reglab/statecodes huggingface dataset:
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 380-11.6 - LIST OF ELEMENTS

Current through Register Vol. 46, No. 28, July 10, 2024
Name
Atomic Symbol
Atomic Number
Name
Atomic Symbol
Atomic Number
Actinium
Ac
89
Mercury
Hg
80
Aluminum
Al
13
Molybdenum
Mo
42
Americium
Am
95
Neodymium
Nd
60
Antimony
Sb
51
Neptunium
Np
93
Argon
Ar
18
Nickel
Ni
28
Arsenic
As
33
Niobium
Nb
41
Astatine
At
85
Nitrogen
N
7
Barium
Ba
56
Osmium
Os
76
Berkelium
Bk
97
Oxygen
O
8
Beryllium
Be
4
Palladium
Pd
46
Bismuth
Bi
83
Phosphorus
P
15
Bromine
Br
35
Platinum
Pt
78
Cadmium
Cd
48
Plutonium
Pu
94
Calcium
Ca
20
Polonium
Po
84
Californium
Cf
98
Potassium
K
19
Carbon
C
6
Praseodymium
Pr
59
Cerium
Ce
58
Promethium
Pm
61
Cesium
Cs
55
Protactinium
Pa
91
Chlorine
Cl
17
Radium
Ra
88
Chromium
Cr
24
Radon
Rn
86
Cobalt
Co
27
Rhenium
Re
75
Copper
Cu
29
Rhodium
Rh
45
Curium
Cm
96
Rubidium
Rb
37
Dysprosium
Dy
66
Ruthenium
Ru
44
Einsteinium
Es
99
Samarium
Sm
62
Erbium
Er
68
Scandium
Sc
21
Europium
Eu
63
Selenium
Se
34
Fermium
Fm
100
Silicon
Si
14
Fluorine
F
9
Silver
Ag
47
Francium
Fr
87
Sodium
Na
11
Gadolinium
Gd
64
Strontium
Sr
38
Gallium
Ga
31
Sulfur
S
16
Germanium
Ge
32
Tantalum
Ta
73
Gold
Au
79
Technetium
Tc
43
Hafnium
Hf
72
Tellurium
Te
52
Holmium
Ho
67
Terbium
Tb
65
Hydrogen
H
1
Thallium
Tl
81
Indium
In
49
Thorium
Th
90
Iodine
I
53
Thulium
Tm
69
Iridium
Ir
77
Tin
Sn
50
Iron
Fe
26
Titanium
Ti
22
Krypton
Kr
36
Tungsten
W
74
Lanthanum
La
57
Uranium
U
92
Lead
Pb
82
Vanadium
V
23
Lutetium
Lu
71
Xenon
Xe
54
Magnesium
Mg
12
Ytterbium
Yb
70
Manganese
Mn
25
Yttrium
Y
39
Mendelevium
Md
101
Zinc
Zn
30
Zirconium
Zr
40
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to establish transport
					 permit standards for transporters of low-level radioactive waste (LLRW) and
					 standards for generators and transporters relating to the use of the low-level
					 radioactive waste manifest system and its recordkeeping requirements. An LLRW
					 manifest document and the New York State LLRW transport permit must accompany all
					 shipments of low-level radioactive waste while in transit into, through or within
					 New York State unless specifically exempted under this Part. The manifest
					 document will serve as a multipurpose instrument to be used for tracking,
					 auditing and enforcement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The transport
				  permit requirements of this regulation apply to all transporters, including
				  brokers/collectors of low-level radioactive waste who transport regulated waste
				  into, within or through New York State unless specifically exempted under this
				  Part. The manifest requirements of this regulation apply to New York State
				  generators and all transporters, including brokers/collectors whose shipments of
				  LLRW enter into or pass through New York State or whose shipments originate
				  within New York State.
(b) Except as
				  otherwise specifically provided, these regulations apply to all persons who
				  receive, possess, transfer or transport low-level radioactive waste; provided,
				  however, that except for section
				  381.16 
				  of this Part, nothing in these regulations applies to any U.S. Department of
				  Energy contractor or subcontractor, any U.S. Department of Defense contractor or
				  subcontractor, and any U.S. Nuclear Regulatory Commission contractor or
				  subcontractor of the following categories operating within this State, to the
				  extent that such contractor or subcontractor under their contract receives,
				  possesses, uses, transfers or acquires sources of radiation:
(1) prime contractors of the U.S. Department of
				  Energy performing work for the U.S. Department of Energy at U.S. Government-owned
				  or controlled sites;
(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;
(4) prime contractors of the U.S. Department of
				  Defense; and
(5) any other prime
				  contractor or subcontractor of the U.S. Department of Energy, the U.S. Nuclear
				  Regulatory Commission or the U.S. Department of Defense 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 the public health and safety.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.3 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
					 any person or circumstance is held invalid, the remainder of this Part and the
					 application of such provisions to persons or circumstances, other than those to
					 which it is held invalid, shall not be affected thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.4 - General definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Agreement state means any state which has entered into an effective agreement
				  with the U.S. Nuclear Regulatory Commission pursuant to section 274(b) of the
				  Atomic Energy Act of 1954, as amended. (See section
				  381.18 
				  of this Part.)
(b) Application means
				  the department's standard form for applying for a permit under this Part and any
				  information required by the department under this Part.
(c) Authorized treatment, storage or disposal
				  facility or authorized facility means a treatment, storage or disposal facility
				  which is authorized or licensed under the laws and regulations of either the
				  Federal government or the agreement state in which it is located, to accept
				  low-level radioactive waste for treatment, storage or disposal and other
				  services, including but not limited to stabilization or volume
				  reduction.
(d) Broker or collector
				  means a person (except for the generator's employees) who performs one or both of
				  the following functions for a low-level radioactive waste generator:
(1) arranges for transportation of the
				  low-level radioactive waste;
(2)
				  collects and/or consolidates shipments of such low-level radioactive waste;
				  provided it shall not mean a transporter whose sole function is to transport such
				  low-level radioactive waste.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.6 - Uniform procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The procedures applicable to the submittal and processing of
					 applications for permits, permit renewals and permit modifications, and the
					 procedures applicable to the modification, suspension and revocation of permits,
					 pursuant to this Part, are set forth in ECL, article 70 and Part 621 of this
					 Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.7 - Permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  person shall, except pursuant to and in accordance with a valid permit issued
				  pursuant to this Part:
