March 28, 2002

Mr. Warren E. Jacobi, Manager

Radiation Services Program

Laboratory and Radiation Services Division

Colorado Department of Public Health 

 and Environment

8100 Lowry Boulevard

Denver, CO 80230-6928

Dear Mr. Jacobi:

We have reviewed the final Colorado regulations Part 18-Licensing Requirements for Uranium

and Thorium Processing, which became effective on November 20, 2001. The regulations

were received on January 16, 2002. The final regulations are in response to one of the

amendments identified in the enclosed State Regulation Status (SRS) Data Sheet. The

regulations were reviewed by comparison to the equivalent U.S. Nuclear Regulatory

Commission (NRC) regulations in 10 CFR Part 40 and Appendix A of Part 40. In addition, we

reviewed our August 28, 2001, your August 31, 2001 response, and our October 10, 2001

letters to you that addressed the proposed regulations. We also discussed our review of the

regulations with Ken Weaver on February 19, 2002.

During our review, we noticed, in Criteria 9C and 9D, the ìDepartmentî was inadvertently

inserted where only the NRC has licensing authority. Also, in ß18.1.3, the last phrase in the

second sentence, ìunless that program fails to accomplish remedial actionî should be removed

because it is inconsistent with 10 CFR 40.2a(b). We have enclosed a strike out version of

those two criteria and ß18.1.3 for administrative revision.

As a result of the NRC review, we have determined that the regulations, as adopted, meet the

compatibility and health and safety categories established in Office of State and Tribal

Programs (STP) Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of other Colorado regulations. Please let us

know if you note any inaccuracies or have any comments on the information contained in the

SRS Data Sheet. This letter, including the SRS Data Sheet, is posted on the STP Web Site: 

http://www.hsrd.ornl.gov/nrc/rulemaking.htm.
Warren E. Jacobi 2

If you have any questions regarding the comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me at

(301) 415-2325 or Dr. Stephen N. Salomon of my staff at (301) 415-2368 or e-mail:

SNS@NRC.GOV.

Sincerely,

 /RA/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated
Warren E. Jacobi 2

If you have any questions regarding the comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me at

(301) 415-2325 or Dr. Stephen N. Salomon of my staff at (301) 415-2368 or e-mail:

SNS@NRC.GOV.

Sincerely,

 /RA/

Josephine M. Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures: 

As stated

Distribution:

DIR RF [2-29] DCD (SP08) PDR (YES_)

SDroggitis

DSollenberger

BUsilton

VCampbell, RSAO

CMaupin, ASPO

Colorado File Response to Incoming Document: ML020320440

DOCUMENT NAME: G:\JGZ\Colorado\3-25-02 CO Jacobi.wpd *See previous concurrence.

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy

OFFICE STP STP STP OGC STP:DD

NAME SNSaloman:kk/gd DSollenberger JZabko STreby JMPiccone

DATE 2/20/02* 2/20/02* 2/21/02* 3/27/02* 2/27/02* 3/28/02

 OFFICIAL RECORD COPY
Criteria 9C and 9D, Part 18, Appendix A

We have struck out Department and related words where appropriate.

Criterion 9C. Title to the byproduct material licensed under this Part 18 and land,

including any interests therein (other than land owned by the United States or by the State),

which is used for the disposal of any such byproduct material, or is essential to ensure the

long-term stability of such disposal site, must be transferred to the United States or the State in

which such land is located, at the option of such State. In view of the fact that physical isolation

must be the primary means of long-term control, and Government land ownership is a desirable

supplementary measure, ownership of certain severable subsurface interests (for example,

mineral rights) may be determined to be unnecessary to protect the public health and safety

and the environment. In any case, however, the applicant/operator must demonstrate a 

serious effort to obtain such subsurface rights, and must in the event that certain rights cannot

be obtained, provide notification in local public land records of the fact that the land is being

used for the disposal of radioactive material and is subject to either a U.S. Nuclear Regulatory

Commission or Department general or specific license prohibiting the disruption and

disturbance of the tailings. In some rare cases, such as may occur with deep burial where no

ongoing site surveillance will be required, surface land ownership transfer requirements may be

waived with the approval of the Department and U.S. Nuclear Regulatory Commission. For

licenses issued before November 8, 1981, the Department and U.S. Nuclear Regulatory

Commission may take into account the status of the ownership of such land, and interests

therein, and the ability of a licensee to transfer title and custody thereof to the United States or

the State.

 Criterion 9D. If the U.S. Nuclear Regulatory Commission, or the Department if title is held

by the State, subsequent to title transfer determines that use of the surface or subsurface

estates, or both, of the land transferred to the United States or to a State will not endanger the

public health, safety, welfare, or environment, the U.S. Nuclear Regulatory Commission, or the

Department if title is held by the State, may shall permit the use of the surface or subsurface

estates, or both, of such land in a manner consistent with the provisions provided in these

criteria. If the U.S. Nuclear Regulatory Commission, or the Department if title is held by the

state, permits such use of such land, it will provide the person who transferred such land with

the right of first refusal with respect to such use of such land.

