BILL NUMBER:S8236

TITLE OF BILL:
An act
to direct the commissioner of environmental conservation to examine,
evaluate and make recommendations on the potential harm
and
contamination caused by the disposal of smoke detectors

PURPOSE OF THE BILL:
The purpose of the bill is to direct the
Commissioner of DEC to examine, evaluate and make recommendations on
the potential harm and contamination caused by the disposal of smoke
detectors containing the radioisotope americium-241.

SUMMARY OF PROVISIONS:
The bill would require DEC, in cooperation
with the Department of Health, to examine and evaluate all available
data and studies relating to the dangers posed by the disposal of
smoke detectors and shall provide independent analysis and report
upon the potential harm and contamination posed by the disposal of
millions of smoke detectors in NYS.

This analysis and report must take into account the quantity of smoke
detectors that have entered and will continued to enter the solid
waste stream, the concentration of smoke detectors in specific
              

landfills locations and the potential exposure of landfill and
sanitation workers, firefighters, workers who manufacture smoke
detectors, as well as the general public, to americium-241.

The Commissioner, within one year, must report to the Governor and
Legislature with its findings and recommendations, including the
continued sale of ionization smoke detectors and the regulation of
the disposal of ionization smoke detectors as hazardous wastes.

JUSTIFICATION:
There are two types of smoke detectors, ionization
detectors and photoelectric detectors. Ionization detectors contain a
source of ionizing radiation which is a minute quantity
(approximately 1/5000th of a gram) of americium-241, an alpha particle
and gamma emitter with a half-life of 432.7 years. Americium is a
man-made metal produced when plutonium atoms absorb neutrons in
nuclear reactors. The largest and widespread use of americium-241 is
as a component in household and industrial smoke detectors.

If americium-241 enters the human body, it tends to concentrate in the
bone, liver and muscle and can remain in the body for decades,
continuing to expose the surrounding tissues to radiation.
Americium-241 poses a significant risk if ingested, exposing tissue
to both alpha and gamma radiation, thereby increasing the risk of
developing cancer.

The Nuclear Regulatory Commission regulates the radioactive materials
in smoke detectors. Because the amount of americium in these devices
is so small, current NRC regulations exempt individuals purchasing
smoke detectors from licensing requirements including those related
to disposal of radioactive materials. The public can dispose of
single household smoke detectors as ordinary trash.

Of particular concern is the concentration of smoke detectors that are
being disposed of as solid waste in landfills over the lifetime of
such landfills, as well as exposure of workers and the public who may
come into contact with americium-241.

Therefore, this bill would require DEC, in cooperation with the
Department of Health, to examine and evaluate all available data and
studies relating to the dangers posed by the disposal of smoke
detectors and shall provide independent analysis and report upon the
potential harm and contamination posed by the disposal of millions of
smoke detectors in NO'S. Within one year DEC would be required to
report to the Governor and Legislature with its findings and
recommendations, including the continued sale of ionization smoke
detectors and the regulation of the disposal of ionization smoke
detectors as hazardous wastes.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There will be
modest costs associated with the evaluation of data relating to smoke
detectors containing the radioisotope americium-24l and making
recommendations to the Legislature and the Governor.

EFFECTIVE DATE:
This act would take effect immediately.