(1) collect or remove by
				  a vehicle, any regulated low-level radioactive waste from its point of origin,
				  generation or occurrence within New York State;
(2) transport any regulated low-level
				  radioactive waste into, within or through New York State; or
(3) transport and deliver any regulated
				  low-level radioactive waste to an authorized treatment, storage or disposal
				  facility, or otherwise dispose of or relinquish possession of any regulated waste
				  other than as specified in such a permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.8 - Permit application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General.
(1) Any person who requires a permit,
				  pursuant to this Part, for the collection, removal, transport or transfer of
				  low-level radioactive waste, or for transfer incidental to transport or storage
				  incidental to transport, must apply for the permit in accordance with this Part
				  and Part 621 of this Title.
(2)
				  Applications must be completed and submitted on forms prescribed by the
				  department and must indicate:
(i) the type of
				  low-level radioactive waste involved;
(ii) vehicles that the applicant will
				  use;
(iii) any transfer or storage
				  facilities the applicant will use (except where such transfer or storage is
				  incidental to transport); and
(iv)
				  the place or places where and the manner in which the applicant will finally
				  treat, store or dispose of the collected waste.
(3) The application shall also contain such
				  analyses, plans, reports, fees, insurance certificates and other data as the
				  department may require.
(4) The
				  applicant must not indicate on their permit application a low-level radioactive
				  waste disposal site, waste processor or waste collector that is not licensed or
				  authorized by the U.S. NRC or by an agreement state at the time of permit
				  application submittal.
(5) The
				  department may require inspection of transport vehicles at reasonable times and
				  places as a condition of application approval, permit renewal or as a
				  demonstration of compliance with the ECL at reasonable intervals during the
				  permit year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.10 - Surety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				  may require a form of surety or financial responsibility from a permittee
				  acceptable in form and amount to the department, to ensure compliance with the
				  terms of the permit issued to such permittee pursuant to this Part.
(b) Any transporter carrying low-level
				  radioactive wastes in New York State shall supply evidence of security to the
				  department from a reliable insurer or surety authorized to do business in New
				  York State. Policies of insurance or surety bonds must be in a form and amount
				  specified in this subdivision, and must provide liability coverage for bodily
				  injury and property damage, including liability for environmental restoration
				  resulting from negligence in the operation, maintenance or use of any vehicle
				  involved in the transportation of low-level radioactive waste. The limits of the
				  aforementioned insurance policy or surety bond shall be:
(1) $5,000,000 for the transport of low-level
				  radioactive wastes in any vehicle which exceeds 10,000 pounds (4,545 kilograms)
				  maximum gross weight;
(2) $1,000,000
				  for the transport of low-level radioactive wastes in any vehicle which does not
				  exceed 10,000 pounds (4,545 kilograms) maximum gross weight, except that any
				  transporter who carries any highway route controlled quantity of low-level
				  radioactive waste as defined by
				  49 CFR
				  173.403 must have coverage as required pursuant
				  to
				  49 CFR
				  387.9 (see section
				  381.18
				  of this Part).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.12 - Low-level radioactive waste manifest system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No low-level radioactive waste subject to
				  the regulations in this Part may be transported or disposed of into, within or
				  through the State of New York without a completed manifest as defined in section
				  381.4(r) 
				  of this Part.
(b) All manifest
				  documents must include all information required in
				  10 CFR section
				  20.2006 and Appendix F to sections 20.1001
				  -20.2401 and
				  49 CFR
				  172.203(d). Beginning March 1,
				  1998, manifest documents must include all information required in
				  10 CFR section
				  20.2006 and Appendix G. (See section
				  381.18
				  of this Part.)
(c) Requirements for
				  New York State generators, waste collectors and processors. Generators, waste
				  collectors and processors must not:
(1) offer a
				  shipment of low-level radioactive waste for transport into, within or through New
				  York State without an accompanying manifest;
(2) deliver a shipment of low-level radioactive
				  waste to a transporter unless either:
(i) such
				  transporter has a valid permit, issued under this Part, which authorizes the
				  transport of the particular waste(s) offered for shipment to the designated
				  facility; or
(ii) the transporter is
				  otherwise exempt from the requirements of this Part; or
(3) offer for shipment or ship a low-level
				  radioactive waste into, within or through New York State to other than an
				  authorized facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.13 - Manifest requirements for transporters and brokers/collectors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All transporters
				  of low-level radioactive waste who transport waste into, within or through the
				  State of New York must obtain a valid transport permit issued pursuant to this
				  Part.
(b) Prior to shipment of
				  low-level radioactive waste off the site at which such waste was generated, the
				  transporter of such waste must:
(1) accept all
				  copies of the manifest for such shipment that are not otherwise distributed or
				  retained by the generator or processor or licensed waste collector;
(2) determine that all generator or processor
				  portions of the manifest are completed and that the generator or processor has
				  signed the generator's certification on the manifest;
(3) sign the initial transporter's
				  certification on the manifest and date the acceptance of the shipment;
				  and
(4) assure that copies of the
				  manifest are available for additional transporters if necessary.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.14 - Transfer of waste

