Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998 Page: 7,708
7663-7938 p. ; 28 cm.View a full description of this periodical.
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(b) Definitions. The words and terms used in this chapter
shall have the same meaning as defined in the code, 401.003, unless
the context clearly indicates otherwise.
(c) [(b)] Jurisdiction.
(1) In accordance with 401.412 of the code, the
Texas Natural Resource Conservation Commission (TNRCC) has
primary jurisdiction to regulate and issue licenses for the disposal of
radioactive substances, except for by-product material, as defined in
the code, 401.003 and for naturally occurring radioactive material
(NORM) originating from oil and gas production and exploration
activities, defined as "oil and gas NORM waste" in the code, 401.003
[(-2 of the ede For purposes ofthis MOT 4 disposal means. isolation
or removal of radioactive substances from mankind's environment
without intent to retrieve those radioactive substances late
term does not include emissions and discharges in accordance
with of thi title relating to Standards for Prtetion
Against Ra;tio.~ of the Texas Departent of Health (TH
"Radioaeti e sbtane includes by-produet material radioactive
material, radioactive water , surce materials uces ofradiatio n and special n' materialas 1.e deiVed
.spec iat nlear material as are defined by 40193 - of the e,.de tIn
accordance with 401 412 of the e4 the TNRC aso has primary
,j-i ..Ms ..et to regulate and isue lien...... for - -urce .te r -t recover
and pro s including the disosalt of by-product material as
defined in l401-93(3)(B) of the code].
(2) The TDH has jurisdiction to regulate and license the
possession, receipt, use, handling, transfer, transport, and storage
of all radioactive material, including [excluding] the recovery and
processing of source material, and processing and disposal of by-
product material as defined in the code, 401.003 [(3)(B of the
eede, and the disposal of radioae ive substances]. The TDH has
sole jurisdiction to regulate and register or license the use or service
of electronic products as defined in the code, 401.003[(9) of the
code]. The code, [Section] 401.106, [of the code] gives the TDH
the authority, through rulemaking by the Texas Board of Health, to
exempt a source of radiation or a kind of use or user from licensing
or registration requirements.
3) The s reeip storage andler processing of radioactive
substances received by a TNRCG licensee at a radioactive substance
disposal facility for the explicit puosee of disposal at that facility
shall be regulated by the TNRCC. All other ttses of radioactive mate-
iat (e7g well logging industrial radiographl gauging de. ete
at a TNRCC licensed radioactive substance disposal facility shall be
regulated by the TDHf
4(~ Processing of radioactive substances at a TNRCG-
licensed radiaetie subtanee disp facility by persons other than
the TNRCC licensee shall be authorized only by the TDH under a
license or nder reeiproeal reeegi 'tio of an -t- ste license and
shall be in accordance with the jursdiction of the TDH4.]
((5 The receipt, storage, and processing of radioactive
material at TDH-licensed facilities whose pi4mary activity is not
disposal of radioactive substances but which are also licensed by the
TNRCG for disposal of radioactive substances hat be regulated by
the TDH.J
(d) Responsibilities.
(1) The receipt, storage, and/or processing of radioactive
substances received by a TNRCC licensee at a commercial radioactive
substance disposal facility for the explicit purpose of disposal at that
facility shall be regulated by the TNRCC. All other uses of radioactive
material (e.g., well logging, industrial radiography, gauging devices,etc.) at a TNRCC-licensed radioactive substance disposal facility
shall be regulated by the TDH.
(2) Processing of radioactive substances at a TNRCC-
licensed commercial radioactive substance disposal facility by persons
other than the TNRCC licensee shall be authorized only by the TDH
under a license or under reciprocal recognition of an out-of-state
license and shall be in accordance with the jurisdiction of the TDH.
(3) The receipt, storage, and processing of radioactive
material at TDH-licensed facilities whose primary activity is not
disposal of radioactive substances but which are also licensed by
the TNRCC for on-site non-commercial disposal of radioactive
substances shall be regulated by the TDH.
(e) [(e)] Relationship with the United States Nuclear Regu-
latory Commission (NRC) and the Texas Radiation Advisory Board
(TRAB) regarding rulemaking. The TNRCC and the TDH agree
to work together to ensure that complete regulation is maintained
for sources, uses, and users of radiation. As appropriate, the TDH
and the TNRCC agree to coordinate rulemaking activities between
the two agencies and the TRAB to ensure consistency of regulation.
Each agency agrees to coordinate rulemaking activities which pertain
to the requirements of the Agreement between the State of Texas and
the NRC, as amended, and to ensure the compatibility of rules and
guidelines with federal regulatory programs. Each agency agrees to
coordinate on providing information on any proposed legislation re-
lating to the regulation of radioactive substances.
(f) In situ uranium mining.
(1) The TDH has primary responsibility for licensing
and enforcement activities for above ground process plant facilities
excluding wellhead assemblies, well monitoring equipment, and
preinjection equipment associated with waste disposal wells. The
TDH will review the applicant's design, construction, operation,
record keeping, maintenance, and decommissioning and closure plans
to ensure that they meet TDH requirements. The TDH has primary
responsibility for regulation of surface reclamation, decontamination,
and decommissioning.
(2) The TNRCC has primary responsibility for permitting
and enforcement activities for all wells permitted by the TNRCC
underground injection control program, wellhead assemblies, and
groundwater monitoring equipment. The TNRCC will review the
applicant's design, construction, operation, record keeping, mainte-
nance, and closure plans to ensure that they meet the TNRCC require-
ments. The TNRCC is also responsible for reviewing the design and
operations plans for groundwater monitoring, and excursion detection
and response, in consultation with the TDH. The TNRCC is respon-
sible for regulation of groundwater monitoring, excursion detection
and response, and groundwater restoration. Preinjection equipment
associated with waste disposal wells (tanks, filters, pumping stations,
etc.) is the primary permitting and enforcement responsibility of the
TNRCC.
(3) The TDH and the TNRCC are responsible for the re-
view, permitting, licensing, and enforcement activities for fluid hold-
ing ponds. The TDH and the TNRCC will review the applicant's
design, construction, operation, record keeping, maintenance, and clo-
sure plans to ensure that they meet the respective agency requirements
and license or permit conditions. The TDH and the TNRCC may co-
ordinate inspections, sampling programs, and enforcement actions.
Once a TNRCC permit for waste disposal wells associated with fluid
holding ponds has been revoked, the TDH is responsible for enforce-
ment activities for fluid holding ponds.24 TexReg 7708 July 31, 1998 Texas Register
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Texas. Secretary of State. Texas Register, Volume 23, Number 31, Pages 7663-7938, July 31, 1998, periodical, July 31, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113850/m1/47/: accessed July 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.