Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 3.
OIL AND GAS DIVISION
16 TAC §3.94
The Railroad Commission of Texas adopts the repeal of §3.94,
relating to Disposal of Oil and Gas NORM Waste, without changes to the proposal
published in the August 23, 2002, issue of the
Texas
Register
(27 TexReg 7691).
The Commission adopts the repeal in order to move the provisions of §3.94,
which is a lengthy rule, into 16 TAC Chapter 4, new subchapter F, to be entitled
Oil and Gas NORM. The new rules in Chapter 4 are being adopted concurrently
with this repeal.
Also in the August 23, 2002, issue of the
Texas
Register
(27 TexReg 7998), the Commission proposed the review of §3.94,
in accordance with Texas Government Code, §2001.039, as it is proposed
to be repealed. The notice of adopted review will be filed with the
No comments were received regarding the repeal.
The Commission adopts the repeal under Texas Health and Safety
Code, §401.415, which grants the Railroad Commission sole authority to
regulate and issue licenses, permits, and orders for the disposal of oil and
gas NORM, and authority to require the owner or operator of oil and gas equipment
used in exploration, production, or disposal to determine whether the equipment
contains or is contaminated with oil and gas NORM waste and to identify any
equipment determined to contain or be contaminated with oil and gas NORM in
order to protect public health and safety and the environment.
Texas Health and Safety Code, §401.415, is affected by the repeal.
Issued in Austin, Texas, on February 11, 2003.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301019
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Effective date: March 3, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 475-1295
Subchapter F. OIL AND GAS NORM
16 TAC §§4.601 - 4.603, 4.605, 4.608, 4.611, 4.614, 4.617, 4.620, 4.623, 4.626, 4.629, 4.632
The Railroad Commission of Texas adopts new §§4.601
- 4.603, 4.605, 4.608, 4.611, 4.614, 4.617, 4.620, 4.623, 4.626, 4.629, and
4.632, relating to Purpose; Exclusions and Exemptions; Definitions; Identification
of Equipment Contaminated with NORM; Worker Protection Standards; Prohibited
Disposal; Authorized Disposal Methods; Permit for Injection; Permit for Surface
Disposal; Alternatives; Recordkeeping; Inspection; and Penalties and Certificate
of Compliance, in 16 Texas Administrative Code (TAC) Chapter 4, new Subchapter
F to be entitled Oil and Gas NORM. (The acronym "NORM" stands for "naturally
occurring radioactive material.") The Commission adopts §§4.601,
4.602, 4.611, 4.623, 4.629, and 4.632 without changes and §§4.603,
4.605, 4.608, 4.614, 4.617, 4.620, and 4.626 with changes to the proposed
versions published in the August 23, 2002, issue of the
Texas Register
(27 TexReg 7692).
The Commission adopts these new rules on the same date it adopts the review
and repeal of §3.94; the adoptions of the review and the repeal will
be filed with the
Texas Register
concurrently
with the adoption of these new rules.
New Subchapter F re-codifies in a more organized fashion the Commission
rules concerning oil and gas NORM and oil and gas NORM waste, and moves the
rules into 16 TAC Chapter 4, entitled Environmental Protection. The Commission
adopts the new rules in Subchapter F to: (1) protect public health and safety
and the environment by requiring operators to label oilfield equipment contaminated
with NORM at or above the level that makes the possessor of the equipment
a general licensee pursuant to applicable regulations of the Texas Department
of Health (TDH), which is the state's radiation control agency; (2) define
exemption levels for radiation exposure and concentration consistent with
health and safety regulations of the TDH; (3) update the Commission's NORM
regulations to conform with requirements adopted by the TDH in 25 TAC Chapter
289, related to Radiation Control; and (4) reiterate that operators must comply
with applicable health and safety regulations of the TDH when they are engaged
in activities involving NORM disposal.
