6 Colo. Code Regs. § 1007-1-20.6

Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-20.6 - Registration as a TENORM Generator
20.6.1 Oil and Gas Registrants.

Non-Exempt TENORM generated by Oil and Gas exploration and production, as well as midstream and downstream activities, including those materials generated at a centralized E&P waste management facility shall be registered and are subject to the requirements and limitations as follows:

A. All activities involving Non-Exempt TENORM generated by Oil and Gas exploration and production activities shall meet the applicable requirements of 2 CCR 404-1 in addition to the requirements of this part.
B. Produced Fluids.
1. Registrants may possess produced fluids that contain or are contaminated at concentrations, excluding natural background, greater than 5 pCi/g but not in excess of 250 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.
2. Disposal. Registered produced fluids may only be disposed of as follows:
a. Injection into a Class II UIC Well, permitted pursuant to the 2 CCR 404-1, 800 Series Rules or a Class I Well permitted by EPA and registered with the Department in accordance with this Part;
b. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
c. Discharging into state waters, in accordance with the Water Quality Control Act, the rules and regulations promulgated thereunder and 2 CCR 404-1, Rule 905.
d. Evaporation in a properly lined pit at a centralized E&P waste management facility permitted in accordance with 2 CCR 404-1, Rule 907 and registered with the Department in accordance with this Part.
e. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State.
3. Registrants in possession of produced fluids that contain or are contaminated at concentrations, excluding natural background, in dry weight in excess of 50 pCi/g of any TENORM Radionuclide and contain greater than 10% solids (or are less than 90% moisture content):
a. Shall confine these produced fluids to closed tanks, pipes, transfer lines or any other containment that prevents physical access to the materials.
b. Shall prohibit any physical access to or handling of these produced fluids outside of containment by unauthorized persons. These activities shall only be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities.
c. Shall not reuse these produced fluids for enhanced recovery, drilling, or any other use.
d. Shall only transfer these materials for disposal.
4. Reuse and Recycling.
a. Produced water may be reused for enhanced recovery, drilling, completion, and other approved uses in a manner consistent with existing water rights and in consideration of water quality standards and classifications established by the Water Quality Control Commission (WQCC) for waters of the state, or any point of compliance established by the Director pursuant to 2 CCR 404-1, Rule 914.
C. Oily Waste.

Registrants may possess oily waste that contain or are contaminated at concentrations, excluding natural background, not in excess of 50 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.

1. Disposal. Oily wastes may only be disposed of as follows:
a. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
b. Land treatment or land application at a centralized E&P waste management facility permitted in accordance with 2 CCR 404-1, Rule 907 and registered with the Department in accordance with this Part.
c. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State.
D. Pigging Waste.

Registrants may possess pigging waste from natural gas pipelines that contain or are contaminated at concentrations, excluding natural background, not in excess of 500 pCi/g each in dry weight of Lead-210, and Polonium-210.

1. Wastes from natural gas pipelines shall be:
a. Characterized at minimum for their Lead-210 content.
b. Maintained moist to prevent creation or dispersion of particulate materials
c. Subject to Section 20.6.1.H. of this Part if they are determined to be a Hazardous Waste.
2. Limitations:
a. Pigging Operations: If pigging wastes contain or are contaminated at concentrations, excluding natural background, in excess of 50 pCi/g in dry weight of either Lead-210, or Polonium-210, all pigging operations involving those wastes outside of the pipeline shall be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities;
3. Disposal.

Pigging wastes may only be disposed of as follows, except for Hazardous Wastes which shall meet Section 20.6.1.H:

a. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
b. Injection into a Class II UIC well permitted pursuant to the 2 CCR 404-1, 800 Series Rules and registered with the Department in accordance with this Part.
c. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State.
E. Filter Socks.

Registrants may possess filter socks that contain or are contaminated at concentrations, excluding natural background, not in excess of 500 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.

1. Disposal.

Filter socks may only be disposed of as follows:

a. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
b. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State.
2. Handling

Registrants shall limit direct handling of filter socks to removal from filter housing, placement on gravity separation equipment, and placement in waste containers. All other direct handling, manipulation, or any other activities that would provide an exposure pathway different from that found in routine handling operations shall be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities.