18-30
PART 18

 

 LICENSING REQUIREMENTS FOR URANIUM AND THORIUM PROCESSING

Note: We struck out the phrase, ìunless that program fails to accomplish remedial action.î

 

 [This part was revised in its entirety and was effective November 30, 2001, unless

otherwise noted in the left hand margin]

 

RH 18.1 Purpose and Scope.

 

18.1.1 The regulations in this part establish criteria, terms and conditions upon which

the Department issues licenses to receive title to, receive, possess, use,

transfer, or deliver source and byproduct materials, to operate uranium and

thorium processing facilities and for the disposition of the resulting byproduct

material. The requirements of this part are in addition to, and not in substitution

for, other applicable requirements of these regulations.

 

18.1.2 This part establishes performance objectives and procedural requirements

applicable to any uranium or thorium material processing operation, to waste

systems for byproduct material as in definition (2) of RH 1.4, and to related

activities concerning uranium-bearing and thorium-bearing materials. It

establishes specific technical and financial requirements for siting, construction,

operation, and decontamination, reclamation and ultimate stabilization, as well as

requirements for license transfer and termination, long-term site monitoring and

surveillance, and ownership and ultimate custody of source material milling

facilities and byproduct material impoundments.

 

18.1.3 The requirements of this part apply to byproduct material that is located at a site

where milling operations are no longer active, if such site is not covered by the

remedial action program of Title I of the Uranium Mill Tailings Radiation Control

Act (UMTRCA) OF 1978 (92 STAT. 3021; 42 U.S.C. 7901). The regulations in

this part do not establish procedures and criteria for the issuance of licenses for

materials covered under Title I of the Uranium Mill Tailings Radiation Control Act

of 1978 (92 Stat. 3021) unless that program fails to accomplish remedial action.

Disposal at a uranium or thorium processing site of radioactive material which is

not type 2 byproduct material must not inhibit reclamation of the tailings

impoundment or the ability of the U.S. Government to take title to the

impoundment as long-term custodian.

 

RH 18.2 As used in this regulation:

 

 "Active maintenance" means any significant activity needed during the period of

long term care including ongoing activities such as the pumping and treatment of

water from a site or one-time measures such as replacement of a disposal site's

cover. Active maintenance does not include custodial activities such as repair of

fencing, repair or replacement of monitoring equipment, revegetation, minor

additions to soil cover, minor repair of disposal site cover, and general disposal

site upkeep such as mowing grass.

 

 "Aquifer" means a geologic formation, group of formations, or part of a

formation capable of yielding a significant amount of ground water to wells or

springs. Any saturated zone created by uranium or thorium operations would not

be considered an aquifer unless the zone is or potentially is:

 

18-1

STATE REGULATION STATUS
State: Colorado

[One amendment reviewed is identified by a  Tracking Ticket Number: at the beginning of the equivalent NRC regulation.] Date: March 28, 2002

NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Safety Requirements for Radiographic Equipment-Part 34 55 FR 843; (1/10/94) 1991-1 F ANT Certification of Radiographers-Part 34 56 FR 11504; (none) 1991-2 

Standards for Protection Against Radiation-Part 20 56 FR 23360; 56 FR 61352;

57 FR 38588; 57 FR 57877;58 FR 67657; 59 FR 41641;60 FR 20183; (1/1/94)

1991-3 F 

Notification of Incidents-Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; (10/15/94) 1991-4 F Quality Management Program and Misadministrations-Part 35 56 FR 34104; (1/27/95) 1992-1Eliminating the Recordkeeping Requirements for Departures from Manufacturer'sInstructions-Parts 30, 35

57 FR 45566; (none) 1992-2 

Decommissioning Recordkeeping and License Termination: Documentation Additions[Restricted areas and spill sites]-Parts 30, 40 

58 FR 39628; (10/25/96) 1993-1 F 

Licensing and Radiation Safety Requirements for Irradiators-Part 36 58 FR 7715; (7/1/96) 1993-2 F Definition of Land Disposal and Waste Site QA Program-Part 61 58 FR 33886; (7/22/96) 1993-3 F Self-Guarantee as an Additional Financial Mechanism-Parts 30, 40, 70 58 FR 68726; 59 FR 1618

(none)

1994-1 F 

Uranium Mill Tailings Regulations: Conforming NRC Requirements to EPA StandardsPart 40 59 FR 28220; (7/1/97) 1994-2 F Timeliness in Decommissioning Material Facilities-Parts 30, 40, 70 59 FR 36026; (8/15/97) 1994-3 F Preparation, Transfer for Commercial Distribution, and Use of Byproduct Material forMedical Use-Parts 30, 32, 35

