6 Colo. Code Regs. § 1007-1-18.5
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-18.5 - Requirements Pertaining to Materials Not Subject to 18.3 and 18.418.5.1 At least ninety (90) days before a facility proposes to receive, store, process, or dispose of radioactive material in a license application or amendment that is not subject to 18.3 and 18.4, and for which a material acceptance report has not already been filed with the Department, the facility shall notify the Department in writing, and the Department shall notify the public and the board of county commissioners of the county in which the facility is located, of the specific radioactive material to be received, stored, processed, or disposed of. The notice must include:18.5.1.1 A representative analysis of the physical, chemical, and radiological properties of the radioactive material;18.5.1.2 The material acceptance report that demonstrates that the radioactive material does not contain hazardous waste characteristics not found in uranium ore;18.5.1.3 A detailed plan for transport, acceptance, storage, handling, processing, and disposal of the material;18.5.1.4 A demonstration that the material contains technically and economically recoverable uranium, without taking into account its value as disposal material;18.5.1.5 The existing location of the radioactive material;18.5.1.6 The history of the radioactive material;18.5.1.7 A written statement by the applicant describing any pre-existing regulatory classification of the radioactive material in the state of origin that describes all steps taken by the applicant to identify the classification;18.5.1.8 A written statement from the United States Department of Energy or successor agency that the receipt, storage, processing, or disposal of the radioactive material at the facility will not adversely affect 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;18.5.1.9 Documentation showing any necessary approvals of the United States Environmental Protection Agency; and18.5.1.10 An environmental assessment containing the information required by 18.3.5.4, and which may incorporate by reference relevant information contained in an environmental assessment previously submitted for the facility.18.5.2 Within thirty (30) days after the department's receipt of notice pursuant to 18.5.1, the Department shall determine whether the notice is complete.18.5.3 Once the department determines that the notice pursuant to 18.5.1 is complete, the Department shall: 18.5.3.1 Publish the notice of the specific material to be received, stored, processed, or disposed of, to: (1) The public, through publishing on the Department's web site; and(2) The county commissioners of the county in which the facility is located.18.5.3.2 The notice required in 18.5.3.1 shall include the information contained in 18.5.1.1 through 18.5.1.10.18.5.3.3 Provide a sixty (60) day public comment period for the receipt of written comments concerning the notice. A public hearing may be held, at the Department's discretion, at the operator's expense.18.5.4 Within thirty (30) days after the close of the written public comment period held pursuant to 18.5.3, the Department shall approve, approve with conditions, or deny the receipt, storage, processing, or disposal as described in the notice based on whether the material proposed for receipt, storage, processing, or disposal complies with the facility's license and:18.5.4.1 Be conducted such that the exposures to workers and the public are within the dose limits of part 4 of the department's rules pertaining to radiation control for workers and the public;18.5.4.2 Not cause releases to the air, ground, or surface or ground water that exceed permitted limits; and18.5.4.3 Not prevent transfer of the facility to the United States in accordance with 42 U.S.C. sec. 2113 upon completion of decontamination, decommissioning, and reclamation of the facility.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