3. Registrants in possession of materials that contain or are contaminated at concentrations, excluding natural background, in dry weight in excess of 50 pCi/g of any TENORM Radionuclide shall additionally:
a. Maintain such materials in containment such that no individual may directly handle (with the exception of removal from filter housing, placement on gravity separation equipment, or placement in waste containers), physically interact with, or become contaminated with those materials and to prevent dispersion outside of the containment during operations or storage;
b. Conduct indoor air radon monitoring if materials contain or are contaminated at concentrations, excluding natural background, in dry weight in excess of 50 pCi/g of Radium-226 and are located in an occupied indoor workspace.
(1) Monitoring shall be performed during periods of normal operation and repeated if there is a significant increase in the quantity or concentration of registered materials contained within the workspace.
(2) Documentation of monitoring shall be maintained by the registrant and shall demonstrate that average indoor radon levels are not in excess of the U.S. Environmental Protection Agency's 4 pCi/L radon action level.
(3) If monitoring results indicate levels in excess of the 4 pCi/L action level, the work area shall be restricted from regular occupancy until mitigation action is taken and monitoring demonstrates that average indoor radon levels are below 4 pCi/L.
c. Conduct radiation dose rate surveys.
(1) Radiation dose rates shall not exceed 2 millirem/hour (0.02 millisievert/hour) at 30 centimeters from the source of radiation or from any surface that the radiation penetrates in any space that can be accessed or occupied by facility personnel
(2) Registered material shall be stored only in an area controlled by the registrant and shall not cause radiation dose rates at or beyond the boundary of that controlled area greater than 11 microrem/hour excluding natural background.
(3) Registered material that exhibits a measured radiation dose rate which exceeds 50 microrem/hour at 30 centimeters excluding natural background shall be:
(a) Cordoned off with a physical barrier at a distance that ensures that radiation dose rates at or beyond the boundary of that barrier shall not exceed 50 microrem/hour excluding natural background.
(b) Posted at the barrier with a conspicuous sign or signs bearing the radiation symbol prescribed in 6 CCR 1007-1 Part 4, Section 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL".
(c) Managed such that no individual handles these materials or accesses the cordoned off area for a period of time in excess of 50 hours in a year.
(d) The registrant shall keep a record of all individuals accessing or handling these materials which shall contain at a minimum; the name of the individual; the date; the length of time in hours; and a year to date total number of hours for the individual.
(e) This record shall be maintained by the registrant for inspection by the Department.
F. Pipes, Pipescale, and other Processing Equipment.
1. Scale.

Registrants may possess waste pipe with scale deposition which contains or is contaminated with Radium-226, Radium-228, Lead-210, and Polonium-210 and meet the following criteria:

a. Pipes shall be characterized by measuring the highest radiation dose rate on contact with and at 30 centimeters from both the exterior surface and each accessible surface of the interior of the pipe with a portable radiation detector.
b. Individual or collections of pipe sections shall not exhibit a measured radiation dose rate which exceeds 2 millirem/hour (0.02 millisievert/hour) at 30 centimeters from the source of radiation or from any surface that the radiation penetrates.
c. Individual or collections of pipe sections shall be stored only in an area controlled by the registrant and shall not cause radiation dose rates at or beyond the boundary of that controlled area greater than 11 microrem/hour excluding natural background.
d. Individual or collections of pipe sections that exhibit a measured radiation dose rate which exceeds 50 microrem/hour at 30 centimeters excluding natural background shall be:
(1) Cordoned off with a physical barrier at a distance that ensures that radiation dose rates at or beyond the boundary of that barrier shall not exceed 50 microrem/hour excluding natural background.
(2) Posted at the barrier with a conspicuous sign or signs bearing the radiation symbol prescribed in 6 CCR 1007-1 Part 4, Section 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL".
(3) Managed such that no individual handles these materials or accesses the cordoned off area for a period of time in excess of 50 hours in a year.
(a) The registrant shall keep a record of all individuals accessing or handling these materials which shall contain at a minimum; the name of the individual; the date; the length of time in hours; and a year to date total number of hours for the individual.
(b) This record shall be maintained by the registrant for inspection by the Department.
e. Disposal.

These waste pipes may only be disposed of as follows:

(1) Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
(2) Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State.
f. Reuse and Recycling.

These waste pipes may only be recycled and reused by persons who are authorized for such activities under a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State.

g. Any removal of scales by physical or chemical methods for disposal shall be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities.
2. Radon Progeny Deposits.

