6 Colo. Code Regs. § 1007-1-20.8
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-20.8 - Registration as a TENORM Disposal Facility20.8.1 Sanitary landfill or municipal solid waste landfill (MSWLF) disposal. Landfills that accept Non-Exempt TENORM for disposal shall be registered and are subject to the requirements and limitations as follows:
A. Registrants may accept 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. Registrants shall meet all associated and applicable requirements of 6 CCR 1007-2 Part 1 for solid waste disposal.C. Registered facilities shall have an engineered liner or barrier layer with a hydraulic conductivity less than or equal to 1x10-7 cm/sec in accord with 6 CCR 1007-2 Part 1 Section 3.2.5 (3)D. Registered facilities shall have a leachate collection and monitoring system which meets 6 CCR 1007-2 Part 1 Section 3.2.5 (d)E. Registered facilities shall have a groundwater monitoring system which meets the applicable requirements of 6 CCR 1007-2 Part 1 Section 2.1.15 and 2.2F. Registered facilities shall incorporate the following operational practices into their Engineering Design and Operations Plan:1. Each registered facility shall have a waste characterization and disposal plan which includes waste acceptance procedures for TENORM materials2. Each registered facility shall have a minimum of 4 meters of materials not subject to this part, in addition to the engineered liner or barrier layer, between the lowest placement of Non-Exempt TENORM and groundwater3. Each registered facility shall place 6 inches of cover materials not subject to this part on all TENORM at the end of each operating day4. Each registered facility shall have a minimum of 3 meters of materials not subject to this part above Non-Exempt TENORM prior to the closure of any area. This may include the final cover system5. Leachate must be sampled and characterized for each TENORM isotope received by the facility a. If concentrations of TENORM isotopes are detected in the leachate in excess of the groundwater standards these isotopes must be included in the groundwater monitoring planb. Leachate containing concentrations of TENORM isotopes less than 100 pCi/L may be applied to the working face of the landfill.c. Registrants shall not perform any other method of recirculation or application of leachate containing concentrations of TENORM isotopes in excess of groundwater standards within the facility without prior written approval from the Department.6. Any drill cuttings from methane gas collection system installation shall be placed within the facility on the working face and treated as TENORM waste.7. If solidification activities are approved within the Engineering Design and Operations Plan for the facility Non-exempt TENORM materials received by the facility for solidification shall be placed within the solidification basins and the solidification process should commence within 24 hours of receipt.G. Following closure of the landfill, an environmental covenant must be placed on the facility property and shall include a specific provision which requires that any future buildings, residential or commercial, constructed on the permitted site post closure, require radon resistant construction, post construction assessment and testing, and radon mitigation in order to meet any federal, local, or Colorado standards or guidance on indoor radon concentrations.1. Alternatively, if the environmental covenant is more restrictive, i.e. no buildings, residential or commercial, are permitted to be constructed on the site, than that may suffice. 20.8.2 Centralized E&P waste management facilities that accept Non-Exempt TENORM for disposal shall be registered and are subject to the requirements and limitations as follows: A. Registrants shall comply with all applicable sections of 2 CCR 404-1.1. Radium-226, Radium-228, Lead-210, and Polonium-210 shall, when operations involve Non-Exempt TENORM, be included as a Contaminant of Concern in all instances in which Table 915-1 Cleanup Concentrations are required to be sampled, analyzed, or adhered to for the purposes of determining the nature and extent of any impact from the materials, groundwater, surface water or soil monitoring, remediation, confirming compliance, or closure. a. For soils, a concentration, excluding natural background, not in excess of 5 pCi/g of each applicable radionuclide in dry weight shall be used as the concentration level for the purposes of determining compliance with this section. Concentration level values for groundwater and surface water shall be equal to 5 pCi/L for Radium-226 plus Radium-228; 5 pCi/L for Lead-210 plus Polonium-210; or equal to statewide standards for radioactive materials established by the Water Quality Control Commission in accordance with the Water Quality Control Act, whichever is more restrictive. B. Registrants shall notify the Department of any exceedance of these radionuclide concentration levels and submit a plan for the investigation and remediation of the areas.C. Registrants shall, as part of the initial permit application process or as a facility modification proposal as required by 2 CCR 404-1 Rule 907, incorporate and include TENORM as a waste stream into all appropriate or applicable portions of the application or proposal including but not limited to waste profile, facility design, operating plan, ground water monitoring plan, or preliminary closure plan. The application or proposal for permit modification shall also be submitted to the Department for approval prior to accepting any TENORM materials for treatment or disposal.D. Registrants shall provide to the Department a copy of the facility's annual report as required by 2 CCR 404-1 Rule 907. TENORM materials shall be included within the report's summary of operations.E. Registrants may accept 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 for injection into a Class II UIC well permitted pursuant to the 2 CCR 404-1, 800 Series Rules. 1. Shall provide demonstration, at the time of initial registration, that those activities will not result in the presence in an underground source of drinking water, as defined in 2 CCR 404-1, of any TENORM radionuclide that may adversely affect the health of persons or cause a violation of any of the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations, 40 C.F.R. Part 141.F. Registrants may accept, for the purposes of dewatering or hydrocarbon recovery, 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.G. Any Non-Exempt TENORM materials generated during treatment or disposal activities shall be subject to all applicable requirements of Section 20.6.1.H. Closure. A detailed site investigation, remediation, and closure work plan shall be submitted to the Department for review and approval at least sixty (60) days prior to closure. The work plan shall address, but not be limited to:
1. Sampling and analysis to determine the extent of contamination in or compliance with standards for soil, surface water, and groundwater2. Activities required to decommission and remove all equipment contaminated with TENORM materials3. Disposal of residual TENORM4. Facility access control5. Potential exposures to TENORM during remedial activities including either a radiological dose estimate demonstrating that no individual will exceed an annual dose of 100 millirem (1 millisievert) or information on the 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.6. Schedule for remedial and closure activities to be conducted and completed7. Post-closure monitoringColorado 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