Statewide - 6 NYCRR Part 384 – Criteria for Decommissioning of Radioactive Materials Licensed Sites

Public Notice

6 NYCRR Part 384 - Criteria for Decommissioning of Radioactive Materials Licensed Sites

Notice of Proposed Rule Making

Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) published a Notice of Proposed Rule Making with the New York State Department of State July 17, 2024, to amend 6 NYCRR Part 384.

This rulemaking proposes to adopt Part 384 entitled "Criteria for Decommissioning of Radioactive Materials Licensed Sites" to set criteria for decommissioning which are at least as stringent as the federal License Termination Rule. The criteria are defined in terms of the maximum allowed dose to a member of the public due to residual concentrations of radioactive material in soil and groundwater following decommissioning.

Notice of Public Comment Hearing

Two virtual public comment hearings for the proposed rule will be held on September 17, 2024, before Administrative Law Judge (ALJ) Jennifer Ukeritis via WebEx electronic webinar as follows and accordingly is reasonably accessible to persons with impaired mobility:

Date: September 17, 2024
Time: 2:00 p.m.
Registration Link: https://forms.office.com/g/MxfFL7gKux

Date: September 17, 2024
Time: 6:00 p.m.
Registration Link: https://forms.office.com/g/MxfFL7gKux

Persons wishing to comment on the proposed rulemaking at the virtual hearing on September 17, 2024, must register to speak no later than 4:00 p.m. on September 16, 2024. The ALJ may limit the amount of time each speaker has to comment to ensure that all individuals have an opportunity to be heard. Any person may listen to the hearing by phone without pre-registration. This hearing will be held virtually on WebEx. Instructions for attending the September 17, 2024 hearings will be emailed to those that register and will be also be posted as soon as available on the NYS DEC's rule making web page: https://dec.ny.gov/regulatory/regulations/proposed-emergency-recently-a… check the rule making webpage at least one week prior to the hearing.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has registered to speak in the order in which they registered. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. We recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided below. Equal weight will be given to oral and written comments. The hearing will be recorded for inclusion in the record.

Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request. Requests should be received by September 4, 2024, but NYS DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYS DEC Division of Communication, Education, and Engagement, either by mail: NYS DEC, 625 Broadway, Albany, NY 12233-4500, or by e-mail: [email protected].

Notice of Public Comment Period

The public comment period on the rule making concludes on September 24, 2024.

Written statements must be submitted to and postmarked by September 24, 2024:

Department of Environmental Conservation
625 Broadway
Albany, NY 12233-7256
Attention: Thomas Papura

Email: [email protected]. Please include Part 384 in the subject line of the email. Written statements must be submitted to the DEC by 5 p.m. on September 24, 2024.

Environmental and Regulatory Impact Review

NYS DEC has determined that the proposed rulemaking will not have a significant adverse environmental impact. NYS DEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedures Act.

Available Documents

Copies of the documents for the proposed rule making described above, along with the Express Terms (text of proposed rule), are available on the DEC website at https://www.dec.ny.gov/regulations/propregulations.html or by contacting the NYS DEC listed below.

Authority

NYS DEC is conducting the rule making proceedings, including the above-mentioned public hearing, pursuant to New York State Environmental Conservation Law § sections 3-0301(l)(i), 3-0301(2)(a) and (m), 17-0101, 17-0301, 17-0303, 19-0301, 27-0501, 27-0703, 27-1313, 27-1315, and 71-3601.

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