N.Y. Comp. Codes R. & Regs. tit. 10 § 16.109

Current through Register Vol. 46, No. 45, November 2, 2024

Section 16.109 - Licensees and contractors of the united states nuclear regulatory commission and the united states department of energy within the state

(a) Each person who holds a license from the United States Nuclear Regulatory Commission authorizing activities within the State shall be exempt from the requirements of this Part with respect to such activities during the period that such license is valid, provided, however, that such person:

(1) shall afford the department and health officer having jurisdiction access to all records which such person is required to maintain pursuant to the United States Nuclear Regulatory Commission's rules and regulations or pursuant to the provisions of the United States Nuclear Regulatory Commission license;

(2) shall afford the department and health officer having jurisdiction opportunity to sample effluents, and to conduct such measurement or survey of levels of radiation and radioactive contamination as will not substantially interfere with or interrupt any activities licensed by the United States Nuclear Regulatory Commission; and

(3) shall afford the department and health officer having jurisdiction access to the facilities of such person in order to accomplish the foregoing review of records, sampling of effluents and conduct of measurements or surveys.

(b) Each United States Nuclear Regulatory Commission contractor or subcontractor and each United States Department of Energy contractor and subcontractor of the following categories operating within the State shall be exempt from the requirements of this Part to the extent that such contractor or subcontractor under such contract transfers, receives, possesses or uses sources of radiation:

(1) prime contractors performing work for the United States Department of Energy at United States government-owned or controlled sites, including the 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 performing research in, or development, manufacture, storage, testing or transportation of, atomic weapons or components thereof;

(3) prime contractors using or operating nuclear reactors or other nuclear devices in a United States government-owned vehicle or vessel; and

(4) any other prime contractor or subcontractor when the State and the United States Nuclear Regulatory Commission or the United States Department of Energy jointly determine that:

(i) 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; and

(ii) the exemption of such contractor or subcontractor is otherwise appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 16.109