Background
In November 2000, in response to a legislative directive, the Commission
delivered to the Governor a report entitled A Study of Regulation of Oil and
Gas Naturally Occurring Radioactive Material (NORM) Waste In Texas (NORM Study),
reporting the Commission's findings from its investigation of NORM in Texas
oil fields. The NORM Study is on file in the Commission's library in the William
B. Travis Building, 12th floor, 1701 North Congress, Austin, Texas 78711.
On page 12 of the study, the Commission noted that, of 612 sites inspected,
59 sites had equipment with readings at or greater than the level of 50 microroentgens
per hour (µR/hr), the limit above which the TDH rule 25 TAC §289.259(d)(3)
states the equipment is subject to the TDH regulations which apply to general
licensees. Out of over 5,900 readings statewide, 203 were at or greater than
50 µR/hr.
Senate Bill 1338 (SB 1338), 77th Legislature (2001), amended Texas Health
and Safety Code §401.415 by adding new subsections (a)(2)(A) and (B)
specifically authorizing the Commission, in order to protect public health
and safety and the environment, to require the owner or operator of oil and
gas equipment used in exploration, production, or disposal to determine whether
the equipment contains or is contaminated with oil and gas NORM waste, and
to identify any equipment determined to contain or be contaminated with oil
and gas NORM. In response to this legislation, the Commission proposed amendments
to §3.94, which were published in the February 8, 2002, issue of the
The proposed amendments to §3.94, published February 8, were intended
to respond to SB 1338 and would have specifically required owners or operators
of oil and gas equipment to: (1) perform periodic radiation surveys depending
on the presence of NORM in a given oil or gas field, the type of maintenance
or operational activity, and time; and (2) report to the Commission contamination
readings on individual pieces of equipment.
On March 5, 2002, the Commission held a public hearing at the William B.
Travis Building, 1701 North Congress Avenue, Austin, Texas, to give Commission
staff the opportunity to discuss aspects of the February 8 proposal with interested
parties and to solicit comments. In addition, the Commission received written
comments on the proposed amendments through May 9, 2002. After considering
the comments, the Commission determined that the proposed survey and reporting
requirements were unworkable because the survey requirements would be highly
prescriptive without proportionate increased likelihood of attaining the statutory
goal of clearly notifying workers and the public when there is a potential
risk of NORM exposure from oil field equipment. The Commission withdrew the
proposed amendments published February 8.
Based on the comments on the February 8 proposal, the Commission changed
the requirements in these new rules to the more direct approach of simply
requiring identification and tagging of NORM-contaminated equipment. In addition,
the Commission changed the proposed reporting requirements to require operators
to retain appropriate records instead of filing the records with the Commission.
This proposal was published in the
Texas Register
on August 23, 2002.
General Discussion of New Subchapter F
The new rules do not mandate ongoing reporting of contaminated equipment
to the Commission, but require operators to retain such records for five years
(rather than the three years originally proposed in the proposed February
8 amendments), thus reducing some record-keeping and reporting requirements.
The five-year retention period assures records are available for a reasonable
time after operators are required to have equipment labeled between six months
and two years from the effective date of this rule.
The Commission did not propose a methodology for surveys, but will allow
individual operators to determine the most efficient method for their particular
situations.
The Commission based the initial proposal regarding periodic surveys of
equipment in fields where NORM has not been measured above 50 µR/hr
on the premise that NORM may accumulate in equipment over time as greater
volumes of fluid, particularly produced water, move through the equipment,
and also on the fact that produced water volumes generally increase as fields
mature. The Commission has since concluded that the field-oriented survey
and resurvey approach it initially proposed would be unworkable and inefficient.
The Commission therefore proposed and now adopts a simpler and more workable
approach in new §4.605 that requires NORM-contaminated equipment to be
identified and tagged. TDH regulations currently require an operator that
is a general licensee,
i.e.
, is in possession
of equipment with radiation exposure greater than 50 µR/hr, to comply
with 25 TAC §289.259(d)(3). New §4.605 requires the operator to
clearly mark the equipment as NORM-contaminated.
The Commission finds that listing a field, especially a county regular
field, as a field contaminated by NORM based on one survey, is problematic.
The new rules do not include requirements that are tied to fields or maintenance
and operations procedures, but simply require owners and operators to identify
and tag NORM-contaminated equipment. The Commission intends to maintain a
list of fields where NORM contamination has been identified. The list will
be updated as Commission inspectors report on equipment that is or should
be identified.