Registrants may possess waste pipe and other processing equipment from natural gas operations with radon progeny deposits which contain or is contaminated with Lead-210, and Polonium-210 and meet the following criteria:

a. Pipes and other processing equipment shall be characterized by:
(1) Measuring the highest radiation dose rates on contact with and at 30 centimeters from both the exterior surface and each accessible surface of the interior with a portable radiation detector; and
(2) Measuring the level of non-fixed alpha contamination of each accessible interior surface in disintegrations per minute per 100 square centimeters.
b. Individual or collections of pipes or other processing equipment shall not exhibit a measured radiation dose rate which exceeds 2 millirem/hour (0.02 millisievert/hour) at 30 centimeters from the source of radiation or from any surface that the radiation penetrates.
c. Individual or collections of pipe sections shall be stored only in an area controlled by the registrant and shall not cause radiation dose rates at or beyond the boundary of that controlled area greater than 11 microrem/hour excluding natural background.
d. Individual or collections of pipe sections that exhibit a measured radiation dose rate which exceeds 50 microrem/hour at 30 centimeters excluding natural background shall be:
(1) Cordoned off with a physical barrier at a distance that ensures that radiation dose rates at or beyond the boundary of that barrier shall not exceed 50 microrem/hour excluding natural background.
(2) Posted at the barrier with a conspicuous sign or signs bearing the radiation symbol prescribed in 6 CCR 1007-1 Part 4, Section 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL".
(3) Managed such that no individual handles these materials or accesses the cordoned off area for a period of time in excess of 50 hours in a year.
(a) The registrant shall keep a record of all individuals accessing or handling these materials which shall contain at a minimum; the name of the individual; the date; the length of time in hours; and a year to date total number of hours for the individual.
(b) This record shall be maintained by the registrant for inspection by the Department.
e. Disposal.

These materials may only be disposed of as follows:

(1) Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
(2) Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State.
f. Reuse and Recycling.

These waste pipes may only be recycled and reused by persons who are authorized for such activities under a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State.

g. All operations that would likely disturb the radon progeny deposits and make particulates available for ingestion or inhalation including, but not limited to, grinding, cutting, or other abrasive processes involving items in which the level of non-fixed alpha contamination exceeds 600 disintegrations per minute per 100 square centimeters shall only be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities.
h. Any removal of scale by physical or chemical methods for disposal other than those pigging operations addressed in Section 20.6.1.D shall be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities.
G. Other waste.

Registrants may possess other E&P waste as well as other solid wastes generated by oil and gas exploration and production, midstream, or downstream related activities including, but not limited to, tank bottoms, filter solids or cake, condensate sludges, molecular sieve residuals, amine filters, water treatment residuals, and other processing and storage wastes that contain or are contaminated at concentrations, excluding natural background, not in excess of 50 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.

1. Subject to Section 20.6.1.H of this Part if they are determined to be a Hazardous Waste.
2. Disposal.

These wastes may only be disposed of as follows, except for Hazardous Wastes which shall meet Section 20.6.1.H:

a. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
b. Injection into a Class II UIC well permitted pursuant to the 2 CCR 404-1, 800 Series Rules and registered with the Department in accordance with this Part.
c. Treatment at a Centralized E&P Waste Management Facility permitted pursuant to 2 CCR 404-1, Rule 907 and registered with the Department in accordance with this Part.
d. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State.
H. RCRA Hazardous Waste.

Any hazardous waste as defined in 6 CCR 1007-3 Part 261 generated by oil and gas exploration and production, midstream, or downstream related activities which contain Non-Exempt TENORM shall be registered and are subject to the requirements and limitations as follows:

