Radiation proposed rulemakings and stakeholder processes

Contents: Part 8 Part 5 and Part 2 | Part 21Part 16 and Part 19Part 20 TENORM | Part 2 and Part 6Part 17 and Part 22 |

Part 3 and Part 7Recently amended | Regulations

 

Part 8, Part 5 and Part 2 Rulemaking

Notice of public rulemaking hearing for Part 8 and Part 5 (April 2021)

On June 16, 2021, the Radiation Program conducted a rulemaking hearing before the Colorado Board of Health for proposed changes to the Colorado Rules and Regulations Pertaining to Radiation Control, in 6 CCR 1007-1:

  • Part 8 (Radiation safety requirements for radiation generating devices not used in the healing arts). 
  • Part 5 (Radiation safety requirements for industrial radiographic operations).
  • Part 2 (Registration of radiation machines, facilities and services).

The Part 8 rule changes will impact x-ray registrants who use x-ray machines for non-medical purposes. Such uses will include security screening systems, baggage screening systems, x-ray fluorescence analyzers, industrial radiography, x-ray hardening systems, x-ray systems used for research purposes, cabinet x-ray systems and similar non-medical uses of x-ray systems. Part 8 rule changes are not applicable to radioactive materials facilities that only use radioactive materials or that use x-ray imaging for medical purposes. 

The proposed Part 5 rule changes will impact facilities conducting industrial radiography using x-ray systems or radioactive materials.

Rulemaking details

During the July 16 hearing, the Board adopted the rules as proposed. These rule changes become effective August 14, 2021. Refer to the rulemaking details summary below and draft regulation as presented during the rulemaking hearing: Board of Health rulemaking hearing package for 6 CCR 1007-1, Part 8, Part 5, and Part 2 (June 2021).

Stakeholder comment period
A stakeholder comment period was held February 18, 2021 through March 20, 2021. 

Radiation program staff held two virtual stakeholder meetings during the comment period on March 4 and March 10. The meeting presentations are below:

Refer to the Part 8, Part 5 and Part 2 rulemaking schedule for further details on the full rulemaking schedule.
 


Part 21 Rulemaking

Notice of public rulemaking hearing for part 21

On May 19, 2021, the Radiation Program conducted a rulemaking hearing before the Colorado Board of Health for proposed minor changes to the Colorado Rules and Regulations Pertaining to Radiation Control, in 6 CCR 1007-1:

  • Part 21 (Colorado low income radon mitigation assistance (LIRMA) program.

The LIRMA program, created by state law in 2016, provides funding to install radon mitigation systems in owner occupied low-income households meeting certain income criteria. The Part 21 rule is being revised to remove the current outdated income table from the Appendix of the rule to and instead reference the HUD criteria directly.

During the May 19 hearing, the Board adopted the rules as proposed. These rule changes become effective July 15, 2021. Refer to the rule change summary and draft regulation in the rulemaking hearing package (below) for further details:
Board of Health rulemaking hearing package for 6 CCR 1007-1, Part 21 (May 2021)

The following documents are for reference only and have been superseded by the revised draft rule which can be found in the Board of Health rulemaking hearing package above.
Board of Health request for rulemaking package for 6 CCR 1007-1 Part 21 (March 2021)
Draft Part 21 rule (October 2020)
Part 21 rule change summary

Stakeholder comment period
A stakeholder comment period was held December 2020 - January 2021. No comments were received during the comment period.
Refer to the Part 21 rulemaking schedule for further details


Part 16 and Part 19 Rulemaking

Notice of public rulemaking for parts 16 and 19

On May 19, 2021, the Radiation Program conducted a rulemaking hearing before the Colorado Board of Health for proposed minor changes to the Colorado Rules and Regulations Pertaining to Radiation Control, in 6 CCR 1007-1:

  • Part 16 (Radiation safety requirements for well logging and subsurface tracer studies).
  • Part 19 (Licenses and radiation safety requirements for irradiators). 

The proposed rule changes may impact radioactive material licensees who perform well logging or wireline activities and licensees who use panoramic irradiators containing radioactive materials. See the draft rules and Part 16 and 19 rulemaking detail page for additional information. The proposed rule changes are not applicable to x-ray machine use or facilities that only use x-ray machines.

During the May 19 hearing, the Board adopted the rules as proposed. These rule changes become effective July 15, 2021. Refer to the proposed draft regulations in the rulemaking hearing package for further details:
Board of Health rulemaking hearing package for 6 CCR 1007-1, Part 16 and Part 19 (May 2021)

The following documents are for reference only and have been superseded by the revised draft rules which can be found in the Board of Health rulemaking hearing package above
Board of Health request for rulemaking package for 6 CCR 1007-1 Part 16 and Part 19 (March 2021)
Part 16 draft B proposed rule (December 2020)
Part 19 draft B proposed rule (December 2020)

Stakeholder comment period
A stakeholder comment period was held December 2020-January 2021. No comments were received during the comment period.