Current through Register Vol. 46, No. 28, July 10, 2024
Transporters are permitted to transfer incidental to
					 transport, provided that:
(a) no
				  consolidation or transfer of loads occurs either by repackaging, mixing or
				  pumping from one container or transport vehicle into another;
(b) transfer of low-level radioactive waste
				  from one vehicle to another is clearly indicated on the manifest and the name of
				  each transporter using each vehicle is clearly identified; and
(c) the shipment is not an exclusive use
				  shipment, which is defined as a shipment in which the vehicle is dedicated
				  exclusively to the shipment of that LLRW, and which is reserved for the sole use
				  of a single consignor and for which all initial, intermediate and final loading
				  and unloading are carried out in accordance with the direction of the consignor
				  or consignee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.15 - Transporter recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A transporter of low-level radioactive
				  waste must keep a copy of the manifest, signed by the generator or processor, the
				  transporter and the next designated transporter or the owner or operator of the
				  authorized facility, for a period of three years from the date the waste was
				  accepted by the initial transporter.
(b) All records required under this section
				  must be furnished to the department upon request and must be postmarked within 10
				  business days of receipt of a written request by the department. Such records
				  must be made available at all reasonable times for inspection by any officer,
				  employee or representative of the department who is duly designated by the
				  commissioner.
(c) The three-year
				  period of retention referred to in this section is extended automatically during
				  the course of any unresolved enforcement action regarding the regulated activity
				  or as requested by the commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.16 - Low-level radioactive waste accidents or incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event of an accident or incident
				  involving the transport of low-level radioactive waste within the State of New
				  York, the transporter must take appropriate immediate action to protect human
				  health and the environment. Any suspected or actual uncontrolled releases of
				  radiation are to be immediately reported to the department and the New York State
				  Department of Health.
(b) A
				  transporter must take such action as may be required or approved by Federal,
				  State or local officials so that the low-level radioactive waste incident or
				  accident no longer presents a hazard to human health or the
				  environment.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.17 - Mixed wastes

