6 Colo. Code Regs. § 1007-1-20.7
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-20.7 - Registration as a user of TENORM for Beneficial Purposes20.7.1 Use and Distribution of Biosolids. Non-Exempt TENORM in the form of biosolids for use and distribution shall be registered and are subject to the requirements and limitations as follows:
A. 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.B. Activities shall be in accord with a Notice of Authorization for the Use and Distribution of Biosolids issued by the Water Quality and Control Division of the Department and 5 CCR 1002-64.C. Application to land for beneficial use. 1. Concentrations of radionuclides in biosolids or final product material applied to land shall not exceed 25 pCi/g each of Radium-226, Radium-228, Lead-210, and Polonium-210.2. Biosolids or final product material containing Non-Exempt TENORM shall not be applied to an authorized application site for more than 20 years or 20 cropping cycles without written Department approval.D. Characterization. Characterization of TENORM materials including sampling and analysis shall be performed using appropriate and standard methods such as EPA SW-846 or equivalent alternative methods recognized by the Department.
1. Biosolids or final product material shall be characterized for concentrations of TENORM radionuclides after final treatment.2. Characterization shall be done initially after final treatment and thereafter at the following frequencies based on dry short tons per year (dst/y) produced consistent with 5 CCR 1002-64 Section 64.16 a.(1): a. Once per year for less than 319 dst/y.b. Once per quarter for greater than 319 but less than 1,650 dst/y.c. Once per two months for greater than 1,650 but less than 16,500 dst/y.d. Once per month for greater than 16,500 dst/y.3. Records of characterization shall be maintained for inspection by the Department until such time as the authorized application site is closed or deactivated in accordance with 5 CCR 1002-64 Sections 64.10 H. and I.4. Registrants shall provide notice to the Department sixty days prior to requesting closure, deactivation, or a transfer of an authorized application site in accordance with 5 CCR 1002-64 Sections 64.10 H., I. and J.E. Records of land application shall be provided to the Department annually. Records shall include: 1. Each application site location; and2. Number of applications at each site.F. Distribution. Biosolids or final product material containing Non-Exempt TENORM shall be distributed only to a recipient registered with the Department in accord with this part or to an individual authorized to receive such material under terms of a specific radioactive materials license 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.
20.7.2 Land application of water treatment residuals. Non-Exempt TENORM in the form of water treatment residuals to be used for land application shall be registered and are subject to the requirements and limitations as follows:
A. 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.B. Activities shall be in accord with a Beneficial Use Certification or Beneficial Use Determination issued by the Hazardous Materials and Waste Management Division of the Department.C. Application to land for beneficial use. 1. Concentrations of radionuclides in water treatment residuals applied to land shall not exceed 25 pCi/g each of Radium-226, Radium-228, Lead-210, and Polonium-210.2. Water treatment residuals containing Non-Exempt TENORM shall not be applied to an authorized application site for more than 20 years or 20 cropping cycles without written Department approval.D. Characterization. Characterization of TENORM materials including sampling and analysis shall be performed using appropriate and standard methods such as EPA SW-846 or equivalent alternative methods recognized by the Department.
