Directs the commissioner of environmental conservation to study and report on the potential risks of the disposal of smoke detectors

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.