6 Colo. Code Regs. § 1007-1-18.1
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-18.1 - Purpose and Scope18.1.1 The regulations in this part establish criteria, terms and conditions upon which the Department issues licenses to receive title to, receive, possess, use, transfer, or deliver source and byproduct materials as defined in this part, to operate uranium and thorium processing facilities and for the disposition of the resulting byproduct material. The requirements of this part are in addition to, and not in substitution for, other applicable requirements of these regulations.18.1.2 This part establishes performance objectives and procedural requirements applicable to any uranium or thorium material processing operation, to waste systems for byproduct material as defined in this part and to related activities concerning uranium-bearing and thorium-bearing materials. It establishes specific technical and financial requirements for siting, construction, operation, and decontamination, reclamation and ultimate stabilization, as well as requirements for license transfer and termination, long-term site monitoring and surveillance, and ownership and ultimate custody of source material milling facilities and byproduct material impoundments.18.1.3 The requirements of this part apply to byproduct material as defined in this part, that is located at a site where milling operations are no longer active, if such site is not covered by the remedial action program of Title I of the Uranium Mill Tailings Radiation Control Act (UMTRCA) OF 1978 (92 STAT. 3021; 42 U.S.C. 7901). The regulations in this part do not establish procedures and criteria for the issuance of licenses for materials covered under Title I of the Uranium Mill Tailings Radiation Control Act of 1978 (92 Stat. 3021). Disposal at a uranium or thorium processing site of radioactive material which is not type 2 byproduct material must not inhibit reclamation of the tailings impoundment or the ability of the U.S. Government to take title to the impoundment as long-term custodian.18.1.4 Nothing in this Part applies to, includes, or affects the following naturally occurring radioactive materials (NORM) or technologically enhanced naturally occurring radioactive materials (TENORM):18.1.4.1 Residuals or sludges from the treatment of drinking water by aluminum, ferric chloride, or similar processes; except that the material may not contain hazardous substances that otherwise would preclude receipt;18.1.4.2 Sludges, soils, or pipe scale in or on equipment from oil and gas exploration, production, or development operations or drinking water or wastewater treatment operations; except that the material may not contain hazardous substances that otherwise would preclude receipt;18.1.4.3 Materials from or activities related to construction material mining regulated under article 32.5 of title 34, CRS.18.1.4.4 The treatment, storage, management, processing, or disposal of solid waste, which may include NORM and TENORM, either pursuant to issuance of a certificate of designation or considered approved or otherwise deemed to satisfy the requirement for a certificate of designation.18.1.5 The regulation of uranium in situ leach mining (in situ recovery), as defined in Section 34-32-103, CRS., involves the Department of Natural Resources, Division of Reclamation, Mining and Safety or their successor. The requirements of that agency may, due to the use of terms-of-art and other technical words, phrases and definitions, be interpreted inconsistently or be held in conflict with the Department's requirements. The Department will coordinate with that agency to the maximum extent practicable to resolve any such conflicts or inconsistencies. An applicant or licensee that identifies such inconsistency or conflict shall provide that information to both agencies for resolution. The Department of Natural Resources, Division of Reclamation, Mining and Safety or their successor, is not implementing any Atomic Energy Act regulatory authority under the Articles of Agreement, Section 274, of the Atomic Energy Act of 1954, as amended.18.1.6 License amendments for the receipt of radioactive material at a facility are subject to sections 18.3 and 18.4 except when the material is from an approved source and the amendment would not result in a change in ownership, design, or operation of the facility. License amendments not subject to 18.3 and 18.4 of this part are subject to 18.5 of this section.18.1.7 A person subject to the regulations in this Part may not receive title to, own, receive, possess, use, transfer, provide for long-term care, deliver or dispose of byproduct material as defined in this Part, or any source material after removal from its place of deposit in nature, unless authorized in a specific license issued by the Department under the regulations in this Part or general license issued by the Department under Part 3, Section 3.5 of these regulations.Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/201438 CR 02, January 25, 2015, effective 2/14/201538 CR 05, March 10, 2015, effective 3/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 14, July 25, 2015, effective 8/14/201539 CR 02, January 25, 2016, effective 2/14/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 6/30/201740 CR 20, October 25, 2017, effective 11/14/201742 CR 24, December 25, 2019, effective 1/14/202043 CR 14, July 25, 2020, effective 8/14/202043 CR 18, September 25, 2020, effective 10/15/202044 CR 11, June 10, 2021, effective 7/15/202144 CR 14, July 25, 2021, effective 8/14/202145 CR 22, November 25, 2022, effective 12/15/2022