| (a) Purpose. The intent of this section is as follows.
(1) This section provides for the specific licensing
of radioactive material.
(2) Unless otherwise exempted, no person shall manufacture,
produce, receive, possess, use, transfer, own, or acquire radioactive
material except as authorized by the following:
(A) a specific license issued in accordance with this
section and any of the following sections:
(i) §289.253 of this title (relating to Radiation
Safety Requirements for Well Logging Service Operations and Tracer
Studies);
(ii) §289.255 of this title (relating to Radiation
Safety Requirements and Licensing and Registration Procedures for
Industrial Radiography);
(iii) §289.256 of this title (relating to Medical
and Veterinary Use of Radioactive Material);
(iv) §289.258 of this title (relating to Licensing
and Radiation Safety Requirements for Irradiators); or
(v) §289.259 of this title (relating to Licensing
of Naturally Occurring Radioactive Material (NORM)); or
(B) a general license or general license acknowledgment
issued in accordance with §289.251 of this title (relating to
Exemptions, General Licenses, and General License Acknowledgements).
(3) A person who manufactures, produces, receives,
possesses, uses, transfers, owns, or acquires radioactive materials
before receiving a license is subject to the requirements of this
chapter.
(b) Scope. In addition to the requirements of this
section, the following additional requirements are applicable.
(1) All licensees, unless otherwise specified, are
subject to the requirements in the following sections:
(A) §289.201 of this title (relating to General
Provisions for Radioactive Material);
(B) §289.202 of this title (relating to Standards
for Protection Against Radiation from Radioactive Materials);
(C) §289.203 of this title (relating to Notices,
Instructions, and Reports to Workers; Inspections);
(D) §289.204 of this title (relating to Fees for
Certificates of Registration, Radioactive Material Licenses, Emergency
Planning and Implementation, and Other Regulatory Services);
(E) §289.205 of this title (relating to Hearing
and Enforcement Procedures); and
(F) §289.257 of this title (relating to Packaging
and Transportation of Radioactive Material).
(2) Licensees engaged in well logging service operations
and tracer studies are subject to the requirements of §289.253
of this title.
(3) Licensees engaged in industrial radiographic operations
are subject to the requirements of §289.255 of this title.
(4) Licensees using radioactive material for medical
or veterinary use are subject to the requirements of §289.256
of this title.
(5) Licensees using sealed sources in irradiators are
subject to the requirements of §289.258 of this title.
(6) Licensees possessing or using naturally occurring
radioactive material are subject to the requirements of §289.259
of this title.
(c) Types of licenses. Licenses for radioactive materials
are of two types: general and specific.
(1) General licenses provided in §289.251 and §289.259
of this title are effective without the filing of applications with
the department or the issuance of licensing documents to the particular
persons, although the filing of an application for acknowledgement
with the department may be required for a particular general license.
The general licensee is subject to any other applicable portions of
this chapter and any conditions or limitations of the general license.
(2) Specific licenses require the submission of an
application to the department and the issuance of a licensing document
by the department. The licensee is subject to all applicable portions
of this chapter as well as any conditions or limitations specified
in the licensing document.
(d) Filing application for specific licenses. The department
may, at any time after the filing of the original application, require
further statements in order to enable the department to determine
whether the application should be denied or the license should be
issued.
(1) Applications for specific licenses shall be filed
in a manner prescribed by the department.
(2) Each application shall be signed by the chief executive
officer or other individual delegated the authority to manage, direct,
or administer the licensee's activities.
(3) An application for a license may include a request
for a license authorizing one or more activities. The department may
require the issuance of separate specific licenses for those activities.
(4) An application for a license may include a request
for more than one location of use on the license. The department may
require the issuance of a separate license for additional locations
that are more than 30 miles from the main site specified on a license.
(5) Each application for a specific license, other
than a license exempted from §289.204 of this title, shall be
accompanied by the fee prescribed in §289.204 of this title.
(6) Each application shall be accompanied by a completed
RC Form 252-1 (Business Information Form).
(7) Each applicant shall demonstrate to the department
that the applicant is financially qualified to conduct the activity
requested for licensure, including any required decontamination, decommissioning,
reclamation, and disposal before the department issues a license.
Each licensee shall demonstrate to the department that it remains
financially qualified to conduct the licensed activity before a license
is renewed. Methods for demonstrating financial qualifications are
specified in subsection (jj)(8) of this section. The requirement for
demonstration of financial qualification is separate from the requirement
specified in subsection (gg) of this section for certain applicants
or licensees to provide financial assurance.
(8) If facility drawings submitted in conjunction with
the application for a license are prepared by a professional engineer
or engineering firm, those drawings shall be final and shall be signed,
sealed and dated in accordance with the requirements of the Texas
Board of Professional Engineers and Land Surveyors, Title 22, Part
6, Texas Administrative Code (TAC), Chapter 137.
(9) Applications for licenses shall be processed in
accordance with the following time periods.
(A) The first period is the time from receipt of an
application by the department to the date of issuance or denial of
the license or a written notice outlining why the application is incomplete
or unacceptable. This time period is 60 days.
(B) The second period is the time from receipt of the
last item necessary to complete the application to the date of issuance
or denial of the license. This time period is 30 days.
(C) These time periods are exclusive of any time period
incident to hearings and post-hearing activities required by the Texas
Government Code, Chapter 2001.
(10) Except as provided in this paragraph, an application
for a specific license to use radioactive material in the form of
a sealed source or in a device that contains the sealed source shall:
(A) identify the source or device by manufacturer and
model number as registered in accordance with subsection (v) of this
section or with equivalent regulations of the United States Nuclear
Regulatory Commission (NRC) or any agreement state, or for a source
or a device containing radium-226 or accelerator-produced radioactive
material registered in accordance with subsection (v) of this section;
or
(B) contain the information specified in subsection
(v)(3) - (4) of this section.
(11) For sources or devices manufactured before October
23, 2012, that are not registered in accordance with subsection (v)
of this section or with equivalent regulations of the NRC or any agreement
state, and for which the applicant is unable to provide all categories
of information specified in subsection (v)(3) - (4) of this section,
the application shall include:
(A) all available information identified in subsection
(v)(3) - (4) of this section concerning the source, and, if applicable,
the device; and
(B) sufficient additional information to demonstrate
that there is reasonable assurance that the radiation safety properties
of the source or device are adequate to protect health and minimize
danger to life and property. Such information shall include:
(i) a description of the source or device;
(ii) a description of radiation safety features;
(iii) the intended use and associated operating experience;
and
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