reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 377 - Siting of Industrial Hazardous Waste Facilities › Section 377.6 - Certificate and permit conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Certificates.
(1) The board may
				  set forth the period of time in which the applicant must commence construction of
				  a facility for which it shall have granted a certificate.
(2) All certificates issued pursuant to this
				  Part shall be transferable only upon prior written approval of the
				  department.
(3) The board may impose
				  such other reasonable conditions on the certificate as it deems
				  appropriate.
(4) If the department
				  grants the applicant a permit pursuant to Part 360 of this Subchapter, the
				  certificate and any conditions thereon shall merge and become part of said
				  permit. Any modification, suspension or revocation of the permit granted pursuant
				  to Part 360 and all rules and regulations applying to such permit modifications,
				  suspension or revocation shall apply in a like manner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-1 - General Provisions › Section 380-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The regulations
					 in this Part establish standards for protection against ionizing radiation
					 resulting from the disposal and release of radioactive material to the
					 environment. These regulations are issued under Articles 1, 3, 17, 19, 27, 29,
					 and 37 of the Environmental Conservation Law.
(b) It is the purpose of the regulations in
					 this Part to control the disposal and release 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 limits actions that may be necessary
					 to protect public health and safety or the environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-1 - General Provisions › Section 380-1.3 - Communications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Written Reports.
					 Unless otherwise specified, written communications or reports required by this
					 Part must be addressed to the New York State Department of Environmental
					 Conservation, Radiation Control Permit Section, Division of Materials Management,
					 625 Broadway, Albany, NY 12233-7255.
(b) Telephoned Reports. All persons who make
					 telephoned reports required by this Part must call the Radiation Control Permit
					 Section at (518)-402-9625 during business hours (8:00 am - 4:30 pm), and the
					 Department's Spill Hotline at (800)-457-7362 during all other times.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-1 - General Provisions › Section 380-1.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-1 - General Provisions › Section 380-1.5 - Transition

Current through Register Vol. 46, No. 28, July 10, 2024
The following constitute the transition rules for this
						Part.
(a) Existing permits.
(1) This subdivision applies to permittees
					 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 discontinued, or
					 is modified pursuant to Part 621 of this Title.
(3) Except as otherwise provided by this Part,
					 the permittee must comply with all provisions of this Part beginning on the
					 effective date of this Part or of any amendment to this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-1 - General Provisions › Section 380-1.6 - Documents incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Documents. The following documents,
					 referenced in this Part, are available for review and at the department's offices
					 at 625 Broadway, Albany, NY 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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-2 - Definitions › Section 380-2.2 - Units of Radioactivity

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, activity is expressed in the
						special unit of curies (Ci) or in the SI unit of becquerels (Bq), or their
						multiples, or disintegrations (transformations) per unit of time.
(a) One becquerel = one disintegration per
					 second (S-1).
(b) One curie = 3.7 x
					 1010 disintegrations per second
= 3.7 x 1010 becquerels
= 2.22 x 1012 disintegrations
						per minute.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-2 - Definitions › Section 380-2.3 - Units of radiation dose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Definitions. As used in this Part, the units of radiation doses are:
(1) 'Gray' (Gy) is the SI unit of absorbed
					 dose. One gray is equal to an absorbed dose of one joule/kilogram (100
					 rads).
(2) 'Rad' is the special unit
					 of absorbed dose. One rad is equal to an absorbed dose of 100 ergs/gram or 0.01
					 joule/kilogram (0.01 gray).
(3) 'Rem'
					 is the special unit of any of the quantities expressed as dose equivalent. The
					 dose equivalent in rems is equal to the absorbed dose in rads multiplied by the
					 quality factor (1 rem = 0.01 sievert).
(4) 'Sievert' is the SI unit of any of the
					 quantities expressed as dose equivalent. The dose equivalent in sieverts is equal
					 to the absorbed dose in grays multiplied by the quality factor (1 Sv = 100
					 rems).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-3 - Permits › Section 380-3.1 - Permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
					 as provided in section
					 380-3.5  of this Part,
					 persons subject to this Part must obtain a permit before:
(1) emitting radioactive material to the
					 air;
(2) discharging radioactive
					 material to a water of the State as defined in ECL Article 17, Title 1;
(3) incinerating radioactive
					 material;
(4) disposing of
					 radioactive material in the environment; or
(5) using radioactive material in the
					 environment in a manner that results in the release of radioactive material to
					 the environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-3 - Permits › Section 380-3.2 - Permit applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application for a permit must satisfy the general requirements for complete
					 applications contained in Part 621 of this Title.
(b) An application for a permit must satisfy
					 the requirements of Part 617 of this Title, which include the submission of a
					 properly completed environmental assessment form.
(c) A complete application for a permit must:
(1) contain information which thoroughly
					 describes any proposed radioactive materials disposal, release, or site
					 maintenance procedures in sufficient detail to:
(i) demonstrate that the proposed action will
					 comply with this Part;
(ii) provide
					 adequate justification for the proposed action; and
(iii) enable the Department to assess the
					 nature and extent of any potential environmental impact.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-3 - Permits › Section 380-3.3 - Terms of permits

