799AD080D28474CF8725827B006D9727 Hearing Summary

Senator Cooke, prime-sponsor, discussed the provisions of Senate Bill18-245 concerning the naturally occurring rediation material rules. Under current law, the State Board of Health in the Department of Public Health and Environment (CDPHE) cannot adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) until the Environmental Protection Agency has adopted rules concerning the disposal of NORM. This bill allows the state board to adopt rules concerning the disposal of NORM.

Jim Grice, CDPHE, spoke in support of the bill and discussed the authority of the department to regulate radioactive materials.  He also responded to questions from the committee about health risks associated with NORMs and background radiation levels in the state.  He also discussed the department's rule making process.

Pat Ratliff, Colorado Water Congress, spoke in opposition to the bill and explained another bill has been introduced in the 2018 session (House Bill 18-1215) that authorizes the CDPHE to regulate NORMs following studies and a stakeholder process. She also responded to questions from the committee about NORMS and the effect of the bill if its enacted.

Ken Lykens, Centennial Water and Sanitation District, spoke in opposition to the bill and explained how water treatment is associated with NORMs and the use of biosolids that are derived from water treatment facilities. He also distributed a letter from the Colorado Water Utility Council concerning the regulation of technologically enhanced naturally occuring readiation materials (TENORM) [Attachment C].

Tracee Bentley, Colorado Petroleum Council, spoke in support of the bill.

Jasan Chan, Waste Management, Inc., spoke in support of the bill and responded to questions from the committee regarding his company's communication with the CDPHE concerning the regulation of TENORMs.

Andrew Cusper, Colorado Oil and Gas Association, spoke in support of the bill. He also responded to questions from the committee about possible regulatory action by the U.S. Environmental Protection Agency on the regulation of TENORM.

Mr. Grice returned to respond to questions from the committee concerning the department's consultation with stakeholders in its rule making process.

The chair closed testimony and Senator Cooke closed his remarks on the bill.