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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

no>(B) transfers this material or component to a licensed land disposal facility or to a licensed waste collector or processor for handling or treatment prior to disposal. A licensee performing processing or decontamination services may be a waste generator if the transfer of LLRW from its facility is defined as residual waste.

  (54) Waste processor--An entity, operating in accordance with an NRC or agreement state license, whose principal purpose is to process, repackage, or otherwise treat LLRW or waste generated by others prior to eventual transfer of waste to a licensed LLRW land disposal facility.

  (55) Waste type--A waste within a disposal container having a unique physical description (i.e., a specific waste descriptor code or description; or a waste sorbed on or solidified in a specifically-defined media).

(e) Transportation of radioactive material.

  (1) Each licensee who transports radioactive material outside the site of usage as specified in the agency license, transports on public highways, or delivers radioactive material to a carrier for transport, shall comply with the applicable requirements of the DOT regulations in Title 49, CFR, Part 107, Parts 171 - 180 and 390 - 397 appropriate to the mode of transport. The licensee shall particularly note DOT regulations in the following areas:

    (A) Packaging - Title 49, CFR, Part 173: Subparts A, B, and I.

    (B) Marking and labeling - Title 49, CFR, Part 172: Subpart D, and §§172.400 - 172.407 and §§172.436 - 172.441 of Subpart E.

    (C) Placarding - Title 49, CFR, Part 172: Subpart F, especially §§172.500 - 172.519 and §172.556, and Appendices B and C.

    (D) Accident reporting - Title 49, CFR, Part 171: §171.15 and §171.16.

    (E) Shipping papers and emergency information - Title 49, CFR, Part 172: Subparts C and G.

    (F) Hazardous material employee training - Title 49, CFR, Part 172: Subpart H.

    (G) Hazardous material shipper/carrier registration - Title 49, CFR, Part 107: Subpart G.

    (H) Security Plans - Title 49, CFR, Part 172: Subpart I.

  (2) The licensee shall also note DOT regulations pertaining to the following modes of transportation:

    (A) Rail: Title 49, CFR Part 174: Subparts A through D and K.

    (B) Air: Title 49, CFR Part 175.

    (C) Vessel: Title 49, CFR Part 176: Subparts A through F and M.

    (D) Public Highway: Title 49, CFR Part 177 and Parts 390 through 397.

  (3) If DOT regulations are not applicable to a shipment of radioactive material (i.e. DOT does not have jurisdiction), the licensee shall conform to DOT standards and requirements specified in paragraph (1) of this subsection to the same extent as if the shipment or transportation were subject to DOT regulations. A request for modification, waiver, or exemption from those requirements shall be filed and approved by the agency. Any notification referred to in those requirements, shall be submitted to the agency.

  (4) Transporter proof of financial responsibility.

    (A) Transporters of low-level radioactive waste to a Texas low-level radioactive waste disposal site shall submit proof of financial responsibility required by Title 49, CFR, §387.7 and §387.9, to the agency and receive a registration letter from the agency prior to initial shipment.

    (B) The transporter registration expires on the expiration date of the proof of financial responsibility or in 10 years, if the proof of financial responsibility does not have an expiration date.

    (C) To renew a transporter's registration, the transporter shall submit to the agency new proof of financial responsibility.

    (D) The transporter shall submit to the agency new proof of financial responsibility any time the amount of liability coverage is reduced or a new policy is purchased.

  (5) The agency shall review and determine alternate routes for the transportation and routing of radioactive material in accordance with 49 CFR, §397.103.

(f) Exemption for low-level radioactive materials.

  (1) A licensee is exempt from all requirements of this section with respect to shipment or carriage of the following low-level materials:

    (A) Natural material and ores containing naturally occurring radionuclides that are either in their natural state, or have only been processed for purposes other than for the extraction of the radionuclides, and which are not intended to be processed for use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the applicable radionuclide activity concentration values specified in subsection (ee), (ee)(7), and (ee)(8) of this section.

    (B) Materials for which the activity concentration is not greater than the activity concentration values specified in subsection (ee), (ee)(7), and (ee)(8) of this section, or for which the consignment activity is not greater than the limit for an exempt consignment found in subsection (ee), (ee)(7), and (ee)(8) of this section.

    (C) Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels cited in the definition of contamination in subsection (d) of this section.

  (2) Common and contract carriers, freight forwarders, warehousemen, and the United States Postal Service are exempt from the regulations in this subchapter to the extent that they transport or store radioactive material in the regular course of their carriage for another or storage incident thereto.

  (3) Persons who discard licensed material in accordance with §289.202(fff) of this title are exempt from all requirements of this section.

(g) Exemption of physicians. Any physician licensed by a State to dispense drugs in the practice of medicine is exempt from Title 10, CFR, §71.5 with respect to transport by the physician of licensed material for use in the practice of medicine. However, any physician operating under this exemption shall be licensed under Title 10, CFR, Part 35 or the equivalent agreement state regulations.

(h) Exemption from classification as fissile material. Fissile materials meeting the requirements of at least one of the paragraphs (1) through (6) of this subsection are exempt from classification as fissile material and from the fissile material package standards of Title 10, CFR §71.55 and §71.59, but are subject to all other requirements of this section, except as noted.

  (1) An individual package containing 2 grams or less fissile material.

  (2) Individual or bulk packaging containing 15 grams or less of fissile material provided the package has at least 200 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but shall not be included in determining the required mass for solid nonfissile material.

  (3) Solid fissile material commingled with solid non-fissile material.

    (A) Low concentrations of solid fissile material commingled with solid nonfissile material provided:

      (i) that there is at least 2000 grams of solid nonfissile material for every gram of fissile material; and

      (ii) there is no more than 180 grams of fissile material distributed within 360 kg of contiguous non-fissile material.

    (B) Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but shall not be included in determining the required mass of solid nonfissile material.

  (4) Uranium enriched in uranium-235 to a maximum of 1% by weight, and with total plutonium and uranium-233 content of up to 1% of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than 5% of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package.

  (5) Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2% by mass, with a total plutonium and uranium-233 content not exceeding 0.002% of the mass of uranium, and with a minimum nitrogen to uranium atomic ratio (N/U) of 2. The material shall be contained in at least a DOT Type A package.

  (6) Packages containing, individually, a total plutonium mass of not more than 1000 grams, of which not more than 20% by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides.

(i) General license.

  (1) NRC-approved package.

Cont'd...

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