October 24, 2011 

Stephen Tarlton, Manager 

Radiation Control Program 

Hazardous Materials and Waste Management Division 

4300 Cherry Creek Drive South 

Denver, CO 80246 

Dear Mr. Tarlton: 

We have reviewed Colorado=s AColorado Radiation Control Act@ contained in 25-11-101 through 

25-11-305 received by our office on April 13, 2011. The legislation was reviewed by comparison 

to 10 CFR 40, ADomestic Licensing of Source Material”; 10 CFR Part 61, “Licensing 

Requirements for Land Disposal of Radioactive Waste”; and the Suggested State Legislation 

(SSL) on “Radiation Control,” published 1983 by the Council of State Governments. 

Please note that we have limited our review to program elements required for compatibility and/or 

health and safety and the identification of program elements that create conflicts, duplications or 

gaps in the orderly pattern of regulations on a nationwide basis (See the 1997 Policy Statement 

on Adequacy and Compatibility of Agreement State Programs). We note that Colorado became 

an Agreement State on January 1, 1968 and amended their Agreement to include Section 11e.(2) 

material of the Atomic Energy Act on April 20, 1982. During the negotiations for both the 

Agreement and the amendment to the Agreement, NRC reviewed Colorado’s enabling legislation. 

We are unaware of additional reviews by NRC of changes to the Colorado enabling legislation 

since those reviews. 

The Colorado legislation appears to loosely follow the SSL model legislation and the State has 

operated their agreement program under this legislation since becoming an Agreement State. 

Based on our review, we have some comments/concerns about the legislation in addition to the 

changes associated with revisions that occurred in 2002, 2003 and 2010 as noted below. We 

discussed our review of the legislation with James Jarvis on October 19, 2011. 

We offer the following comments: 

1. In 25-11-201-(3), Colorado Revised Statutes (C.R.S.), Colorado defines the term 

“Radioactive waste” which appears to encompass both high level and low-level 

radioactive waste. By defining this term in this manner, there appears to be duplication of 

regulatory authority with the inclusion of material not covered by the 274b agreement with 

Colorado and reserved to the NRC. Colorado does not have a specific definition for 

low-level radioactive waste, but does have a definition for waste found in Colorado 

regulations, 1.2.2 Definitions at

http://www.cdphe.state.co.us/regulations/radiationcontrol/index.html which does meet the 

Compatibility Category B designation associated with the definition of “waste” in 10 CFR 

61.2. 
- 2 - 

We recommend that the definition of “Radioactive Waste” in 25-11-201-(3) be revised to 

meet the Compatibility Category B designation assigned to the definition of “waste” in 10 

CFR 61.2. 

2. In 25-11-201-(1), Colorado defines a term “classified material” which is not used in the 

NRC regulation scheme. This definition appears to cause conflicts as it groups 11e.(2) 

material with the other materials that do not need to meet the additional requirements for 

11e.(2) byproduct material under UMTRCA and Part 40. Although Part 2, “Radioactive 

Waste”, 25-11-201 to 25-11-203, appears to apply to radioactive material, the rest of Part 

2 appears to mix the terms radioactive waste with classified material as it lays out 

requirements for both low-level radioactive waste and uranium recovery facilities. 

We recommend that the definition of “classified material” in 25-11-201-(1) be removed and 

that the legislation be revised and restructured to clearly incorporate the appropriate 

definitions and requirements from the Part 40 and Part 61 that Colorado is responsible for 

under the Section 274b Agreement. 

3. Colorado has two definitions for the term radioactive. In 25-11-101(5), the definition 

means “emitting radiation.” In 25-11-201(2), definition means “emitting alpha rays, beta 

rays, gamma rays, high-energy neutrons or protons, or other high-level radioactive 

particles. The term “radioactive” does not include material in which the estimated specific 

activity is not greater than .002 microcuries per gram of material, and in which the 

radioactivity is essentially uniformly distributed.” 

