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Rural Area Flexibility Analysis - 6 NYCRR Part 380

Amendments to 6 NYCRR Part 380 - Prevention and Control of Environmental Pollution by Radioactive Materials

1. Types and Estimated Number of Rural Areas:

For purposes of this Rural Area Flexibility Analysis, "rural area" means those portions of the state so defined by Executive Law section 481(7). SAPA section 102(10). Under Executive Law section 481(7), rural areas are defined as "counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. In counties of two hundred thousand or greater population, 'rural areas' means towns with population densities of one hundred fifty persons or less per square mile, and the villages, individuals, institutions, communities, programs and such other entities or resources as are found therein." There are 44 counties in New York State (State) that have populations of less than 200,000 people and 71 towns in non-rural counties where the population densities are less than 150 people per square mile. This rule applies statewide so it applies to all rural areas of the State.

2. Reporting, Recordkeeping, Other Compliance Requirements, and Need for Professional Services:

Several provisions in the rule clarify and expand requirements for the preparation and submission of permit applications, notification of incidents, and annual reports, as well as the maintenance of specific records of disposals and releases. Such work is typically conducted by the facility's on-site facility radiation protection staff, although a regulated facility may elect to hire a health physics contractor to assist in the preparation of required records and reports.

3. Costs:

Regulated parties subject to this rule should experience little or no increase in costs. Many provisions have already been in effect for several years via permit condition. The new, lower threshold for reporting of incidents will require the expenditure of staff time to prepare and submit reports of incidents, should they occur.

4. Minimizing Adverse Impact:

This rule is not expected to generate any adverse impact to regulated parties. As stated previously, there would be little or no increase in costs for regulated parties.

5. Rural Area Participation:

As a public outreach initiative in early 2010, information on this rulemaking was mailed to all Part 380 permittees and applicants, radioactive materials licensees, and environmental and public interest groups in the State. Also, a preliminary draft of the amendment was posted on DEC's website and a notice was published in DEC's Environmental Notice Bulletin (ENB). A public hearing on the proposed amendments to Part 380 was held during the public comment period on May 25, 2017 in Albany. Prior to the hearing on May 25, 2017, a public availability session was also conducted and several questions were addressed. DEC continues to post relevant information on its website about the Radiation Program and documents pertaining to the Part 380 rule making. A notice was also posted in DEC's ENB on April 5, 2017 about the proposed rule making and the public hearing and public availability session that were held on May 25, 2017.

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