|(a) Scope. Except as otherwise specifically provided,
this section applies to all persons who receive, possess, use, transfer,
or acquire any radioactive material, provided, however, that nothing
in this section shall apply to any person to the extent such person
is subject to regulation by the United States Nuclear Regulatory Commission
(NRC) or to radioactive material in the possession of federal agencies.
Attention is directed to the fact that regulation by the state of
source material, byproduct 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 and NRC and to Part
150 of NRC regulations (Title 10, Code of Federal Regulations (CFR),
Part 150). A person who receives, possesses, uses, owns, transfers,
or acquires radioactive material prior to receiving a license is subject
to the requirements of this chapter.
(b) Definitions. The following words and terms when
used in this chapter shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Absorbed dose--The energy imparted by ionizing
radiation per unit mass of irradiated material. The units of absorbed
dose are the gray (Gy) and the rad.
(2) Accelerator-produced material--Any material made
radioactive by exposing it to the radiation from a particle accelerator.
(3) Access control--A system for allowing only approved
individuals to have unescorted access to the security zone and for
ensuring that all other individuals are subject to escorted access.
(4) Act--Texas Radiation Control Act, Health and Safety
Code (HSC), Chapter 401.
(5) Activity--The rate of disintegration or transformation
or decay of radioactive material. The units of activity are the becquerel
(Bq) and the curie (Ci).
(6) Adult--An individual 18 or more years of age.
(7) Agency--The Department of State Health Services.
(8) Aggregated--Accessible by the breach of a single
physical barrier that would allow access to radioactive material in
any form, including any devices that contain the radioactive material,
when the total activity equals or exceeds a category 2 quantity of
(9) Agreement state--Any state with which NRC has entered
into an effective agreement under §274b of the Atomic Energy
Act of 1954, as amended (73 Stat. 689).
(10) Airborne radioactive material--Any radioactive
material dispersed in the air in the form of dusts, fumes, particulates,
mists, vapors, or gases.
(11) Airborne radioactivity area--A room, enclosure,
or area in which airborne radioactive materials exist in concentrations:
(A) in excess of the derived air concentrations (DACs)
specified in Table I, Column 3 of §289.202(ggg)(2)(F) of this
title (relating to Standards for Protection Against Radiation from
Radioactive Materials); or
(B) to such a degree that an individual present in
the area without respiratory protective equipment could exceed, during
the hours an individual is present in a week, an intake of 0.6% of
the annual limit on intake (ALI) or 12 DAC-hours.
(12) Approved individual--An individual whom the licensee
has determined to be trustworthy and reliable for unescorted access
in accordance with §289.252(ii)(2) - (8) of this title (relating
to Licensing of Radioactive Material) and who has completed the training
required by §289.252(ii)(10)(C) of this title.
(13) As low as is reasonably achievable (ALARA)--Making
every reasonable effort to maintain exposures to radiation as far
below the dose limits in these regulations as is practical, consistent
with the purpose for which the licensed activity is undertaken, taking
into account the state of technology, the economics of improvements
in relation to the state of technology, the economics of improvements
in relation to benefits to the public health and safety, and other
societal and socioeconomic considerations, and in relation to utilization
of ionizing radiation and licensed sources of radiation in the public
(14) Background investigation--The investigation conducted
by a licensee or applicant to support the determination of trustworthiness
(15) Background radiation--Radiation from cosmic sources;
non-technologically enhanced naturally occurring radioactive material,
including radon, except as a decay product of source or special nuclear
material, and including global fallout as it exists in the environment
from the testing of nuclear explosive devices or from past nuclear
accidents, such as Chernobyl, that contribute to background radiation
and are not under the control of the licensee. "Background radiation"
does not include radiation from sources of radiation regulated by
(16) Becquerel (Bq)--The International System of Units
(SI) unit of activity. One becquerel is equal to 1 disintegration
or transformation per second (dps or tps). Commonly used multiples
of the becquerel are the kBq (kilobecquerel, 103 Bq),
MBq (megabecquerel, 106 Bq), GBq (gigabecquerel,
109 Bq), and TBq (terabecquerel, 1012 Bq). 1 Ci = 37 GBq.
(17) Bioassay--The determination of kinds, quantities,
or concentrations, and, in some cases, the locations of radioactive
material in the human body, whether by direct measurement, in vivo
counting, or by analysis and evaluation of materials excreted or removed
from the human body. For purposes of this chapter, "radiobioassay"
is an equivalent term.
(18) Brachytherapy--A method of radiation therapy in
which sealed sources are utilized to deliver a radiation dose at a
distance of up to a few centimeters, by surface, intracavitary, or
(19) Byproduct material--Byproduct material is defined
(A) any radioactive material (except special nuclear
material) yielded in or made radioactive by exposure to the radiation
incident to the process of producing or utilizing special nuclear
(B) the tailings or wastes produced by or resulting
from the extraction or concentration of uranium or thorium from any
ore processed primarily for its source material content, including
discrete surface wastes resulting from uranium solution extraction
processes. Underground ore bodies depleted by these solution extraction
operations do not constitute "byproduct material" within this definition;
(C) any discrete source of radium-226 that is produced,
extracted, or converted after extraction, before, on, or after August
8, 2005, for use for a commercial, medical, or research activity;
(D) any material that has been made radioactive by
use of a particle accelerator; and is produced, extracted, or converted
after extraction, before, on, or after August 8, 2005, for use for
a commercial, medical, or research activity; and
(E) any discrete source of naturally occurring radioactive
material, other than source material, that is extracted or converted
after extraction before, on, or after August 8, 2005, for use in a
commercial, medical, or research activity and that the United States
NRC, in consultation with the Administrator of the United States Environmental
Protection Agency (EPA), the United States Secretary of Energy, the
United States Secretary of Homeland Security, and the head of any
other appropriate Federal agency, determines would pose a threat similar
to the threat posed by a discrete source of radium-226 to the public
health and safety or the common defense and security.
