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 380-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 otherwise specifically provided, this Part applies to any person who disposes of
					 or releases licensed radioactive material within the State, uses licensed
					 radioactive material in the environment, or whose loss of control of licensed
					 radioactive material results or may result in the disposal or release of such
					 material to the environment.
(b) This
					 Part applies to any person who disposes of radioactive tailings or wastes
					 produced by the extraction or concentration of uranium or thorium from any ore
					 processed primarily for its source material content, where such tailings or
					 wastes are not regulated by the U.S. Nuclear Regulatory Commission.
(c) This Part does not apply to the protection
					 of radiation workers, and the limits in this Part do not apply to doses due to
					 background radiation, to exposure of patients to radiation for the purpose of
					 medical diagnosis or therapy, or to voluntary participation in medical research
					 programs.
(d) This Part does not
					 apply to persons who dispose of or release radioactive material in forms and
					 quantities that are specifically exempt from general or specific licensing and
					 regulatory control pursuant to regulations of the New York State Department of
					 Health, New York City Department of Health and Mental Hygiene, U.S. Nuclear
					 Regulatory Commission, or licensing agency of an agreement state.
(e) This Part applies to any person who
					 disposes of or releases processed and concentrated naturally occurring
					 radioactive material, also commonly referred to as technologically-enhanced
					 naturally occurring radioactive material (TENORM).
(f) This Part does not apply to any person who
					 disposes of or releases radioactive materials to the extent that such disposal or
					 release is subject to regulation by the U.S. Nuclear Regulatory Commission or the
					 U.S. Department of Energy.
(g) This
					 Part does not apply to the following categories of U.S. Department of Energy or
					 U.S. Nuclear Regulatory Commission contractor or subcontractor to the extent that
					 such contractor or subcontractor receives, possesses, uses, transfers, or
					 acquires sources of radiation under contract:
(1) prime contractors performing work for the
					 U.S. Department of Energy at U.S. Government-owned or -controlled sites,
					 including transportation of sources of radiation to or from such sites and the
					 performance of contract services during temporary interruptions of such
					 transportation;
(2) prime contractors
					 of the U.S. Department of Energy performing research in, or development,
					 manufacture, storage, testing, or transportation of, atomic weapons or components
					 thereof;
(3) prime contractors of the
					 U.S. Department of Energy using or operating nuclear reactors or other nuclear
					 devices in a U.S. Government-owned vehicle or vessel; and
(4) any other prime contractor or subcontractor
					 of the U.S. Department of Energy or of the U.S. Nuclear Regulatory Commission
					 when the State and the U.S. Nuclear Regulatory Commission jointly determine:
(i) that the exemption of the prime contractor
					 or subcontractor is authorized by law; and
(ii) that, under the terms of the contract or
					 subcontract, there is adequate assurance that the work thereunder can be
					 accomplished without undue risk to public health and safety or the
					 environment.