N.Y. Comp. Codes R. & Regs. tit. 6 § 381.5

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

Section 381.5 - Exemptions

(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.

(f) Exemptions granted from the permit and manifest provisions of this Part shall not constitute an exemption from the provisions of Part 364 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.5