Current through Register Vol. 46, No. 28, July 10, 2024
Permits issued pursuant to this Part must be issued for a
						term not to exceed five years from the date of issuance unless renewed,
						suspended, revoked, or discontinued by the Department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-3 - Permits › Section 380-3.4 - Exemption

Current through Register Vol. 46, No. 28, July 10, 2024
Exhaust systems which release radioactive material to air
						that meet each of the following criteria are exempt from the permitting
						requirements of this Part:
(a) The
					 annual average concentration of a single radionuclide in the effluent at the
					 emission point is less than or equal to 10 percent of the radionuclide
					 concentrations listed in Table II, Column 1 of section
					 380-11.7 
					 of this Part without relying on effluent treatment.
(b) If more than one radionuclide is released
					 at the emission point, the following conditions must be satisfied:
(1) the fraction of the values in Table II,
					 Column 1 of section
					 380-11.7 
					 of this Part represented by effluents to air must be determined by dividing the
					 actual average annual concentration of each radionuclide released by the
					 concentration of that radionuclide listed in Table II, Column 1 of section
					 380-11.7 
					 of this Part; and
(2) the sum of the
					 fractions for each radionuclide required by paragraph (b)(1) of this section does
					 not exceed 10 percent of unity without relying on effluent treatment to reduce
					 radionuclide concentrations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-3 - Permits › Section 380-3.5 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise
					 precluded by law, the Department may, upon its own initiative or upon written
					 application from any person who is subject to this Part, grant a variance from
					 one or more specific provisions of this Part under the conditions set forth in
					 this section.
(b) Every application
					 for a variance must:
(1) be submitted to the
					 Department in writing;
(2) be
					 submitted in conjunction with an application for a permit, where a permit is also
					 required pursuant to this Part;
(3)
					 identify the specific provisions of this Part from which a variance is
					 sought;
(4) demonstrate that
					 compliance with the identified provisions would, on the basis of conditions
					 unique to the person's particular situation, tend to impose an unreasonable
					 economic, technological, or safety burden on the person or the public;
					 and
(5) demonstrate that the proposed
					 activity will have no significant adverse impact on the public health and safety
					 and the environment, will be consistent with the provisions of the ECL, and will
					 meet all other provisions of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-3 - Permits › Section 380-3.6 - Treatment or disposal by incineration

Current through Register Vol. 46, No. 28, July 10, 2024
Licensed material may be treated or disposed of by
						incineration only in the amounts and forms specified in section
						380-4.3 
						of this Part or as specifically approved by the department pursuant to section
						380-3.5  of this Subpart.
						Applications for permits to incinerate licensed material must be submitted in
						accordance with section
						380-3.2 
						of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-4 - Waste Disposal › Section 380-4.1 - Authorized disposal methods

