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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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DRAFT RULE REVISIONS
 
The Agency has available for comment Draft revisions to 25 Texas Administrative Code (TAC) §289.201 concerning general provisions for radioactive material. Revisions to §289.201 include, but are not limited to, the following.
 
  • To maintain rules compatible with the U.S. Nuclear Regulatory Commission, Title 10, Code of Federal Regulations, Parts 37 and 40:
  1. New definitions are added to accommodate the new physical protection ("Increased Controls") requirements of Category 1 and Category 2 quantities of radioactive material that are being incorporated into 25 TAC §289.252 (relating to licensing of radioactive material).
  2. Language is added to the definition of byproduct material to specify certain sources are considered to be byproduct material if the production, extraction, or conversion after extraction occurred before, on, or after August 8, 2005.
  3. Language is revised in the definition of unrefined and unprocessed ore to clarify it is ore in its natural form prior to "roasting or beneficiating" and language is added to exclude sieving or encapsulation of ore or preparation of samples for laboratory analysis from terms considered as processing.
  • Minor grammatical, typographical, format, rule reference, and language consistency changes are made throughout the rule.
The comment deadline for 25 TAC §289.201 is September 29, 2014.
 
Submit comments to Chuck Flynn at Chuck.Flynn@dshs.state.tx.us.  

A public meeting has been scheduled in conjunction with the Texas Radiation Regulatory Conference* to accept oral comments on the draft rule:
NOTE: *There is no fee for attending the public meeting.

Date: Thursday, September 11, 2014
Time: 3:30 p.m.                                                                                                              
Place: DoubleTree by Hilton                                                                                           
Room: Phoenix North or Central
            6505 Interstate Highway 35 North
            Austin, Texas 78752

If you have questions about the Draft rule revisions, contact Peggy Westlund at (512) 834-6770, ext 2823 or e-mail at Peggy.Westlund@dshs.state.tx.us.  

Rule Text and Figure referenced within Draft 25 TAC §289.201
 

DRAFT RULE REVISIONS
 
The Agency has available for comment Draft revisions to 25 Texas Administrative Code §289.202 concerning standards for protection against radiation from radioactive materials. Revisions to §289.202 include, but are not limited to, the following. 
 
  • To maintain rules that are compatible with the U.S. Nuclear Regulatory Commission, Title 10, Code of Federal Regulations, Part 37, the Category 1 and Category 2 Radioactive Material Thresholds table is replaced. 
  • References to "telegram" and/or "mailgram" are deleted as obsolete and language is added to allow "electronic media transmission" to clarify the types of notifications currently accepted. 
  • Language is added to the general requirements for waste management to reference requirements of the Texas Commission on Environmental Quality or the Railroad Commission of Texas and to allow the transfer of residual waste back to the originating supplier pharmacy for decay in storage. 
  • To clarify what is required in numerous reports required for radioactive materials, language is added to include the source and/or device manufacturer, model number and serial number.
  •  The table for acceptable surface contamination levels corrects a wording inconsistency. 
  • The annual generator disposal limit for Iodine-123 is added to the table for concentration and activity limits of nuclides for disposal in a Type I municipal solid waste site or a hazardous waste facility as it was previously omitted. 
  • Minor grammatical, typographical, format, rule reference, and language consistency changes are made throughout the rule.
The comment deadline for 25 TAC §289.202 is September 29, 2014.
 
Submit comments to Chuck Flynn at Chuck.Flynn@dshs.state.tx.us.  

A public meeting has been scheduled in conjunction with the Texas Radiation Regulatory Conference* to accept oral comments on the draft rule:
NOTE: *There is no fee for attending the public meeting.

Date: Thursday, September 11, 2014
Time: 3:30 p.m.                                                                                                         
Place: DoubleTree by Hilton                                                                                     
Room: Phoenix North or Central 
            6505 Interstate Highway 35 North 
            Austin, Texas 78752

If you have questions about the Draft rule revisions, contact Peggy Westlund at (512) 834-6770, ext 2823 or e-mail at Peggy.Westlund@dshs.state.tx.us.  

Rule Text and Figures referenced within Draft 25 TAC §289.202

DRAFT RULE REVISIONS
 
The Agency has available for comment Draft revisions to 25 Texas Administrative Code §289.251 concerning exemptions, general licenses, and general license acknowledgements. Revisions to §289.251 include, but are not limited to, the following. 
 
  • To maintain rules compatible with the U.S. Nuclear Regulatory Commission (NRC), Title 10, Code of Federal
    Regulations, Part 40: 
  1. An exemption for source material relating to glazed ceramics, tableware and glassware is revised for clarification and the words "manufactured before August 27, 2013," are added.
  2. A reference to certain counterweights containing depleted uranium which are manufactured in accordance with an NRC license is deleted and references to counterweights manufactured under a specific license issued by the Atomic Energy Commission are added. Additional language is revised for clarification. 
  3. In reference to finished optical lenses under exemptions for source materials the terms "uranium" and "mirror" are added and the words "manufactured before August 27, 2013," are added.
  4. A new exemption is added that restricts a person from initial transfer for sale or distribution of a product containing source material to persons who are exempt under certain regulations. 
  5. A category for a general license for small quantities of source material is added with the revision of existing language and the addition of requirements under the new category. 
  6. The elements Polonium (84) and Radium (88) are deleted from the exempt concentrations table and the elements Beryllium-7, Radon-222, and Strontium-87m are deleted from the exempt quantities table. 
  • An exception is added to the exemption of persons who transport and store radioactive material in accordance with a general license. 
  • Language is added for holding devices that are not in use for longer than 2 years. 
  • Minor grammatical, typographical, format, rule reference, and language consistency changes are made
    throughout the rule.
The comment deadline for 25 TAC §289.251 is September 29, 2014.
 
