6 Colo. Code Regs. § 1007-1-20.2

Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-20.2 - Definitions

As used in this part, these terms have the definitions set forth as follows:

"Agreement State" means any State with which the U.S. Nuclear Regulatory Commission or the U.S. Atomic Energy Commission has entered into an effective agreement under subsection 274b. of the Atomic Energy Act of 1954, as amended (73 Stat. 689).

"Background radiation" means radiation from:

A. Extraterrestrial sources;
B. Naturally occurring radioactive material (which has not been technologically enhanced), including radon (except as a decay product of source or special nuclear material); and
C. Global fallout as it exists in the environment from the testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that are not under the control of the licensee or registrant.

Background radiation does not include sources of radiation from radioactive materials regulated by NRC.

"Beneficial Use" means:

A. The use of solid waste as an ingredient in a manufacturing process, or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use; or
B. The use of the nutrients and/or organic matter in biosolids to act as a soil conditioner or fertilizer for the promotion of vegetative growth on land; or
C. The use of the nutrients and/or moisture in water treatment residuals to act as a soil conditioner or low grade fertilizer for the promotion of vegetative growth on the land.

"Biosolids" means the accumulated treated residual product resulting from a domestic wastewater treatment works. Biosolids does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water, or domestic or industrial septage.

"Byproduct material" means:

A. Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or using special nuclear material;
B. The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium or thorium solution extraction processes (underground ore bodies depleted by these solution extraction operations do not constitute "byproduct material" within this definition);
C.
1. Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or
2. Any material that:
a. Has been made radioactive by use of a particle accelerator; and
b. Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and
D. Any discrete source of naturally occurring radioactive material, other than source material, that:
1. The NRC, in consultation with the administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety; and
2. Before, on, or after August 8, 2005, is extracted, or converted after extraction, for use for a commercial, medical, or research activity;

"Centralized E&P waste management facility" means a facility, other than a commercial disposal facility regulated by the Colorado Department of Public Health and Environment, that (1) is either used exclusively by one owner or operator or used by more than one operator under an operating agreement; and (2) is operated for a period greater than three (3) years; and (3) receives for collection, treatment, temporary storage, and/or disposal produced fluids, produced water, drilling fluids, completion fluids, and any other E&P wastes that are generated from two or more production units or areas or from a set of commonly owned or operated leases. This definition includes oil-field naturally occurring radioactive materials (NORM) related storage, decontamination, treatment, or disposal.

"Class II UIC well" means wells which inject fluids:

A. Which are brought to the surface in connection with natural gas storage operations, or conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection; and.
B. For enhanced recovery of oil or natural gas.

"Commercial composting facility" means any solid waste composting facility that accepts a fee for solid waste composting, or any solid waste composting facility that composts solid waste to create a compost or soil amendment and distributes the finished compost or soil amendment offsite for a fee.

"Compost" means the material or product which is developed under controlled conditions and which results from biological degradation processes by which organic wastes decompose.

"Composting" means the biological process of degrading organic materials that is facilitated and controlled through intentional and active manipulation. These manipulations may include but are not limited to grinding, mixing of feed stocks and bulking materials, addition of liquids, turning of piles, vermicomposting, or mechanical manipulation.

"Compost facility" means a site where compost is produced.

"Compost feedstock" or "Feedstock" means any decomposable organic material used in the production of compost or chipped and ground material including, but not limited to, green wastes, animal material, manure, biosolids, and solid waste.

"Department" means the Colorado Department of Public Health and Environment.

"Domestic wastewater treatment plant" (wastewater treatment plant) means an arrangement of devices and structures for treating, neutralizing, stabilizing, or disposing of domestic wastewater, industrial wastes, and biosolids. A domestic wastewater treatment plant is one type (or element) of domestic wastewater treatment works. The term "domestic wastewater treatment plant" does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial process are treated therein.

"Domestic wastewater treatment works" means a system or facility for treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day. The term "domestic wastewater treatment works" also includes appurtenances to such system or facility, such as outfall sewers and pumping stations, and to equipment relating to such appurtenances. The term "domestic wastewater treatment works" does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes, notwithstanding the fact that human wastes generated incidentally to the industrial processes are treated therein.

"Drilling fluid" means a mixture of clay and other chemicals with oil or water that is circulated around the drill bit in oil-well drilling in order to lubricate and cool the bit, flush rock cuttings to the surface, and plaster the side of the well to prevent cave-ins.

"Dry weight" means the mass of materials excluding the mass of any water or moisture present within the materials.

"Exploration and production waste (E&P waste)" means those wastes associated with operations to locate or remove oil or gas from the ground or to remove impurities from such substances and which are uniquely associated with and intrinsic to oil and gas exploration, development, or production operations that are exempt from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), 42 USC Sections 6921, et seq. For natural gas, primary field operations include those production-related activities at or near the wellhead and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead), but prior to transport of the natural gas from the gas plant to market. In addition, uniquely associated wastes derived from the production stream along the gas plant feeder pipelines are considered E&P wastes, even if a change of custody in the natural gas has occurred between the wellhead and the gas plant. In addition, wastes uniquely associated with the operations to recover natural gas from underground storage fields are considered to be E&P waste.

"Final product" or "Final product material" means a finished soil amendment, compost or fertilizer which is intended for beneficial use and which contains a biosolids component.

