6 Colo. Code Regs. § 1007-1-20.4

Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-20.4 - Exemptions

TENORM materials that qualify for exemption in accordance with any one of the following exemption categories are exempt from this rule and do not need to meet the requirements of any other exemption category.

20.4.1 Exempt Concentrations.
A. Persons who generate, handle, process, transfer, receive, transport, dispose of, possess, distribute, or beneficially use TENORM are exempt from the requirements of this part if the materials contain or are contaminated at concentrations in dry weight not in excess of those listed in Table 20- 1 excluding natural background. The radioactive progeny of the isotopes present in exempt TENORM are also exempt.

Table 20- 1 Exempt TENORM Concentrations

Isotope

Picocuries/gram (pCi/g)

Radium-226

5

Radium-228

5

Lead-210

5

Polonium-210

5

20.4.2 Exempt Quantities.
A. Persons who generate, handle, process, transfer, receive, transport, dispose of, possess, distribute, or beneficially use TENORM are exempt from the requirements of this part if the materials are in individual quantities each of which does not exceed the applicable quantity set forth in Table 20- 2. The radioactive progeny of the isotopes present in exempt TENORM are also exempt.

Table 20- 2 Exempt TENORM Quantities

Isotope

Microcuries (µCi)

Radium-226

0.1

Radium-228

0.1

Lead-210

0.1

Polonium-210

0.1

20.4.3 Household waste containing TENORM is exempt from the requirements of this Part.
20.4.4 Consumer goods or products such as tobacco products or building materials are exempt from the requirements of this Part.
20.4.5 Waste pipe generated by oil and gas exploration and production, midstream, or downstream related activities or by other industrial activities that may contain TENORM as scale shall be exempt from this Part if:
A. The pipe is no longer than 50 feet in length, or the pipe is cut to individual sections no longer than 50 feet in length; and
B. Each pipe section exhibits no measured radiation dose rate distinguishable from natural background when measured on contact with both the exterior surface and each accessible surface of the interior of the pipe section with a portable radiation detector; and
C. For each pipe section used for transfer or processing of natural gas, the level of non-fixed alpha contamination of each accessible interior surface does not exceed 600 disintegrations per minute per 100 square centimeters (600 dpm/100 cm2).
20.4.6 Transportation: Common and contract carriers, freight forwarders, and warehouse workers which are subject to the requirements of the DOT in 49 CFR 170 through 189 (2020), or the U.S. Postal Service in the Postal Service Manual (Domestic Mail Manual), are exempt from the requirements of this Part to the extent that they transport or store radioactive material in the regular course of their carriage for others or storage incident thereto.
20.4.7 The Department may, upon application or upon its own initiative, grant an exemption or exception from any requirement in this Part as it determines is authorized by law and will not result in undue hazard to public health and safety, workers, or property.
20.4.8 No person may, for purposes of rendering materials exempt under the requirements of Section 20.4, purposefully dilute TENORM to reduce the concentration of radionuclides contained within the materials or subdivide TENORM material to reduce the quantity of radionuclides contained within the materials below the exempt limits. Operations which are routine, state of practice, and common within an industry or are required for purposes of the activity being conducted which may inadvertently reduce the concentration of TENORM but are not performed for the express purpose of rendering a material exempt are not prohibited.

6 CCR 1007-1-20.4

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