The adopted rules include requirements in §4.605 for the identification
and tagging of NORM-contaminated equipment because the Commission has determined
that such requirements would protect the health of workers. The Commission
prefers tagging because it provides direct notice of the presence of NORM.
The Commission anticipates that the provisions in new §4.605 will enhance
awareness of NORM risk to workers, and that employers will use tools and methods
to minimize the risk.
The Commission reiterates that pursuant to 25 TAC §289.259, and since
adoption of TDH's NORM regulations, operators already have been required to
know whether they possess equipment that has an exposure rate of 50 µR/hr
or greater of NORM. Section 289.259 establishes radiation protection standards
for the possession, use, transfer, and/or storage of NORM. The section applies
to any person who engages in, among other activities, the use, transfer, or
storage of NORM. Exceptions include certain categories of NORM waste and,
pursuant to 25 TAC §289.259(d)(3), pipe (tubulars) and other downhole
or surface equipment used in oil production contaminated with NORM scale or
residue not otherwise exempted if the maximum radiation exposure level does
not exceed 50 µR/hr including background radiation level at any accessible
point. Thus, any person who possesses such equipment used in oil production
and contaminated with NORM scale or residue in excess of 50 µR/hr is
subject to the general licensee requirements of 25 TAC §289.259. Such
persons therefore are charged with knowing if the equipment is contaminated
with NORM scale or residue in excess of 50 µR/hr.
The Commission's requirement for onsite disposal is the same as that of
the TDH, which adopted the 30 pCi/g exemption level for oil and gas NORM waste
in §289.259, effective April 11, 1999, on the basis of scientific evidence.
The Commission notes that radioactive wireline equipment is a "radioactive
source" as defined by TDH regulations. Such sources are not NORM and, therefore,
are not within the scope of this rulemaking. In new Subchapter F, the Commission
modified the definition of "equipment" to exclude exploration equipment, making
unnecessary a specific exemption for wireline equipment.
The Commission recognizes that NORM has not been found associated with
well drilling equipment and did not intend for a drilling contractor's equipment
to be surveyed and identified. In new §4.603, the Commission defines
"equipment" to refer to equipment used for production or disposal. This language
is also consistent with 25 TAC §289.259(d)(3).
Neither the Commission's proposed February 8 amendments nor the new rules
in Subchapter F include radon emanation rates. The TDH removed radon emanation
rate criteria from the exemption level for oil and gas NORM waste in its amendments
to 25 TAC §289.259 in 1999.
The Commission's new rules in Subchapter F change the standard for onsite
application from 5 pCi/g of Radium-226 and Radium-228 to 30 pCi/g of Radium-226
combined with Radium-228 above background. The new rules also allow the onsite
application of other radionuclides in concentrations of 150 pCi/g or less
in order to be consistent with TDH exemption levels. In practice, screening
to determine exposure rate in µR/hr is a common procedure to evaluate
where the highest reading occurs and is typically followed by confirmation
sampling and analysis of the concentration of mixed soil and NORM waste. The
Commission will work with the TDH in the future on the possibility of survey-based
standards for soil and mixed media, and intends to work with the TDH to develop
workshops to help operators comply with the new requirements.
Commission inspectors will be provided with testing equipment, such as
survey meters. The Commission has some testing equipment, has recently purchased
more survey equipment, and intends to purchase more when funding becomes available.
Although no state requirements currently exist regarding training for persons
who perform NORM surveys, taking a reading to determine whether or not equipment
is contaminated with NORM is a relatively simple procedure.
The TDH's rule §289.259(f)(4)(A) allows the transfer of NORM-contaminated
equipment, provided the equipment will be used for the same purpose or at
the same site. New §4.605 simply requires labeling of NORM-contaminated
equipment, whether it stays in one place or is moved. The Commission did not
propose any changes that would conflict with the TDH regulation regarding
general licensees and activities with regard to possession, storage, transfer,
and transport. The Commission did not establish time limits on the management
of NORM in equipment because NORM storage issue is a matter under TDH jurisdiction.
