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    The Radiation Control Program (RCP) is within the
    Division for Regulatory Services
    P. O. Box 149347
    Austin, TX 78714-9347
    512-834-6770


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Draft and Proposed Rules for Comment - Radiation Control Program

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PROPOSED RULE REVISIONS

The Agency has available for comment Proposed 25 Texas Administrative Code (TAC) §289.101 concerning a Memorandum of Understanding Between the Department of State Health Services (DSHS) and the Texas Commission on Environmental Quality (TCEQ) Regarding Radiation Control Functions. Revisions to §289.101 include, but are not limited to, the following.

  • The current rule is being repealed and replaced in its entirety with the new Proposed rule.
  • Updates both agency names, makes minor grammatical and typographical corrections, updates technical terminology, corrects and/or updates rule reference citations; and reorganizes rule text as a result of recent legislation.
  • In addition, the new rule omits the language regarding in situ uranium mining as a result of Senate Bill 1604, 80th Legislative Session, 2007, that amended Health and Safety Code, §401.011, and transferred the regulatory authority for licensing and inspection of low-level waste processing and uranium recovery and disposal from DSHS to TCEQ.
The comment deadline for 25 TAC §289.101 is May 5, 2014.
Submit comments to Monica Perez at Monica.Perez@dshs.state.tx.us


A public meeting has been scheduled to accept oral comments on the proposed rule:

Date: Wednesday, April 16, 2014
Time: 9:00 am
Place: Texas Department of State Health Services, Radiation Control 
          8407 Wall Street, Room N-220 
          Austin, Texas 78754

If you have questions about the Proposed rule revisions, contact Monica Perez at
(512) 834-6770, ext 2235, or e-mail at Monica.Perez@dshs.state.tx.us

Rule Text of New Proposed 25 TAC §289.101
Preamble of New Proposed 25 TAC §289.101


PROPOSED RULE REVISIONS

The Agency has available for comment Proposed revisions to 25 Texas Administrative Code §289.204 concerning fees for certificates of registration, radioactive material licenses, emergency planning and implementation, and other regulatory services.

Proposed revisions to §289.204 include the following changes.

  • Due to 2003 legislation, on September 1, 2004, the agency commenced collection of an additional 5% fee from radioactive material licensees, excluding licensees that are authorized only for diagnostic nuclear medicine. In November 2008, the department suspended collection of this 5% fee when the total amount in the state's perpetual care account (PCA) for radiation reached $500,000, the legislative cap previously imposed. As a result of recent legislation, the cap of the state's PCA was increased to $100 million effective September 1, 2013, thereby reinstating the collection of the fee. Changes are made to increase the cap and balance amounts of the state's PCA for radiation in rule text.
  • Clarification was made that fees collected by the agency shall be deposited in the agency's radiation and perpetual care account.
  • Clarification was made that the fees will be collected as long as the sum of the balances of the perpetual care accounts specified under Health and Safety Code, §401.307, does not exceed $100 million; and if the sum of such balances is subsequently reduced to $50 million or less, the agency shall reinstitute assessment of the fee until the sum of such balances reaches $100 million.
  • A minor grammatical change was made.
The comment deadline for 25 TAC §289.204 is May 5, 2014.
Submit comments to Monica Perez at Monica.Perez@dshs.state.tx.us.


A public meeting has been scheduled to accept oral comments on the proposed rule:

Date: Wednesday, April 16, 2014
Time: 9:00 am
Place: Texas Department of State Health Services, Radiation Control 
          8407 Wall Street, Room N-220 
          Austin, Texas 78754

If you have questions about the proposed rule revisions, contact Monica Perez at (512) 834-6770, ext 2235 or e-mail at Monica.Perez@dshs.state.tx.us


Rule Text of Proposed 25 TAC §289.204
Preamble of Proposed 25 TAC §289.204

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Last updated April 07, 2014