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 381.5 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner
				  may exempt a person from the permit or manifest requirements of this Part upon a
				  showing by such person that compliance with the requirements would create a
				  business hardship on his/her own business activities and that they can comply
				  with the requirements of this section.
(b) No exemption will be granted for a person
				  engaged in the transportation of low-level radioactive waste except upon a
				  determination that, based upon the characteristics including physical and
				  chemical form, half life, concentration, activity and toxicity of the specific
				  low-level radioactive waste transported, such transport imposes no potential
				  significant adverse impact on public health, safety or welfare, the environment
				  or natural resources as determined by the department in consultation with the New
				  York State Department of Health.
(c)
				  Any person granted an exemption must comply with any other conditions as
				  specified by the commissioner. Such exemptions will be reviewed periodically as
				  specified by the commissioner at least once every two years. Any exemption
				  granted hereunder may be revoked after due notice and opportunity for hearing for
				  a violation of any provision of ECL, article 27, title 3, or other applicable
				  laws, rules or regulations relating to the transportation of regulated wastes or
				  upon a showing that the exempted person no longer meets the requirements of this
				  section for exemption.
(d) Any
				  exemption granted hereunder does not relieve the transporter of low-level
				  radioactive waste from any obligations or responsibilities required by Federal
				  laws, rules or regulations.
(e)
				  Persons transporting low-level radioactive waste within New York State may apply
				  for an exemption if they can demonstrate compliance with subdivisions (a) and (b)
				  of this section and the following:
(1) the
				  applicant is a licensee of the U.S. Nuclear Regulatory Commission, the New York
				  State Department of Health, New York State Department of Labor, or the New York
				  City Department of Health;
(2) the
				  waste to be transported is Class A waste as defined by the U.S. Nuclear
				  Regulatory Commission in
				  10 CFR 61.55
				  (see section
				  381.18
				  of this Part);
(3) the transport will
				  be between premises which are controlled by the licensee, and will be transported
				  by a vehicle owned by the licensee, and the regulated waste is not being
				  transported to an authorized facility, a licensed waste collector, or a licensed
				  waste processor; and
(4) the total
				  activity contained in a shipment does not exceed A2/100, where A2 is the activity
				  defined in
				  49 CFR
				  173.435.
Requests for exemptions should be sent to the New York State
					 Department of Environmental Conservation, Division of Solid and Hazardous
					 Materials, 625 Broadway, Albany, NY 12233-7250. Requests for exemptions will be
					 considered on a case-by-case basis.