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Persons may dispose of radioactive material only by:
(1) transfer to a licensee pursuant to any
					 applicable municipal, state, or federal law;
(2) decay in storage, where the storage is
					 authorized by a license issued by the New York City Department of Health &
					 Mental Hygiene, New York State Department of Health, U.S. Nuclear Regulatory
					 Commission, or licensing agency of an agreement state;
(3) release to the environment within the
					 limits established in section
					 380-5.1 
					 of this Part and in accordance with Subpart 380-3 of this Part;
(4) transfer to a facility authorized by a
					 license issued by the New York City Department of Health & Mental Hygiene,
					 New York State Department of Health, U.S. Nuclear Regulatory Commission, or
					 licensing agency of an agreement state to accept the radioactive material for
					 storage, treatment or disposal, or operated by the U.S. Department of
					 Energy;
(5) incineration as
					 authorized by and in conformance with a permit issued pursuant to section
					 380-3.1 
					 of this Part;
(6) a release into
					 sanitary sewerage as authorized by and in conformance with section
					 380-4.2 
					 of this Subpart; or
(7) disposal as
					 authorized by section
					 380-4.3 
					 of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-4 - Waste Disposal › Section 380-4.2 - Disposal by release into sanitary sewerage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Licensed material may be released into
					 sanitary sewerage if each of the following conditions is satisfied:
(1) the material is:
(i) readily soluble in water; or
(ii) biological material that is readily
					 dispersible in water;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-4 - Waste Disposal › Section 380-4.3 - Disposal of specific wastes

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The following licensed material may be disposed of without regard to its
					 radioactivity, but must be disposed of in accordance with any other applicable
					 provisions of the ECL:
(1) 0.05 microcurie
					 (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of medium used for
					 liquid scintillation counting;
(2)
					 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of
					 animal tissue, averaged over the weight of the entire animal; and
(3) 0.05 microcurie (1.85 kBq), or less, of
					 hydrogen-3 or carbon-14 per gram of biodegradable animal bedding.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-4 - Waste Disposal › Section 380-4.4 - Compliance with environmental and health protection regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this subpart relieves any person subject to this
						Part from complying with other applicable federal, state, and local regulations
						governing any other toxic or hazardous properties of materials that may be
						disposed of under this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-5 - Radiation Dose Limits For Individual Members Of The Public › Section 380-5.1 - Dose limits for individual members of the public

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each person subject to this Part must
					 minimize the disposal and release of radioactive material to the environment so
					 that:
(1) the total effective dose equivalent
					 to individual members of the public from the disposal or release does not exceed
					 0.1 rem (1 mSv) in a year, exclusive of the dose contributions from background
					 radiation, from any medical administration the individual has received, from
					 exposure to individuals administered radioactive material which have been
					 released in accordance with a license, from voluntary participation in medical
					 research programs, and from the licensee's disposal of material into sanitary
					 sewerage in accordance with section
					 380-4.2 
					 of this Part;
(2) the dose in any
					 unrestricted area in the environment from external sources does not exceed 0.002
					 rem (0.02 mSv) in any one hour; and
(3) doses to individual members of the public
					 are ALARA.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-5 - Radiation Dose Limits For Individual Members Of The Public › Section 380-5.2 - Compliance with dose limits for individual members of the public

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each person
					 subject to this Part must make or cause to be made, as appropriate, surveys of
					 radiation levels in unrestricted areas in the environment and radioactive
					 materials in effluents released to unrestricted areas in the environment to
					 demonstrate compliance with the dose limits for individual members of the public
					 established in section
					 380-5.1 
					 of this Subpart.
(b) Surveys must
					 show compliance with the annual dose limit in section
					 380-5.1 
					 of this Subpart by:
(1) demonstrating by
					 measurement or calculation that the total effective dose equivalent to the
					 individual likely to receive the highest dose from the disposal or release does
					 not exceed the annual dose limit; or
(2) demonstrating that:
(i) the annual average concentrations of
					 radioactive material released in effluents to air or water at the emission point
					 or point of discharge do not exceed the values specified in Table II of section
					 380-11.7 
					 of this Part; and
(ii) if an
					 individual were continually present in an unrestricted area, the dose from
					 external sources would not exceed 0.002 rem (0.02 mSv) in an hour and 0.05 rem
					 (0.5 mSv) in a year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-6 - Surveys and Calibrations › Section 380-6.1 - Surveys required

