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Comprehensive List of Proposed Amendments - 6 NYCRR Part 380

Note new use of terms: "disposal and release" - replaces former "disposal and discharge"
["Release" is the term used in federal regulation 10 CFR 20, Standards for Protection Against Radiation]


RAM = Radioactive materials

NORM = Naturally occurring radioactive materials

TENORM = Technologically-enhanced naturally occurring radioactive materials

380-1 General Provisions


  • Added reference to Article 37 of the New York State Environmental Conservation Law [previously omitted from Part 380]


  • Expanded to include use of licensed RAM in the environment [e.g., environmental studies]
  • Clarifies what RAM is not subject to Part 380 [household waste containing excreted residues of radiopharmaceuticals, intact smoke detectors, NORM in natural isotopic abundance]
  • Clarifies that sites containing buried radioactive waste are subject to Part 380 [needed in case additional disposal sites are identified in future]
  • Clarifies that processed and concentrated NORM, a regulated RAM, is also commonly referred to as TENORM

380-2 Definitions

Disposal new - the act of discarding material [had not previously been defined in Part 380]

Release new - the introduction of material to the environment [replaces former use of "discharges"]

Discharge revised - definition now limited to release of material to ground or surface water [term had previously applied to RAM released to both air and water]

Emission new - release of material to air

Effluent new - material released to air or water

Effluent treatment new - process to reduce RAM in effluents

Incineration revised - process defined instead of equipment [definition of incinerator deleted]

Permit revised - expanded to include the use of RAM in the environment, and maintenance of a former radioactive waste land burial site. Permittee also updated.

Loss of control of RAM revised - definition revised [deleted limitation to only "licensed" RAM]

Uncontrolled release new - defines unplanned release of RAM to the environment [needed to differentiate from authorized, controlled releases of RAM]

TENORM new - added for clarification

New/Revised/Deleted Definitions (required per 10 CFR 20):

Dose constraint new - public dose value above which actions are required

Public dose new - from RAM released to the environment

Total effective dose equivalent revised

Member of the public revised

Shallow dose equivalent deleted (occupational exposure term not applicable to DEC)

380-3 Permit Applications

  • Permit requirements clarified
  • Contents of permit applications clarified
  • Procedures for obtaining a variance clarified; DEC may initiate

380-4 Waste Disposal

  • Language clarified, all allowed disposal methods now referenced in this subpart
  • Disposal of specific wastes ("biomedical exemption") expanded to include animal bedding (in addition to longstanding exemption for animal tissue)

380-5 Radiation Dose Limits

  • new: 10 millirem constraint on airborne emissions (required per 10 CFR 20) [currently required by Part 380 Radiation Control Permit condition]
  • Reference to 40 CFR 190 deleted [had been inappropriately included in Part 380 previously]

380-6 Surveys and Calibrations

  • Requirement for annual calibration of radiation detection instruments expanded to now include instruments used to measure effluent flow rates, minor revisions adopted related to effluent and environmental monitoring (required per 10 CFR 20)

380-7 Release Minimization Programs

  • No significant changes were made to this subpart

380-8 Records

  • No change to recordkeeping - three years or until license terminated, whichever longer
  • Reworded authorization to record quantities in SI units (required per 10 CFR 20)
  • new: Data in electronic format must be made available via hardcopy upon request
  • new: Records must be transferred when permit transferred

380-9 Reports

  • Annual Reports - expanded to require reporting of environmental dosimeter results [currently required by permit condition]
  • Notification of Incidents - changes added to lower reporting thresholds
  • new: Reports now required for exceedance of any permit or regulatory limit [currently required by permit condition], uncontrolled releases [currently required by permit condition] or events that could cause releases, or exceedance of the dose constraint (required per 10 CFR 20, 30 and 40)
  • Contents of reports specified with timeframes

380-10 General Regulatory Requirements (Deliberate misconduct - per 10 CFR 30 and 40)

  • new: Completeness and accuracy of submitted information
  • new: Deliberate misconduct - prohibits deliberate submission of inaccurate /incomplete information; applies to permittee, applicant and contractors
  • new: Prohibitions against uncontrolled releases, unauthorized transfers, abandonment or failure to comply with any requirement in Part 380

380-11 Effluent Concentration (required by 10 CFR 20)

  • new: N-13 and O-15 added to tables of concentrations

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