1. Water treatment residuals shall be characterized for concentrations of TENORM radionuclides prior to application.2. Characterization shall be done initially on residuals to be applied to land and thereafter at the following frequencies based on dry short tons per year (dst/y) produced:a. Once per year for less than 319 dst/y.b. Once per quarter for greater than 319 but less than 1,650 dst/y.c. Once per two months for greater than 1,650 but less than 16,500 dst/y.d. Once per month for greater than 16,500 dst/y.3. Records of characterization shall be maintained for inspection by the Department until such time as the application activities cease at the site.4. Registrants shall provide notice to the Department sixty days prior to ceasing application activities at the site.E. Records of land application shall be provided to the Department annually. Records shall include: 1. Each application site location; and2. Number of applications at each site.20.7.3 Composting Facility Registrant. Facilities that compost Non-Exempt TENORM shall be registered and are subject to the requirements and limitations as follows:
A. Registrants may accept and/or process feedstock 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.B. Commercial composting facility activities shall be in accord with 6 CCR 1007-2 Part 1 Section 14. 1. Registrants shall initially include or revise their Engineering Design and Operations Plan to include TENORM constituents in: a. The description of feedstocks;b. The waste characterization plan;c. The evaluation of potential impacts to existing surface water and groundwater quality;d. The groundwater monitoring plan; and e. The compost sampling and testing description.C. Composting activities performed as part of further processing of biosolids at a domestic wastewater treatment works as shall be in accord with 5 CCR 1002-64 and a Notice of Authorization for the Use and Distribution of Biosolids issued by the Water Quality and Control Division of the Department.D. Sale or Distribution. 1. Finished compost shall be characterized for concentrations of TENORM radionuclides prior to sale or distribution.2. Characterization, including sampling and analysis, shall be performed using appropriate and standard methods such as EPA SW-846 or equivalent alternative methods recognized by the Department.3. Characterization shall be done initially on finished compost and thereafter at the following frequencies based on dry short tons per year (dst/y) produced: a. Once per year for less than 319 dst/y.b. Once per quarter for greater than 319 but less than 1,650 dst/y.c. Once per two months for greater than 1,650 but less than 16,500 dst/y.d. Once per month for greater than 16,500 dst/y.e. If feedstocks change the initial characterization shall be repeated.4. Registrants must ensure that concentrations of TENORM radionuclides in finished compost to be sold or distributed for off-site use shall not exceed 5 pCi/g each of Radium-226, Radium-228, Lead-210, and Polonium-210.5. Records of characterization data demonstrating compliance with the 5 pCi/g standard shall be maintained for inspection by the Department for no less than 5 years after the materials have been distributed.6. Compost that meets the 5 pCi/g standard is acceptable for unrestricted use and is no longer subject to this Part.E. Finished Compost containing Non-Exempt TENORM shall be: 1. Transferred only to a recipient registered with the Department in accord with this Part for use or disposal;2. Reintroduced into the compost process; or3. Transferred to an individual authorized to receive such material under terms of a specific radioactive materials license 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. Final closure. The compost facility shall not be closed and released for unrestricted use until:
1. All registered TENORM materials are disposed or transferred in accordance with Sections 20.7.3.E.1 or 20.7.3.E.3; and2. Radiological characterization of the facility shall be conducted to ensure that: a. Any radionuclide concentration in soil, adjacent to or within the facility boundary, does not exceed the limitation specified in Table 20-1 of this Part. If any exceedance is found, the facility shall be remediated until the limits in Table 20-1 are met.b. Radionuclide concentrations in groundwater do not exceed 5 pCi/L for Radium-226 plus Radium-228 and 5 pCi/L for Lead-210 plus Polonium-210; or the statewide standards for radioactive materials established by the Water Quality Control Commission in accordance with the Water Quality Control Act, whichever is more restrictive. If any exceedance is found, the facility shall conduct groundwater remediation until the above limits are met.20.7.4 Other Beneficial Uses. Persons requesting the beneficial use of solid waste that contain or are contaminated at concentrations, excluding natural background, greater than 5 pCi/g in dry weight of Radium-226, Radium-228, Lead-210, or Polonium-210 shall:
A. File a proposal with the Hazardous Materials and Waste Management Division of the Department in accord with 6 CCR 1007-2 Part 1 Section 8.6.B. Provide to the Department a comprehensive dose assessment demonstrating that the beneficial use activity would not result in a total effective dose equivalent to any individual member of the public in excess of 100 millirem/year (1 millisievert/year) and that the doses to members of the public as a result of the proposed activities are as low as is reasonably achievable (ALARA).C. Commence activities only after: 1. A Beneficial Use Certification or Beneficial Use Determination is issued by the Hazardous Materials and Waste Management Division of the Department; and 2. The Radiation Control Program grants written authorization to engage in the activities as approved within the Beneficial Use Certification or Beneficial Use Determination.D. Limit beneficial use activities to those specifically approved and authorized within and by the A Beneficial Use Certification or Beneficial Use Determination and written authorization by the Radiation Control Program.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