Proposed Rules for Comment - Radiation Control Program


About Proposed Rules - Proposed rules are rules that were previously drafted and have been presented to the secretary of state and approved for publication in the Texas Register for a 30-day public comment period by the State Health Services Council, the DSHS Commissioner, and the Executive Commissioner of HHSC.


PROPOSED RULE REVISIONS

The Agency has available for comment Proposed 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:
    1. In reference to exemptions for source material, the word "depleted" is removed and the words "natural or" are added and in reference to exempt quantities under exemptions for radioactive material other than source material, the words "or transfer" are added.
    2. A new exception is added to certain exempt items containing radioactive material; a date regarding manufacturing timepieces is corrected; and, regarding self-luminous products, radium-226 is removed and the word "shall" is replaced with the word "should."
    3. A rule reference regarding an exemption for general licenses for small quantities of source material is corrected
    4. Language of a third option is added regarding general license requirements for certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere
    5. Regarding a general license for certain items and self-luminous products containing radium-226, wording is added including an exemption as the language was previously omitted from this section.


§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: 
    1. Throughout the section, minor words are added or revised; rule references are added or corrected; and names of offices, locations, and websites have been updated. 
    2. Language is added regarding decommissioning, specifically regarding residual radioactivity and financial assurance.
    3. Recordkeeping language is added regarding the transfer of materials.
    4. Regarding the table for quantities of radioactive material requiring an emergency plan, a quantity value is corrected and several elements are corrected.
  • Language is added regarding issuance of specific licenses to clarify that applicants shall have a current registration with the Secretary of State to meet the general requirements.
  • New language requiring that a radiation safety officer be available in a reasonable amount of time after being notified of an emergency situation or unsafe condition in addition to other requirements are being added.
  • Regarding reciprocal recognition of licenses a new requirement to complete a business information form is added.
  • A responsibility for decontamination of all areas outside of restricted areas is added regarding decommissioning.
  • A column is added to the table for isotope quantities for values of 1012.
  • Minor grammatical, punctuation, rule references, and language consistency changes are made throughout the rule.


§289.253 concerning radiation safety requirements for well logging service operations and tracer studies.  Revisions to §289.253 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:
    1. For clarification, a new subsection for specific license requirements for well logging is added.
  • Rule reference citations are revised throughout the rule due to the addition of the new subsection.
  • Regarding radiation survey instruments, the words "capable of detecting beta and gamma radiation" are added for clarification.
  • The term "licensing state" has been removed as the Suggested State Regulations for Control of Radiation as written by the Conference of Radiation Control Program Directors, Inc., no longer uses the terminology.
  • The word "Voluntary" is added to correctly reflect the name of the National Voluntary Laboratory Accreditation Program. 
  • The figure for the plaque for identifying wells containing sealed sources of radioactive material abandoned downhole is replaced to reflect the its new subsection due to renumbering of the section. 
  • The figure for records/documents is replaced to reflect the new numbering of the subsections reflected in the Rule Cross Reference column.
  • Minor grammatical, punctuation, rule references, and language consistency changes are made throughout the rule.


§289.256 concerning medical and veterinary use of radioactive material.  Revisions to §289.256 include, but are not limited to, the following.

  • To maintain rules compatible with the U.S. Nuclear Regulatory Commission: 
    1. The categories of manufacturing and producing are added to the purpose of medical and veterinary use of radioactivity.
  • The term "licensing state" has been removed as the Suggested State Regulations for Control of Radiation as written by the Conference of Radiation Control Program Directors, Inc., no longer uses the terminology.
  • The agency webpage address is corrected to reflect an accurate website to obtain board certification information.
  • The name of the pharmacy accreditation council is corrected to read "Accreditation Council for Pharmacy Education."
  • Reporting and notification requirements are being revised for both a medical event or a dose to an embryo/fetus or nursing child.
  • The records/documents table is being replaced to correct a rule reference.
  • Rule reference and language consistency changes are made throughout the rule in addition to utilizing abbreviations for measurements.


§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:
    1. New definitions for "contamination" and "special form radioactive material" are added; the definition of "criticality safety index" is revised; and the word "tribe" is capitalized in the definition of "Indian Tribe".
    2. The definitions for "low specific activity material" and "uranium" are revised.
    3. Language is revised relating to exemptions for low-level radioactive material and uranium fissile material.
    4. Relating to use of foreign approved packages, a rule reference is corrected, terminology is clarified, and language is removed.
    5. Additional requirements for recordkeeping are added; new requirements relating to the quality assurance program are added; and the quality assurance records subsection is revised.
    6. Several changes are made relating to the appendices for determination of A1 and A2 radionuclide values, including changes to the graphics/formulas.
    7. Information regarding obtaining NRC forms has been revised.
  • An emergency number is added to the reporting requirements and a rule reference change was made .


The comment deadline for
 25 TAC §§289.251, 289.252, 289.253, 289.256, and 289.257 
is July 23, 2018.


Submit comments to CPDRuleComments@dshs.texas.gov

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

   Date:   Monday, July 16, 2018
   Time:   11:00 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 Peggy Westlund at (512) 834-6656 or by e-mail at Peggy.Westlund@dshs.texas.gov.

The proposed rule text can be found here: Proposed RAM 2018 Rule.



 

Last updated June 21, 2018