N.Y. Comp. Codes R. & Regs. tit. 21 § 502.3

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

Section 502.3 - Reports

(a) No later than March 1st of each year, each generator shall submit to the director a report (one copy), containing the information set forth in subdivision (c) of this section, for the preceding calendar year; provided, that if a generator generated low-level radioactive waste at facilities located more than 25 miles apart, or at facilities located 25 miles or less apart for which separate authorizations are held, issued by the operator of a licensed LLRW disposal facility (e.g., site use permit) or the host state in which a licensed LLRW disposal facility is located, which authorize transfer of LLRW to a licensed LLRW disposal facility, the generator shall submit a separate report (one copy) for each such facility.

(b) In the event two or more persons are generators with respect to the same low-level radioactive waste (for instance, because of their relationship as employer and employee or principal and agent), those persons shall designate between or among themselves one person who shall submit the report required by this section. The designee shall indicate on the report required by this section the identities of each of the other generators who are not submitting the report, and the nature of the relationships between or among the designee and such other generators. Notwithstanding the foregoing provisions of this subdivision, an employer may submit the report on behalf of its employees, and a medical institution or university may submit the report on behalf of its physicians, interns, staff, or students who generate LLRW as independent contractors to such medical institution or university, without identifying the employees, physicians, interns, staff, or students on behalf of whom the report is submitted.

(c) Each report shall contain the following information:

(1) calendar year reporting period;

(2) name, principal office address (and, if different, address of the facility at which LLRW was generated), e-mail address, if available, and telephone number of the generator;

(3) type of generator (e.g., medical, university, industrial, electric utility, or governmental) and a description of the activity, process, or use of radioactive material which results in the generation of LLRW;

(4) the information with respect to other generators, if applicable, described in subdivision (b) of this section;

(5) name, title, e-mail address, if available, and telephone number of the individual who prepared the report;

(6) identification of any and all radioactive material and nuclear facility licenses issued by the United States Nuclear Regulatory Commission, the New York State Department of Health, or the New York City Department of Health and Mental Hygiene under which LLRW is generated, including identification of the respective licensing agency;

(7) identification of any and all authorizations held by the generator, issued by the operator of a licensed LLRW disposal facility (e.g., site use permit) or the host state in which a licensed LLRW disposal facility is located, which authorize transfer of LLRW to its respective licensed LLRW disposal facility;

(8) details regarding LLRW transferred, either directly or through a broker or agent, for disposal at a licensed LLRW disposal facility during the reporting period, including:

(i) the total volume, volume by class, and activity by radionuclide and class;

(ii) the types and specifications of individual containers used and the number of each type transferred for disposal;

(iii) the maximum surface radiation exposure level on any single container of LLRW transferred, the number of disposal containers with surface radiation exposure levels that exceed 200 mR/hour, and the identification of the contents of each such container by volume, class, and activity by radionuclide;

(iv) the volume of Class A LLRW that meets the United States Nuclear Regulatory Commission stability requirements, as set forth in section 61.56(b) of title 10, Code of Federal Regulations;

(v) the identification of each licensed LLRW disposal facility to which LLRW was transferred, either directly or through a broker or agent, and the volume and activity by class of LLRW transferred to each licensed LLRW disposal facility;

(vi) the identification of all brokers or agents to which LLRW was transferred, the volume and activity by class of LLRW transferred to each, and the volume and activity by class of the generator's LLRW transferred by each such broker or agent to each licensed LLRW disposal facility;

(vii) the weight of source material by type (e.g., natural uranium, depleted uranium, or thorium);

(viii) the total number of grams of special nuclear material by radionuclide, and the maximum number of grams of special nuclear material in any single shipment by radionuclide;

(ix) as complete a description as practicable of the principal chemical and physical form of the LLRW by volume and radionuclide, including the identification of any known hazardous properties, other than its radioactive property;

(x) for solidified or sorbed liquids, the nature of the liquid, the solidifying or sorbing agent used, and the final volume;

(xi) for LLRW containing more than 0.1 percent by weight chelating agents, the identification of the chelating agent, the volume and weight of the LLRW and the weight percentage of chelating agent; and

(xii) Where LLRW identified in this paragraph was treated, either by the generator or its agent or independent contractor, in preparation for transfer to a licensed LLRW disposal facility, to reduce its volume or activity (including reduction by storage for decay) or to change its physical or chemical characteristics (other than by solidification or sorption of liquids as addressed in subparagraph (x) of this paragraph, a description of the treatment process and the generator's best estimate of the effectiveness in terms of the quantitative volume or activity reduction, or in quantitative or other relevant terms for changes in physical or chemical characteristics, as applicable;

(9) the radionuclides originally contained in any LLRW generated during the reporting period which was held for decay and disposed of as nonradioactive waste;

(10) a description, including, but not limited to, the capacity in terms of volume of LLRW, of any facilities or parts thereof which the generator has dedicated to the storage of LLRW for periods in excess of 90 days prior to transfer, either directly or through a broker or agent, to a licensed LLRW disposal facility, and the volume of LLRW stored by the generator in such facilities at the end of the reporting period;

(11) the volume, volume by class, and activity by radionuclide and class of that LLRW, if any, which the generator is holding at the end of the reporting period because the generator knows or has reason to believe that LLRW will not be accepted for disposal at any of the licensed LLRW disposal facilities, and a description of the LLRW and the reason it is known or believed to be unacceptable for disposal at any of the licensed LLRW disposal facilities; and

(12) an estimate of the period of time the generator could store its LLRW at its facilities without disruption of its LLRW generating activities, should the generator be unable to transfer LLRW, either directly or through a broker or agent, to a licensed LLRW disposal facility.

(d) In addition to the information required by subdivision (c) of this section, each report shall contain the generator's best estimate in terms of total volume, and volume and activity by class and radionuclide, of LLRW that the generator expects to transfer to licensed LLRW disposal facilities in each of the next five calendar years.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 502.3