Current through Register Vol. 46, No. 28, July 10, 2024
Each person subject to this Part must make or cause to be
						made, surveys that:
(a) are necessary to
					 demonstrate compliance with this Part; and
(b) are reasonable, in scope and method, to
					 evaluate:
(1) the magnitude and extent of
					 radiation levels in the environment;
(2) concentrations or quantities of radioactive
					 material in effluents, used in the environment, or disposed of in the
					 environment; and
(3) the potential
					 radiological hazards and environmental impacts.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-6 - Surveys and Calibrations › Section 380-6.2 - Calibration of instruments

Current through Register Vol. 46, No. 28, July 10, 2024
Each person subject to this Part must ensure that
						instruments and equipment used for quantitative radiation measurements (e.g.,
						dose rate and effluent monitoring) are calibrated at least annually for the
						radiation measured. Instruments used to measure effluent flow rates must also be
						calibrated annually.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-7 - Release Minimization Programs › Section 380-7.1 - Release minimization program required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each permittee must develop, document, and
					 implement a release minimization program for maintaining releases of radioactive
					 material to the environment ALARA. The release minimization program:
(1) may be part of the radiation protection
					 (ALARA) program required as part of a license; and
(2) must be commensurate with the scope and
					 extent of permitted activities and sufficient to ensure compliance with the
					 provisions of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-7 - Release Minimization Programs › Section 380-7.2 - Procedures and engineering controls

Current through Register Vol. 46, No. 28, July 10, 2024
The permittee must use, to the extent practicable,
						procedures and engineering controls based upon sound radiation protection
						principles to achieve doses to members of the public that are
						ALARA.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-7 - Release Minimization Programs › Section 380-7.3 - Periodic reviews

Current through Register Vol. 46, No. 28, July 10, 2024
The permittee must, at intervals not to exceed 12 months,
						review the release minimization program content and
						implementation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-8 - Records › Section 380-8.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
					 person subject to this Part must use the units of curie, rad, rem, including
					 multiples and subdivisions thereof, and must clearly indicate the units of all
					 quantities on records required by this Part.
(b) In the records required by this Part, the
					 person may record quantities in SI units in parentheses following each of the
					 units specified in paragraph (a) of this section. However, all quantities must be
					 recorded as stated in paragraph (a) of this section.
(c) The person must make a clear distinction
					 among the quantities entered on the records required by this Part (e.g., total
					 effective dose equivalent, deep-dose equivalent, committed effective dose
					 equivalent).
(d) The person must
					 retain the records required by this Part for three years after the record is
					 made, or until the licensing agency terminates each pertinent license requiring
					 the record, whichever is longer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-8 - Records › Section 380-8.2 - Records of release minimization programs

Current through Register Vol. 46, No. 28, July 10, 2024
Each permittee must maintain records of the release
						minimization program, including:
(a) the
					 provisions of the program; and
(b)
					 audits and other reviews of program content and implementation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-8 - Records › Section 380-8.3 - Records of surveys and calibrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each person subject to this Part must
					 maintain records showing the results of surveys and calibrations required by
					 Subpart 380-6 of this Part.
(b) Each
					 person subject to this Part must maintain records of the results of measurements,
					 monitoring, and calculations used to evaluate the release of radioactive
					 effluents to the environment, or the use of radioactive material in the
					 environment, including protocols for sample collections and
					 analysis.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-8 - Records › Section 380-8.4 - Records of dose to individual members of the public

