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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

      (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.

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

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

  (47) 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.

  (48) 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.

  (49) 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.

  (50) 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.

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

  (52) 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

    (B) transfers this material or component to a licensed land disposal facility or to a licensed waste collector or processor for handling or treatment before 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.

  (53) 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 before eventual transfer of waste to a licensed LLRW land disposal facility.

  (54) 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 department 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 department. Any notification referred to in those requirements, shall be submitted to the department.

  (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 department and receive a registration letter from the department before 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 department new proof of financial responsibility.

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

  (5) The department 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.

Cont'd...

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