Current through Register Vol. 46, No. 28, July 10, 2024
Transport of low-level radioactive waste mixed with hazardous
					 waste (as defined in Part 371 of this Title) or other regulated waste (as defined
					 in Part 364 of this Title) will require only a transport permit pursuant to this
					 Part. Mixed hazardous waste and low-level radioactive waste transported into,
					 within or through New York State will require a uniform hazardous waste manifest
					 pursuant to Part 372 of this Title and a low-level radioactive waste manifest
					 which satisfies the informational requirements established in section
					 381.12(b) 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 381 - Transporters Of Low-level Radioactive Waste › Section 381.18 - Materials incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
The following materials have been incorporated by reference
					 in this Part. These references are available for inspection and copying at the
					 Division of Solid and Hazardous Materials in the department's offices, 625
					 Broadway, Albany, NY 12233-7250, or may be obtained from the source
					 listed.
(a) Section 274 of the Atomic
				  Energy Act of 1954, as amended January 4, 1983, P.L. 97-415, section 19 (a), 96
				  Stat. 2079 (42 USC 2021).
(b) Title 49, Code of Federal
				  Regulations (CFR), part 172, section 172.203(d) and sections 172.300 -172.560,
				  dated October 1, 2004.
(c) Title 49,
				  Code of Federal Regulations (CFR), part 173, sections 173.401 - 173.478, dated
				  October 1, 2004.
(d) Title 49, Code
				  of Federal Regulations (CFR), part 177, section 177.817(e), dated October 1,
				  2004.
(e) Title 10, Code of Federal
				  Regulations (CFR), part 20, section 20.2006 and Appendix G, dated January 1,
				  2005.
(f) Title 10, Code of Federal
				  Regulations (CFR), part 61, section 61.55, dated January 1, 2005.
(g) Title 10, Code of Federal Regulations
				  (CFR), part 71, sections
				  71.0  - 71.137, dated
				  January 1, 2005.
(h) Title 49, Code
				  of Federal Regulations (CFR), part 387, section 387.9, dated October 1, 2004.
Available from the Superintendent of Documents, U.S.
					 Government Printing Office, Washington, DC 20402.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › General Provisions › Section 382.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The regulations
					 in this Part establish requirements for land disposal facilities used for
					 permanent disposal of low-level radioactive waste. Land disposal facilities that
					 meet the requirements of this Part may also be used for disposal of NARM waste
					 pursuant to Part 383 of this Title. Except for section
					 382.6(a) 
					 and section
					 382.6(c)
					 through (g)  of this Part, "Certification of
					 disposal site(s) and method(s)," and as provided in section
					 382.4,
					 "Variances and exemptions," this Part applies to any person who operates or
					 proposes to operate a land disposal facility in New York State.
(b) Section
					 382.6(a) 
					 and section
					 382.6(c)
					 through (g)  of this Part, "Certification of
					 proposed disposal site(s) and disposal method(s)," apply only to the Commission
					 for Siting Low-Level Radioactive Waste Disposal Facilities as authorized by
					 section 29-0301  of the Environmental Conservation
					 Law.
(c) The regulations in this Part
					 do not apply to:
(1) disposal of high-level
					 radioactive waste, as defined by
					 42 USC
					 10101(12) (see section
					 382.99
					 of this Part);
(2) disposal of
					 transuranic wastes;
(3) disposal of
					 the tailings or wastes produced by the extraction or concentration of uranium or
					 thorium from any ore processed primarily for its source material content in
					 quantities greater than 10,000 kilograms (approximately 11 tons) containing more
					 than five millicuries of radium-226;
(4) disposal of licensed radioactive material
					 pursuant to 6 NYCRR Part 380; or
(5)
					 disposal of naturally-occurring radioactive material unless it has been processed
					 and concentrated.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › General Provisions › Section 382.3 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance 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 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › General Provisions › Section 382.4 - Variances and exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 department may grant a variance from any of the provisions of this Part except
					 the performance objectives in sections
					 382.10  -382.15.
					 The department may grant such a variance if an applicant establishes, to the
					 satisfaction of the department, that:
(1)
					 compliance with the provision from which the variance is sought would impose on
					 the applicant or the public an unreasonable safety or economic
					 hardship;
(2) with the requested
					 variance in effect, the proposed land disposal facility would meet the
					 performance objectives in sections
					 382.10  -382.15
					 of this Part; and
(3) the requested
					 variance would have no significant adverse impact on the public health, safety or
					 welfare, the environment or natural resources, and would be consistent with the
					 provisions of the ECL and the purpose of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › General Provisions › Section 382.5 - 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 shall 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 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Performance Objectives › Section 382.10 - General requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Land disposal facilities must be sited, designed, operated,
						closed, and controlled after closure to reasonably assure that exposures to
						humans are within the limits established in the performance objectives in
						sections
						382.11
						through
						382.15 
						of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Performance Objectives › Section 382.11 - Protection of the general population from releases of radioactivity

