6 Colo. Code Regs. § 1007-1-20.5

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

Section 6 CCR 1007-1-20.5

Persons who generate, handle, process, transfer, receive, transport, dispose of, possess, distribute, or beneficially use TENORM not exempt from this as per Section 20.4 and not subject to a specific radioactive materials license as per Section 20.13 shall register with the Department. TENORM materials that are included within a specific radioactive materials license authorization do not require registration under this section. A registrant may capture multiple activities (generation, beneficial use, acceptance for disposal, etc.) and types of Non-Exempt TENORM materials under one registration.

20.5.1 All persons subject to registration shall register annually with the Department and shall pay the fee required by 6 CCR 1007-1 Part 12.

A. Initial registration shall take place within 90 days of any activity which requires registration per Section 20.5.

B. The registrant shall furnish the following information and any other information specifically requested by the Department:

1. Name and mailing address;

2. Name, title, telephone number, and email address of the responsible person designated as a representative of the registrant;

3. Address or location information (Public Land Survey System (PLSS) Township/Range, Section, and Quarter-Quarter Section (Lot/Tract)) at which the TENORM is located;

4. Registrant type or a description of the process or activity that generates the TENORM. A registrant may include multiple types of activities within one registration;

5. A description of the TENORM including the amount or volume and the concentrations of TENORM radionuclides present within the material;

6. A description of any routine or non-routine maintenance that involves the manipulation or handling of the TENORM;

7. Certification by the responsible representative of the registrant that they are aware of the requirements of this Part and will meet all of the applicable requirements.

20.5.2 General Requirements- Any person subject to registration per Section 20.5:

A. Shall not abandon such TENORM.

B. Shall secure registered materials from unauthorized removal or access, with the exception of those materials land applied for beneficial use in accordance with this Part.

C. Shall transfer TENORM in accordance with this Part.

D. Shall maintain records in accordance with Section 20.10 of this Part.

E. Shall ensure that registered materials that have been packaged or containerized for transfer or disposal as per this Part shall bear a durable, clearly visible label bearing the radiation symbol prescribed in 6 CCR 1007-1 Part 4, Section 4.27 and the words "CAUTION, RADIOACTIVE MATERIAL" when in storage awaiting transfer or disposal.

F. Is subject to the provisions in Sections 4.51 of 6 CCR 1007-1 Part 4 for reporting theft or loss of registered material but shall be exempt from the other requirements of 6 CCR 1007-1 Part 4 unless otherwise required by this Part. This exemption does not apply to any person who also holds a specific radioactive materials license issued by the Department.

G. Is subject to the provisions in Section 10.5.1 of 6 CCR 1007-1 Part 10 but shall be exempt from the other requirements in 6 CCR 1007-1 Part 10. This exemption does not apply to any person who also holds a specific radioactive materials license issued by the Department.

H. Shall only allow employees or contractors under the control and supervision of a registrant to perform routine maintenance on equipment, facilities, and land owned or controlled by the registrant. Maintenance that provides a pathway for exposure different from that found in routine periodic maintenance operations or that increases the potential for additional exposure is not considered routine maintenance and shall not be conducted without a specific radioactive materials license or specific written approval from the Department.

I. Shall conduct activities so as to minimize contamination of the facility and the environment. When activities involving such TENORM are permanently ceased at any site, if evidence of residual TENORM is identified, the registrant shall notify the Department about such material and may consult with the Department as to the appropriateness of sampling and restoration activities to ensure that any contamination or residual TENORM remaining at the site where registered TENORM was used does not exceed the limits in Table 20-1 or is not likely to result in exposures that exceed the limits in Section 4.61.2 of 6 CCR 1007-1 Part 4. Institutional controls may be required if compliance with Table 20-1 or the limits in Section 4.61.2 of 6 CCR 1007-1 Part 4 is not feasible.

J. Is prohibited from administering TENORM, or the radiation therefrom, either externally or internally, to human beings except as may be authorized in a specific radioactive materials license.

K. Shall respond to written requests from the Department to provide information relating to the registration within 30 calendar days of the date of the request, or other time specified in the request.

1. If the registrant cannot provide the requested information within the allotted time, it shall, within that same time period, request a longer period to supply the information by providing the Radiation Control Program Manager a written justification for the request.

L. Shall appoint an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with appropriate regulations and requirements.

1. The registrant, through this individual, shall ensure the day-to-day compliance with appropriate regulations and requirements; this appointment does not relieve the registrant of any of its responsibility in this regard.

M. Is subject to all other applicable portions of this Part and any limitations of the registration.

N. Is subject to the provisions of 49 CFR Subtitle B. Chapter I. Subchapter C. (2020) when transporting registered material outside the registered site or where transport is on public highways, or who delivers licensed material to a carrier for transport.

