N.Y. Comp. Codes R. & Regs. tit. 6 § 381.2

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

Section 381.2 - Applicability

(a) The transport permit requirements of this regulation apply to all transporters, including brokers/collectors of low-level radioactive waste who transport regulated waste into, within or through New York State unless specifically exempted under this Part. The manifest requirements of this regulation apply to New York State generators and all transporters, including brokers/collectors whose shipments of LLRW enter into or pass through New York State or whose shipments originate within New York State.

(b) Except as otherwise specifically provided, these regulations apply to all persons who receive, possess, transfer or transport low-level radioactive waste; provided, however, that except for section 381.16 of this Part, nothing in these regulations applies to any U.S. Department of Energy contractor or subcontractor, any U.S. Department of Defense contractor or subcontractor, and any U.S. Nuclear Regulatory Commission contractor or subcontractor of the following categories operating within this State, to the extent that such contractor or subcontractor under their contract receives, possesses, uses, transfers or acquires sources of radiation:

(1) prime contractors of the U.S. Department of Energy performing work for the U.S. Department of Energy at U.S. Government-owned or controlled sites;

(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;

(4) prime contractors of the U.S. Department of Defense; and

(5) any other prime contractor or subcontractor of the U.S. Department of Energy, the U.S. Nuclear Regulatory Commission or the U.S. Department of Defense 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 the public health and safety.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.2