Colorado Gov. John Hickenlooper (D) has received legislation that would enable the state to establish regulations for management of certain radioactive materials.
The state’s Radiation Control Act prohibits Colorado from establishing regulations on naturally occurring radioactive materials (NORM) and technologically enhanced naturally occurring radioactive materials (TENORM) until the U.S. Environmental Protection Agency first takes that step. But the federal agency has not done so.
State Senate Bill 18-245, from Sen. John Cooke (R), would eliminate that prohibition and specifically direct the Colorado Board of Health to adopt rules on NORM and TENORM material by the end of 2020.
Prior to that point, the Colorado Department of Public Health and Environment (CDPHE) would establish a stakeholder panel to help guide preparation of the rules and then submit a report on that process to the state General Assembly by Dec. 31, 2019.
The state agency is already preparing the stakeholder group, and is eyeing its first meeting this summer, CDPHE spokeswoman Meghan Hughes said last week. Under the legislation, the group would have to include representatives from the oil and gas industry, mining industry, exploration and production waste disposal sites, public water providers, public wastewater treatment providers, and solid waste landfill operators.
There are three landfills in Colorado authorized for disposal of TENORM. But the Department of Public Health and Environment has sought legislation on regulating the material amid concerns that other solid-waste landfills might also be receiving TENORM waste from energy exploration and production activities.
Jennifer Opila, CDPHE radiation program manager, said Friday the agency has no sense so far of what new regulations might involve.
Hickenlooper has until Friday to sign the bill. Hiss office last week did not signal the governor’s position on the matter.