In addition, the Commission does not have jurisdiction over activities or
equipment at pipe-refurbishing yards, except for disposal of oil and gas NORM
waste generated there.
As the state radiation control agency, the TDH has jurisdiction over worker
protection standards, except for activities involving disposal of oil and
gas NORM waste. New Subchapter F does not include adoption of TDH worker protection
standards by reference because Commission staff is not trained to enforce
the TDH worker protection regulations; however, Subchapter F does restate
worker protection requirements with more specificity as to the categories
of protective measures the TDH requires, and to add citations to specific
applicable TDH regulations.
Requirements such as the need for landowner consent to dispose of NORM
waste in a well that is being plugged when the waste was generated on another
lease or unit have been the subject of much discussion between interested
persons and the Commission in more than one context, and were raised in conjunction
with this rulemaking in response to the February 8, 2002, proposal. These
provisions have remained the same since the Commission first adopted NORM
regulations, effective December 12, 1994. The Commission finds that under
the circumstances provided for in the rule such consent continues to be warranted,
and that the person who commented on these provisions in the February proposal
did not comment on them in the August proposal, even though the language did
not change.
Discussion of Comments on the August 23, 2002,
Proposal
Five interested persons filed written comments on the August 23, 2002,
proposal. Two associations (Texas Oil and Gas Association [TXOGA] and Texas
Independent Producers and Royalty Owners Association [TIPRO]) commented, and
neither expressed opposition to the proposal. TIPRO's comment was favorable
and suggested change to one provision. TXOGA did not oppose the proposal and
offered four comments. The Texas Department of Health (TDH) and Lotus, LLC,
also filed comments. After the close of the comment period, the Commission
received oral comments from the Texas Radiation Advisory Board (TRAB) during
the TRAB's quarterly meeting on January 25, 2003; in addition, the TRAB voted
unanimously to recommend that the Commission not adopt the new rules. Finally,
on January 25, 2003, the Commission received additional late-filed written
comments from Lotus, LLC, through TRAB. Many of these comments concerned requirements
in the Commission's new NORM rules that are not substantially different from
the provisions that have been in effect since the Commission first adopted §3.94,
effective December 12, 1994. Other Lotus, LLC, comments reiterated those that
the Commission had already received in the initial comments filed by Lotus,
LLC.
TXOGA suggested adding the phrase "engaging in the act of" to the definition
of "disposal" in §4.603(3) in order to distinguish "disposal" from accidental
spills or discharges that are promptly and properly remediated, so that persons
who suffer an accidental spill and clean it up according to the rules are
not exposed to a potential enforcement action for unauthorized disposal. The
Commission agrees that a wording change should be made, but has made a slightly
different change to parallel the Commission's definition of "disposal" in §3.8.
The definition in §3.8 prohibits a person from "causing or allowing"
unauthorized discharge, deposit, injection, etc. The Commission has added
a "cause or allow" provision to this definition of "disposal," along with
the "engaging in" language TXOGA suggested.
TIPRO suggested that in §4.603(4), the definition of "equipment,"
the Commission strike the clause "oil and gas equipment used for production
or disposal, including but not limited to . . .", and leave the definition
to specify precise types of oil field material covered, without a catch-all
clause. The Commission disagrees with this comment because maintaining the
latitude provided by the catch-all "including but not limited to" better assures
that all NORM contaminated equipment to which an oil field worker may be exposed
will be properly identified. TIPRO also suggested adding the modifier "oil
and gas" to the term "waste" in the last part of this definition. The Commission
agrees with this comment and adopts this change.
TDH recommended limiting the references to the TDH exemption levels in §4.603(9)(D)
by excluding the reference to the subparagraphs in 25 Texas Administrative
Code §289.259, relating to Licensing of Naturally Occurring Radioactive
Material (NORM), and referring to main paragraphs only. The Commission finds
that this change clarifies the intent of the rule and therefore has made this
change.
