N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 380-1.2

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

Section 380-1.2 - Applicability

(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.

(h) This Part applies to any person who owns or maintains a site containing buried radioactive material.

(i) This Part does not apply to persons who dispose of or release the following radioactive materials:

(1) intact smoke detectors containing Am-241 sources manufactured and distributed in accordance with a radioactive material license; or

(2) household solid waste containing excreted residues of radiopharmaceuticals that were administered to an individual in accordance with a radioactive material license.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 380-1.2

Amended New York State Register April 25, 2018/Volume XL, Issue 17, eff. 5/10/2018