5 Colo. Code Regs. § 1002-38.71

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-38.71 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE: JANUARY 12, 2009 RULEMAKING; EFFECTIVE MARCH 30, 2009

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

The Commission considered revisions to Table 2 standards for uranium, gross alpha and gross beta for segments 4a, 4b, and 5 of Big Dry Creek.

The previous uranium standards (10 pCi/L for Walnut Creek and 11 pCi/L for Woman Creek) were set in 1996 based on the then current ambient conditions. Recently, post-closure surface water runoff has decreased and the relative contribution of uranium from groundwater has increased. However, the effects of this hydrologic change have not been quantified. In addition, increased treatment of the Solar Pond Plume area will result in a decrease in uranium from that source. Since there is continued uncertainty about the eventual equilibrium surface water uranium concentrations, the Commission decided that human health-based criteria were more appropriate than table value standards, new ambient-based standards or maintaining the current standards. The question of determining the "lowest practical level" will be left to the future when DOE completes a feasibility study of enhanced treatment of the Solar Pond Plume.

The Commission adopted a total uranium standard of 16.8 µg/L to protect human health since the goal for the Rocky Flats site has been to protect all uses. This concentration-based criterion was derived using a reference dose of 0.0006 mg/kg/day and a relative source contribution of 0.8 (see Policy 96-2, Equation 1-1). Based upon a conversion factor of 0.67 pCi/µg uranium, 16.8 µg/L equates to 11.3 pCi/L.

The gross alpha and gross beta standards were deleted. Gross alpha was removed because the site-specific standards for specific alpha-emitting radionuclides are adequate to protect water quality and designated uses. Gross beta was removed because beta emitters are not present at the site at levels above background.

PARTIES TO THE RULEMAKING

1. U.S. Department of Energy, Office of Legacy Management
2. City of Northglenn
3. City of Westminster
4. City and County of Broomfield
5. City of Thornton
6. U.S. EPA

5 CCR 1002-38.71

38 CR 03, February 10, 2015, effective 6/30/2015
38 CR 17, September 10, 2015, effective 12/31/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 03, February 10, 2016, effective 6/30/2016
39 CR 23, December 25, 2016, effective 12/30/2016
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 09, May 10, 2017, effective 6/30/2017
41 CR 01, January 10, 2018, effective 1/31/2018
41 CR 03, February 10, 2018, effective 6/30/2018
42 CR 04, February 25, 2019, effective 6/30/2019
43 CR 03, February 10, 2020, effective 6/30/2020
43 CR 17, September 10, 2020, effective 12/31/2020
44 CR 01, January 10, 2021, effective 2/14/2021
44 CR 05, March 10, 2021, effective 6/30/2021
44 CR 17, September 10, 2021, effective 12/31/2021
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 21, November 10, 2022, effective 11/30/2022
46 CR 10, May 25, 2023, effective 6/14/2023