Radiation

Program Policy 5 - Management of Soils Contaminated with Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM)

DEC has issued the Division of Materials Management Program Policy 5 - Management of Soils Contaminated with Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) (DMM-5). DMM-5 identifies the process and criteria to be used to evaluate Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) or fill and provides guidelines to DEC program staff, property owners, project sponsors and the public on how to appropriately handle identified or suspected TENORM material or fill encountered during construction or earthwork projects.

• View DMM-5 Policy (PDF)
• View DMM-5 Environmental Assessment Form (PDF)
• View DMM-5 Coastal Assessment Form (PDF)

Outreach Information

Stakeholder Meeting

A virtual stakeholder meeting was conducted on August 15, 2023.

The Environmental Radiation Program Policy stakeholder meeting discussed the new proposed program policy, DMM5 - Management of Soils Contaminated with Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM).

This meeting was conducted virtually -- watch recording

Radiation Regulations

Prevention and Control of Environmental Pollution by Radioactive Materials

6 NYCRR Part 380 requires parties who discharge radioactive material to keep records of the radioactive material discharged to the environment and to maintain those discharges as low as reasonably achievable. The regulation sets radiation dose limits and emission levels above which a party must obtain a radiation control permit from DEC. Permittees include industrial, research, medical, radiopharmaceutical, and wastewater treatment facilities. DEC staff perform regular, unannounced inspections of all Part 380 permittees. NOTE: Amendments to Part 380 were adopted, effective May 10, 2018. See below for details and link to the amended Express Terms.

Radiation Control Permits - Application Guides

The following guides were updated in April 2018 and pertain to Part 380 and Radiation Control Permits.

• How the Part 380 Regulations Apply to Me (PDF, 172 KB)
• Permit Application Guide for Emission of Radioactive Material in Effluents to Air (PDF, 231 KB)
• Demonstrating Compliance with the Public Dose Limits in Part 380 (PDF, 155 KB)
• Review of Atmospheric Transport and Dispersion Models Used for Dose Assessment (PDF, 208 KB)
• Supplemental Information for Cyclotron Production Facilities (PDF, 183 KB)
• Permit Application Guide for Discharges of Radioactive Material in Effluents to Ground or Surface Water (PDF, 172 KB)
• Permit Application Guide for Non-Commercial Incineration of Radioactive Material (PDF, 180 KB)
• Permit Application Guide for Use of Radioactive Material in the Environment (PDF, 156 KB)
• Permit Application Guide for Use of Radioactive Proppant Particles in Deep Well Tracer Studies (PDF, 122 KB)

Additional Documents & Guides

• Short Environmental Assessment Form (EAF)
• What to Expect During Part 380 Compliance Inspections (PDF, 87 KB)

Amendments to 6 NYCRR Part 380 - Effective May 10, 2018

DEC has adopted amendments to 6 NYCRR Part 380 to incorporate eight federal rule changes that have occurred from 1991 through 2008, and to clarify and improve the existing regulation. Details are available on the Part 380 rule making page which has links to the final Part 380 Express Terms (effective May 10, 2018) and revised supporting rule making documents, including the Assessment of Public Comment.

Transportation and Disposal of Low-Level Radioactive Waste

Under the State low-level radioactive waste (LLRW) Management Act of 1986, DEC was charged with permitting and regulating LLRW disposal facilities.

6 NYCRR Part 381 requires transporters of LLRW to obtain a permit from DEC and submit LLRW manifests. DEC administers this permitting and manifest tracking system, and DEC handles all new permits and permit modifications.

6 NYCRR Part 382 contains requirements for LLRW site and method selection.

6 NYCRR Part 383 applies to LLRW facility design, construction, operation, closure, post-closure, and institutional control. Part 383 includes requirements for financial assurance, site monitoring, and emergency response planning.

Currently, there are no LLRW disposal facilities operating in New York State.

Rulemaking Initiatives

DEC is undertaking two rulemaking initiatives to make DEC's regulations compatible with those of the Nuclear Regulatory Commission. Specifically, DEC expects to propose (1) a new 6 NYCRR Part 384 - Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material, and (2) amendments to existing 6 NYCRR Part 381 - Transporters of Low-Level Radioactive Waste regulations.

Virtual stakeholder meetings were conducted on October 19, 2022. Recordings of the two meetings can be found below:

• 1 PM Virtual stakeholder meeting - Play recording here
• 6 PM Virtual stakeholder meeting - Play recording here

Virtual stakeholder meeting presentation slides (PDF)

For more information: Thomas Papura, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7255 or e-mail to [email protected]. Please include "Part 384" or "Part 381" in the subject line of the email as appropriate.

Site Investigation and Remediation

DEC monitors the remediation of sites contaminated with radioactive material in accordance with DEC's Cleanup Guideline for Soils Contaminated with Radioactive Materials (DER-38).

Federal Resources & Guides

• NRC Regulatory Guide 4.20, "Constraint on Releases of Airborne Radioactive
  Materials to the Environment for licensees other than Power Reactors" (PDF)
• NRC Regulatory Guide 8.37, "ALARA levels for Effluents from Materials Facilities" (PDF)
• NRC Information Notice No. 96-28: Suggested Guidance Relating to Development and Implementation of Corrective Action (PDF)

Radiation Monitoring of Non-Radioactive Waste

Staff in the radiation program work with DEC's solid waste, hazardous waste, and regulated medical waste (RMW) programs to prevent the unauthorized disposal of regulated radioactive material at RMW treatment facilities, resource recovery facilities, landfills, and steel smelters. DEC staff work with these facilities to promote the use of effective radiation monitoring where needed and appropriately respond when radioactive material is detected at the facilities.