The Commission will use its best efforts to cooperate with the State and other agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that State and Commission programs for protection against hazards of radiation will be coordinated and compatible. The State will use its best efforts to cooperate with the Commission and other agreement States in the formulation of standards and regulatory programs of the State and the Commission for protection against hazards of radiation and to assure that the State's program will continue to be compatible with the program of the Commission for the regulation of like materials. The State and the Commission will use their best efforts to keep each other informed of proposed changes in their respective rules and regulations and licensing, inspection and enforcement policies and criteria, and to obtain the comments and assistance of the other party thereon. ARTICLE VI The Commission and the State agree that it is desirable to provide for reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any agreement State. Accordingly, the Commission and the State agree to use their best efforts to develop appropriate rules, regulations, and procedures by which such reciprocity will be accorded. ARTICLE VII The Commission and the State recognize that the limits on their respective rights, powers and responsibilities under the Constitution, with respect to protection against radiation hazards arising out of the activities licensed by the Commission within the State, are not precisely clear. The Commission and the State agree to work together to define, within a reasonable time, the limits of, and to provide mechanisms for accommodating, such responsibilities of both parties. Without prejudice to the respective rights, powers and responsibilities of Federal and State authority, the State undertakes to obtain promptly and to maintain in effect while such cooperative endeavors are in progress, a modification of the Health, Sanitary and Industrial Codes which are to become effective within the States as of October 15, 1962, so as to exempt (except for registration; notification; inspection, not including operational testing but including sampling which would not substantially interfere with or interrupt any Commission licensed activities; and routing and scheduling of material in transit) licensees of the Commission from so much of such Codes as pertain to protection against radiation hazards arising out of activities licensed by the Commission within the State. While such cooperative endeavors are in progress, the existence or non-existence of the exemptions and exceptions and exceptions referred to above shall not prejudice the exercise by the Commission or the State, in an emergency situation presenting a peril to the public health and safety, of any constitutional rights and powers the Federal Government or the State may have now or in the future. If such cooperative endeavors do not result in a definition, within a reasonable time, of the limits of, and provision of mechanisms for accommodating, the responsibilities of the Commission and the State with respect to protection against radiation hazards arising out of the activities licensed by the Commission within the State, then the existence or nonexistence of the exemptions and exceptions referred to above shall not prejudice the exercise by the Commission or the State of any constitutional rights and powers the Federal Government or the State may have now or in the future. ARTICLE VIII The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of the State, may terminate or suspend this Agreement and reassert the licensing and regulatory authority vested in it under the Act if the Commission finds that such termination or suspension is required to protect the public health and safetv. ARTICLE IX This Agreement shall become effective on October 15, 1962, and shall remain in effect unless, and until such time as it is terminated pursuant to Article VIII. Done at Washington, District of Columbia, in triplicate, this 15th day of October, 1962. FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Done at Albany, State of New York, in triplicate, this 15th day of October, 1962. FOR THE STATE OF NEW YORK NELSON A. ROCKEFELLER, Governor RADIATION PROTECTION STANDARDS The regulations specifying radiation protection standards which are contained in each of the regulatory codes are briefly described below. Except in certain limited respects, these radiation protection standards are identical in substance to existing provisions in the radiation protection codes of the U.S. Atomic Energy Commission. It is the intent of each of the three departments that the regulations specifying the radiation protection standards and the provisions pertaining to additional requirements and the granting of exemptions or variations will be administered in accordance with existing Commission practice. However, details pertaining to such administration found in Commission regulations have not been included in the codes because of the limited number of persons within the State to whom they would be applicable. It is important to note that these radiation protection standards will, except in certain specified respects, be uniformly applicable to regulated users of all radiation sources within the State, including all radioactive materials and radiation-producing equipment. 1. Permissible doses, levels and concentrations. The three codes contain uniform provisions with respect to permissible occupational doses from external exposure and from concentration of airborne radioactive material and permissible doses in uncontrolled areas from external exposure and from concentration of airborne radioactive material. The limits contained in the codes closely follow the radiation protection guides of the Federal Radiation Council and the recommendations of the National Committee on Radiation Protection and Measurements. Accordingly, permissible occupational doses are specified for periods of any 13 consecutive weeks and utilize the values specified for such 13 week periods by the Council. The values contain in the regulations of the U.S. Atomic Energy Commission, which are based upon fixed calendar quarters, were not adopted. Among other excluded details, the codes do not specify under what conditions exposures in excess of permitted concentrations or radiation levels will be authorized. Such details have been excluded as unnecessary, but the departments intend to be guided by the Commission practice which is reflected in existing Commission regulations. 