Current through Register Vol. 46, No. 28, July 10, 2024
Each person subject to this Part must maintain records
						sufficient to demonstrate compliance with the dose limit for individual members
						of the public specified in section
						380-5.1 
						of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-8 - Records › Section 380-8.5 - Records of waste disposal

Current through Register Vol. 46, No. 28, July 10, 2024
Each person subject to this Part must maintain records of
						the disposal of radioactive materials made under sections
						380-3.5,
						380-4.2,
						and
						380-4.3 
						of this Part, including existing records of burials in soil authorized before
						April 1985.*
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-8 - Records › Section 380-8.6 - Form of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each record
					 required by this Part must be legible throughout the specified retention period.
					 The record may be maintained in the following forms:
(1) original;
(2) a reproduced copy or a microform, provided
					 that the copy or microform is authenticated by authorized personnel and that the
					 microform is capable of producing a clear copy throughout the required retention
					 period; or
(3) in electronic media
					 with the capability for producing legible, accurate, and complete records during
					 the required retention period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-8 - Records › Section 380-8.7 - Transfer of Permit

Current through Register Vol. 46, No. 28, July 10, 2024
If a permit is transferred pursuant to Part 621 of this
						Title, the permittee must transfer all records required by this Subpart to the
						new permittee and the new permittee will be responsible for maintaining these
						records for the specified retention period.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-9 - Reports › Section 380-9.1 - Annual reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each permittee must submit to the Department an annual
						report on its radioactive releases or disposals during the previous calendar
						year. The report must list the radionuclides released or disposed of, and the
						total quantity and the average annual concentrations of each. Permittees that
						have installed fixed environmental dosimeters in accordance with a permit must
						also report all dosimetry results. This report must be submitted by the end of
						each March as described in section
						380-1.3  of this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-9 - Reports › Section 380-9.2 - Notification of incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Immediate report. Each person subject to this part must notify the Department by
					 telephone as described in section
					 380-1.3  of this Part
					 as soon as possible but not later than two hours after the discovery of an event
					 that prevents immediate protective actions necessary to avoid an uncontrolled
					 release of radioactive material to the environment from occurring.
(b) Report on next business day. Each person
					 must notify the Department by telephone as described in section
					 380-1.3  of this Part
					 no later than the next business day after the discovery of any of the following
					 events involving radioactive material:
(1) an
					 unplanned contamination event that occurs in the environment;
(2) an event in which equipment is disabled or
					 fails to function as designed to prevent releases exceeding regulatory limits, to
					 prevent exposures to radiation and radioactive materials exceeding regulatory
					 limits;
(3) a fire or explosion
					 damaging any radioactive material or any device, container, or equipment
					 containing radioactive material when the event creates a potential for an
					 uncontrolled release to the environment;
(4) any lost, stolen, or missing radioactive
					 material under such circumstances that it appears the material may have been
					 released to the environment or disposed of in a manner not authorized under
					 Subpart 380-4 of this Part;
(5) an
					 exceedance of the annual release limit established in a Department-issued
					 permit;
(6) an exceedance of the
					 constraint on air emissions established by subdivision
					 380-5.1(b) 
					 of this Part; or
(7) an exceedance of
					 any regulatory limit specified in this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-9 - Reports › Section 380-9.3 - Contents of Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Telephoned
					 reports. To the extent that the information is available at the time of
					 notification, the information provided in telephoned reports must include:
(1) the caller's name and call back telephone
					 number;
(2) a description of the
					 event, including date and time;
(3)
					 the exact location of the event;
(4)
					 the isotopes, quantities, and chemical and physical form of the radioactive
					 material involved;
(5) any data
					 available on environmental contamination levels; and
(6) a description of any corrective or
					 mitigating actions taken.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.1 - Additional requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The Department may, by rule, regulation, or order, impose
						upon any person subject to this Part such requirements in addition to those
						established in this Part as it deems appropriate or necessary to protect public
						health and safety or the environment from the disposal or release of radioactive
						material to the environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.2 - Enforcement and inspection and access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Enforcement.
(1) Every person who disposes of or releases
					 radioactive material within the State, or whose loss of control of radioactive
					 material results or may result in the disposal or uncontrolled release of such
					 material to the environment is subject to every applicable requirement identified
					 in this Part, unless the person demonstrates to the Department's satisfaction
					 that the person is clearly exempt from regulation under, or from the requirement
					 in question that is contained in, this Part.
(2) Without limitation to any other civil or
					 criminal sanction that may be applicable, any person who violates any provision
					 of, or fails to perform any duty imposed by this Part, or any term or condition
					 of any permit issued pursuant to this Part, or any final determination or order
					 of the Commissioner of the New York State Department of Environmental
					 Conservation issued pursuant to any statutory authority under which this Part is
					 promulgated, is subject to all applicable civil, administrative, and criminal
					 sanctions set forth in ECL Article 71.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.3 - Tests