The last sentence of the second definition is inconsistent with the responsibilities and 

authority assumed by the State of Colorado under the 274b Agreement and appears to 

create a gap in the orderly pattern of regulations on a nationwide basis. We recommend 

that the second definition be revised or removed. 

4. In 25-11-101 and 25-11-201, Colorado does not define byproduct, source or special 

nuclear material, although these terms are defined in Colorado regulations in at

http://www.cdphe.state.co.us/regulations/radiationcontrol/index.html and meet the 

compatibility categories designations assigned to them. We recommend that Colorado 

consider adding these definitions to the legislation to clarify the materials covered by the 

Agreement. 

5. In 25-11-109, Colorado’s legislation permits the issuance of provisional license by the 

Colorado Department of Public Health and Environment (the Department). The 

provisional license is issued if the Department has failed to issue or has denied a request 

for a license, or an amendment thereto, as authorized by 25-11-109, within 30 days of the 

date of receipt by the Department of a completed application made on the appropriate 

forms designated by the Department to a hospital as licensed or certified pursuant to 

section 25-1.5(1)(a)(I) and (1)(a)(II). These provisional licenses can be in effect for up to 

180 days and apply only to licensed or certified hospitals when the purpose is to acquire, 

possess, and use radioactive material for diagnostic or therapeutic human use. 

This is contrary to the requirement to issue licenses that have addressed health and safety 

requirements in the regulations and affects the adequacy of the State’s program under 

274b. This provision needs to be removed from the legislation 
- 3 - 

6. In 25-11-110(4)(d), Colorado requires that the amount of a long-term care warranty shall 

be enough that, with the assumed six percent annual real interest rate, the annual interest 

earning will be sufficient to cover the annual costs of site surveillance by the Department, 

including reasonable administrative costs incurred by the Department, in perpetuity, 

subsequent to the termination of the radioactive materials license for that site. 

This is less restrictive than the provision in Part 40, Appendix A, Criterion 10, which 

assumes a one percent annual real interest. The 6% annual real interest rate will greatly 

underestimate the amount of funding necessary for the long term surveillance necessary 

to meet the Compatibility Category C designation assigned to Part 40, Appendix A, 

Criterion 10. 

We recommend that you address the six comments above concerning the authority provided to 

the Department under the 274b agreement with NRC. Colorado may resolve some of these 

comments through revision or interpretation of State law. Although NRC will review all 

submittals to determine acceptability, NRC may accept interpretations provided by the State 

Attorney General, or other attorney designated as legal advisor to the radioactive materials 

program. 

If you have any questions regarding the comments, please contact Kathleen Schneider, State 

Regulation Review Coordinator at 301-415-2320 (Kathleen.schneider@nrc.gov). 

Sincerely, 

/RA/ 

A. Duncan White, Acting Deputy Director 

Division of Materials Safety and State Agreements 

Office of Federal and State Materials and 

Environmental Management Programs 
[Concurrence Page] 

Enclosures: As stated 

Distribution: 

DIR RF (11-9) SUNSI Review Complete 

DCD (SP08) : Publicly Available G Non-Publicly Available 

RErickson, RSAO : Non-Sensitive G Sensitive 

JKatanic, POC 

CO File 

DOCUMENT NAME: G:\DMSSA\SAISB\REGULATION TOOLBOX\States\Colorado\11-9 

Incoming Document: ML111080623 

OFFICE ASPB OGC ASPB:BC MSSA:DD 

NAME KSchneider BJones LDimmick DWhite 

DATE 09/27/11 10/11/11 10/24/11 10/24/11 

ML112630471 OFFICIAL RECORD COPY Package ML112630034 
STATE REGULATION STATUS

State: Colorado 

 Tracking Ti

[Legislation reviewed is identified by a i Date: Octoat the beginning of the equivalent NRC requirement.] 

RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1991-1 Safety Requirements for Radiographic Equipment 

Part 34 55 FR 843 (Superceded by 1997-5) 

01/10/1994 Final Comments 

05/29/1997 

ColoraRegul1997-

1991-2 ASNT Certification of Radiographers 

Part 34 56 FR 11504 (Superceded by 1997-5) 

none Not Required Not Required Colora

Regul1997-

1991-3 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; 

01/01/1994 Final No Comments 

08/18/1997 

1991-4 Notification of Incidents 

Parts 20, 30, 31, 34, 39, 40, 70 56 FR 64980; 

10/15/1994 Final Comments 

05/29/1997 

1992-1 Quality Management Program and 

Misadministrations Part 35 56 FR 34104 (Superceded by 2002-2)

01/27/1995 Not Required Not Required Colora

RegulID: 20

1992-2 Eliminating the Recordkeeping Requirements 

for Departures from Manufacturer's Instructions Parts 30, 35 

none Not Required Not Required These 

requirof Com
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

57 FR 45566 

1993-1 Decommissioning Recordkeeping and License 

Termination: Documentation Additions [Restricted areas and spill sites] Parts 30, 40 58 FR 39628 

10/25/1996 Final No Comments 

06/14/2000 

1993-2 Licensing and Radiation Safety Requirements for 

Irradiators Part 36 58 FR 7715 

07/01/1996 Final No Comments 

05/29/1997 

1993-3 Definition of Land Disposal and Waste Site QA 

Program Part 61 58 FR 33886 

07/22/1996 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1994-1 Self-Guarantee as an Additional Financial 

Mechanism Parts 30, 40, 70 58 FR 68726; 59 FR 1618 

none Final No Comments 

06/14/2000 

These requirof Com

1994-2 Uranium Mill Tailings Regulations: Conforming 

NRC Requirements to EPA Standards Part 40 59 FR 28220 

07/01/1997 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1994-3 Timeliness in Decommissioning Material Facilities 

Parts 30, 40, 70 59 FR 36026 

08/15/1997 Final No Comments 

06/14/2000 

1995-1 Preparation, Transfer for Commercial Distribution, 

and Use of Byproduct Material for Medical Use 

01/01/1998 Final No Comments 

06/14/2000 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Parts 30, 32, 35 59 FR 61767; 59 FR 65243; 60 FR 322 

1995-2 Frequency of Medical Examinations for Use of 

Respiratory Protection Equipment Part 20 60 FR 7900

03/13/1998 Final No Comments 

06/14/2000 

1995-3 Low-Level Waste Shipment Manifest Information and 

Reporting Parts 20, 61 60 FR 15649; 60 FR 25983 

03/01/1998 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1995-4 Performance Requirements for Radiography 

Equipment Part 34 60 FR 28323 (Superceded by 1997-5) 

06/30/1998 Final No Comments 

06/14/2000 

ColoraRegul1997-

1995-5 Radiation Protection Requirements: Amended 

Definitions and Criteria Parts 19, 20 60 FR 36038 

08/14/1998 Final 

ML080770375 

No Comments 05/02/2008 ML081221012 

1995-6 Clarification of Decommissioning Funding 

Requirements Parts 30, 40, 70 60 FR 38235 

11/24/1998 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1995-7 Medical Administration of Radiation and Radioactive 

Materials Parts 20, 35 60 FR 48623 (Superceded by 2002-2 and 2005-2) 

10/20/1998 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

ColoraRegul2002-
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1996-1 Compatibility with the International Atomic Energy 

Agency Part 71 60 FR 50248; 61 FR 28724 (Superceded by 2004-1) 

04/01/1999 Final No Comments 

03/22/2001 

ColoraRegul2004-

1996-2 One Time Extension of Certain Byproduct, Source 

and Special Nuclear Materials Licenses Parts 30, 40, 70 61 FR 1109 

02/15/1999 Not Required Not Required These 

requirof Com

1996-3 Termination or Transfer of Licensed Activities: 

