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Radioactive Materials - Proposed Rule Making

Proposed Amendments:

6 NYCRR Part 380 - Radiation Program

Prevention and Control of Environmental Pollution by Radioactive Materials

Public comment period has been extended. DEC will accept written comments through Wednesday, July 5, 2017.

The New York State Department of Environmental Conservation (DEC) filed a Notice of Proposed Rule Making with the State Department of State on March 17, 2017. DEC is proposing to amend 6 NYCRR Part 380 to incorporate eight federal rule changes that have occurred from 1991 through 2008, and to clarify and improve the existing regulation. The amendments would include:

  1. minor changes to several definitions;
  2. an expansion of criteria for the disposal of specific waste (the so-called biomedical exemption) to include biodegradable animal bedding;
  3. changes to requirements for reporting incidents;
  4. prohibiting the deliberate submission of inaccurate or incomplete information;
  5. adding two radionuclides, N-13 and O-15, to the tables of effluent concentrations; and
  6. adding a ten millirem constraint on airborne emissions, a requirement which has been implemented for several years through Radiation Control Permit conditions.

The Notice of Proposed Rule Making is available in the April 5, 2017 issue of the State Register.

DEC will accept written public comments through Wednesday, July 5, 2017.

When reviewing amendments to proposed Part 380, please note that the following are not regulated by Part 380:

  • Radon - Radon is a naturally occurring radioactive material (NORM) that exists as a gas. Radon is not regulated since it naturally occurs in the environment. Part 380 regulates technologically-enhanced naturally occurring radioactive materials (TENORM), not NORM.
  • Drill cuttings - This has been addressed at length in the high-volume hydraulic fracturing Final Supplemental Generic Environmental Impact Statement (May 2015) and at several landfill permit proceedings. Drill cuttings are NORM, not TENORM. As noted above, Part 380 regulates TENORM, not NORM.
  • Releases from nuclear plants - A federal regulatory responsibility.
  • Nuclear plant spent fuel storage - A federal regulatory responsibility.
  • Accidents involving transportation of nuclear materials - Waste shipments, such as shipments of Canadian liquid highly enriched uranium, are solely a federal regulatory responsibility.
  • Leaking waste sites - Sites such as the Nuclear Regulatory Commission-licensed Disposal Area at West Valley and sites under the Formerly Utilized Sites Remedial Action Program are a federal regulatory responsibility. Additionally, the West Valley strontium plume is not from a waste site, and is also a federal regulatory responsibility.

Regulatory Documents

Document Repository

The proposed rule making documents may also be inspected at NYS DEC, 625 Broadway, Albany, NY. Please call Sandra Hinkel for an appointment at (518) 402-9625.

Public Hearing

DEC held a legislative public hearing on May 25, 2017 in Albany, NY to receive public comments on the proposed amendments to Part 380.

Written Comments

The public is invited to submit written comments on proposed amendments to Part 380 through Wednesday, July 5, 2017.

Written comments can be submitted by:

(1) Email to Regs.Radiation@dec.ny.gov and please write "Comments on Proposed Part 380" in the subject line of the email;

or

(2) Mail to Sandra Hinkel, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7255.


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