1. Licensing.

Each code specifies that no person shall transfer, receive, possess or use any byproduct material, source material or special nuclear material in quantities not sufficient to form a critical mass without a license (or permit, as termed in the New York City Health Code) from the appropriate department. The New York City Health Code additionally requires a permit for all other radioactive materials, except as specified.

Exemptions from the licensing requirement are provided in all three codes for certain quantities of byproduct and source material and for certain devices which, however, are subject to the radiation protection standards within each code and to specified conditions. The use and possession of these items are thus regulated in a similar manner as generally licensed items under Commission regulations, although the term "general license" is not used in the codes.

Also exempt from the licensing requirements are certain luminous devices, concentrations of radioactive material, natural ore containing source material, items containing less than 0.05 percent source material, certain products, certain radoactive materials of specified radioactivity, and certain radiation equipment. These items, as they are under Commission regulations, are completely exempt from the requirements of other provisions of the codes, but, in some cases, are subject to specified conditions.

Exemptions are also provided for radioactive materials to the extent that such materials are subject to regulation as provided for by law by the State Public Service Commission, Interstate Commerce Commission, the Coast Guard, the Civil Aeronautics Board and the Post Office Department, although such materials will still be subject to the transportation provision of the New York City Health Code.

A single license application form, applicable to all radioactive materials subject to licensing, will be used by all three departments. In addition, applicants for licenses covering human use will be required to submit an appendix to the application, generally similar to AEC Form 313a. Instructional documents specifying additional information required will be provided to applicants for licenses covering multiple quantities or types of unsealed radioactive materials, manufacturing of devices, or industrial radiography. The information required from such applicants is similar to that required by present Commission regulations. Other application forms and instructional documents will be developed as the need arises.

A license applicant will be required to demonstrate that his proposed use, equipment, facilities, procedures and personnel are adequate to protect public health and safety and to minimize danger to life and property from radiation hazards prior to the issuance of a license. Prelicensing evaluation of applications will include inspections, as warranted in appropriate cases.

The codes incorporate certain conditions into each license and additional conditions may be set forth or incorporated by reference in each license at any time. The codes specify the manner in which licenses may be renewed, amended, suspended or revoked.

Upon the effective date of each amended code, the holder of a specific license heretofore issued by the U.S. Atomic Energy Commission will be deemed to hold an identical license pursuant to the appropriate code, which license shall expire upon the expiration date specified in the license or ninety days after receipt of a notice of expiration from

the appropriate department. Each such licensee is requird to comply with the conditions of his license and of the appropriate code.

Each code permits certain holders of licenses issued by the U.S. Atomic Energy Commission or any state which has entered into an effective agreement with the Commission to use the licensed radioactive materials within the jurisdiction of each department for a limited period of time without obtaining an additional license. Such users will be required to file certain information, including a copy of the license, with the appropriate department prior to use, although oral notification may be acceptable at the discretion of the department. Such users will be subject to the regulations of the appropriate department.

No fees will be charged under the State Sanitary Code or Industrial Code. Under the New York City Health Code a fee of $15 will be charged for each initial permit and of $10 for each renewal. No person will be required to pay a plurality of fees for a single installation. Accordingly, if a permit applicant currently holds a valid permit for activities at the same installation, or has registered such installation, no additional fee will be payable.

2. Registration.

Radiation-producing equipment within the state will continue to be subject to registration provisions except as may be specified in each code. Radioactive materials other than agreement materials will continue to be subject to registration provisions under the State Sanitary Code and State Industrial Code except as may be specified. With certain limited exceptions, radioactive materials are not subject to registration under the New York City Health Code, which requires licensing of all materials.

Registrants will be required to notify the appropriate department of changes in registered information. Registrations will be valid indefinitely under the State Sanitary Code and State Industrial Code but will be subject to renewal every two years under the New York City Health Code.