Record keeping Requirements Parts 20, 30, 40, 61, 70 61 FR 24669 

06/17/1999 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1997-1 Resolution of Dual Regulation of Airborne Effluents 

of Radioactive Materials; Clean Air Act Part 20 61 FR 65120 

01/9/2000 Final No Comments 08/08/2000 

1997-2 Recognition of Agreement State Licenses in Areas 

Under Exclusive Federal Jurisdiction Within an Agreement State Part 150 62 FR 1662 

02/27/2000 Final No Comments 

06/14/2000 

1997-3 Criteria for the Release of Individuals Administered 

Radioactive Material Parts 20, 35 62 FR 4120 

05/29/2000 Final No Comments 

06/14/2000 

1997-4 Fissile Material Shipments and Exemptions 

Part 71 

02/10/2000 Not Required Not Required Colora

Regul
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

62 FR 5907 (Superceded by 2004-1) 

2004-

1997-5 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiography Operations Parts 30, 34, 71, 150 62 FR 28947 

06/27/2000 Final No Comments 

08/08/2000 

1997-6 Radiological Criteria for License Termination 

Parts 20, 30, 40, 70 62 FR 39057 

08/20/2000 Final No Comments 

07/13/1999 

1997-7 Exempt Distribution of a Radioactive Drug 

Containing One Micro curie of Carbon-14 Urea Part 30 62 FR 63634 

01/02/2001 Final No Comments 

06/14/2000 

1998-1 Deliberate Misconduct by Unlicensed Persons 

Parts 30, 40, 61, 70, 71, 150 

63 FR 1890; 63 FR 13773

02/12/2001 Final 

ML010380248 

No Comments 09/17/2001 ML012630207 

1998-2 Self-Guarantee of Decommissioning Funding by 

Nonprofit and Non-Bond-Issuing Licensees Parts 30, 40, 70 63 FR 29535 

07/01/2001 Not Required Not Required These 

requirof Com

1998-3 License Term for Medical Use Licenses 

Part 35 63 FR 31604 (Superceded by 2002-2) 

07/10/2001 Not Required Not Required These 

requirof ComColoraRegul2002-
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

1998-4 Licenses for Industrial Radiography and Radiation 

Safety Requirements for Industrial Radiographic Operations Part 34 63 FR 37059 

07/09/2001 Final No Comments 

08/08/2000 

1998-5 Minor Corrections, Clarifying Changes, and a Minor 

Policy Change Parts 20, 32, 35, 36, 39 63 FR 39477; 63 FR 45393 

10/26/2001 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

1998-6 Transfer for Disposal and Manifests: Minor 

Technical Conforming Amendment Part 20 63 FR 50127 

11/20/2001 Final 

ML042440167 

No Comments 01/05/2005 ML050050164 

1999-1 Radiological Criteria for License Termination of 

Uranium Recovery Facilities Part 40 64 FR 17506 

06/11/2002 Final 

ML020320440 

No Comments 03/28/2002 ML020880468 

1999-2 Requirements for Those Who Possess Certain 

Industrial Devices Containing Byproduct Material to Provide Requested Information Part 31 64 FR 42269 

