6 Colo. Code Regs. § 1007-1-18.3

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-1-18.3 - Special Requirements for Issuance of Specific Licenses For Source Material Milling

In addition to the requirements set forth in Part 3, a specific license for source material milling will be issued if the applicant submits to the Department a complete and accurate written application that clearly demonstrates how objectives and requirements of this Part are met. Failure to clearly so demonstrate shall be grounds for refusing to accept an application. Any person desiring to have a facility or site referred to in this Part shall apply to the Department for approval of such facility or site. The application shall contain such information as the Department requires and shall be accompanied by an application fee determined by the Board pursuant to the provisions of Part 12 of these regulations.

18.3.1 An application for a license or to amend or renew an existing license to receive, possess, and use source material for milling or byproduct material shall include all information required under these regulations and such other information as the Department may deem necessary, and shall address the following:

18.3.1.1 Description of the proposed project or action;

18.3.1.2 Area/site characteristics including geology, topography, hydrology and meteorology;

18.3.1.3 Radiological and nonradiological impacts of the proposed project or action, including waterway and groundwater impacts;

18.3.1.4 Environmental effects of accidents;

18.3.1.5 Tailings disposal and decommissioning;

18.3.1.6 Site and project alternatives.

18.3.2 The applicant shall provide procedures describing the means employed to meet the following requirements during the operational phase of any project.

18.3.2.1 Milling operations shall be conducted so that all releases are reduced to as low as is reasonably achievable below the limits of Part 4.

18.3.2.2 The mill operator shall conduct at least daily inspection of any tailings or waste retention systems. The inspection shall be performed by a person who is qualified and approved by the Department. Records of such inspections shall be maintained for review by the Department.

18.3.2.3 The mill operator shall immediately notify the Department of the following:

18.3.2.3.1 Any failure in a tailings or waste retention system which results in a release of tailings or waste into uncontrolled areas; and

18.3.2.3.2 Any unusual conditions which are not contemplated in the design of the retention system and which if not corrected could lead to failure of the system and result in a release of tailings or waste into uncontrolled areas.

18.3.3 During any one full year prior to submittal of a new application or amendment expanding the facility the applicant/licensee shall conduct a preoperational monitoring program to provide complete baseline data on a milling site and its environs. Throughout the construction and operating phases of the mill, the applicant/licensee shall conduct an operational monitoring program to measure or evaluate compliance with applicable standards and regulations, to evaluate performance of control systems and procedures, to evaluate environmental impacts of operation, and to detect potential long-term effects.

18.3.4 The environmental assessment required by 3.8.8 shall contain all information deemed necessary by the agency to assist the agency in the evaluation of the short-term and long-range environmental impact of the project and activity so that the agency may weigh environmental, economic, technical, and other benefits against environmental costs, while considering available alternatives. The environmental assessment shall be submitted with the license application or amendment request, unless an exemption as provided by 3.8.7.1 has been obtained from the Department.

18.3.5 The following types of actions require an applicant's environmental assessment:

18.3.5.1 Issuance of a new or renewal source material milling license;

18.3.5.2 Each new, renewal or amendment application pertaining to the facility's receipt of material;

18.3.5.3 Issuance of an amendment that would authorize or result in:

(1) A significant expansion of a site;

(2) A significant change in the types of effluents;

(3) A significant increase in the amounts of effluents;

(4) A significant increase in individual or cumulative occupational radiation exposure; or

(5) A significant increase in the potential for or consequences from radiological accidents.

