6 Colo. Code Regs. § 1007-1-20.3
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-20.3 - General Provisions20.3.1 Unless otherwise specified, concentration limits within this Part shall be in dry weight and exclude natural background.A. Acceptable Natural Background values are either: 1. Established by the Department and may be found on the Department's website; or2. For generation, disposal, or beneficial use sites, site specific values may be established and employed. An adequate and acceptable background sample set will provide a mean within +/- 20% of the true average at the 95% confidence level.B. Dry weight refers to the mass of a material excluding the mass of any water or moisture present within the material.1. For the purposes of liquid TENORM sample analysis, unfiltered (total) samples which include both suspended and dissolved solids must be analyzed for activity and shall represent the total dry weight mass of the sample.2. Dry weight concentration values shall be expressed in units of activity per mass, most commonly picocuries per gram.20.3.2 Any person who generates a waste, residual product, or other material by way of a process that has the potential to increase the concentration of NORM and as a result may contain concentrated naturally occurring radionuclides must make a TENORM determination to evaluate whether that material is subject to the applicable requirements established in this Part, or if it can be exempted from the requirements according to Section 20.4 of this Part. The TENORM determination shall be made as follows: A. The TENORM determination for each material must be made at the point of generation, and at any time in the course of its management that it has, or may have, changed its properties or naturally occurring radionuclide concentration as a result of the processes that generated the materials or other factors that may change the properties of the materials such that the TENORM classification of the material may change.B. A person shall use knowledge of the material when making this determination. Acceptable knowledge may include material origin, composition, process knowledge (e.g., radiological, chemical, or physical characterization of feedstocks and other inputs to the production process, including the exclusion of one or more TENORM radionuclides from consideration based on that knowledge); knowledge of products, by-products, and intermediates produced by the process; information on the radiological, chemical, and physical properties of the materials used or produced by the process or otherwise contained in the generated materials; proper characterization of the materials that illustrates the radiological concentrations of TENORM radionuclides within the generated materials; or other reliable and relevant information about the radiological properties of the generated materials (all of which may be used to develop a waste or material profile).1. Oil and Gas Exploration and Production- An operator may submit a request to the Department for approval of an alternative determination method using consolidated characterization data from multiple locations of generation when materials are produced from the same geologic formation.C. Characterization of TENORM materials shall be performed using appropriate and standard methods such as EPA Test Methods for Evaluating Solid Waste: Physical/Chemical Methods Compendium (SW-846) or equivalent alternative methods recognized by the Department. Alternative characterization methods may be submitted to the Department for review and approval. Approved alternatives will be maintained within Department guidance and available on the Department website.20.3.3 Any person who shall make, or cause to be made, surveys of areas or materials, or other measurements which are necessary to comply with or to evaluate or determine applicability of any section of this Part shall ensure that instruments and equipment used for quantitative radiation measurements, for example, radiation dose rate or levels of non-fixed contamination, are: A. Calibrated at intervals not to exceed 12 months for the radiation measured unless otherwise approved by the Department;B. Are appropriate for the radiation being measured; andC. Have minimum detection capabilities adequate to demonstrate compliance or make a regulatory determination.20.3.4 The Department may incorporate into any registration or license at the time of issuance, or thereafter by appropriate rule, regulation, or order, such additional requirements and conditions with respect to the licensee or registrant's receipt, possession, use, transfer, or disposal of radioactive material subject to this Part, as it deems appropriate or necessary in order to:A. Minimize danger to public health and safety, workers, or property; andB. Prevent loss or theft of material subject to this Part.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