ML23026A240

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Co Regulations 6 CCR 1007-1 Part 22 Track Changes
ML23026A240
Person / Time
Issue date: 01/25/2023
From: Michelle Beardsley
NRC/NMSS/DMSST/ASPB
To: Grice J
State of CO, Dept of Public Health & Environment
References
Download: ML23026A240 (1)


Text

Document 2 RMH 38 of 40 1 DRAFT 1 07/21/2022 Commented [JSJ45]: Editorial note 1: All comments (such as this one) shown in the right side margin of this draft 2 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT document are for information purposes only to assist the reader in understanding the proposed rule change during the review and comment process.

3 Hazardous Materials and Waste Management Division These side margin notes are not part of the rule and all comments will be deleted prior to publication of the final rule by the Colorado Secretary of State.

4 RADIATION CONTROL - PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 Editorial note 2: Alignment and formatting corrections and 5 QUANTITIES OF RADIOACTIVE MATERIAL minor typographical adjustments may be made in the rule and may not be specifically identified with a side margin comment.

6 6 CCR 1007-1 Part 22 Editorial note 3: The acronym RATS 2021-2 shown in side margins of this draft refers to the U.S. Nuclear Regulatory 7 [Editors Notes follow the text of the rules at the end of this CCR Document.] Commission (NRC) regulation amendment tracking system (RATS). This system is used to identify and summarize changes to federal regulations that may be required for 8 _________________________________________________________________________ adoption by an NRC agreement state. To maintain agreement state status, and consistent with statute, Colorados radiation 9 Adopted by the Board of Health on August 19, 2020 October 19, 2022; effective date October 15, regulations must be compatible with federal regulations of the 10 2020 December 15, 2022. NRC.

Colorado statute also prescribes that the radiation control 11 PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE regulations must be consistent with the model regulations of 12 MATERIAL the Conference of Radiation Control Program Directors, Inc.

(CRCPD). The CRCPD model regulation equivalent to part 22 was last updated in 2014, and does not yet reflect federal rule 13 22.1 Authority. changes since that time.

Editorial note 4: This is not a complete rule. Some unaffected 14 22.1.1 Rules and regulations set forth herein are adopted pursuant to the provisions of section 25-1-108, sections or provisions have been removed from the rule and are not shown in this draft. Unaffected sections/provisions are 15 25-1.5-101(1)(k) and (1)(l), and 25-11-104, CRS. denoted with a * * * .

16 Section A - General provisions Commented [JSJ46]: The stated adoption and effective dates are tentative and subject to change, pending Board of Health meeting schedule, final adoption of the rule by the 17 22.2 Scope, Purpose and Applicability. Board, and the Colorado Register publication dates.

The anticipated dates are based on the annual rulemaking 18 22.2.1 Scope and Purpose. schedule (regulatory agenda) for the Department which may be found online.

19 22.2.1.1 This Part has been established to provide the requirements for the physical Commented [JSJ47]: 22.2.1 has been formatted for 20 protection program for any licensee that possesses an aggregated category 1 or alignment of text.

21 category 2 quantity of radioactive material listed in Appendix A to this Part. These 22 requirements provide reasonable assurance of the security of category 1 or 23 category 2 quantities of radioactive material by protecting these materials from 24 theft or diversion. Specific requirements for access to material, use of material, 25 transfer of material, and transport of material are included. No provision of this 26 Part authorizes possession of licensed material.

27 22.2.2 Applicability.

28 22.2.2.1 Sections B and C of this part apply to any person who, under these regulations , Commented [JSJ48]: Delete unneeded space.

29 possesses or uses at any site, an aggregated category 1 or category 2 quantity 22.2.2 has been formatted for alignment of text.

30 of radioactive material.

31 22.2.2.2 Section D of this part applies to any person who, under these regulations:

32 (1) Transports or delivers to a carrier for transport in a single shipment, a category 1 33 or category 2 quantity of radioactive material; or 34 (2) Imports or exports a category 1 or category 2 quantity of radioactive material; the 35 provisions only apply to the domestic portion of the transport.

36 22.2.3 Published material incorporated by reference.

Document 2 RMH 39 of 40 37 22.2.3.1 Throughout this Part 22, federal regulations, state regulations, and standards or Commented [JSJ49]: In addition to the identified change in 38 guidelines of outside organizations have been adopted and incorporated by effective date, provisions in 22.2.3 have been formatted for 39 reference. Unless a prior version of the incorporated material is otherwise alignment of text and appearance.

40 specifically indicated, the materials incorporated by reference cited herein include 41 only those versions that were in effect as of the most recent effective date of this 42 Part 22 (October 15, 2020December 15, 2022), and not later amendments or 43 editions of the incorporated material.