Current through Register Vol. 46, No. 28, July 10, 2024
Concentrations of radioactive material which may be
						released to the general environment in groundwater, surface water, air, soil,
						plants or animals must not result in an annual dose exceeding an equivalent of 25
						millirems to the whole body, 75 millirems to the thyroid, and 25 millirems to any
						other organ of any member of the public. Releases of radioactivity in effluents
						to the general environment must be maintained as low as reasonably
						achievable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Performance Objectives › Section 382.12 - Protection of individuals from inadvertent intrusion

Current through Register Vol. 46, No. 28, July 10, 2024
Design, operation and closure of the land disposal facility
						must ensure protection of any individual inadvertently intruding into the
						disposal site and occupying the site or contacting the waste at any time after
						active institutional controls over the disposal site are
						removed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Performance Objectives › Section 382.13 - Protection of individuals during operations

Current through Register Vol. 46, No. 28, July 10, 2024
Operations at the land disposal facility must be conducted
						in compliance with the standards for radiation protection set out in Title 12,
						Part 38, of the Codes, Rules and Regulations of the State of New York,except for
						radiation doses governed by section
						382.11 
						of this Part. Radiation exposures must be maintained as low as reasonably
						achievable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Performance Objectives › Section 382.14 - Stability of the disposal site after closure

Current through Register Vol. 46, No. 28, July 10, 2024
The land disposal facility must be sited, designed, used,
						operated and closed to achieve long-term stability of the disposal site and to
						eliminate to the extent practicable the need for ongoing active maintenance of
						the disposal site following closure so that only surveillance, monitoring or
						minor custodial care are required.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Performance Objectives › Section 382.15 - Protection of public health and the environment