Refer to the Part 16 and 19 rulemaking schedule for further details on the full regulation schedule.

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Part 20 TENORM (Technologically Enhanced Naturally Occurring Radioactive Material) and Part 12 Rule

Following an extensive stakeholder process, the Colorado Board of Health adopted the Part 20 rule during a rulemaking hearing on November 18, 2020. The new rule, which becomes effective on January 14, 2021 (and enforceable 18 months later on July 14, 2022), will regulate TENORM. TENORM materials are produced when activities such as drinking water treatment or oil and gas exploration and production processes concentrate radioactive materials that occur naturally in ores, soils, water or other natural materials. The rule may impact facilities producing these materials. Additionally, changes to Part 12 of the regulations have been revised to accommodate the registration and specific licensing fees that may be required for some TENORM facilities that are not otherwise exempted from the rule.

The following documents were used as part of the rule development process:
Board of Health rulemaking hearing package for Part 20 and Part 12 (November 2020)
Notice of rulemaking hearing for Part 20 and Part 12
Board of Health request for rulemaking package for Part 20 and Part 12 (September 2020)
Public comments received for draft B (A PDF Portfolio; download and open with Adobe to view)
Proposed Part 20 TENORM rule – draft B redline (July 2020)
Proposed Part 20 TENORM rule – draft B redline removed (July 2020)
Public comments received for draft A (A PDF Portfolio; download and open with Adobe to view)
Proposed Part 20 TENORM Rule - draft A (May 2020)
Proposed Part 12 fee rule changes - draft A (May 2020)
Part 20 overview and background

Rulemaking schedule

The Board of Health adopted the proposed new Part 20 TENORM rule and the Part 12 rule amendments on November 18, 2020. The rule has an effective date of January 14, 2021, and will be posted on the Colorado Secretary of State website on or about this date. The rule is expected to be published in Vol. 43, No. 24 of the Colorado Register on December 25, 2020. As specified in Section 20.1.3.B of the Part 20 rule, the requirements and provisions of the new rule are not enforceable until July 14, 2022, thereby providing time to implement the rule.

Part 20 guidance development

With assistance and input from impacted stakeholders, the Radiation program will continue its efforts to develop guidance to assist in the implementation of the Part 20 TENORM regulation. Refer to the guidance development page for further information and current stakeholder processes.

Additional information and resources

More information on TENORM and the development of this regulation.

Updates

Please continue to check this web page for periodic updates during the stakeholder process.

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Part 2 and Part 6 Rulemaking

Notice of rulemaking hearing for Part 2 and Part 6
Board of Health Rulemaking Hearing package for Part 2 and 6: August 2020

Following issuance of the revised Part 2 and Part 6 rules in January 2020, it was determined that technical changes to the standardized language regarding documents incorporated by reference (in 2.1.5 and 6.1.5) needed further revision to make them fully compliant with the Colorado Administrative Procedure Act. Due to the minor nature of the proposed changes, no stakeholder process was conducted. 

A rulemaking hearing before the Board of Health was conducted on August 19, 2020. At that meeting, the Board adopted the Part 2 and Part 6 rules as proposed. These rule changes become effective on October 15, 2020.

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Part 17 and Part 22 Rulemaking

Notice of rulemaking hearing for Part 17 and Part 22 (June 2020)
Board of Health Rulemaking Hearing package for Part 17 and 22 (August 2020)

During a rulemaking hearing on August 19, 2020, the Board of Health adopted proposed changes to Radiation Control Regulations Part 17 (Transportation) and Part 22 (Physical Security). These changes, primarily driven by federal rule changes, may impact some radioactive material licensees who transport radioactive materials or certain licensees who may be required to implement enhanced security measures under Part 22. These rule changes become effective on Oct. 15, 2020.

Overview and background

Additional information and resources

NRC Regulatory Action Tracking System (RATS) – All items
NRC Correspondence dated March 8, 2018

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Part 3 and Part 7 rulemaking

The Part 3 and Part 7 rule changes were adopted by the Board of Health on June 17, 2020 and became effective Aug. 14, 2020. 

The final rules can be found on the Colorado Secretary of State website
Rule package and redline draft rules as proposed to the Board of Health

Additional information and resources

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Regulations and statutes recently amended

Some links to the Colorado Register are large files and may take time to open.
 
Effective Jan. 14, 2020
  • Part 2: Registration of Radiation Machines, Facilities and Services.
  • Part 6: X-ray Imaging in the Healing Arts.

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Radiation management regulations

Regulations, Radiation Advisory Committee, Colorado radiation regulations primer, regulatory information for general licensees, statutes

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