Submit comments to Chuck Flynn at Chuck.Flynn@dshs.state.tx.us.  

A public meeting has been scheduled in conjunction with the Texas Radiation Regulatory Conference* to accept oral comments on the draft rule:
NOTE: *There is no fee for attending the public meeting.

Date: Thursday, September 11, 2014
Time: 3:30 p.m.                                                                                                 
Place: DoubleTree by Hilton
Room: Phoenix North or Central 
            6505 Interstate Highway 35 North 
            Austin, Texas 78752

If you have questions about the Draft rule revisions, contact Peggy Westlund at (512) 834-6770, ext 2823 or e-mail at Peggy.Westlund@dshs.state.tx.us
 

DRAFT RULE REVISIONS 
 
The Agency has available for comment Draft revisions to 25 Texas Administrative Code (TAC) §289.252 concerning licensing of radioactive material. Revisions to §289.252 include, but are not limited to, the following. 
 
  • To maintain rules compatible with the U.S. Nuclear Regulatory Commission, Title 10, Code of Federal Regulations, Parts 37 and 73: 
  1. New requirements for the transfer of small quantities of source material are added. 
  2. The subsection labeled "Increased Controls" is deleted and replaced with the new physical protection requirements of Category 1 and Category 2 quantities of radioactive material. 
  3. The equation for the combination of radionuclides unity rule was corrected in rule text and the table. 
  • Recordkeeping language is revised throughout the section due to the addition of a new records retention table. 
  • Language is added for holding radioactive waste or sources or devices that are not in use for longer than 2 years. 
  • The tables for isotope quantities and quantities of radioactive materials requiring consideration of the need for an emergency plan for responding to a release are replaced due to typographical errors which appeared in the TAC.
  • Minor grammatical, typographical, format, rule reference, form changes, and language consistency changes are made throughout the rule.
The comment deadline for 25 TAC §289.252 is September 29, 2014.
 
Submit comments to Chuck Flynn at Chuck.Flynn@dshs.state.tx.us.  

A public meeting has been scheduled in conjunction with the Texas Radiation Regulatory Conference* to accept oral comments on the draft rule:
NOTE: *There is no fee for attending the public meeting.

Date: Thursday, September 11, 2014
Time: 3:30 p.m.                                                                                                    
Place: DoubleTree by Hilton                                                                                 
Room: Phoenix North or Central 
            6505 Interstate Highway 35 North 
            Austin, Texas 78752

If you have questions about the Draft rule revisions, contact Peggy Westlund at (512) 834-6770, ext 2823 or e-mail at Peggy.Westlund@dshs.state.tx.us
 
 

DRAFT RULE REVISIONS
 

The Agency has available for comment Draft revisions to 25 Texas Administrative Code (TAC) §289.257 concerning packaging and transportation of radioactive material. Revisions to §289.257 include, but are not limited to, the following. 
 
  • To maintain rules compatible with the U.S. Nuclear Regulatory Commission (NRC), Title 10, Code of Federal Regulations, Parts 30 and 71:
  1. Language is revised in the exemptions for transporting low-level radioactive waste in the course of their carriage for another or storage incident thereto. 
  2. The words "the shipment" and "licensed" were added and the word "shipments" was deleted.
  3. A reference to "this subpart" was corrected to reflect the appropriate subsections in the TAC instead of an NRC reference. 
  • Definitions for "freight forwarder", "registered freight forwarder", "registered shipper", "registered transporter", and "transporter" are added to clarify different types of persons or entities that may be transporting radioactive material. 
  • Language is added and deleted to clarify the requirements for transporters providing proof of financial responsibility. 
  • References to "telegram" and/or "mailgram" are deleted as obsolete and language is added to allow "a signed letter as an attachment via electronic mail" to clarify the means of transmission of reports that are currently accepted. 
  • Language is added and deleted to clarify emergency plan registration requirements for persons or entities transporting radioactive material.
  • A requirement is added for shippers to submit a list of approved shipping containers intended for use to transfer radioactive material for disposal and manifests. 
  • Minor grammatical, typographical, format, rule reference, and language consistency changes are made throughout the rule.
The comment deadline for 25 TAC §289.257 is September 29, 2014.
 
Submit comments to Chuck Flynn at Chuck.Flynn@dshs.state.tx.us.  

A public meeting has been scheduled in conjunction with the Texas Radiation Regulatory Conference* to accept oral comments on the draft rule:
NOTE: *There is no fee for attending the public meeting.

Date: Thursday, September 11, 2014
Time: 3:30 p.m.                                                                                                     
Place: DoubleTree by Hilton                                                                                 
Room: Phoenix North or Central 
            6505 Interstate Highway 35 North 
            Austin, Texas 78752

If you have questions about the Draft rule revisions, contact Peggy Westlund at (512) 834-6770, ext 2823 or e-mail at Peggy.Westlund@dshs.state.tx.us.
  

 
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Last updated August 28, 2014