| (a) Disposal of radioactive tracer materials used in
the exploration, development or production of oil or gas or geothermal
resources is exempt from licensing requirements for the disposal of
radioactive substances under this chapter if the radioactive tracer
materials are disposed of in accordance with this section.
(b) Radioactive tracers are eligible for exemption
under this section if:
(1) the possession, transportation, and use of the
radioactive tracers are licensed or otherwise authorized by the Texas
Department of State Health Services;
(2) the non-water soluble radioactive tracers are in
fluids that have been retrieved from a well used in the exploration,
development or production of oil or gas or geothermal resources and
such well is permitted or otherwise authorized by the Railroad Commission
of Texas;
(3) the total concentration of radioactivity for all
isotopes disposed does not exceed 1,000 picocuries per gram (pCi/g),
and the half-life of each isotope is 120 days or less; and
(4) the radioactive tracers are non-water soluble.
(c) A person may dispose of radioactive tracers that
are eligible for exemption under subsection (b) of this section in
an on-site disposal pit that is permitted by the Railroad Commission
of Texas for the disposal of oil and gas waste and is covered by at
least two feet of clean soil.
(d) A person may dispose of radioactive tracers that
are eligible for exemption under subsection (b) of this section in
a Class II injection well permitted by the Railroad Commission of
Texas for the disposal of oil and gas waste if the permit specifically
authorizes the disposal of radioactive tracers.
(e) Any person who disposes of radioactive tracers
exempted from licensing requirements under this section must maintain
records related to the disposal, including method and location of
disposal, identity of specific isotopes, estimated volume of the radioactive
tracers, and total concentration of radioactivity for the isotopes
disposed, and dates of disposal. The executive director may request
records related to disposal of tracer materials under this section
at any time.
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