59 FR 61767; 59 FR 6524360 FR 322; (1/1/98)

1995-1 F 

Frequency of Medical Examinations for Use of Respiratory Protection EquipmentPart 20 60 FR 7900; (3/13/98) 1995-2 F 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

Low-Level Waste Shipment Manifest Information and Reporting-Parts 20, 61 60 FR 15649; 60 FR 25983

(3/1/98)

1995-3 F 

Performance Requirements for Radiography Equipment-Part 34 60 FR 28323; (6/30/98) 1995-4 F Radiation Protection Requirements: Amended Definitions and Criteria-Parts 19, 20 60 FR 36038; (8/14/98) 1995-5 F Clarification of Decommissioning Funding Requirements-Parts 30, 40, 70 60 FR 38235; (11/24/98) 1995-6 P Medical Administration of Radiation and Radioactive Materials-Parts 20, 35 60 FR 48623; (10/20/98) 1995-7 P 10 CFR Part 71: Compatibility with the International Atomic Energy Agency-Part 71 60 FR 50248; 61 FR 28724

(4/1/99)

1996-1 F 

One Time Extension of Certain Byproduct, Source and Special Nuclear MaterialsLicenses-Parts 30, 40, 70

61 FR 1109; (none) 1996-2 

Termination or Transfer of Licensed Activities: Record keeping Requirements-Parts 20,30, 40, 61, 70

61 FR 24669; (6/17/99) 1996-3

Resolution of Dual Regulation of Airborne Effluents of Radioactive Materials; Clean AirAct-Part 20

61 FR 65120; (1/9/00) 1997-1 F 

Recognition of Agreement State Licenses in Areas Under Exclusive Federal JurisdictionWithin an Agreement State-Part 150

62 FR 1662; (2/27/00) 1997-2 F 

Criteria for the Release of Individuals Administered Radioactive Material-Parts 20, 35 62 FR 4120; (5/29/00) 1997-3 F Fissile Material Shipments and Exemptions-Part 71 62 FR 5907; (none) 1997-4 P Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiography Operations-Parts 30, 34, 71, 150

62 FR 28947; (6/27/00) 1997-5 F 

Radiological Criteria for License Termination-Parts 20, 30, 40, 70 62 FR 39057; (8/20/00) 1997-6 F Exempt Distribution of a Radioactive Drug Containing One Micro curie of Carbon-14 UreaPart 30 62 FR 63634; (1/02/01) 1997-7 F Deliberate Misconduct by Unlicenced Persons-Parts 30, 40, 61, 70, 71, 150 63 FR 1890; 63 FR 13773

(2/12/01)

1998-1 F

ML010380

Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond-IssuingLicensees- Parts 30, 40, 70

63 FR 29535; (none) 1998-2 

License Term for Medical Use Licenses-Part 35 63 FR 31604; (none) 1998-3 
NRC Chronology Identification FR Notice

(Date Due for StateImplementation)

RATS ID

Proposed / Final (F)

Rule / ML 

1. Or other generic Legally Binding Requirements.2. (Y/N) Y means ìYes,î there are comments in the review letter that the State needs to address. 

N means ìNo,î there are no comments in the review letter.

3. Not required means these regulations are not required for purposes of compatibility.4. ADAMS ML Number.

Licenses for Industrial Radiography and Radiation Safety Requirements for IndustrialRadiographic Operations-Part 34

63 FR 37059; (7/9/01) 1998-4 F 

Minor Corrections, Clarifying Changes, and a Minor Policy Change-Parts 20, 35, 36 63 FR 39477; 63 FR 45393

(10/26/01)

1998-5 P

ML012190

Transfer for Disposal and Manifests: Minor Technical Conforming Amendment-Part 20 63 FR 50127; (11/20/01) 1998-6 P

ML012190

Radiological Criteria for License Termination of Uranium Recovery Facilities-Part 40 64 FR 17506; (6/11/02) 1999-1 F

ML020320

Requirements for Those Who Possess Certain Industrial Devices Containing ByproductMaterial to Provide Requested Information-Part 31

64 FR 42269; (none) 1999-2 

Respiratory Protection and Controls to Restrict Internal Exposure-Part 20 64 FR 54543; 64 FR 55524

(2/2/03)

1999-3

Energy Compensation Sources for Well Logging and Other Regulatory Clarifications-Part39

65 FR 20337; (5/17/03) 2000-1

New Dosimetry Technology-Parts 34, 36, 39 65 FR 63750; (1/8/04) 2000-2Requirements for Certain Generally Licensed Industrial Devices Containing ByproductMaterial - Parts 30, 31, 32

65 FR 79162 2001-1