1. Registrants may possess materials that contain or are contaminated at concentrations, excluding natural background, greater than 5 pCi/g but not in excess of 100 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.
2. Registrants in possession of materials that contain or are contaminated at concentrations, excluding natural background, in dry weight in excess of 50 pCi/g of any TENORM Radionuclide and contain greater than 10% solids (or are less than 90% moisture content) shall additionally:
a. Maintain such materials in containment such that no individual may physically interact with, directly handle, or become contaminated with those materials and to prevent dispersion outside of the containment during operations or storage;
b. Require that all direct handling, manipulation, and any other activities that would provide an exposure pathway different from that found in routine hazardous waste handling operations be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities;
c. Conduct indoor air radon monitoring if materials contain or are contaminated at concentrations, excluding natural background, in dry weight in excess of 50 pCi/g of Radium-226 and are located in an occupied indoor workspace.
(1) Monitoring shall be performed during periods of normal operation and repeated if there is a significant increase in the quantity or concentration of registered materials contained within the workspace.
(2) Documentation of monitoring shall be maintained by the registrant and shall demonstrate that average indoor radon levels are not in excess of the U.S. Environmental Protection Agency's 4 pCi/L radon action level.
(3) If monitoring results indicate levels in excess of the 4 pCi/L action level, the work area shall be restricted from regular occupancy until mitigation action is taken and monitoring demonstrates that average indoor radon levels are below 4 pCi/L.
d. Conduct radiation dose rate surveys.
(1) Radiation dose rates shall not exceed 2 millirem/hour (0.02 millisievert/hour) at 30 centimeters from the source of radiation or from any surface that the radiation penetrates in any space that can be accessed or occupied by facility personnel
(2) Registered material shall be stored only in an area controlled by the registrant and shall not cause radiation dose rates at or beyond the boundary of that controlled area greater than 11 microrem/hour excluding natural background.
(3) Registered material that exhibits a measured radiation dose rate which exceeds 50 microrem/hour at 30 centimeters excluding natural background shall be:
(a) Cordoned off with a physical barrier at a distance that ensures that radiation dose rates at or beyond the boundary of that barrier shall not exceed 50 microrem/hour excluding natural background.
(b) Posted at the barrier with a conspicuous sign or signs bearing the radiation symbol prescribed in 6 CCR 1007-1 Part 4, Section 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL".
(c) Managed such that no individual handles these materials or accesses the cordoned off area for a period of time in excess of 50 hours in a year.
(d) The registrant shall keep a record of all individuals accessing or handling these materials which shall contain at a minimum; the name of the individual; the date; the length of time in hours; and a year to date total number of hours for the individual.
(e) This record shall be maintained by the registrant for inspection by the Department.
3. Registrants shall only transfer materials for disposal, treatment, or storage to a RCRA Subtitle C hazardous waste permitted treatment, storage and disposal facility or interim status facility which is:
a. Within Colorado, a facility authorized to receive such material under terms of a registration as per this part or a specific radioactive materials license issued by the Department; or
b. Outside of Colorado, a facility authorized to receive such material under terms of a specific radioactive materials license or equivalent licensing document, issued by the NRC or any Agreement State, or to any person otherwise authorized to receive or not prohibited from receiving such material by the Federal Government or any agency thereof, the Department, or an Agreement State;
4. Registrants shall, prior to transfer of any materials, provide a written statement to the receiving facility as part of the description of the hazardous waste which clearly indicates the presence of naturally occurring radioactive materials as a constituent and provides characterization data regarding the radiological content of the materials to include the concentrations, in dry weight and excluding natural background, of Radium-226, Radium-228, Lead-210, and Polonium-210 as applicable.
20.6.2 Water Treatment Registrants.
A. Drinking Water.

Non-Exempt TENORM generated by drinking water treatment activities shall be registered and are subject to the requirements and limitations as follows:

1. Registrants may possess materials that contain or are contaminated at concentrations, excluding natural background, greater than 5 pCi/g but not in excess of 500 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.
2. TENORM shall be disposed as follows:
a. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
b. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State;
c. Discharge into sanitary sewerage for treatment at a domestic wastewater treatment facility registered with the Department in accordance with this Part;
(1) Prior to any discharge written acknowledgement and approval shall be obtained from the wastewater treatment facility;
(2) This record shall be maintained by the registrant for inspection by the Department;
d. Discharge into state waters, in accordance with the Water Quality Control Act;
3. Beneficial Use.

Registered drinking water treatment residuals may be beneficially used or transferred to an individual registered with the Department for beneficial use in accordance with this Part.