44 22.2.3.2 Materials incorporated by reference are available for public inspection, and 45 copies (including certified copies) can be obtained at reasonable cost, during 46 normal business hours from the Colorado Department of Public Health and 47 Environment, Hazardous Materials and Waste Management Division, 4300 48 Cherry Creek Drive South, Denver, Colorado 80246. Additionally, 49 https://www.colorado.gov/cdphe/radregs identifies where the incorporated federal 50 and state regulations are available to the public on the internet at no cost. A copy 51 of the materials incorporated in this Part is available for public inspection at the 52 state publications depository and distribution center.

53 22.2.3.3 Availability from Source Agencies or Organizations.

54 (1) All federal agency regulations incorporated by reference herein are available at 55 no cost in the online edition of the Code of Federal Regulations (CFR) hosted by 56 the U.S. Government Printing Office, online at www.govinfo.gov.

57 (2) All state regulations incorporated by reference herein are available at no cost in 58 the online edition of the Code of Colorado Regulations (CCR) hosted by the 59 Colorado Secretary of States Office, online at 60 https://www.sos.state.co.us/CCR/RegisterHome.do.

61 22.2.4 Basis and Purpose. Commented [JSJ50]:

Standard language added for consistency with formatting and 62 22.2.4.1 A statement of basis and purpose accompanies this part and changes to content of other regulatory parts.

63 this part. A copy may be obtained from the Department.

64 [ * *

  • DENOTES UNAFFECTED SECTIONS/PROVISIONS IN THE DRAFT RULE]

65 * *

  • 66 Part 22, Appendix A - Category 1 and Category 2 Radioactive Materials 67 Table 1Category 1 and Category 2 Threshold 68 The terabecquerel (TBq) values are the regulatory standard. The curie (Ci) values specified are obtained 69 by converting from the TBq value. The curie values are provided for practical usefulness only.

70 Category 1 Category 1 Category 2 Category 2 Radioactive material (TBq) (Ci) (TBq) (Ci)

Americium-241 60 1,620 0.6 16.2 Americium-241/Be 60 1,620 0.6 16.2 Californium-252 20 540 0.2 5.40 Cobalt-60 30 810 0.3 8.10 Curium-244 50 1,350 0.5 13.5 Cesium-137 100 2,700 1 27.0 Gadolinium-153 1,000 27,000 10 270 Iridium-192 80 2,160 0.8 21.6 Plutonium-238 60 1,620 0.6 16.2 Plutonium-239/Be 60 1,620 0.6 16.2

Document 2 RMH 40 of 40 Promethium-147 40,000 1,080,000 400 10,800 Radium-226 40 1,080 0.4 10.8 Selenium-75 200 5,400 2 54.0 Strontium-90 1,000 27,000 10 270 Thulium-170 20,000 540,000 200 5,400 Ytterbium-169 300 8,100 3 81.0 71 Note: Calculations Concerning Multiple Sources or Multiple Radionuclides The sum of fractions methodology for evaluating 72 combinations of multiple sources or multiple radionuclides is to be used in determining whether a location meets or exceeds the 73 threshold and is thus subject to the requirements of this Part.

74 I. If multiple sources of the same radionuclide and/or multiple radionuclides are aggregated at a location, the sum of the 75 ratios of the total activity of each of the radionuclides must be determined to verify whether the activity at the location is less than the 76 category 1 or category 2 thresholds of Table 1, as appropriate. If the calculated sum of the ratios, using the equation below, is 77 greater than or equal to 1.0, then the applicable requirements of this Part apply.

78 II. First determine the total activity for each radionuclide from Table 1. This is done by adding the activity of each individual 79 source, material in any device, and any loose or bulk material that contains the radionuclide. Then use the equation below to 80 calculate the sum of the ratios by inserting the total activity of the applicable radionuclides from Table 1 in the numerator of the 81 equation and the corresponding threshold activity from Table 1 in the denominator of the equation. Calculations must be performed 82 in metric values (i.e., TBq) and the numerator and denominator values must be in the same units.

83 84 R 1 = total activity for radionuclide 1 85 R 2 = total activity for radionuclide 2 86 R N = total activity for radionuclide n 87 AR 1 = activity threshold for radionuclide 1 88 AR 2 = activity threshold for radionuclide 2 89 AR N = activity threshold for radionuclide n 90 Commented [JSJ51]:

The current sum of fractions equation is deleted and replaced with an updated sum of fractions equation. The correction is 91 necessary to make the expression mathematically reflect that an indefinite number of nuclides may be included in the calculation. The change is consistent with the December 2021 92 _________________________________________________________________________ updates to federal rule in 10 CFR Part 37.

93 [Editorial note: due to the equations being an image/graphic in WORD, the normal strike out text and bold/colored text using track changes functions do not work, and a manual strikeout method is used/shown.]

NRC Compatibility B NRC RATS 2021-2