(1) (a) The state board shall formulate, adopt, and promulgate rules as provided in subsection (2) of this section that cover subject matter relative to radiation machines and radioactive materials, including naturally occurring radioactive materials and other sources of radiation. The subject matter of the rules must include: Licenses and registration; records; permissible levels of exposure; notification and reports of accidents; technical qualifications of personnel; technical qualifications of mammographers; handling, transportation, and storage; waste disposal; posting and labeling of hazardous sources and areas; surveys; monitoring; security of materials; and financial assurance warranties.
(b) (I) Subject to the department providing its report and summary to the senate committee on health and human services and the house of representatives committee on health, insurance, and environment or their successor committees pursuant to subsection (1)(b)(V) of this section, the state board shall, by December 31, 2020, adopt rules concerning the disposal of naturally occurring radioactive materials.
To facilitate decisions and approaches to the handling, transportation, beneficial use,and disposal in Colorado of naturally occurring radioactive material and technologically enhanced naturally occurring radioactive material, referred to in this subsection (1)(b) as TENORM, that are based on a reasonable relationship to the economic, environmental, energy, and public health costs and impacts of these activities, the department shall convene a stakeholder group to discuss the development of rules and the impacts the rules might have on various industries. The department shall invite participation by representatives of, at a minimum, the oil and gas industry, mining industry, operators of EP waste disposal facilities, as that term is defined in section 30-20-109 (1.5)(a)(II), public water providers, public wastewater treatment providers, solid waste landfill operators, and other interested or affected parties concerning the disposal of naturally occurring radioactive material and TENORM.
During the stakeholder and rule-making process, the department shall:
Review and consider TENORM residual management and regulatory limits from
other states;
Prepare a report with input provided by the stakeholder group that considers background radiation levels in the state, waste stream identification and quantification, use and disposal practices, current engineering practices, appropriate test methods, economic impacts, and data gaps; and
Develop a proposed residuals management rule based on the report specified in subsection (1)(b)(III)(B) of this section that includes regulatory limits for at least landfill disposal, beneficial reuse, and exemption levels. The rule must allow for the beneficial reuse of water treatment residuals and by-products of the wastewater treatment process.
The development of concentration limits for each management option listed in subsection (1)(b)(III)(C) of this section must be based on the contribution to public dose and account for different activities specific to each management option.
No later than December 31, 2019, the department shall provide the report specifiedin subsection (1)(b)(III)(B) of this section and a detailed summary of the stakeholder process specified in subsection (1)(b)(III) of this section to the senate committee on health and human services and the house of representatives committee on health, insurance, and environment or their successor committees. The summary must include a description of the stakeholder process, including outreach efforts, the number of meetings held, and any dissenting comments submitted by participants in the stakeholder process. The department shall not file a notice of proposed rule-making pursuant to section 24-4-103 for the proposed residuals management rule as specified in subsection (1)(b)(III)(C) of this section until the department provides the report and summary to the committees of reference.
Until the rules adopted by the state board pursuant to subsection (1)(b)(I) of thissection become effective, the handling, transportation, beneficial use, and disposal of TENORM is governed by the "Interim Policy and Guidance Pending Rulemaking for Control and Disposition of Technologically-Enhanced Naturally Occurring Radioactive Materials in Colorado", issued by the department, dated February 2007, and the oil and gas waste production guidance letters dated November 7 and November 14, 2017.
Subsections (1)(b)(II) to (1)(b)(VI) of this section and this subsection (1)(b)(VII) are repealed if the state board adopts the rules specified in subsection (1)(b)(I) of this section. The state board shall notify the revisor of statutes in writing of the date on which the rules specified in subsection (1)(b)(I) of this section become effective by e-mailing the notice to [email protected]. Subsections (1)(b)(II) to (1)(b)(VI) of this section and this subsection (1)(b)(VII) are repealed, effective upon the date identified in the notice that the rules became effective or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
(c) Notwithstanding any provision of section 25-11-103 (7)(h), it is not necessary that a governmental entity own any site that is used for the concentration, storage, or disposal of radioactive material if the owner of the site complies with rules promulgated by the board in accordance with this section. The rules must ensure the long-term protection of the public health and safety and may include financial assurance warranties pursuant to this part 1, deed annotations and restrictions, easement provisions, restrictive covenants, and adequate markers to warn of the presence of radioactive materials.
Rules promulgated under this section must be consistent with United States nuclearregulatory commission requirements necessary to maintain agreement state status and final regulations proposed by the Conference of Radiation Control Program Directors, Inc., or its successor, under the title, "Suggested State Regulations for Control of Radiation"; except that, if the state board concludes on the basis of detailed findings that a substantial deviation from any of the suggested state regulations is warranted and that a substitute rule or no rule would effectively permit maximum utilization of sources of radiation consistent with the health and safety of all persons who might otherwise become exposed to the radiation, the state board need not maintain the suggested state regulation or may promulgate a substitute rule as the case may be.
(2.5) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, § 4, effective May 26, 2010.)
The rules adopted pursuant to this part 1 shall never be construed to limit the kind oramount of radiation that may be intentionally applied to a person for diagnostic or therapeutic purposes by or under the direction of a duly licensed practitioner of the healing arts.
(Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, § 4, effective May26, 2010.)
In adopting, amending, or repealing rules under this section, the board shall complywith article 4 of title 24, C.R.S.
(a) The state board shall promulgate a fee schedule, in accordance with section 24-4103, C.R.S., for radiation control services provided by the department. Radiation control services for which fees may be established include application processing for qualified inspectors, qualified experts, and service companies as defined by the state board, which fees shall be paid by the applicants or service companies; issuance of categories of specific licenses to accord with categories established by the nuclear regulatory commission and which shall include licenses for special nuclear material, source material, byproduct material, well logging and surveys and tracer studies, and for human use; and inspections of licensees as authorized by section 25-11103 (6). Licenses and fees shall, where appropriate, be in accordance with policies and priorities of the nuclear regulatory commission.
The state board shall set fees that provide sufficient revenues to reimburse the statefor the actual direct and indirect costs of the radiation control services specified in paragraph (a) of this subsection (6). In so doing, the state board shall take into account any special arrangements between the state and the licensee, another state, or a federal agency whereby the cost of the service is otherwise recovered.
All fees collected pursuant to this subsection (6) shall be transmitted to the statetreasurer, who shall credit the same to the radiation control fund, which fund is hereby created. Moneys credited to the radiation control fund, in amounts determined annually by the general assembly by appropriation, shall be expended for radiation control services as provided in this subsection (6).
The state board shall promulgate rules as necessary to implement section 25-11-107
(5).
(a) The state board shall adopt rules requiring that all machine sources of radiation be inspected and certified by qualified inspectors as safe for the intended uses consistent with 42 U.S.C. sec. 263b and in compliance with the specifications of the state board and the equipment manufacturer. Rules shall include minimum specifications for radiation machines, minimum standards for the qualifications of individuals authorized to inspect and certify radiation machines, and procedures for inspection of radiation machines. If a qualified inspector determines that a radiation machine fails to meet the required specifications, the inspector shall notify the owner or operator immediately and shall notify the department within three days after the determination. A radiation machine that fails to meet the required specifications and is determined by a qualified inspector to be unsafe for human use shall not thereafter be used for human use until subsequent certification, and the qualified inspector shall affix an official noncertification sticker issued by the department indicating that the machine is not authorized for human use. A certification or noncertification sticker shall be affixed on each radiation machine in a location conspicuous to machine operators and to persons on whom the machine is used.
(a.5) and (b) (Deleted by amendment, L. 2010, (HB 10-1149), ch. 282, p. 1311, § 4, effective May 26, 2010.)
In establishing or revising specifications for each type of machine that is a source ofradiation, the standards for approval of qualified inspectors, and the procedures for making inspections, the department shall consult with manufacturers of radiation equipment, health care providers and operators who use the equipment in diagnostic and therapeutic treatment of humans, and qualified inspectors and individuals.
The general assembly hereby finds that the setting of minimum specifications forradiation machines and the establishment of minimum standards for qualified inspectors of those machines are matters of statewide concern. Therefore, no other state agency, political subdivision, or local government shall establish any other specifications for radiation machines or standards for radiation machine inspectors, or impose any fees therefor.
Source: L. 65: p. 718, § 4. C.R.S. 1963: § 66-26-4. L. 79: (2) and (3) amended and (6) added, p. 1064, § 3, effective July 1; (3) amended, p. 1071, § 5, effective January 1, 1980. L. 83: (6)(c) R&RE, p. 1087, § 1, effective July 1; (7) added, p. 1084, § 3, effective July 1. L. 88: (6)(c) amended and (8) added, p. 1045, § 1, effective July 1. L. 93: (1) amended, p. 487, § 2, effective April 26; (1) amended and (2.5) and (8)(a.5) added, p. 701, §§ 3, 4, effective July 1. L. 94: (1)(b) amended, p. 731, § 1, effective April 19. L. 97: (1)(a) amended and (1)(c) added, p. 1632, § 1, effective August 15. L. 98: IP(8)(a) and (8)(a)(III) amended, p. 1337, § 54, effective June 1. L. 2002: (8)(a)(II) and (8)(a)(III) amended, p. 533, § 1, effective May 24. L. 2003: IP(8)(a) amended, p. 711, § 43, effective July 1. L. 2007: IP(8)(a) amended, p. 552, § 1, effective April 16. L. 2010: Entire section amended, (HB 10-1149), ch. 282, p. 1311, § 4, effective May 26. L. 2011: (1)(a) amended, (HB 11-1303), ch. 264, p. 1167, § 63, effective August 10. L. 2015: (1)(a), (1)(c), and (2) amended, (HB 15-1145), ch. 79, p. 220, § 2, effective August 5. L. 2018:
(1)(b) amended, (SB 18-245), ch. 402, p. 2373, § 1, effective August 8.
Editor's note: Amendments to subsection (1) by Senate Bill 93-126 and House Bill 931185 were harmonized.
Cross references: For the legislative declaration contained in the 1993 act amending subsection (1) and enacting subsections (2.5) and (8)(a.5) see section 1 of chapter 184, Session Laws of Colorado 1993.