Current through Register Vol. 46, No. 28, July 10, 2024
Each person subject to this Part must perform upon
						instructions from the Department, or must allow the Department to perform, such
						reasonable tests as the Department deems appropriate or necessary including, but
						not limited to, tests of:
(a)
					 radioactive material;
(b) facilities
					 wherein radioactive material is used or stored;
(c) radiation detection and monitoring
					 instruments; and
(d) other equipment
					 and devices used in connection with utilization or storage of radioactive
					 material.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.4 - Vacating premises

Current through Register Vol. 46, No. 28, July 10, 2024
Each permittee must, no less than 30 days before vacating
						or relinquishing possession or control of premises which may have been
						contaminated with radioactive material, notify the Department in writing of
						intent to vacate. The permittee must remediate any environmental contamination in
						such a manner as the Department may specify.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.5 - Safeguarding information

Current through Register Vol. 46, No. 28, July 10, 2024
Any requests for the release of information in the custody
						of the Department related to this Part will be handled according to the
						provisions of New York Public Officers Law section
						87 and Part 616 of this Title, Public Access to
						Records of the Department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.6 - Impounding

Current through Register Vol. 46, No. 28, July 10, 2024
The Department may impound sources of radiation when it
						determines such action is necessary to protect the public health and safety or
						the environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.7 - Completeness and accuracy of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information provided to the Department by
					 an applicant for a permit, or by a permittee, or information required by statute
					 or by the Department's regulations, orders, or permit conditions to be maintained
					 by the applicant or the permittee, must be complete and accurate in all material
					 respects.
(b) Each applicant or
					 permittee must notify the Department of any material change in either the
					 submitted application materials or permitted activities. Notification must be
					 provided to the Department within two working days of identifying the
					 information. This requirement is not applicable to information which is already
					 required to be provided to the Department by other reporting or updating
					 requirements.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.8 - Deliberate misconduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 the purposes of this section, deliberate misconduct means an intentional act or
					 omission that the person knows:
(1) could
					 cause, or would have caused if not detected, a permittee, applicant, contractor
					 or subcontractor to be in violation of any rule, regulation, order, or permit
					 issued under this Part; or
(2)
					 constitutes a violation of a requirement, procedure, instruction, contract,
					 purchase order, or policy of a permittee, applicant, contractor, or
					 subcontractor.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-10 - General Regulatory Requirements › Section 380-10.9 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The uncontrolled
					 release, loss of control, transfer to an unauthorized person, or abandonment of
					 radioactive material is prohibited.
(b) It is a violation of this Part to do any
					 act prohibited by any provision of this Part; or to fail to perform any act
					 required by any provision of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-11 - Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) Of Radionuclides For Occupational Exposure; Effluent Concentrations; Concentrations For Release To Sewerage › Section 380-11.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
For each radionuclide, Table I of section
						380-11.7 
						of this Subpart indicates the chemical form which is to be used for selecting the
						appropriate ALI or DAC value. The ALIs and DACs for inhalation are given for an
						aerosol with an activity median aerodynamic diameter (AMAD) of 1 µm and for
						three classes (D, W, Y) of radioactive material, which refer to their retention
						(approximately days, weeks or years) in the pulmonary region of the lung. This
						classification applies to a range of clearance halftimes for D of less than 10
						days, for W from 10 to 100 days, and for Y greater than 100 days. The class (D,
						W, or Y) given in the columns headed class applies only to the inhalation ALIs
						and DACs given in Table I, columns 2 and 3. For each radionuclide, Table II of
						section
						380-11.7 
						of this Subpart provides concentration values for airborne and liquid effluents
						released to the general environment. Table III of section
						380-11.7 
						of this Subpart provides concentration limits for releases to sanitary sewer
						systems. The concentration values listed in Tables II and III of section
						380-11.7 
						of this Subpart are used to control the release of radionuclides to the
						environment in such a manner that the total dose to an individual member of the
						public does not exceed the limits prescribed in Subpart 380-5 of this
						Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-11 - Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) Of Radionuclides For Occupational Exposure; Effluent Concentrations; Concentrations For Release To Sewerage › Section 380-11.2 - Notation

