New Amendments Take Effect May 10, 2018

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced amendments to the State’s regulations governing the Prevention and Control of Environmental Pollution by Radioactive Materials, more commonly referred to as Part 380. The adopted amendments strengthen regulations to safeguard the state's natural resources caused by the discharge and release of radioactive material to the environment.

Commissioner Seggos said, “New York State is setting the national standard for strategies to manage and reduce radioactive material to protect public health and New York’s natural resources. These amendments are strengthening safeguards against exposure to harmful radioactive material and build on Governor Cuomo’s commitment to protecting our communities and the environment.”

Part 380 rules apply to all State-regulated persons that dispose of or release radioactive material to the environment and sets stringent standards on the specific types of permitted radioactive releases and acceptable methods of disposal. The new rules take effect May 10, 2018 and incorporate federal rule changes to clarify and improve existing regulations. The amendments include:

• Requiring additional information in permit applications to assist DEC in the thorough review of all required permits.

• Updating several provisions to maintain compatibility with federal regulations issued by the Nuclear Regulatory Commission, including the addition of a 10 millirem constraint on airborne emissions, a requirement which has been implemented for several years through Radiation Control Permit conditions.

• Strengthening reporting requirements to ensure DEC is alerted about incidents quickly.  

• Updating language, including minor revisions to several definitions.
  
  
• Clarifying that certain types of radioactive materials are not subject to Part 380, such as household waste containing excreted residues of radiopharmaceuticals and intact smoke detectors. 
  
  
• Expanding specific categories of wastes to include animal bedding that meets certain criteria, to simplify waste management practices and eliminate the need to treat animal bedding as radioactive waste.

• Adding two radionuclides (N-13 and O-15) to the tables of effluent concentrations.

As part of DEC’s comprehensive review, public outreach was conducted to stakeholders including a public availability session and legislative public hearing on the proposed amendments, which was held in Albany on May 25, 2017. Additionally, to ensure ample time for the public to participate in the process, the public comment period was extended to July 5, 2017, 30 days beyond the initial 60-day comment period. Comments received both at the public hearing and in writing during the comment period were carefully considered as part of the amendment process. An Assessment of Public Comment was prepared to address the comments received during the public comment period. 

The final rule making documents, including the Assessment of Public Comment, are available on DEC’s web site at http://www.dec.ny.gov/regulations/106149.html.