Current through Register Vol. 46, No. 28, July 10, 2024
Construction, operation, closure and the post-closure
						conditions of the land disposal facility must comply with all applicable laws and
						regulations, including but not limited to environmental, labor, and public health
						laws and regulations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Siting Criteria for Low-Level Radioactive Waste Disposal Sites › Section 382.20 - Scope, purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 382.20 through
						382.23 
						of this Part specify the minimum characteristics that a site must have to be
						acceptable for use as a land disposal facility. Any site used for aboveground or
						belowground disposal must meet the requirements of sections
						382.21
						and
						382.22.
						Any site used for an underground mined repository must meet the requirements of
						sections
						382.21
						and
						382.23.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Siting Criteria for Low-Level Radioactive Waste Disposal Sites › Section 382.21 - Siting criteria applicable to all disposal methods

Current through Register Vol. 46, No. 28, July 10, 2024
Any site used for a land disposal facility must meet the
						requirements of this section.
(a)
					 General.
(1) The site must not be located at
					 the Western New York Nuclear Service Center in West Valley, NY.
(2) The site must be capable of being licensed
					 and permitted under all applicable State and Federal laws.
(3) The primary emphasis in disposal site
					 suitability must be given to isolation of wastes, a matter having long-term
					 impacts, and to disposal site features that ensure that the performance
					 objectives of sections
					 382.10  -382.15
					 of this Part are met as opposed to short-term convenience or benefits.
(4) The site and the associated hydrology,
					 geologic formations and groundwater flow systems affecting land disposal facility
					 performance must be capable of being defensibly characterized, modeled, analyzed
					 and monitored.
(5) The site must
					 include a buffer zone which must be maintained until the end of the institutional
					 control period and of sufficient extent, considering the proposed method or
					 methods of disposals:
(i) to contain a
					 redundant monitoring system capable of detecting the failure of the disposal
					 units and to allow for any necessary mitigation or remediation;
(ii) to enable the permittee to maintain the
					 security of the site;
(iii) to
					 contribute to a desirable land disposal facility appearance; and
(iv) to meet the performance objectives of
					 sections
					 382.10  -382.15
					 of this Part.
(6) Any site
					 to be used for disposal of mixed low-level radioactive and hazardous wastes must
					 be capable of meeting the applicable provisions of article 27 of the ECL and
					 regulations promulgated pursuant thereto.
(7) The site must not be located where
					 currently existing radioactive material, including but not limited to naturally
					 occurring radioactive material, may mask the monitoring program.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Siting Criteria for Low-Level Radioactive Waste Disposal Sites › Section 382.22 - Additional siting criteria for aboveground and belowground disposal

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of section
						382.21 
						of this Part, any site used for aboveground or belowground disposal of waste must
						meet the requirements of this section.
(a) Surface waters and hydrology.
(1) The disposal site must not be in a 100-year
					 flood plain, coastal hazard area or wetland, as defined in Executive Order 11988,
					 Floodplain Management Guidelines, 42 Fed. Reg. 26951 (1977) (see section
					 382.99 
					 of this Part).
(2) The disposal site
					 must not be located in a freshwater wetland designated pursuant to ECL article
					 24, a tidal wetland designated pursuant to ECL article 25, a coastal erosion
					 hazard area identified pursuant to ECL article 34, or a flood hazard area as
					 determined by the Federal Emergency Management Agency pursuant to
					 42 USC
					 4001 et seq. (see section
					 382.99
					 of this Part).
(3) The surface
					 contours and drainage systems of the disposal site must ensure that the site is
					 well-drained and free of areas of flooding or frequent ponding at all
					 times.
(4) The site must not be
					 located in areas where the surface runoff could expose, erode or inundate the
					 disposal units.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Siting Criteria for Low-Level Radioactive Waste Disposal Sites › Section 382.23 - Additional siting criteria for underground mined repositories

