Notice of Intent to Amend Regulations Concerning the Use and Control of Radioactive Materials

Notice of Intent to Amend Regulations Concerning the Use and Control of Radioactive Materials

In accordance with the provisions of section 4-168(a) of the Connecticut General Statutes (CGS), the Connecticut Department of Energy and Environmental Protection (DEEP) hereby gives notice of a proposal to adopt sections 22a-153-1 to 22a-153-150, inclusive; and repeal sections 19-24-1 to 19-24-14, inclusive, sections 19-25a-1 to 19-25a-5, inclusive, and sections 19-25d-1 to 19-25d-11, inclusive, of the Regulations of Connecticut State Agencies (RCSA).  

The authority to adopt the proposal is granted by CGS sections 22a-6, 22a-6b and 22a-153.  This notice is required pursuant to CGS section 4-168.  

Purpose. 
 
The main purpose of this proposal is the modernization of Connecticut’s regulations concerning the use and control of radioactive materials.   This proposal also creates the regulatory infrastructure necessary to achieve Agreement State status with the Nuclear Regulatory Commission (NRC) and adopts civil penalties for violations related to sources of ionizing radiation.  

Description.
This proposal takes the existing regulatory framework for users of radioactive material into the 21st century.  The existing regulations have not been revised since their adoption in 1982, but our understanding of radiation and applicable federal regulations have changed considerably in the last four decades.  While the Department currently regulates ionizing radiation through RCSA sections 19-24-1 through 19-24-14 (sources and materials), 19-25a-1 through 19-25a-5, and 19-25d-1 through 19-25d-11 (x-ray devices), those regulatory sections are proposed for repeal.  

The new regulations (RCSA sections 22a-153-1 through 22a-153-150) take into account changes in the science and understanding of radiation safety as set out in regulations of the NRC.  The new regulations are consistent with the NRC’s regulations, which will create a more uniform regulatory environment for the regulated sources.  Consistency with the federal regulations is achieved by incorporation by reference of the NRC regulations.  

The proposal also adds civil penalties for violations related to sources of ionizing radiation to the Department’s existing administrative civil penalties (RCSA section 22a-6b-8).   

Written comments.  Interested persons are invited to comment on the proposal. Comments should be submitted no later than 5 pm on 19 January 2024 via the eRegulations System (Tracking Number PR2021-040) or electronic mail to Merrily Gere at Merrily.gere@ct.gov.

Public hearing.  In addition to accepting written comments, DEEP will also hold the public hearing described below.  Any person giving oral comment at the hearing will be asked to submit a written copy of such comments.

PUBLIC HEARING
17 January 2024
11 AM
DEEP, 5th Floor, Ensign Room
79 Elm Street, Hartford, CT

Additional information.  The proposal described above, fiscal impact analysis, small business impact analysis and a statement required by CGS section 22a-6(h) are posted on the eRegulations System (Tracking Number PR2021-040).  For further information, contact Brandon Graber of the Radiation Division, Bureau of Air Management, at Brandon.graber@ct.gov.  

DEEP is an Affirmative Action/Equal Opportunity Employer that is committed to complying with the requirements of the Americans with Disabilities Act. Please contact us at (860) 418-5910 or deep.accommodations@ct.gov if you: have a disability and need a communication aid or service; have limited proficiency in English and may need information in another language; or if you wish to file an ADA or Title VI discrimination complaint. Any person needing a hearing accommodation may call the State of Connecticut relay number - 711.  To facilitate efforts to provide an accommodation, please request all accommodations as soon as possible following notice of any agency hearing, meeting, program or event.  

Revised Radiation Regulations