3. Enforcement.

In addition to inspections conducted for the purpose of evaluating the program proposed in a license application, inspections will also be conducted of all licensed and registered installations on a periodic basis. The frequency of inspections will depend on the relative hazards associated with the source of radiation and how it is to be used. When warranted immediate inspections will be conducted of especially significant registered installations. An evaluation will be made of all reported radiation incidents and an inspection will be conducted of all incidents that are considered to present significant radiation hazards.

While inspections may vary in scope, they will be sufficiently comprehensive to determine whether the licensee or registrant is complying with the appropriate regulatory requirements. An inspection will usually entail a comprehensive review of the licensee's or registrant's facilities, equipment, training and qualifications of personnel, and operating procedures, including handling, storage and disposal of radiation sources, survey and monitoring practices, labeling of sources, posting and control of areas, etc. In addition to observing operations, personnel will be interviewed and pertinent records examined. When appropriate, an inspection may include independent measurements and evaluations of radiation levels and concentrations of radioactive materials.

The State Board of Standards and Appeals is by law required to hold public hearings prior to modifying the State Industrial Code. Neither the State nor New York City Departments of Health is required by law to hold public hearings with respect to any modifications of its regulations, but each may do so at its discretion, although customary practice would be to obtain the advice and comments of interested groups and persons.

The State Sanitary Code provides for a public hearing upon timely request by an applicant if his license application is disapproved. Except in any case of wilfulness or in which the public health or safety requires otherwise, licenses may not be amended, suspended or revoked, nor may additional requirements be imposed nor radioactive material required to be surrendered without either obtaining the consent of the person involved or notifying such person of the contemplated action, giving him a reasonable opportunity to demonstrate or achieve compliance with all lawful requirements, and granting a public hearing upon request.

Actions taken by the State Industrial Commissioner are subject to review by the State Board of Standards and Appeals under the State Labor Law. In addition, the Industrial Code requires that, except where action is needed to secure safety, the Comissioner shall not suspend, revoke or restrictively amend a license without first giving the licensee reasonable notice and an opportunity to be heard.

Under section 5.19 of the New York City Health Code, whenever the City Commissioner of Health suspends, revokes, or refuses to issue or renew a permit, the aggrieved party may appeal such action to the Board of Health of the Department of Health of the City of New York. Under section 3.03 of the Code, except where the public health requires immediate action, the Department may not seize, embargo, condemn, destroy, render harmless or otherwise dispose of any material until the owner or person in control is notified and is given an opportunity to be heard by such personnel of the Department as the Commissioner may designate. A similar notice and opportunity to be heard must be granted under section 175.11 (e) of the Code prior to the issuance of any order requiring a person to take additional precautions and procedures to protect public health and safety, except where immediate action is required.

Article 78 of the State Civil Practice Act provides a method of review in the courts, under certain circumstances, of the actions of each of the three regulatory department.

5. Coordination.

Coordination of the State program for the control of radiation hazards is facilitated through the direct functions of the State Office of Atomic Development. All agencies and political subdivisions of the State are required to keep the Director of the Office fully and currently informed as to their activities relating to atomic energy or ionizing radiation. The State Atomic Energy Law also provides that no rule, regulation or ordinance or amendment thereto or repeal thereof, primarily and directly relating to atomic energy, shall become effective until ninety days after it has been submitted to the Director of the Office, unless either the Governor or the Director waives such waiting period.

The State Atomic Energy Law also established the New York State Atomic Energy Coordinating Council. The Coordinating Council has

been functioning since 1959, and its recommendations have been instrumental in developing the present program.

To effect maximum coordination of the licensing of radioactive materials within the State, the Coordinating Council has established a Committee on Licensing to be advisory to the regulatory departments. The Committee will receive and forward to the appropriate department for processing all applications for licenses. In questionable cases, the Committee can be called on to resolve jurisdictional questions and to submit to the appropriate department a recommendation on the merits of issuing a license. The voting membership of the Committee consists of the Director of the Office of Radiation Control, New York City Department of Health; the Special Assistant for Radiological Health, State Department of Health; and the Director of the Division of Indusrial Hygiene, State Department of Labor. The Nuclear Health Physicist of the Office of Atomic Development acts as secretary of the Committee.