"Flowline" means a segment of pipe transferring oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline does not include a gathering line.

"Gathering line" means a gathering pipeline or system as defined by the Colorado Public Utilities Commission, Regulation No. 4, 4 C.C.R. 723-4901, Part 4, (4 C.C.R. 723-4901) or a pipeline regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration pursuant to 49 C.F.R. §§ 195.2 or 192.8. 49 C.F.R. §§ 195.2 or 192.8 and 4 C.C.R. 723-4901 in existence as of the date of this regulation and does not include later amendments.

"Household waste" means any solid waste generated by households, including single and multiple residences, and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas.

"Land application" means the beneficial use method by which E&P wastes, biosolids, or other water treatment residuals are spread upon or sometimes mixed into soils.

"Land treatment" means the method by which E&P Waste is treated ex situ at the land surface to result in a reduction of hydrocarbon concentration by biodegradation and other natural attenuation processes. Land Treatment may be enhanced by tilling, disking, aerating, composting, or adding nutrients or microbes.

"Municipal solid waste landfill (MSWLF)" means a sanitary landfill where one of the main waste streams accepted is municipal waste.

"Natural background" See Background Radiation.

"Naturally occurring radioactive material" (NORM) means any nuclide that is radioactive in its natural physical state and is not manufactured. "Naturally occurring radioactive material" does not include source material, special nuclear material, byproduct material, or by-products of fossil-fuel combustion, including bottom ash, fly ash, and flue-gas emission by-products.

"NRC". See "Nuclear Regulatory Commission".

"Nuclear Regulatory Commission" (NRC) means the U.S. Nuclear Regulatory Commission or a duly authorized representative.

"Oil and gas facility" means equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P waste, or gas.

"Oil and gas operation" means exploring for oil and gas, including conducting seismic operations and the drilling of test bores; siting, drilling, deepening, recompleting, reworking, plugging, or abandoning a well; producing operations related to any well, including installing flowlines; the generating, transporting, storing, treating, or disposing exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations.

"Oily waste" means those materials containing unrefined petroleum hydrocarbons in concentrations in excess of the concentration levels in Department of Natural Resources Oil and Gas Conservation Commission rules, 2 CCR 404-1,Table 915-1. Oily waste may include crude oil, condensate, or other materials such as soil, frac sand, drilling fluids, cuttings, and Pit sludge that contain hydrocarbons.

"Pipeline" means a flowline or gathering line.

"Pit" means any natural or man-made depression in the ground used for oil or gas exploration or production purposes. Pit does not include steel, fiberglass, concrete or other similar vessels which do not release their contents to surrounding soils.

"Produced fluids" mean all fluids produced during flowback, initial testing, and completion of the well including, but not limited to, produced water and fluids recovered during drilling, casing cementing, pressure testing, completion, workover, and formation stimulation of all oil and gas wells including production, exploration, injection, service and monitoring wells. Excluding crude oil and natural gas.

"Produced water" means the water (brine) brought up from the hydrocarbon-bearing strata during the extraction of oil and gas, and can include formation water, injection water, and any chemicals added downhole or during the oil/water separation process.

"RCRA" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

"Registered material" means TENORM materials, managed by a person registered as per Section 20.5 of this Part, that are not exempt from this Part as per Section 20.4 and are not subject to a specific radioactive materials license as per Section 20.13.

"Release" means any unauthorized discharge of TENORM to the environment over time.

"Sanitary landfill" means a discrete area of land or an excavation for which the final disposal of solid waste employs a method to obtain the most dense volume practicable of the waste and covering with earth or other suitable material. A sanitary landfill may receive household waste, community waste, municipal solid waste, commercial waste, and industrial waste.

"Scale" means a mineral salt deposit that may occur on wellbore tubulars or pipes and components as the saturation of produced fluid is affected by changing temperature and pressure conditions in production conduit. Typical scales are calcium carbonate, calcium sulfate, barium sulfate or barite, strontium sulfate, iron sulfide, iron oxides, iron carbonate, the various silicates and phosphates and oxides, or any of a number of compounds insoluble or slightly soluble in water.

"Spill" means any unauthorized sudden discharge of TENORM to the environment.

"Solid waste disposal site and facility" means the location and/or facility at which the deposit and final treatment of solid wastes occur.

"Source material" means uranium or thorium, or any combination of uranium or thorium, in any physical or chemical form, including ores that contain, by weight, one-twentieth of 1 percent (0.05 percent) or more, of uranium, thorium or any combination thereof. Source material does not include special nuclear material.

"Tank" means a stationary vessel constructed of non-earthen materials (e.g concrete, steel, plastic) that provides structural support and is designed and operated to store produced fluids or E&P waste.

"Tank bottom" means extraneous materials which may settle to the bottoms of tanks.

"Technologically enhanced naturally occurring radioactive material" (TENORM) means naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. "TENORM" does not include:

A. Background radiation or the natural radioactivity of rocks or soils;
B. "Byproduct material" or "source material", as defined by Colorado statute or rule; or
C. Enriched or depleted uranium as defined by Colorado or federal statute or rule. "TENORM Radionuclides" means Radium-226, Radium-228, Lead-210, and Polonium-210.

6 CCR 1007-1-20.2

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