N.Y. Comp. Codes R. & Regs. tit. 6 § 382.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 382.1 - Applicability

(a) The regulations in this Part establish requirements for land disposal facilities used for permanent disposal of low-level radioactive waste. Land disposal facilities that meet the requirements of this Part may also be used for disposal of NARM waste pursuant to Part 383 of this Title. Except for section 382.6(a) and section 382.6(c) through (g) of this Part, "Certification of disposal site(s) and method(s)," and as provided in section 382.4, "Variances and exemptions," this Part applies to any person who operates or proposes to operate a land disposal facility in New York State.

(b) Section 382.6(a) and section 382.6(c) through (g) of this Part, "Certification of proposed disposal site(s) and disposal method(s)," apply only to the Commission for Siting Low-Level Radioactive Waste Disposal Facilities as authorized by section 29-0301 of the Environmental Conservation Law.

(c) The regulations in this Part do not apply to:

(1) disposal of high-level radioactive waste, as defined by 42 USC 10101(12) (see section 382.99 of this Part);

(2) disposal of transuranic wastes;

(3) disposal of the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content in quantities greater than 10,000 kilograms (approximately 11 tons) containing more than five millicuries of radium-226;

(4) disposal of licensed radioactive material pursuant to 6 NYCRR Part 380; or

(5) disposal of naturally-occurring radioactive material unless it has been processed and concentrated.

(d) Compliance with these regulations does not relieve the commission or the owners or operators of the disposal facility from other applicable State and Federal laws and regulations.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 382.1