18.3.5.4 The environmental assessment shall contain all information deemed necessary by the department, and shall include, at a minimum:

(1) The identification of the types of material to be received, stored, processed, or disposed of;

(2) A representative presentation of the physical, chemical, and radiological properties of the type of material to be received, stored, processed, or disposed of;

(3) An evaluation of the short-term and long-range environmental impacts of such receipt, storage, processing, or disposal;

(4) An assessment of the radiological and nonradiological impacts to the public health from the proposed activities;

(5) Any facility-related impact on any waterway and ground water from the proposed activities;

(6) An analysis of the environmental, economic, social, technical, and other benefits of the proposed activities against environmental costs and social effects while considering available alternatives;

(7) A list of all material violations of local, state, or federal law at the facility since the submittal date of the previous license application or license renewal application;

(8) For an application for a license or license amendment pertaining to the facility's receipt of material for storage, processing, or disposal at the facility, a demonstration that:

(a) There are no outstanding material violations of any state or federal statutes, compliance orders, or court orders applicable to the facility, and any releases giving rise to any such violation have been remediated;

(b) The operator, after a good faith review of the facility and its operations, is not aware of any current license violation at the facility;

(c) There are no current releases to the air, ground, surface water, or groundwater that exceed permitted limits; and

(d) No conditions exist at the facility that would prevent the Department of Energy's receipt of title to the facility pursuant to the federal "Atomic Energy Act of 1954", 42 U.S.C. sec. 2113;

(9) A list of all necessary permits and any changes to local land use ordinances that are needed to construct or operate the facility; and

(10) For sites or facilities placed on the National Priority List pursuant to the federal "Comprehensive Environmental Response, Compensation, and Liability Act", 42 U.S.C. sec. 9605, a copy of the most recent five-year review and any associated updates that have been issued by the United States Environmental Protection Agency.

18.3.6 An application for a license to receive, possess and use source material for milling or byproduct material shall contain proposed specifications relating to the milling operations and the disposition of tailings or wastes resulting from such milling activities to achieve the requirements and objectives set forth in the criteria listed in Appendix A to this Part 18. Each application for a new license or for license renewal must clearly demonstrate how the requirements and objectives set forth in Appendix A to this Part 18 have been addressed. Failure to clearly demonstrate how the requirements and objectives in Appendix A to this Part 18 have been addressed shall be grounds for refusing to accept an application.

A facility shall not dispose of or receive for storage incident to disposal or processing at the facility radioactive material, except for nonprocessing operational purposes such as radioactive standards, samples for analysis, or materials contained in fixed or portable gauges, unless the facility has received a license, a five-year license renewal, or license amendment pertaining to the facilities receipt of radioactive material, in accordance with the Administrative Procedures Act, for such receipt, storage, processing, or disposal of radioactive material and the license, license renewal, or license amendment approves the type of activity.

18.3.7 Nothing in section 18.3 applies to a contract for the storage, processing, or disposal of less than the sum of one hundred ten (110) tons of radioactive material per source or to a contract for a bench-scale or a pilot-scale testing project or a contract for less than a de minimis amount of radioactive material as determined by the department for storage, processing, or disposal.

18.3.8 In addition to the requirements in this Section 18.3, the following requirements apply to each proposed new license, five-year license renewal, or license amendment pertaining to the facility's receipt of radioactive material.

18.3.8.1 Within forty-five (45) days after receipt of an application, the Department shall publish a determination as to whether the application submitted is substantially complete.

18.3.8.2 Within forty-five (45) days after publication its determination that the application required by 18.3.8.1 is substantially complete, an initial public meeting shall be convened. The meeting shall, at a minimum require:

(1) At least two weeks' written notice before the meeting;

(2) The meeting to be hosted and presided over by a person selected upon agreement by the Department, the local Board of County Commissioners and the applicant;

(3) The licensee or applicant to provide a summary of the facility's application to receive, store, process, or dispose of material and the nature of the material;

(4) An opportunity for the public to comment and be heard;

(5) The licensee or applicant to provide transcripts of the meeting, which:

(a) Allows the public to make copies of a transcript of the meeting; and

(b) Shall be provided to the Department in an electronic format in a manner that allows posting on the Department's website within ten (10) days after receipt from the transcription service.

18.3.8.3 Within ninety (90) days of the initial public meeting required by 18.3.8.2, a response, if any, written by the local Board of County Commissioners to the applicant's environmental assessment is to be provided to the applicant.

Upon request of and documentation of the expenditure by such Board, the applicant shall provide the Board with up to fifty thousand dollars, as adjusted for inflation since 2003, which is available to assist the Board in responding to the application, including an independent environmental analysis and identification of any substantial adverse impact upon the safety or maintenance of transportation infrastructure or transportation facilities within the county.

