New York State Senator Pete Harckham and Assemblymember Dana Levenberg called today on the 
(DEC) to extend the public comment period by 30 days regarding new regulations for the decommissioning of radioactive sites licensed by the DEC.
The two lawmakers note in a letter sent on Sept. 20 to the DEC that the virtual public comment hearings on the new regulation, 6 NYCRR Part 384 – Criteria for Decommissioning of Radioactive Materials Licensed Sites, held on Tuesday, September 17, 2024, saw extremely limited public participation, “which may be due to many key stakeholders being unaware of the proceedings.” The DEC did not engage either legislative office regarding the initial public comment period either.
While written comment on the new regulation is being accepted until September 24, 2024, Harckham and Levenberg state “additional time would enable stakeholders to thoroughly review the material and provide meaningful input.”
“On matters of great importance, especially when relating to acceptable amounts of radioactivity in the environment, residents want to be heard,” said Harckham. “The DEC must ensure the utmost possible public participation during its decision-making process in order to bolster confidence in its administration of regulatory oversight and protections. In this case, a longer period of public comment would help dispel fears that the decision-making was taking place ‘in the dark.’”
“The public has a right to know what government agencies are doing on their behalf and to provide input to decision-makers before consequential decisions are made,” said Levenberg. “Agencies such as the DEC must ensure that information about proposed rules and opportunities for public comment are shared widely and communicated directly to key stakeholders, including municipal and legislative leaders in the impacted area. The failure to reach out to my office and that of my Senate colleague in this instance is an unfortunate oversight. Public comment is an essential component of any rulemaking process, and this comment period must be extended in order to permit our constituents to have their voices heard.”
Constituents contacted the offices of the two lawmakers to express their surprise and frustration at not learning of the public comment period until it had passed already. “Historically, DEC has followed a practice of engaging more robustly with the legislative branch in regard to significant matters like this,” note Harckham and Levenberg in their letter.
The new regulation, 6 NYCRR Part 384 – Criteria for Decommissioning of Radioactive Materials Licensed Sites, would set the guidelines for cleaning up radioactive contaminants in the environment—i.e. outside of facility buildings and around the property outdoors. The DEC is looking to set new standards for the amount of allowable radioactive contaminants left after the site has been cleaned up.
The regulations proposed by the DEC are meant to bring New York State regulations in harmony with the rules of the federal Nuclear Regulatory Commission. The NRC requires all cleanups of decommissioned nuclear energy facilities to leave the site with remaining radioactive material reduced to a level that is as low as reasonably achievable (ALARA).
To help facilitate an extended public comment period, Harckham and Levenberg state their offices stand ready to assist in community outreach to ensure broad public participation.
