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Radiation Law and Regulation Update

 

Radiation Control Act Revisions and Part 18 Regulation Update

Stakeholders are invited to comment on proposed revisions to proposed revisions to the Colorado Radiation Control Act (Title 25 Article 11) and Part 18 of the Radiation regulations (6 CCR 1007 — Part 18, “Licensing Requirements for Uranium and Thorium Processing”).  

 

Radiation Control Act Revisions 

 

Proposed revisions to the Radiation Control Act appear below. These changes are required by the Nuclear Regulatory Commission to ensure compatibility of the Colorado statute with federal requirements.  The NRC called for changes to the Act in its May 16, 2014 INtegrated Materials Performance Evaluation Program (IMPEP) review draft report (see below).  

 

NRC Integrated Materials Performance Evaluation Program Review Draft Report May 16, 2014 pdf file

Radiation Control Act draft changes June 5, 2014 pdf file  

 

Stakeholder meetings have been tentatively scheduled for:

Cañon City: 6 p.m. – 8 p.m., Thursday, July 17 at the Best Western Canon City, ¿110 Latigo Lane, Canon City, Colorado.  Please watch this website for details about the agenda and telephone call-in capability.

Denver: 6 p.m.- 8 p.m., Tuesday, July 22, in the Sabin-Cleere Room at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80247. Please watch this website for details about details about the agenda and telephone call-in capability will be provided.

Montrose: 6 p.m. – 8 p.m., Thursday, July 31. Please watch this website for details about the location, agenda and telephone call-in capability.

 

Send comments to cdphe_radiationpart18@stae.co.us

 

Nuclear Regulatory Commission Management Review Board

The U.S. Nuclear Regulatory Commission’s Management Review Board (MRB) discuss Colorado’s compatibility with federal requirements in a public meeting on June 30, 2014. Please watch this website for details about telephone access to this meeting. 

 

Radiation Regulations Development
  • We evaluated revisions to 6 CCR 1007-1 Part 18, "Licensing Requirements for Uranium and Thorium Processing" and several issues connected to the enabling legislation, the Colorado Radiation Control Act (Title 25, Article 11).
    • The evaluation was driven by comments received from the U.S. Nuclear Regulatory Commission (NRC) in a 2011 letter addressing incompatability issues between the Radiation Control Act and NRC requirements.
    • Issues surrounding the Energy Fuels project also revealed discrepancies among the Radiation Control Act, Administrative Procedures Act and the radiation regulations.
  • Changes were identified that could be made to the radiation regulations without creating problems related to the Radiation Control Act, including establishing a clearly defined public process for license decisions that extends beyond the time period already specified in the Radiation Control Act.
 

Draft Part 18 Revision pdf file     October 2013 

  

Part 3 Excerpts Draft 2 November 4, 2013 pdf file

Stakeholder Presentation November 5, 2013 pdf file

 

6 CCR 1007-1, Rules and Regulations Pertaining to Radiation Control, Part 1 General Provisions - Draft A Future Proposed Revisions pdf file  

 


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Contact Steve Tarlton at (303) 692-3423 or steve.tarlton@state.co.us with questions.   

Comments Received

 

Comments - I pdf file            Comments II pdf file            NRC Comments pdf file

 
 

 

NRC letter to the Department dated May 29, 2014 in response to revisions to Radiation Control Act revisions pdf file

NRC letter to the Department dated January 14, 2014 in response to proposed revisions to Radiation Control regulations pdf file  

 

NRC letter to the Department dated June 28, 2012 in response to a Department email:

http://nrc-stp.ornl.gov/special/regs/coregs120628.pdf

 

Department email to NRC dated April 19, 2012 requesting clarification:

http://pbadupws.nrc.gov/docs/ML1211/ML121150470.pdf

 

NRC letter to the Department dated October 24, 2011 limiting review to program elements required for compatibility and/or health and safety:

http://nrc-stp.ornl.gov/special/regs/coregs111024.pdf

 

NRC comments on review of regulatory package dated October 13, 2011:

http://nrc-stp.ornl.gov/special/regs/coregs111013.pdf

 

NRC comments on review of regulatory package dated November 10, 2004

http://nrc-stp.ornl.gov/special/regs/coregs041110.pdf

 

NRC comments on review of regulatory package dated March 28, 2002

http://nrc-stp.ornl.gov/special/regs/coregs020328.pdf

 

Note that the letters from NRC are not limited to Part 18 (~10 CFR Part 40).