18.3.8.4 Upon completion of the Department's review of the application, the Department shall provide notice to the public of issuance of an initial draft decision where the license application is approved, approved with conditions, or is denied.

(1) The initial draft decision shall be posted on the Department's website at the time of notice and shall include:

(a) A decision analysis;

(b) The final technical and environmental impact analysis conducted by the Department as specified in 18.4;

(c) All requests from the Department seeking information from the applicant and all of the applicant's responses;

(d) All public comments;

(e) Any additional information that may assist the public review of the Department's draft decision; and

(f) A draft license for any proposed approval.

(2) Upon issuance of the initial draft decision in 18.3.8.4, the Department shall initiate a final public comment process which shall include:

(a) A public comment period that shall be noticed at the time the initial draft decision is published; and

(b) A public meeting, held within thirty (30) days after giving public notice of the initial draft decision. Such meeting shall, at a minimum require:

(i) At least two weeks' written notice before the meeting;

(ii) The meeting to be hosted and presided over by a person selected upon agreement by the Department, the local Board of County Commissioners and the applicant;

(iii) The summary of the facilities' license to receive, store, process, or dispose of radioactive material and the nature of the radioactive material;

(iv) The opportunity for cross-examination;

(v) An opportunity for the public to comment and be heard;

(vi) The licensee or applicant to provide transcripts of the meeting, which:

(a) Allows the public access to make copies of a transcript of the meeting; and

(b) Shall be provided to the Department in an electronic format in a manner that allows posting on the Department's website within ten (10) days after receipt from the transcription service.

(3) For applications which are denied, the Department shall issue a decision document summarizing the basis for denial.

18.3.8.5 The expense of public notice, public comment periods, or public meetings required by Section 18.3 shall be at the expense of the applicant or licensee.

18.3.8.6 Following the public comment period specified in 18.3.8.4(2), the Department shall:

(1) After review of all final public comments, issue a final draft decision; and

(2) Provide affected parties, including the applicant in the case of approval with conditions or denial, an opportunity to request an adjudicatory hearing in accordance with Section 24-4-105, C.R.S.

18.3.8.7 If none of the parties specified in 18.3.8.6(2) seeks an adjudicatory hearing, the final draft decision becomes final agency action.

18.3.8.8 If any party specified in 18.3.8.6(2) seeks an adjudicatory hearing, resolution of all material issues of fact, law, or discretion presented by the record and the appropriate order, sanction, relief, or denial of the material issues must be through an initial decision of a hearing officer or administrative law judge.

18.3.8.9 Upon issuance of the initial decision of the hearing officer or administrative law judge, and after any allowable appeal to the executive director of the Department, the Department shall issue within a reasonable time a final decision to approve, approve with conditions, or deny the application.

18.3.8.10 The final decision in 18.3.8.9 is subject to judicial review pursuant to Section 24-4-106, C.R.S.

18.3.8.11 The applicant shall pay all reasonable, necessary, and documented expenses of the hearing held in accordance with 18.3.8.8.

18.3.9 Upon receipt of an application or notice as provided in Section 18.3, the Department shall notify the public and forward a copy of the application or notice to the Governor and the General Assembly, as appropriate. The Department will take no further formal action on notices that are not accompanied by the proper application and application fee.

6 CCR 1007-1-18.3

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 12, June 25, 2015, effective 7/15/2015

38 CR 14, July 25, 2015, effective 8/14/2015

39 CR 02, January 25, 2016, effective 2/14/2016

39 CR 16, August 25, 2016, effective 9/14/2016

39 CR 22, November 25, 2016, effective 12/15/2016

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 20, October 25, 2017, effective 11/14/2017

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 14, July 25, 2020, effective 8/14/2020

43 CR 18, September 25, 2020, effective 10/15/2020

44 CR 11, June 10, 2021, effective 7/15/2021

44 CR 14, July 25, 2021, effective 8/14/2021

45 CR 22, November 25, 2022, effective 12/15/2022