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of section
						382.21 
						of this Part, any site used for an underground mined repository must meet the
						requirements of this section.
(a)
					 General. The site must include a buffer zone on all sides of the underground
					 mined repository of sufficient thickness to protect the underground mined
					 repository from accidental disturbance or penetration from outside intrusion and
					 to allow for redundant monitoring.
(b) Surface water and hydrology. The
					 underground mined repository's surface facilities must not be placed in a
					 100-year floodplain, coastal erosion hazard area, or wetland, as defined in
					 Executive Order 11988, Floodplain Management Guidelines, 42 Fed. Reg. 26951
					 (1977) (see section
					 382.99 
					 of this Part).
(c) Groundwater and
					 hydrogeology.
(1) The present and projected
					 local and regional groundwater flow systems must be capable of being defensibly
					 characterized, modeled and analyzed.
(2) The disposal site must not be located in an
					 area where subsurface hydrogeologic processes, such as dissolution, occur with
					 such frequency and extent as to adversely affect the ability of the underground
					 mined repository to meet the performance objectives of sections
					 382.10  -382.15
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Disposal Method Criteria › Section 382.30 - Scope, purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 382.30  -382.35 of this Part specify the minimum
						characteristics a disposal method must have to be acceptable for use at a land
						disposal facility. Aboveground disposal methods must meet the requirements of
						sections
						382.31
						through
						382.33 
						of this Part. Belowground disposal methods must meet the requirements of sections
						382.31,
						382.32
						and
						382.34.
						Underground mined repositories must meet the requirements of sections
						382.31
						and
						382.35.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Disposal Method Criteria › Section 382.31 - Criteria for all disposal methods

Current through Register Vol. 46, No. 28, July 10, 2024
Any method used for a land disposal facility must meet the
						requirements of this section.
(a)
					 General.
(1) Shallow land burial must not be
					 used as a disposal method.
(2) Any
					 disposal unit used for the disposal of mixed low-level radioactive and hazardous
					 wastes or for the disposal of NARM waste mixed with hazardous wastes must meet
					 the applicable requirements of Environmental Conservation Law, article 27, and
					 regulations promulgated pursuant thereto in addition to the requirements of this
					 Part.
(3) The disposal unit
					 construction methods and techniques must not adversely affect the land disposal
					 facility's ability to meet the performance objectives of sections
					 382.10  -382.15
					 of this Part.
(4) In meeting the
					 requirements of this Part, activities performed during the institutional control
					 period may not be relied upon for more than 100 years.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Disposal Method Criteria › Section 382.32 - Additional criteria for aboveground and belowground disposal

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of section
						382.31 
						and, if applicable, sections
						382.33
						and
						382.34 
						of this Part, aboveground and belowground disposal methods must meet the
						requirements of this section.
(a) The
					 disposal unit design must ensure that the geochemical interaction between the
					 disposal units and the soils with which they come into contact will not adversely
					 affect the ability of the land disposal facility to meet the performance
					 objectives of sections
					 382.10  -382.15
					 of this Part.
(b) The disposal units
					 must be placed on stable foundations such that settlement of the disposal unit
					 will not adversely affect the ability of the land disposal facility to meet the
					 performance objectives of sections
					 382.10  - 382.15
					 of this Part.
(c) The disposal units
					 must be designed to maintain their stability and containment of waste under the
					 impact of major natural phenomena which could affect the area of the land
					 disposal facility.
(d) The disposal
					 units must be designed to minimize leakage of water into the disposal units. The
					 disposal units must be designed with a system that:
(1) prevents water resulting from possible
					 leakage and internal condensation from saturating the waste; and
(2) provides for the release of such water from
					 the disposal units in a manner that will not adversely affect the ability of the
					 land disposal facility to meet the performance objectives of sections
					 382.10  -382.15
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Disposal Method Criteria › Section 382.33 - Additional criteria for aboveground disposal only

