5 Colo. Code Regs. § 1002-31.33

Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1002-31.33 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: DECEMBER, 1996 HEARING

The provisions of C.R.S. 25-8-202(1)(b) and (2); 25-8-204; and 25-8-402; provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted in compliance with 24-4-103(4) C.R.S. the following statement of basis and purpose.

BASIS AND PURPOSE

1.Summary

In this rulemaking proceeding, the Commission adopted a revised basic standard for surface water for plutonium (Pu) and established an additional basic standard for surface water for americium (Am).

2.Background

The Commission previously adopted a basic standard for plutonium of 15 pCi/L and had no basic standard for americium. A basic standard was considered in this hearing for americium because it is closely associated with plutonium and these two radionuclides generally occur together. The current basic standard of 15 pCi/L plutonium was calculated using methodologies in the 1976 National Interim Primary Drinking Water Regulations and was consistent with a goal of keeping exposures below 4 millirems per year. The Basis and Purpose indicated that it was necessary and important to restrict levels because of the difficulty of removing this radionuclide by conventional treatment procedures and because the potential adverse effect on human health suggests that extreme caution be exercised in its release to State waters. Since plutonium is predominantly an alpha emitter, the basic standard was made consistent with the 15 pCi/L alpha standard. (A site-specific standard, based on ambient conditions, was set in 1990. Note that this hearing also addressed site-specific standards, which are further discussed in section 3.8.48 of this Statement of Basis and Purpose.)

3. Basis for Commission Decision

Since the previous basic standard was set, several changes have occurred:

1) a new methodology for assessing carcinogens has become the standard practice,
2) new data have resulted in periodic updates to the slope factors used in this methodology, and
3) a more refined Commission policy on appropriate levels of protection for carcinogens has been developed. This latter risk-based policy also parallels a national trend towards risk-based approach to environmental cleanup standards.

The 15 pCi/L dose-based approach was calculated using a "reference-man" and considered exposure during his working life. It was an approach designed to address questions related to occupational exposure. It did not consider sex, age and organ-specific factors over a lifetime. In contrast, the new slope factor methodology, used in EPA's 1989 Risk Assessment Guidance for Superfund Sites, is more complete, more applicable to a general population and has become the standard practice for calculating risk.

The Commission adopted a basic standard of 0.15 pCi/L for plutonium and americium, calculated using a 1x10-6 risk level, based on residential use. This risk level is consistent with the Commission's policy for human health protection.

PARTIES TO THE RULEMAKING

1. State of Colorado Division of Wildlife
2. U.S. Department of Energy
3. Kaiser-Hill Company, LLC
4. City of Broomfield
5. City of Westminster
6. U.S. EPA Region VIII
7. City of Thornton
8. City of Arvada
9. City of Northglenn

5 CCR 1002-31.33

39 CR 11, June 10, 2016, effective 6/30/2016
39 CR 17, September 10, 2016, effective 12/31/2016
40 CR 03, February 10, 2017, effective 3/2/2017
40 CR 23, December 10, 2017, effective 12/30/2017
41 CR 01, January 10, 2018, effective 1/31/2018
43 CR 03, February 10, 2020, effective 6/30/2020
43 CR 11, June 10, 2020, effective 6/30/2020
44 CR 17, September 10, 2021, effective 12/31/2021
Renumbered from 5 CCR 1002-31.57 44 CR 17, September 10, 2021, effective 12/31/2021
Renumbered to 5 CCR 1002-31.5844 CR 17, September 10, 2021, effective 12/31/2021
46 CR 10, May 25, 2023, effective 6/14/2023