The federal nuclear regulatory commission (NRC) has primary jurisdiction over radioactive materials but has delegated that authority within Colorado to the state by agreement. Last year, the NRC audited Colorado's radiation regulatory program. The audit report listed numerous amendments to Colorado's radiation control statute that are necessary to maintain the delegated authority.
The bill implements the requirements and recommendations of the audit report and updates the radiation control statutes by:
- Modifying and repealing definitions ( sections 1 and 7 of the bill);
- Modifying the state board of health's authority to adopt rules ( section 2 ), including requiring NRC approval before the application of groundwater remediation standards that differ from federal standards ( section 3 );
- Repealing an unnecessary exemption regarding the transportation of radioactive materials ( section 4 );
- Repealing the state board's authority to issue a provisional medical license ( section 5 );
- Increasing the amount of required financial assurance by reducing the assumed annual interest rate from 6% to 1% ( section 6 );
- Clarifying that, in keeping with existing provisions of the "State Administrative Procedures Act", an administrative law judge may approve a radioactive material license application ( section 8 );
- Clarifying limitations on the receipt of radioactive materials for processing and making conforming amendments ( section 8 ); and
- Repealing an obsolete provision relating to the acquisition of sites under the federal "Uranium Mill Tailings Radiation Control Act of 1978" ( section 9 ).