| (135) Trustworthiness and reliability--Characteristics
of an individual considered dependable in judgment, character, and
performance, such that unescorted access to category 1 or category
2 quantities of radioactive material by that individual does not constitute
an unreasonable risk to the public health and safety or security.
A determination of trustworthiness and reliability for this purpose
is based upon the results from a background investigation.
(136) Type A quantity--A quantity of radioactive material,
the aggregate radioactivity of which does not exceed A1 for special form radioactive material or
A2 for normal form radioactive material,
where A2 and A2 are
given in §289.257(ee) of this title (relating to Packaging and
Transportation of Radioactive Material) or may be determined by procedures
described in §289.257(ee) of this title.
(137) Type B quantity--A quantity of radioactive material
greater than a type A quantity.
(138) Unescorted access--Solitary access to an aggregated
category 1 or category 2 quantity of radioactive material or the devices
that contain the material.
(139) Unrefined and unprocessed ore--Ore in its natural
form prior to any processing, such as grinding, roasting or beneficiating,
or refining. Processing does not include sieving or encapsulation
of ore or preparation of samples for laboratory analysis.
(140) Unrestricted area (uncontrolled area)--An area,
or access to, which is neither limited nor controlled by the licensee.
For purposes of this chapter, "uncontrolled area" is an equivalent
term.
(141) Very high radiation area--An area, accessible
to individuals, in which radiation levels from sources of radiation
external to the body could result in an individual receiving an absorbed
dose in excess of 500 rads (5 Gy in one hour at 1 meter (m) from a
source of radiation or from any surface that the radiation penetrates.
At very high doses received at high dose rates, units of absorbed
dose, gray and rad, are appropriate, rather than units of dose equivalent,
Sv and rem.
(142) Veterinarian--An individual licensed by the Texas
State Board of Veterinary Medical Examiners.
(143) Waste--Low-level radioactive wastes containing
source, special nuclear, or byproduct material that are acceptable
for disposal in a land disposal facility. For the purposes of this
definition, low-level radioactive waste means radioactive waste not
classified as high-level radioactive waste, transuranic waste, spent
nuclear fuel, or byproduct material as defined in paragraph (19)(B)
- (E) of this subsection.
(144) Week--Seven consecutive days starting on Sunday.
(145) Whole body--For purposes of external exposure,
head, trunk including male gonads, arms above the elbow, or legs above
the knee.
(146) Worker--An individual engaged in work under a
license or certificate of registration issued by the agency and controlled
by a licensee or registrant, but does not include the licensee or
registrant.
(147) Working level (WL)--Any combination of short-lived
radon daughters in 1 liter of air that will result in the ultimate
emission of 1.3 x 105 MeV of potential
alpha particle energy. The short-lived radon daughters are--for radon-222:
polonium-218, lead-214, bismuth-214, and polonium-214; and for radon-220:
polonium-216, lead-212, bismuth-212, and polonium-212.
(148) Working level month (WLM)--An exposure to one
working level for 170 hours--2,000 working hours per year divided
by 12 months per year is approximately equal to 170 hours per month.
(149) Year--The period of time beginning in January
used to determine compliance with the provisions of this chapter.
The licensee may change the starting date of the year used to determine
compliance by the licensee provided that the change is made at the
beginning of the year and that no day is omitted or duplicated in
consecutive years.
(c) Exemptions.
(1) General provision. The agency may, upon application
therefore or upon its own initiative, exempt a source of radiation
or a kind of use or user from the requirements of this chapter if
the agency determines that the exemption is not prohibited by law
and will not result in a significant risk to public health and safety
and the environment. In determining such exemptions, the agency will
consider:
(A) state of technology;
(B) economic considerations in relation to benefits
to the public health and safety; and
(C) other societal, socioeconomic, or public health
and safety considerations.
(2) United States Department of Energy (DOE) contractors
and NRC contractors. Any DOE contractor or subcontractor and any NRC
contractor or subcontractor of the following categories operating
within Texas is exempt from this chapter, with the exception of §289.204
of this title (relating to Fees for Certificates of Registration,
Radioactive Material Licenses, Emergency Planning and Implementation,
and Other Regulatory Services), to the extent that such contractor
or subcontractor under that individual's contract receives, possesses,
uses, transfers, or acquires sources of radiation:
(A) prime contractors performing work for DOE at United
States government-owned or controlled sites, including the transportation
of sources of radiation to or from such sites and the performance
of contract services during temporary interruptions of such transportation;
(B) prime contractors of DOE performing research in,
or development, manufacture, storage, testing, or transportation of,
atomic weapons or components thereof;
(C) prime contractors of DOE using or operating nuclear
reactors or other nuclear devices in a United States government-owned
vehicle or vessel; and
(D) any other prime contractor or subcontractor of
DOE or of NRC when the state and NRC jointly determine that:
(i) the exemption of the prime contractor or subcontractor
is authorized by law; and
(ii) in accordance with the terms of the contract or
subcontract, there is adequate assurance that the work thereunder
can be accomplished without undue risk to the public health and safety
and the environment.
(d) Records.
(1) Each licensee shall maintain records showing the
receipt, transfer, and disposal of all non-exempt sources of radiation.
(A) Records of receipt, transfer, and disposal of sources
of radiation shall include as a minimum, the following information:
(i) a unique identification of each source of radiation,
including:
(I) manufacturer's name;
(II) isotope;
(III) activity; and
(IV) if available, sealed source serial number;
(ii) the date of receipt, transfer, or disposal of
each source of radiation;
(iii) for the licensee transferring the source of radiation,
the name of the transferee, the number of the transferee's radioactive
material license authorizing possession of the material, and the regulatory
agency issuing the license to the transferee; and
(iv) for the licensee receiving the source of radiation,
the name of the transferor, the number of the transferor's radioactive
material license authorizing possession of the material, and the regulatory
agency issuing the license to the transferor.
(B) Records of receipt, transfer, and disposal shall
be maintained by the licensee until disposal is authorized by the
agency.
(2) Additional record requirements and retention periods
are specified elsewhere in this chapter.
(3) All records required by this chapter shall be accurate
and factual.
(4) Records are only valid if stamped, initialed, or
signed and dated by authorized personnel or otherwise authenticated.
(5) Each record required by this chapter must be legible
throughout the retention period specified by the agency. The record
may be the original or a reproduced copy or a microform provided that
the copy or microform is authenticated by authorized personnel and
that the microform is capable of producing a clear copy throughout
the required retention period. The record may also be stored in electronic
media with the capability for producing legible, accurate, and complete
records during the required retention period. Records, such as letters,
drawings, or specifications, must include all pertinent information
such as stamps, initials, and signatures. The licensee shall maintain
adequate safeguards against tampering with and loss of records.
(e) Inspections.
(1) The agency may enter public or private property
at reasonable times to determine whether, in a matter under the agency's
jurisdiction, there is compliance with the Act, the agency's rules,
license conditions, and orders issued by the agency.
Cont'd... |
