violation.
A facility constructed or operated in violation of the regulations in effect on the day before the effective date of this Part is subject to the requirements of this Part as of its effective date. Each enforcement action pending on the day before the effective date of this Part is hereby continued, and the standards for compliance shall be those contained in this Part.
§380-1.6 Documents incorporated by reference.
The following documents, referenced in this Part, are available for review and at the department's offices at 50 Wolf Road, Albany, New York 12233:
(1) Section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021), 1982.
(2) Title 10 Code of Federal Regulations (CFR) Part 20, dated June 1991.
(3) Title 40 Code of Federal Regulations (CFR) Part 190, dated July, 1990.
(4) New York City Health Code Article 175 - Radiation Control, 1986.
(b) Availability of documents.
(1) Documents (1), (2), and (3) can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.
(2) Document (4) can be obtained from the New York City Department of Health, Bureau for Radiation Control, 111 Livingston Street, 20th Floor, Brooklyn, New York, 11201.