(20) Category 1 quantity of radioactive material--A
quantity of radioactive material meeting or exceeding the category
1 threshold in §289.252(jj)(9) of this title. This is determined
by calculating the ratio of the total activity of each radionuclide
to the category 1 threshold for that radionuclide and adding the ratios
together. If the sum is equal to or exceeds 1, the quantity would
be considered a category 1 quantity. Category 1 quantities of radioactive
material do not include the radioactive material contained in any
fuel assembly, subassembly, fuel rod, or fuel pellet.
(21) Category 2 quantity of radioactive material--A
quantity of radioactive material meeting or exceeding the category
2 threshold but less than the category 1 threshold in §289.252(jj)(9)
of this title. This is determined by calculating the ratio of the
total activity of each radionuclide to the category 2 threshold for
that radionuclide and adding the ratios together. If the sum is equal
to or exceeds 1, the quantity would be considered a category 2 quantity.
Category 2 quantities of radioactive material do not include the radioactive
material contained in any fuel assembly, subassembly, fuel rod, or
(22) Certificate of registration--A form of permission
given by the agency to an applicant who has met the requirements for
registration or mammography system certification set out in the Act
and this chapter.
(23) Certification of mammography systems (state certification)--A
form of permission given by the agency to an applicant who has met
the requirements for mammography system certification set out in the
Act and this chapter.
(24) Collective dose--The sum of the individual doses
received in a given period of time by a specified population from
exposure to a specified source of radiation.
(25) Commercial--Having financial profit as the primary
(26) Committed dose equivalent (HT,50
)--The dose equivalent to organs or tissues of reference (T)
that will be received from an intake of radioactive material by an
individual during the 50-year period following the intake.
(27) Committed effective dose equivalent (HE,50 )--The sum of the products of the weighting
factors applicable to each of the body organs or tissues that are
irradiated and the committed dose equivalent to each of these organs
or tissues (HE,50 = ΣWT HT.50 ).
(28) Consortium--An association of medical use licensees
and a Positron Emission Tomography (PET) radionuclide production facility
in the same geographical area that jointly own or share in the operation
and maintenance costs of the PET radionuclide production facility
that produces PET radionuclides for use in producing radioactive drugs
within the consortium for noncommercial distributions among its associated
members for medical use. The PET radionuclide production facility
within the consortium shall be located at an educational institution
or a medical facility.
(29) Constraint (dose constraint)--A value above which
specified licensee actions are required.
(30) Critical group--The group of individuals reasonably
expected to receive the greatest exposure to residual radioactivity
for any applicable set of circumstances.
(31) Curie (Ci)--A unit of measurement of radioactivity.
One curie (Ci) is that quantity of radioactive material that decays
at the rate of 3.7 x 1010 disintegrations
per second (dps). Commonly used submultiples of the curie are the
millicurie (mCi) and the microcurie (µCi). One mCi = 1 x 10-3 Ci = 3.7 x 107 dps.
One µCi = 1 x 10-6 Ci = 3.7 x 104 dps. One nanocurie (nCi) = 1 x 10-9 Ci = 3.7 x 101 dps.
One picocurie (pCi) = 1 x 10-12 Ci =
3.7 x 10-2 dps.
(32) Decommission--To remove a facility or site safely
from service and reduce residual radioactivity to a level that permits
(A) release of the property for unrestricted use and/or
termination of license; or
(B) release of the property under alternate requirements
for license termination.
(33) Deep dose equivalent (Hd ),
that applies to external whole body exposure--The dose equivalent
at a tissue depth of 1 centimeter (cm) (1,000 milligrams per square
centimeter (mg/cm2 )).
(34) Depleted uranium--The source material uranium
in which the isotope uranium-235 is less than 0.711 weight percent
of the total uranium present. Depleted uranium does not include special
(35) Discrete source--A radionuclide that has been
processed so that its concentration within a material has been purposely
increased for use for commercial, medical, or research activities.
(36) Distinguishable from background--The detectable
concentration of a radionuclide is statistically different from the
background concentration of that radionuclide in the vicinity of the
site, or, in the case of structures or equipment, in similar materials
using adequate measurement technology, survey, and statistical techniques.
(37) Distribution--The physical conveyance and authorized
transfer of commodities from producers to consumers and any intermediate
persons involved in that conveyance.
(38) Diversion--The unauthorized movement of radioactive
material subject to §289.252(ii) of this title to a location
different from the material's authorized destination inside or outside
of the site at which the material is used or stored.
(39) Dose--A generic term that means absorbed dose,
dose equivalent, effective dose equivalent, committed dose equivalent,
committed effective dose equivalent, total organ dose equivalent,
or total effective dose equivalent. For purposes of this chapter,
"radiation dose" is an equivalent term.