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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 289RADIATION CONTROL
SUBCHAPTER FLICENSE REGULATIONS
RULE §289.257Packaging and Transportation of Radioactive Material

      (ii) Natural uranium, depleted uranium, natural thorium or their compounds or mixtures, provided they are unirradiated and in solid or liquid form; or

      (iii) Radioactive material other than fissile material for which the A2 value is unlimited; or

      (iv) Other radioactive material (e.g.: mill tailings, contaminated earth, concrete, rubble, other debris, and activated material) in which the radioactivity is distributed throughout, and the estimated average specific activity does not exceed 30 times the value for exempt material activity concentration determined in accordance with subsection (ee) of this section.

    (B) LSA-II.

      (i) Water with tritium concentration up to 0.8 terabecquerel per liter (TBq/l) (20.0 curies per liter (Ci/l)); or

      (ii) Other material in which the radioactivity is distributed throughout, and the average specific activity does not exceed 10-4 A2 /g for solids and gases, and 10-5 A2 /g for liquids.

    (C) LSA-III. Solids (e.g., consolidated wastes, activated materials), excluding powders, that satisfy the requirements of Title 10, CFR, §71.77 in which:

      (i) the radioactive material is distributed throughout a solid or a collection of solid objects, or is essentially uniformly distributed in a solid compact binding agent (such as concrete, bitumen, ceramic, etc.); and

      (ii) the radioactive material is relatively insoluble, or it is intrinsically contained in a relatively insoluble material, so that, even with a loss of packaging, the loss of radioactive material per package by leaching, when placed in water for 7 days, will not exceed 0.1 A2 ; and

      (iii) the estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 x 10-3 A2 /g.

  (28) Low toxicity alpha emitters--Natural uranium, depleted uranium, natural thorium; uranium-235, uranium-238, thorium-232, thorium-228 or thorium-230 when contained in ores or physical or chemical concentrates or tailings; or alpha emitters with a half-life of less than 10 days.

  (29) Maximum normal operating pressure--The maximum gauge pressure that would develop in the containment system in a period of 1 year under the heat condition specified in Title 10, CFR, §71.71(c)(1), in the absence of venting, external cooling by an ancillary system, or operational controls during transport.

  (30) Natural thorium--Thorium with the naturally occurring distribution of thorium isotopes (essentially 100 weight percent thorium-232).

  (31) Normal form radioactive material--Radioactive material that has not been demonstrated to qualify as special form radioactive material.

  (32) NRC Forms 540, 540A, 541, 541A, 542, and 542A--Official NRC forms referenced in subsection (ff) of this section which includes the information required by DOT in Title 49, CFR, Part 172. Licensees need not use originals of these forms as long as any substitute forms contain the equivalent information. Licensees may include additional information deemed relevant to the licensee's shipment of low-level radioactive waste. Upon agreement between the shipper and consignee, NRC Forms 541 (and 541A) and NRC Forms 542 (and 542A) or equivalent documents may be completed, transmitted, and stored in electronic media. The electronic media shall have the capability for producing legible, accurate, and complete records in the format of the uniform manifest.

  (33) Package--The packaging together with its radioactive contents as presented for transport.

    (A) Fissile material package, Type AF package, Type BF package, Type B(U)F package, or Type B(M)F package--A fissile material packaging together with its fissile material contents.

    (B) Type A package--A Type A packaging together with its radioactive contents. A Type A package is defined and shall comply with the DOT regulations in Title 49, CFR, Part 173.

    (C) Type B package--A Type B packaging together with its radioactive contents. On approval by the NRC, a Type B package design is designated by NRC as B(U) unless the package has a maximum normal operating pressure of more than 700 kilopascals (kPa) (100 pounds per square inch (lb/in2)) gauge or a pressure relief device that would allow the release of radioactive material to the environment under the tests specified in Title 10, CFR, §71.73 (hypothetical accident conditions), in which case it will receive a designation B(M). B(U) refers to the need for unilateral approval of international shipments; B(M) refers to the need for multilateral approval of international shipments. There is no distinction made in how packages with these designations may be used in domestic transportation. To determine their distinction for international transportation, see DOT regulations in Title 49, CFR, Part 173. A Type B package approved before September 6, 1983, was designated only as Type B. Limitations on its use are specified in Title 10, CFR, §71.19.

  (34) Packaging--The assembly of components necessary to ensure compliance with the packaging requirements of this section. It may consist of one or more receptacles, absorbent materials, spacing structures, thermal insulation, radiation shielding, and devices for cooling or absorbing mechanical shocks. The vehicle, tie-down system, and auxiliary equipment may be designated as part of the packaging.

  (35) Physical description--The items called for on NRC Form 541 to describe a LLRW.

  (36) Registered freight forwarder--A freight forwarder that has an emergency plan approved in accordance with subsection (r) of this section and has been issued a registration letter.

  (37) Registered shipper--A shipper that has an emergency plan approved in accordance with subsection (r) of this section, and shipping containers approved in accordance with subsection(cc)(8) of this section and been issued a registration letter.

  (38) Registered transporter--A transporter that has an emergency plan approved in accordance with subsection (r) of this section, and proof of financial responsibility submitted and approved in accordance with subsection(e)(4) of this section and has been issued a registration letter.

  (39) Residual waste--LLRW resulting from processing or decontamination activities that cannot be easily separated into distinct batches attributable to specific waste generators. This waste is attributable to the processor or decontamination facility, as applicable.

