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Radiation Regulations

Prevention and Control of Environmental Pollution by Radioactive Materials

6 NYCRR Part 380 (link leaves DEC's website) requires parties who discharge radioactive material to keep records of the radioactive material discharged to the environment and to maintain those discharges as low as reasonably achievable. The regulation sets radiation dose limits and emission levels above which a party must obtain a radiation control permit from DEC. Permittees include industrial, research, medical, radiopharmaceutical, and wastewater treatment facilities. DEC staff perform regular, unannounced inspections of all Part 380 permittees. NOTE: Amendments to Part 380 were adopted, effective May 10, 2018. See below for details and link to the amended Express Terms.

Radiation Control Permits - Application Guides

The following guides were updated in April 2018, and pertain to Part 380 and Radiation Control Permits.

Additional Documents & Guides

Amendments to 6 NYCRR Part 380 - Effective May 10, 2018

DEC has adopted amendments to 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. Details are available on the Part 380 rule making page which has links to the final Part 380 Express Terms (effective May 10, 2018) and revised supporting rule making documents, including the Assessment of Public Comment.

Transportation and Disposal of Low-Level Radioactive Waste

Under the State low-level radioactive waste (LLRW) Management Act of 1986, DEC was charged with permitting and regulating LLRW disposal facilities.

6 NYCRR Part 381 (link leaves DEC's website) requires transporters of LLRW to obtain a permit from DEC and submit LLRW manifests. DEC administers this permitting and manifest tracking system, and DEC handles all new permits and permit modifications.

6 NYCRR Part 382 (link leaves DEC's website) contains requirements for LLRW site and method selection.

6 NYCRR Part 383 (link leaves DEC's website) applies to LLRW facility design, construction, operation, closure, post-closure, and institutional control. Part 383 includes requirements for financial assurance, site monitoring, and emergency response planning.

Currently, there are no LLRW disposal facilities operating in New York State.

Regulations Being Considered

DEC is seeking input from the regulated community and the public regarding a rulemaking initiative to adopt regulations to make DEC's regulations compatible with those of the Nuclear Regulatory Commission. To achieve this, DEC is conducting stakeholder meetings regarding a new 6 NYCRR Part 384 - Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material, and revisions to the existing 6 NYCRR Part 381 - Transporters of Low-Level Radioactive Waste regulations.

Outreach Information

Stakeholder Meetings

Virtual stakeholder meetings were conducted on October 19, 2022. Recordings of the two meetings can be found below:

Virtual stakeholder meeting presentation slides (PDF, 91 KB)

DEC is accepting unofficial written comments regarding this regulatory initiative, and you should submit them to: Thomas Papura, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7255 or e-mail to regs.radiation@dec.ny.gov. Please include "Comments on Part 384" or "Comments on Part 381" in the subject line of the email as appropriate. Comments must be submitted by November 21, 2022.

Site Investigation and Remediation

DEC monitors the remediation of sites contaminated with radioactive material in accordance with DEC's Cleanup Guideline for Soils Contaminated with Radioactive Materials (DER-38).

Federal Resources & Guides

Radiation Monitoring of Non-Radioactive Waste

Staff in the radiation program work with DEC's solid waste, hazardous waste, and regulated medical waste (RMW) programs to prevent the unauthorized disposal of regulated radioactive material at RMW treatment facilities, resource recovery facilities, landfills, and steel smelters. DEC staff work with these facilities to promote the use of effective radiation monitoring where needed and appropriately respond when radioactive material is detected at the facilities.


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    Division of Materials Management
    Bureau of Hazardous Waste and Radiation Management
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    Albany, NY 12233-7256
    518-402-8652
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