Article 175 - Radiation Control
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
New York State is an Agreement State, meaning that New York State and the United States Nuclear Regulatory Commission (NRC) have entered into an agreement under the Atomic Energy Act through which the NRC has delegated authority to the State to regulate radioactive material at non-reactor sites within its jurisdiction.1 The New York State Agreement is comprised of the regulatory programs of three agencies:
1.the New York State Department of Health,
2.the New York State Department of Environmental Conservation, and
3.the New York City Department of Health and Mental Hygiene.
Under the Agreement and section 16.1 of the State Sanitary Code, the New York City Department of Health and Mental Hygiene, through its Office of Radiological Health (ORH), regulates radioactive material for medical, research and academic purposes within the five boroughs of New York City.
ORH regulations for radioactive material are contained in Article 175 of the Health Code. ORH licenses and inspects radioactive materials facilities for compliance with Article 175 for the protection of the health and safety of patients, radiation program employees and the general public. There are about 375 licensed sites in New York City possessing radioactive material for medical, academic and research purposes. ORH inspects these facilities once every 1, 2 or 3 years depending on the type of use.
Each Agreement State program is required to maintain compatibility with the NRC regulatory program. NRC Compatibility Categories specify the type of wording of proposed State program regulatory changes corresponding to relevant NRC regulations. The following are the NRC Compatibility Categories:
• Compatibility A – Identical
• Compatibility B – Essentially Identical
• Compatibility D – Not required for compatibility
• Compatibility H&S – Recommended for Health and Safety “best practices”
The majority of proposed changes in this Notice are Compatibility A and B. Some are compatibility C and H&S.
These proposed technical amendments to Article 175 are in response to NRC amendments of 10 CFR Part 20, concerning standards of protection for radiation, and 10 CFR § 19.13, regarding notification and reporting to individuals who are exposed to radiation as part of their employment, and are indicated in NRC Regulation Amendment Tracking Sheets (RATS) 1998-5, 1998-6 and 2008-1, available online at http://nrc-stp.ornl.gov/rss_regamendents.html. The provisions in Article 175 that require amendment are §§175.02 (Definitions), 175.03 (Standards for protection against radiation), 175.04 (Notices, instructions and reports to workers; inspections) and 175.104 (Waste disposal).
At its meeting on June 28, 2013, the Board of Health adopted a resolution that included amendments to §§ 175.02 and 175.04 that renumbered portions of those sections which are also proposed to be amended below. The amendments proposed below reflect Article 175 of the Health Code as it exists at the time this proposal was approved for publication, and do not yet reflect the changes approved for adoption on June 28, 2013.
1 New York State’s agreement with NRC is available online at, http://nrc-stp.ornl.gov/special/regs/nyagreements.pdf.
Please see the attached .pdf file for the complete text of the proposed rule.