Current through Register Vol. 46, No. 28, July 10, 2024
The values in Tables I, II, and III of section
						380-11.7 
						of this Subpart are presented in the computer "E" notation. In this notation a
						value of 6E-02 represents a value of 6 x 10-2 or 0.06,
						6E+2 represents 6 x 102 or 600, and 6E+0 represents 6
						x 100 or 6.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-11 - Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) Of Radionuclides For Occupational Exposure; Effluent Concentrations; Concentrations For Release To Sewerage › Section 380-11.3 - Table I Occupational Values

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Note that the columns in Table I of section
					 380-11.7 
					 of this subpart captioned "Oral Ingestion ALI," "Inhalation ALI," and "DAC," are
					 applicable to occupational exposure to radioactive material.
(b) The ALIs in section
					 380-11.7 
					 of this Subpart are the annual intakes of given radionuclide by "Reference Man"
					 which would result in either
(1) a committed
					 effective dose equivalent of five rems (stochastic ALI) or
(2) a committed dose equivalent of 50 rems to
					 an organ or tissue (non-stochastic ALI). The stochastic ALIs were derived to
					 result in a risk, due to irradiation of organs and tissues, comparable to the
					 risk associated with deep dose equivalent to the whole body of five rems. The
					 derivation includes multiplying the committed dose equivalent to an organ or
					 tissue by a weighting factor, Wt. This weighting factor is the proportion of the
					 risk of stochastic effects resulting from irradiation of the organ or tissue, T,
					 to the total risk of stochastic effects when the whole body is irradiated
					 uniformly. The values of Wt are listed under the definition of weighting factor
					 in section
					 380-2.1  of this
					 Part. The non-stochastic ALIs were derived to avoid non-stochastic effects, such
					 as prompt damage to tissue or reduction in organ function.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 380 - Prevent and Control of Environmental Pollution by Radioactive Materials › Subpart 380-11 - Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) Of Radionuclides For Occupational Exposure; Effluent Concentrations; Concentrations For Release To Sewerage › Section 380-11.5 - Table III Releases to Sewer

Current through Register Vol. 46, No. 28, July 10, 2024
The monthly average concentration limits for release to
						sanitary sewers are applicable to the provisions in section
						380-4.2 
						of this Part. The concentration values were derived by taking the most
						restrictive occupational stochastic oral ingestion ALI and dividing by 7.3 x
						106(ml). The factor of 7.3 x
						106(ml) is composed of a factor of 7.3 x
						105(ml), the annual water intake by reference man, and
						a factor of 10, such that the concentrations, if the sewage released by the
						licensee were the only source of water ingested by a reference man during a year,
						would result in a committed effective dose equivalent of 0.5
						rem.