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of sections
						382.31
						and
						382.32 
						of this Part, aboveground disposal methods must meet the requirements of this
						section.
(a) The disposal units must be
					 designed to resist inadvertent intrusion. Through a combination of design and a
					 commitment to institutional control, waste disposal units intended to contain
					 only Class A wastes must resist inadvertent intrusion for a period of 100 years.
					 Disposal units intend to contain Class B wastes (alone or with Class A wastes)
					 must be designed to resist inadvertent intrusion for a period of 300 years.
					 Disposal units intended to contain any Class C waste must be designed to resist
					 inadvertent intrusion for a period of 500 years.
(b) The disposal units must maintain their
					 structural stability and containment of the waste under normal environmental
					 conditions, such as exposure to solar radiation, wind, precipitation (rain, hail,
					 snow and ice), humidity, temperature variations, freezethaw cycles, and the
					 chemical constituents in precipitation (e.g., acid rain).
(c) The disposal units must facilitate any
					 necessary remedial action during the institutional control period. This provision
					 must not adversely affect the ability of the land disposal facility to meet the
					 performance objectives of sections
					 382.10  -382.15
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Disposal Method Criteria › Section 382.34 - Additional criteria for belowground disposal only

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of sections
						382.31
						and
						382.32 
						of this Part, disposal units for belowground disposal intended to contain any
						Class C waste must be designed to resist inadvertent intrusion for a period of at
						least 500 years or must provide for the placement of Class C waste so that the
						top of the Class C waste is a minimum of five meters below the top surface of the
						cover material.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Disposal Method Criteria › Section 382.35 - Additional criteria for underground mined repository disposal

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of section
						382.31 
						of this Part, underground mined repositories used for land disposal facilities
						must meet the requirements of this section.
(a) General.
(1) Mining operations must not interfere with
					 active waste disposal operations and must not adversely affect the ability of the
					 underground mined repository to meet the performance objectives of sections
					 382.10  -382.15
					 of this Part.
(2) Mining operations,
					 (e.g., blasting) must be performed in a manner that will avoid damage to the
					 surrounding rock that could adversely affect the ability of the underground mined
					 repository to meet the performance objectives of sections
					 382.10  -382.15
					 of this Part.
(3) Any shafts, access
					 tunnels or adits and all boreholes in proximity to the underground mined
					 repository which could adversely affect the ability of the underground mined
					 repository to meet the performance objectives of sections
					 382.10  -382.15
					 of this Part must be identified and sealed with state-of-the-art
					 technologies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter C - RADIATION › Part 382 - REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES › Waste Classification and Characteristics › Section 382.81 - Waste characteristics

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The following requirements are minimum requirements for all classes of waste and
					 are intended to facilitate handling at the disposal site and provide protection
					 of health and safety of personnel at the disposal site.
(1) Waste must not be packaged for disposal in
					 cardboard or fiberboard boxes.
(2)
					 Liquid waste must be solidified or stabilized by other methods. Only those
					 methods approved by the department in the permit may be used. Liquid waste
					 packaged in absorbent materials is not acceptable for disposal.
(3) Free-standing and noncorrosive liquids in
					 solid waste and solidified or stabilized liquid waste must be minimized to the
					 extent reasonably achievable, but in no case must the amount of liquid exceed
					 one-half percent (0.5 percent) of the waste volume.
(4) Waste must not be readily capable of
					 detonation or of explosive decomposition or reaction at normal pressures and
					 temperatures, or of explosive reaction with water.
(5) Waste must not contain, or be capable of
					 generating, quantities of toxic gases, vapors or fumes harmful to persons
					 transporting, handling or disposing of the waste. This does not apply to
					 low-level radioactive gaseous waste packaged in accordance with paragraph (7) of
					 this subdivision.
(6) Waste must not
					 be pyrophoric. Pyrophoric materials contained in waste must be treated, prepared
					 and packaged to be nonflammable.
(7)
					 Waste in a gaseous form must be packaged at a pressure that does not exceed 1.5
					 atmospheres at 68° F (20° C). Total activity must not exceed 100 curies
					 per container.
(8) Waste containing
					 hazardous, biological, pathogenic or infectious material must be treated to
					 minimize the potential hazard from the nonradiological materials.