4. Registrants in possession of materials that contain or are contaminated at concentrations, excluding natural background, in dry weight in excess of 50 pCi/g of any TENORM Radionuclide and contain greater than 10% solids (or are less than 90% moisture content) shall additionally:
a. Maintain such materials in containment such that no individual may physically interact with, directly handle, or become contaminated with those materials and to prevent dispersion outside of the containment during operations or storage;
b. Require that all direct handling, manipulation, and any other activities that would provide an exposure pathway different from that found in routine water treatment operations be performed by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities;
c. Conduct indoor air radon monitoring if materials contain or are contaminated at concentrations, excluding natural background, in dry weight in excess of 50 pCi/g of Radium-226 and are located in an occupied indoor workspace.
(1) Monitoring shall be performed during periods of normal operation and repeated if there is a significant increase in the quantity or concentration of registered materials contained within the workspace.
(2) Documentation of monitoring shall be maintained by the registrant and shall demonstrate that average indoor radon levels are not in excess of the U.S. Environmental Protection Agency's 4 pCi/L radon action level.
(a) If monitoring results indicate levels in excess of the 4 pCi/L action level, the work area shall be restricted from regular occupancy until mitigation action is taken and monitoring demonstrates that average indoor radon levels are below 4 pCi/L.
d. Conduct radiation dose rate surveys.
(1) Radiation dose rates shall not exceed 2 millirem/hour (0.02 millisievert/hour) at 30 centimeters from the source of radiation or from any surface that the radiation penetrates in any space that can be accessed or occupied by facility personnel
(2) Registered material shall be stored only in an area controlled by the registrant and shall not cause radiation dose rates at or beyond the boundary of that controlled area greater than 11 microrem/hour excluding natural background.
(3) Registered material that exhibits a measured radiation dose rate which exceeds 50 microrem/hour at 30 centimeters excluding natural background shall be:
(a) Cordoned off with a physical barrier at a distance that ensures that radiation dose rates at or beyond the boundary of that barrier shall not exceed 50 microrem/hour excluding natural background.
(b) Posted at the barrier with a conspicuous sign or signs bearing the radiation symbol prescribed in 6 CCR 1007-1 Part 4, Section 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL".
(c) Managed such that no individual handles these materials or accesses the cordoned off area for a period of time in excess of 50 hours in a year.
(d) The registrant shall keep a record of all individuals accessing or handling these materials which shall contain at a minimum; the name of the individual; the date; the length of time in hours; and a year to date total number of hours for the individual.
(e) This record shall be maintained by the registrant for inspection by the Department.
B. Domestic Wastewater Treatment.

Wastewater treatment facilities that accept, from a generator registered per Sections 20.6.2.A or 20.6.2.C of this Part, or generate Non-Exempt TENORM shall be registered and are subject to the requirements and limitations as follows:

1. Registrants may accept by way of their collection system or at their headworks TENORM materials discharged from a water treatment facility registered with the Department in accordance with this Part that:
a. Contain less than 10% solids; and
b. Contain or are contaminated at concentrations, excluding natural background, greater than 5 pCi/g but not in excess of 500 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210; and
c. Constitute less than 10% of the total volume of non-TENORM materials received by the system in the period in which it is received.
2. TENORM materials which contain or are contaminated at concentrations, excluding natural background, in dry weight greater than 50 pCi/g shall be directly handled only by individuals authorized to perform such operations under terms of a specific radioactive materials license or equivalent licensing document, issued by the Department, NRC or any Agreement State. The registrant may seek to obtain a specific radioactive materials license to perform these activities or may use a specifically licensed service provider authorized for these activities.
3. Registrants may also possess materials in the form of residuals generated during primary, secondary or advanced wastewater treatment processes, any materials in process that are precursors to an accumulated treated residual product, biosolids, or any other materials that are part of the wastewater treatment process that contain or are contaminated at concentrations, excluding natural background, greater than 5 pCi/g but not in excess of 50 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.
4. TENORM shall be disposed as follows:
a. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
b. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State;
c. Discharge into state waters, in accordance with the Water Quality Control Act;
5. Biosolids containing TENORM may be beneficially used or transferred to an individual registered with the Department for beneficial use in accordance with this Part.
C. Other water treatment.

Non-Exempt TENORM generated by any other water treatment activity shall be registered and are subject to the requirements and limitations as follows:

1. Registrants may possess materials that contain or are contaminated at concentrations, excluding natural background, greater than 5 pCi/g but not in excess of 50 pCi/g each in dry weight of Radium-226, Radium-228, Lead-210, and Polonium-210.
2. TENORM shall be disposed as follows:
a. Disposal at commercial solid waste disposal facility registered with the Department in accordance with this Part;
b. Disposal at a facility authorized to receive such material under terms of a specific radioactive materials license, a Part 20 TENORM registration, or equivalent licensing document, issued by the Department, NRC or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or an Agreement State;
c. Discharge into sanitary sewerage for treatment at a domestic wastewater treatment facility registered with the Department in accordance with this Part;
(1) Prior to any discharge written acknowledgement and approval shall be obtained from the wastewater treatment facility;
(2) This record shall be maintained by the registrant for inspection by the Department;
d. Discharge into state waters, in accordance with the Water Quality Control Act;

6 CCR 1007-1-20.6

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