(a) Except as otherwise specifically provided, the
rules in this chapter apply to all persons who dispose of radioactive
substances; all persons who recover or process source material; and
all persons who receive radioactive substances from other persons
for storage or processing.
(1) However, nothing in these rules shall apply to
any person to the extent that person is subject to regulation by the
United States Nuclear Regulatory Commission (NRC) or to radioactive
material in the possession of federal agencies.
(2) Any United States Department of Energy contractor
or subcontractor or any NRC contractor or subcontractor of the following
categories operating within the state, is exempt from the rules in
this chapter, with the exception of any applicable fee set forth in
Subchapter B of this chapter (relating to Radioactive Substance Fees),
to the extent that such contractor or subcontractor under his contract
receives, possesses, uses, transfers, or acquires sources of radiation:
(A) prime contractors performing work for the United
States Department of Energy at a United States government-owned or
controlled site, including the transportation of radioactive material
to or from the site and the performance of contract services during
temporary interruptions of transportation;
(B) prime contractors of the United States Department
of Energy performing research in or development, manufacture, storage,
testing, or transportation of atomic weapons or components thereof;
(C) prime contractors of the United States Department
of Energy 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
the United States Department of Energy or the NRC when the state and
the NRC jointly determine that:
(i) the exemption of the prime contractor or subcontractor
is authorized by law; and
(ii) under 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 or the environment.
(3) Radioactive material that is physically received
from the federal government by a non-federal facility is subject to
state jurisdiction except as provided in paragraph (2) of this subsection.
(4) The rules of this chapter do not apply to transportation
of radioactive materials. This provision does not exempt a transporter
from other applicable requirements.
(5) The rules in this chapter do not apply to the disposal
of radiation machines as defined in this subchapter or electronic
devices that produce non-ionizing radiation.
(b) Regulation by the State of Texas of source material,
by-product material, and special nuclear material in quantities not
sufficient to form a critical mass is subject to the provisions of
the agreement between the State of Texas and the NRC and to 10 Code
of Federal Regulations Part 150 (10 CFR Part 150) (Exemptions and
Continued Regulatory Authority in Agreement States and in Offshore
Waters Under Section 274). (A copy of the Texas agreement, "Articles
of Agreement between the United States Nuclear Regulatory Commission
and the State of Texas for Discontinuance of Certain Commission Regulatory
Authority and Responsibility Within the State Pursuant to Section
274 of the Atomic Energy Act of 1954, as Amended" (Agreement), may
be obtained from this commission.) Under the Agreement and 10 CFR
Part 150, the NRC retains certain regulatory authorities over source
material, by-product material, and special nuclear material in the
State of Texas. Persons in the State of Texas are not exempt from
the regulatory requirements of the NRC with respect to these retained
authorities.
(c) No person may receive, possess, use, transfer,
or dispose of radioactive material, which is subject to the rules
in this chapter, in such a manner that the standards for protection
against radiation prescribed in these rules are exceeded.
(d) Each person licensed by the commission under this
chapter shall confine possession, use, and disposal of licensed radioactive
material to the locations and purposes authorized in the license.
(e) No person may cause or allow the release of radioactive
material, which is subject to the rules in this chapter, to the environment
in violation of this chapter or of any rule, license, or order of
the Texas Commission on Environmental Quality (commission).
(f) No person shall:
(1) dispose of low-level radioactive waste on site,
except as authorized under §336.501(b) of this title (relating
to Scope and General Provisions);
(2) receive low-level radioactive waste from other
persons for the purpose of disposal, except for a person specifically
licensed for the disposal of low-level radioactive waste;
(3) dispose of radioactive materials other than low-level
radioactive waste, except for diffuse naturally occurring radioactive
material waste having concentrations of less than 2,000 picocuries
per gram (pCi/g) radium-226 or radium-228;
(4) dispose of radioactive materials from other persons
other than low-level radioactive waste, except for naturally occurring
radioactive material waste in accordance with Subchapter K of this
chapter (relating to Commercial Disposal of Naturally Occurring Radioactive
Material Waste from Public Water Systems);
(5) recover or process source material, except in accordance
with Subchapter L of this chapter (relating to Licensing of Source
Material Recovery and By-Product Material Disposal Facilities);
(6) store, process, or dispose of by-product material,
except in accordance with Subchapter L of this chapter; or
(7) receive radioactive substances from other persons
for storage or processing, except in accordance with Subchapter M
of this chapter (relating to Licensing of Radioactive Substances Processing
and Storage Facilities).
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Source Note: The provisions of this §336.1 adopted to be effective June 5, 1997, 22 TexReg 4588; amended to be effective September 3, 1998, 23 TexReg 8837; amended to be effective September 14, 2000, 25 TexReg 8989; amended to be effective January 8, 2004, 29 TexReg 150; amended to be effective July 21, 2005, 30 TexReg 4127; amended to be effective February 28, 2008, 33 TexReg 1570; amended to be effective March 12, 2009, 34 TexReg 1688; amended to be effective February 2, 2012, 37 TexReg 335 |