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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER DGENERAL
RULE §289.201General Provisions for Radioactive Material

personal air sampling devices.

  (58) Inspection--An official examination and/or observation including, but not limited to, records, tests, surveys, and monitoring to determine compliance with the Act and rules, orders, requirements, and conditions of the agency.

  (59) Internal dose--That portion of the dose equivalent received from radioactive material taken into the body.

  (60) Ionizing radiation--Any electromagnetic or particulate radiation capable of producing ions, directly or indirectly, in its passage through matter. Ionizing radiation includes gamma rays and x rays, alpha and beta particles, high-speed electrons, neutrons, and other nuclear particles.

  (61) Land disposal facility--The land, buildings, and equipment that are intended to be used for the disposal of low-level radioactive waste (LLRW) into the subsurface of the land.

  (62) Lens dose equivalent--The external dose equivalent to the lens of the eye at a tissue depth of 0.3 cm (300 mg/cm2 ).

  (63) License--A form of permission given by the agency to an applicant who has met the requirements for licensing set out in the Act and this chapter.

  (64) Licensed material--Radioactive material received, possessed, used, or transferred under a general or specific license issued by the agency.

  (65) Licensee--Any person who is licensed by the agency in accordance with the Act and this chapter.

  (66) Licensing state--Any state with rules equivalent to the Suggested State Regulations for Control of Radiation relating to, and having an effective program for, the regulatory control of naturally occurring or accelerator-produced radioactive material (NARM) and has been designated as such by the Conference of Radiation Control Program Directors, Inc. For the purposes of evaluation and/or distribution of sealed sources, this includes Licensing State Status: Product Review Only.

  (67) Local law enforcement agency (LLEA)--A public or private organization that has been approved by a federal, state, or local government to carry firearms and make arrests, and is authorized and has the capability to provide an armed response in the jurisdiction where the licensed category 1 or category 2 quantity of radioactive material is used, stored, or transported.

  (68) Lost or missing radioactive material--Radioactive material whose location is unknown. This definition includes licensed material that has been shipped but has not reached its planned destination and whose location cannot be readily traced in the transportation system.

  (69) Low-level radioactive waste (LLRW)--Radioactive material that meets the following criteria:

    (A) LLRW is radioactive material that is:

      (i) discarded or unwanted and is not exempt by rule adopted under the Texas Radiation Control Act (Act), HSC, §401.106;

      (ii) waste, as that term is defined in Title 10, CFR, §61.2; and

      (iii) subject to:

        (I) concentration limits established in Title 10, CFR, §61.55, or compatible rules adopted by the agency or the Texas Commission on Environmental Quality (TCEQ), as applicable; and

        (II) disposal criteria established in Title 10, CFR, or established by the agency or TCEQ, as applicable.

    (B) LLRW does not include:

      (i) high-level radioactive waste as defined by Title 10, CFR, §60.2;

      (ii) spent nuclear fuel as defined by Title 10, CFR, §72.3;

      (iii) byproduct material defined in the Act, HSC, §401.003(3)(B);

      (iv) naturally occurring radioactive material (NORM) waste that is not oil and gas NORM waste;

      (v) oil and gas NORM waste; or

      (vi) transuranics greater than 100 nanocuries per gram.

  (70) Manufacture--To fabricate or mechanically produce.

  (71) Member of the public--Any individual, except when that individual is receiving an occupational dose.

  (72) Minor--An individual less than 18 years of age.

  (73) Mobile device--A piece of equipment containing licensed radioactive material that either is mounted on a permanent base with wheels and/or casters, or otherwise equipped for moving while completely assembled and without dismounting; or is a portable device. Mobile devices do not include stationary equipment installed in a fixed location.

  (74) Monitoring--The measurement of radiation, radioactive material concentrations, surface area activities, or quantities of radioactive material and the use of the results of these measurements to evaluate potential exposures and doses. For purposes of this chapter, "radiation monitoring" and "radiation protection monitoring" are equivalent terms.

  (75) Movement control center--An operations center that is remote from transport activity and that maintains position information on the movement of radioactive material, receives reports of attempted attacks or thefts, provides a means for reporting these and other problems to appropriate agencies and can request and coordinate appropriate aid.

  (76) NARM--Any naturally occurring or accelerator-produced radioactive material except source material or special nuclear material.

  (77) Natural radioactivity--Radioactivity of naturally occurring nuclides whose location and chemical and physical form have not been altered by man.

  (78) No-later-than arrival time--The date and time that the shipping licensee and receiving licensee have established as the time at which an investigation will be initiated if the shipment has not arrived at the receiving facility. The no-later-than arrival time may not be more than 6 hours after the estimated arrival time for shipments of category 2 quantities of radioactive material.

  (79) NRC--The United States Nuclear Regulatory Commission or its duly authorized representatives.

  (80) Occupational dose--The dose received by an individual in the course of employment in which the individual's assigned duties involve exposure to sources of radiation from licensed/registered and unlicensed/unregistered sources of radiation, whether in the possession of the licensee/registrant or other person. Occupational dose does not include dose received from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released in accordance with this chapter, from voluntary participation in medical research programs, or as a member of the public.

  (81) Particle accelerator--Any machine capable of accelerating electrons, protons, deuterons, or other charged particles in a vacuum and designed to discharge the resultant particulate or other associated radiation at energies usually in excess of 1 million electron volts (MeV).

  (82) Person--Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, local government, any other state or political subdivision or agency thereof, or any other legal entity, and any legal successor, representative, agent, or agency of the foregoing, other than NRC, and other than federal government agencies licensed or exempted by NRC.

  (83) Personnel monitoring equipment (See definition for individual monitoring devices.)

  (84) Pharmacist--An individual licensed by the Texas State Board of Pharmacy to compound and dispense drugs, prescriptions, and poisons.

  (85) Physician--An individual licensed by the Texas Medical Board.

  (86) Portable device--A piece of equipment containing licensed radioactive material that is designed by the manufacturer to be hand carried during use.

  (87) Positron emission tomography (PET) radionuclide production facility--A facility operating a cyclotron or accelerator for the purpose of producing PET radionuclides.

  (88) Principal activities--Activities authorized by the license that are essential to achieving the purpose(s) for which the license was issued or amended. Storage during which no licensed material is accessed for use or disposal and activities incidental to decontamination or decommissioning are not principal activities.

  (89) Public dose--The dose received by a member of the public from exposure to sources of radiation released by a licensee, or to any other source of radiation under the control of a licensee/registrant. It does not include occupational dose or doses received from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released in accordance with this chapter, or from voluntary participation in medical research programs.

  (90) Quality factor (Q)--The modifying factor listed in subsection (n)(1) and (2) of this section that is used to derive dose equivalent from absorbed dose.

Cont'd...

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