O. Shall not introduce registered material into a consumer good or product except as specifically allowed by this Part.

P. Shall, when operating as a solid waste disposal site and facility, incorporate each TENORM radionuclide present within the registered materials into monitoring and closure plans required by 6 CCR 1007-2 Part 1.

Q. Use, to the extent practical, procedures and engineering controls to reduce and maintain doses to members of the public as low as is reasonably achievable (ALARA).

20.5.3 Training requirements. All persons subject to registration shall meet the following requirements.

A. All employed individuals whose assigned activities during normal and abnormal situations may involve exposure to registered TENORM or radiation resulting from that material which can reasonably be expected to occur during the life of a registered facility shall be instructed in the following topics:

1. The storage, transfer, or use of sources of radiation;

2. General awareness in the health protection problems associated with exposure to radiation and/or radioactive material to the individual and the potential offspring, designed to enable the employee to recognize and identify exposure to radiation and/or radioactive material;

3. Requirements of this Part that are specifically applicable to the functions or activities the employee performs;

4. The employee's responsibility to observe, to the extent within the worker's control, the applicable provisions of the Radiation Control Act, 6 CCR 1007-1, this Part and specific measures the employer has implemented for the protection of personnel from exposures to radiation or radioactive material;

5. The employee's responsibility to report promptly to the registrant any condition which may constitute, lead to, or cause a violation of this Part and registrations, or unnecessary exposure to radiation and/or radioactive material;

6. Methods and procedures for avoiding incidents; and

7. Emergency response information, including the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation and/or radioactive material, and the procedures for mitigating any spill or release.

B. The extent of these instructions shall be commensurate with potential radiological health effects associated with assigned work and present in the work place.

C. Training frequency:

1. Initial training. A new employee, or an employee who changes job functions involving exposure to radiation or radioactive material may perform those functions prior to the completion of training provided:

a. The employee performs those functions under the direct supervision of a properly trained and knowledgeable employee; and

b. The training is completed within 90 days after employment or a change in job function.

2. Refresher training. An employee must receive the training required by this Part at least once every three years.

D. Trainings received from a previous employer or other source may be used to satisfy the requirements of this Part provided a current record of training is obtained from the employees' previous employer or other source and the training is pertinent and applicable to the employees current job function.

E. Each registrant is responsible for compliance with the requirements of this Part regardless of whether the training required by this subpart has been completed.

F. Each registrant must create and maintain employee training record in accordance with Section20.10.4.

20.5.4 Spill and release requirements.

A. Registrants shall, immediately upon discovery, control and contain all spills/releases of Non-Exempt TENORM.

B. Registrants shall investigate and remediate impacts resulting from spills/releases as soon as practicable.

C. Reporting.

1. Oil and Gas exploration and production registrants that are subject to the spill and release reporting requirements of 2 CCR 404-1 shall provide copies of all reports required by 2 CCR 404-1 Rule 912 regarding a spill/release of registered TENORM. These shall be provided to the Department no later than 24 hours after they are submitted to the Oil and Gas Conservation Commission of the State of Colorado (COGCC).

a. The report required by 2 CCR 404-1 Rule 912 shall include information available to the registrant about the type, isotopes, concentration, and volume of TENORM involved, including whether it is controlled or uncontrolled at the time of submitting the initial report.

2. All other registrants shall make an initial notification to the Department as soon as practicable upon discovery of a spill or release in which Non-Exempt TENORM containing 10 µCi or more of either Radium-226, Radium-228, Lead-210, or Polonium-210 is spilled or released, and shall provide an initial written report no more than seven days after such a discovery.

a. The initial written report of a spill/release shall include, at a minimum, the location of spill/release, the type and volume of TENORM involved in the spill/release, the actions that have been taken to control or contain such spill/release, the disposal of spill/release impacted material, and the plan and schedule to prevent any future spill/release.

D. Upon receipt of the initial notification or the initial written report, the Department may require a site investigation and remediation work plan for review and approval when a spill/release results in any of the following conditions:

1. Soil contamination in excess of 5 pCi/g above natural background for any individual TENORM radionuclide

2. Groundwater or surface water impacts in excess of WQCC standards

3. The potential for any individual to exceed an annual dose of 100 millirem (1 millisievert)

E. Site investigation and remediation work plans shall, at minimum, address the following:

1. Sampling and analysis to determine the extent of contamination in soil, surface water, and groundwater

2. 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.

3. Access control to the impacted area

4. Schedule for remedial activities to be conducted and complete

5. Waste management

6 CCR 1007-1-20.5

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