  (40) Shipper--The licensed entity (i.e., the waste generator, waste collector, or waste processor) who offers LLRW for transportation, typically consigning this type of waste to a licensed waste collector, waste processor, or land disposal facility operator. This definition applies only to shipments of LLRW shipped to a Texas LLRW disposal facility.

  (41) Site of usage--The licensee's facility, including all buildings and structures between which radioactive material is transported and all roadways that are not within the public domain on which radioactive material can be transported.

  (42) Special form radioactive material--Radioactive material that satisfies the following conditions:

    (A) it is either a single solid piece or is contained in a sealed capsule that can be opened only by destroying the capsule;

    (B) the piece or capsule has at least one dimension not less than 5 millimeters (0.2 in); and

    (C) it satisfies the requirements of Title 10, CFR, §71.75. A special form encapsulation designed in accordance with the requirements of this subsection in effect on or after June 30, 1983 (see Title 10, CFR, Part 71, revised as of January 1, 1983), and constructed before July 1, 1985; a special form encapsulation designed in accordance with the requirements of this subsection in effect on or after March 31, 1996 (see Title 10, CFR, Part 71, revised as of January 1, 1996), and constructed before April 1, 1998; and

    (D) special form material that was successfully tested before September 10, 2015, in accordance with the requirements of Title 10, CFR, §71.75(d) in effect before September 10, 2015 may continue to be used. Any other special form encapsulation must meet the specifications of this definition.

  (43) Specific activity of a radionuclide--The radioactivity of the radionuclide per unit mass of that nuclide. The specific activity of a material in which the radionuclide is essentially uniformly distributed is the radioactivity per unit mass of the material.

  (44) Spent nuclear fuel or spent fuel--Fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least 1 year's decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.

  (45) Surface contaminated object (SCO)--A solid object that is not itself classed as radioactive material, but which has radioactive material distributed on any of its surfaces. A SCO shall be in one of the following two groups with surface activity not exceeding the following limits:

    (A) SCO-I--A solid object on which:

      (i) the non-fixed contamination on the accessible surface averaged over 300 square centimeters (cm2) (or the area of the surface if less than 300 cm2) does not exceed 4 becquerels per square centimeter (Bq/cm2) (10-4 microcurie per square centimeter (µCi/cm2)) for beta and gamma and low toxicity alpha emitters, or 4 x 10-1 Bq/cm2 (10-5 µCi/cm2) for all other alpha emitters;

      (ii) the fixed contamination on the accessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 4 x 104 Bq/cm2 (1 µCi/cm2) for beta and gamma and low toxicity alpha emitters, or 4 x 103 Bq/cm2 (10-1 µCi/cm2) for all other alpha emitters; and

      (iii) the non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 4 x 104 Bq/cm2 (1 µCi/cm2) for beta and gamma and low toxicity alpha emitters, or 4 x 103 Bq/cm2 (10-1 µCi/cm2) for all other alpha emitters.

    (B) SCO-II--A solid object on which the limits for SCO-I are exceeded and on which the following limits are not exceeded:

      (i) the non-fixed contamination on the accessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 400 Bq/cm2 (10-2 µCi/cm2) for beta and gamma and low toxicity alpha emitters or 40 Bq/cm2 (10-3 µCi/cm2) for all other alpha emitters;

      (ii) the fixed contamination on the accessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 8 x 105 Bq/cm2 (20 µCi/cm2) for beta and gamma and low toxicity alpha emitters, or 8 x 104 Bq/cm2 (2 µCi/cm2) for all other alpha emitters; and

      (iii) the non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 8 x 105 Bq/cm2 (20 µCi/cm2) for beta and gamma and low toxicity alpha emitters, or 8 x 104 Bq/cm2 (2 µCi/cm2) for all other alpha emitters.

  (46) Transporter--A carrier who transports radioactive material.

  (47) Tribal official--The highest ranking individual that represents Tribal leadership, such as the Chief, President, or Tribal Council leadership.

  (48) Uniform Low-Level Radioactive Waste Manifest or uniform manifest--The combination of NRC Forms 540, 541, and, if necessary, 542, and their respective continuation sheets as needed, or equivalent.

  (49) Unirradiated uranium--Uranium containing not more than 2 x 103 Bq (0.054 µCi) of plutonium per gram of uranium-235, not more than 9 x 106 Bq (243 µCi) of fission products per gram of uranium-235, and not more than 5 x 10-3 g of uranium-236 per gram of uranium-235.

  (50) Uranium--Natural, depleted, enriched:

    (A) Natural uranium--Uranium (which may be chemically separated) with the naturally occurring distribution of uranium isotopes (approximately 0.711 weight percent uranium-235, and the remainder by weight essentially uranium-238).

    (B) Depleted uranium--Uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes.

    (C) Enriched uranium--Uranium containing more uranium-235 than the naturally occurring distribution of uranium isotopes.

  (51) Waste collector--An entity, operating in accordance with an agency, NRC, or agreement state license, whose principal purpose is to collect and consolidate waste generated by others, and to transfer this waste, without processing or repackaging the collected waste, to another licensed waste collector, licensed waste processor, or licensed land disposal facility.

  (52) Waste description--The physical, chemical and radiological description of a LLRW as called for on NRC Form 541.

  (53) Waste generator--An entity, operating in accordance with an agency, NRC, or agreement state license, who:

    (A) possesses any material or component that contains radioactivity or is radioactively contaminated for which the licensee foresees no further use; and

Cont'd...

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