2. Precautionary procedures. The codes contain requirements with respect to surveys, checks and tests; personnel monitoring, caution signs, labels, signals and control devices; instruction of personnel; posting of notices to employees; and securing of radioactive materials. These requirements are substantially uniform and identical in substance to present Commission requirements. Some differences have arisen since the State program covers radiation sources in addition to byproduct, source and special nuclear material. For example, each code requires the designation of a radiation safety officer and specifies his qualification and responsibilities. This requirement is particularly necessary in view of the fact that procedures for use of certain radiation sources will not necessarily be preevaluated, since such sources will be subject to registration rather than licensing. Similarly, requirements with respect to such items as surveys, checks and tests are more explicit in the State program. Some or all of the codes also contain additional provisions with respect to such items as vacated premises; exposure of food to ionizing radiation; protection against fire hazards, etc. On the other hand, the codes specifically exclude some radiation sources, outside of the purview of Commission responsibility, from certain requirements, e.g., X-ray equip ment used for medical and dental purposes need not be labeled and installations containing only such equipment need not be posted. 3. Waste Disposal. All three codes permit disposal of radioactive material by transter to an authorized recipient and by release to uncontrolled areas of concentrations which do not exceed those specified in the applicable regulations. The three codes forbid disposal by incineration. The State Sanitary Code and City Health Code permit disposal of specified concentrations into sanitary sewer systems. The State Sanitary Code permits burial of limited quantities under specified conditions, as do Commission regulations, but imposes the additional requirement of prior notification before a burial ground is established. The City Health Code does not permit burial of radioactive material within New York City. The Industrial Code permits release to sanitary sewer systems or burial in soil in accordance with applicable provisions of the City Health Code and State Sanitary Code. None of these codes specifies the requirements for additional methods of disposal, but permission for such methods could be requested as an exemption or variation from specific regulatory requirements, and in acting upon requests, current Commission practices will be considered. 4. Transportation. The State Sanitary Code and State Industrial Code permit intrastate shipment of radioactive materials if the shipment complies with such regulations of relevant federal agencies as would be applicable if it were in interstate commerce or if the shipment is specifically approved by the appropriate department. The New York City Health Code retains a provision with respect to shipments of radioactive materials which was adopted in 1960, after consultation with the U.S. Atomic Energy Commission, and requires prior notification and approval of route of shipments of radiation sources which may involve a high degree of hazard, as listed in a declaration published by the New York City Health Commission in the City Record. It may also be noted that the State Public Service Commission requires that the regulations of the Interstate Commerce Commission relating to the transportation of explosives and other dangerous articles be followed by motor carriers within its jurisdiction. This requirement was first imposed in an order of the Public Service Commission of May 15, 1955 (Case MT-7482) and is now included in Part 821 of its regulations.1 1 Part 821 Transportation of Explosives and other Dangerous Articles Section 821.1 The rules and regulations prescribed now or to be prescribed in the future by the Interstate Commerce Commission relating to the transportation of explosives and other dangerous articles by motor carriers are adopted and prescribed for all motor carries of property. Section 821.2 All carriers transporting or holding themselves out to transport articles named in the said rules and regulations shall, on or before April 1, 1956, establish such rules by participation in the Motor Carriers' Explosives and Dangerous Articles Tariff No. 8 P.S.C.-N.Y.-MT-No. 4 as supplemented, and in any successive issues thereof as published by the American Trucking Associations, Inc., agent. The three codes require that accurate and complete written records be kept of results of required surveys, checks and tests; transfer, receipt and disposal of radioactive materials; occupational doses of monitored personnel; results of medical evaluation services; and doses required to be reported. The codes specify that personnel exposure records must be kept for five years after either termination of the individual's employment or the date of recording, whichever is later, and can be disposed of only by transfer to the regulatory department. Other records need be preserved only for a period of three years commencing on the date of occurrence of the subject of the record. The codes require immediate notification to the appropriate department of any theft or loss of a radiation source, of any incident which caused or threatened to cause any individual to receive a dose in excess of permitted limits, and of any level of radiation from or release of concentrations of, radioactive materials in excess of permitted limits. Follow-up action is required and a subsequent written report may be required by the appropriate department. The codes require that previous employees be supplied reports of doses and exposures upon request. Annual reports to employees are also required upon request. If any report of possible exposures is required to be submitted to the regulatory department, such report must be automatically provided to the employee under the State Sanitary Code and the State Industrial Code and the providing of such report to the employee may be ordered by the New York City Health Department under the City Health Code. 6. Professional practitioners and related provisions. The State Sanitary Code and New York City Health Code, which govern the intentional internal or external administration or radiation or radioactive materials to any individuals, specify that such administration is permitted only by a person licensed or otherwise authorized to practice medicine, dentistry, podiatry or osteopathy under the State Education Law, or by a person under the supervision of such professional practitioner. With respect to such use of radioactive materials required to be licensed by the Health Departments, an application form similar to that presently used by the U.S. Atomic Energy Commission will be supplied. The State Sanitary Code and New York City Health Code also contain provisions requiring reports by professional practitioners treating or diagnosing radiation illness, injury or certain exposures and specifying procedures to be followed with respect to cadavers containing radioactive materials. The State Industrial Code does not apply to human use of a radiation source which is licensed or authorized by the State or City Departments of Health. The State Department of Labor may perform inspection for these departments of medical users located within industrial installations. The State Sanitary Code contains extensive provisions with respect to the use of radiation equipment in the diagnosis or therapy of individuals. These provisions are based on the recommendations of the National Committee on Radiation Protection and Measurements. The New York City Health Code requires that these same recommendations, contained in NCRP Handbook 76, or equivalent safeguards, be observed. |