10/04/2002 Not Required Not Required These 

requirof Com

1999-3 Respiratory Protection and Controls to Restrict 

Internal Exposure Part 20 64 FR 54543; 64 FR 55524 

02/02/2003 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

2000-1 Energy Compensation Sources for Well Logging and 

Other Regulatory Clarifications 

05/17/2003 Final 

ML051580379 

No Comments 07/11/2005 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

Part 39 65 FR 20337 

ML051930014 

2000-2 New Dosimetry Technology 

Parts 34, 36, 39 65 FR 63750 

01/08/2004 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

2001-1 Requirements for Certain Generally Licensed 

Industrial Devices Containing Byproduct Material Parts 30, 31, 32 

65 FR 79162

02/16/2004 Final 

ML043290167 

Comments 08/31/2006 ML062400296 

2002-1 Revision of the Skin Dose Limit 

Part 20 67 FR 16298 

04/05/2005 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

2002-2 Medical Use of Byproduct Material 

Parts 20, 32, 35 67 FR 20249 

10/24/2005 Final 

ML 051580379 

No Comments 07/11/2005 ML051930014 

2003-1 Financial Assurance for Materials Licensees 

Parts 30, 40, 70 68 FR 57327 

12/03/2006 Final 

ML043290167 

No Comments 01/05/2005 ML050050164 

2004-1 Compatibility With IAEA Transportation Safety 

Standards and Other Transportation Safety Amendments Part 71 69 FR 3697 

10/01/2007 Final 

ML072620303 

Comments 10/15/2007 ML072900374 

2005-1 Security Requirements for Portable Gauges 

Containing Byproduct Material Part 30 

07/11/2008 Final 

ML052010436 

No Comments 08/05/2005 ML052220212 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

70 FR 2001 

2005-2 Medical Use of Byproduct Material - Recognition of 

Specialty Boards Part 35 70 FR 16336; 71 FR 1926 

04/29/2008 Final 

ML051580379 

No Comments 07/11/2005 ML051930014 

2005-3 Increased Controls for Risk-Significant Radioactive 

Sources (NRC Order EA-05-090)

70 FR 72128 

12/01/2005 License 

Condition ML052580384 

No Comments 09/19/2005 ML052630557 

2006-1 Minor Amendments 

Parts 20, 30, 32, 35, 40 and 70 71 FR 15005 

03/27/2009 Final 

ML111190436 

Comments 10/13/2011 ML112630566 

Parts Requiyet be

2006-2 National Source Tracking System - Serialization 

Requirements Part 32 with reference to Part 20 Appendix E 71 FR 65685 

02/06/2007 

2006-3 National Source Tracking System 

Part 20 71 FR 65685, 72 FR 59162 

01/31/2009 License 

Condition ML082730235 

No Comments 10/21/2008 ML082880091 

2007-1 Medical Use of Byproduct Material - Minor 

Corrections and Clarifications Parts 32 and 35 72 FR 45147, 54207 

10/29/2010 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2007-2 Exemptions From Licensing, General Licenses, and 

Distribution of Byproduct Material: Licensing and Reporting Requirements Parts 30, 31, 32, 150 72 FR 58473 

12/17/2010 Final 

ML111190436 

Comments 10/13/2011 ML112630566 

2007-3 Requirements for Expanded Definition of Byproduct 

Material Parts 20, 30, 31, 32, 33, 35, 61, 150 72 FR 55864 

11/30/2010 Final 

ML111190436 

Comments 10/13/2011 ML112630566 

Requihave 

2007-4 Order Imposing Fingerprinting Requirements and 

Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material NRC Order EA-07-305 72 FR 70901 

06/05/2008 License 

Condition ML081070079 

No Comments 05/13/2008 ML081260713 

2008-1 Occupational Dose Records, Labeling Containers, 

and Total Effective Dose Equivalent Parts 19, 20 72 FR 68043 

02/15/2011 Proposed 

ML100960326 

Comments 05/04/2010 ML101040019 

2009-1 Medical Use of Byproduct Material – Authorized User 

Clarification Part 35 74 FR 33901 

09/28/2012 

2011-1 Decommissioning Planning 

Parts 20, 30, 40, 70 76 FR 35512 

12/17/2015 
RATS ID NRC Chronology Identification Date Due for 

State Adoption 

Incoming Package 

Outgoing Package 

Notes 

2011-2 Licenses, Certifications, and Approvals for Materials 

Licensees Parts 30, 36, 39, 40, 51, 70, and 150 76 FR 56951 

11/14/2014 

N/A 10 CFR 20.1003, 34.20, 34.35 and 34.43 N/A Final 

ML093020612 

Comments 12/29/2009 ML093360435 

N/A 10 CFR Part 40 N/A Final 

ML111220013 

Comments 10/13/2011 ML112630566 

N/A Legislation N/A Final 

ML111080623 

Comments 10/24/2011 ML112630034