TXOGA commented that a subsection should be added to §4.605, relating
to Identification of Equipment Contaminated with NORM, that would consider
a functioning system as a whole and, in certain cases, allow one sign to identify
more than one piece of equipment as being NORM contaminated. The Commission
finds that this modification of the equipment labeling requirements adds flexibility
and still accomplishes the intent of the labeling requirements. This modification
meets the need, not clearly addressed in the proposal, to assure that contaminated
"systems" are properly identified to assure worker safety. The Commission
agrees with the comment in principle and has incorporated a new subsection
(c) into the adopted rule allowing such systems to be identified, but also
making clear that when such a system is broken up, the owner or operator must
properly tag individual pieces of contaminated equipment, or must properly
tag groups of such equipment that are contained, wrapped, bound or tied together.
TXOGA commented that §4.608, relating to Worker Protection Standards,
should be clarified, by stating that only "applicable provisions" of 25 TAC §289.202
are to be complied with. The Commission notes that 25 TAC §289.202 is
the TDH's standard for protection against radiation, and not all provisions
apply to oil and gas exploration and production circumstances. The Commission
agrees with the comment, and notes that it is TDH, not the Commission, that
will determine which provisions of 25 TAC §289.202 do apply to oil and
gas exploration and production.
Lotus, LLC commented that subsections (c) and (d) of §4.614, relating
to Authorized Disposal Methods, should be struck or altered because they do
not state a methodology to ensure ground cover geometry as stringent as that
in a TDH memorandum dated January 31, 1995. The Commission has determined
that the limits of concentration levels of Radium-226 combined with Radium-228
allowed for in the burial and landfarming of oil and gas NORM are consistent
with the exemption levels in the TDH regulations. The Commission therefore
does not agree with the comment and declines to make the recommended change.
TXOGA commented that in subsection (a) of §4.626, relating to Recordkeeping,
the reference to §4.605, relating to Identification of Oil and Gas Equipment
Contaminated with NORM, is redundant and should be removed. The Commission
does not agree because §4.626(a) addresses retention of records concerning
equipment levels and survey instrument calibration which each call for distinct
types of records.
Lotus, LLC suggested limits on the transfer of equipment to non-bonded
operators. The Commission does not agree with this comment because transfer
of NORM contaminated equipment is under Texas Department of Health jurisdiction.
The Commission made no change in response to this comment.
The Texas Department of Health (TDH) comment noted that the agency is in
the process of revising 25 TAC §289.259. One of the proposed revisions
will change the wording of the exemption concerning oil and gas NORM waste
from the current "radium 226 or radium 228" to "radium 226 combined with radium
228." When first adopted in 1993, the TDH rule specified radium-226 or radium-228
in association with a radon emanation rate. The 1999 revision of the TDH rule
dropped the reference to radon emanation rate for oil and gas NORM waste,
but retained the "or" between "radium-226" and "radium-228."
The TDH has received input over the years indicating confusion over this
exemption. The view of TDH is that the wording of the exemption should be
consistent with the modeling and evaluation that was performed in determining
the 30 pCi/g limit. In the modeling, the natural isotopic ratio of radium-226
to radium-228 (3:1) was used. Therefore the two isotopes are considered together.
To determine whether the 30 pCi/g exemption limit is applicable, TDH concluded,
an analysis of a sample should be performed to determine the concentration
of radium-226 combined with radium-228.
The Commission agrees with TDH and has adopted the rule with the phrase
"radium-226 combined with radium-228" replacing the phrases "radium-226 or
radium-228" and "radium-226 and radium-228." The Commission has determined
that there is no adverse impact from using the new phrase in place of the
phrase "radium-226 and radium-228" because the Commission and the TDH intended
and have historically interpreted the phrase to be additive and thus essentially
the same.
The Commission has also determined that there should be no appreciable
adverse impact on persons required to comply with the Subchapter F rules from
using the new phrase in place of the phrase "radium-226 or radium-228" even
though the new phrase is additive and the old one is not. Although there will
be circumstances where analysis of a sample of oil and gas waste may result
in a level that would be below the level of "radium-226 or radium-228" but
above the level of "radium-226 combined with radium-228," those instances
should be a relatively small percentage of all instances. Furthermore, in
the four adopted rules where the new phrase replaces the phrase "radium-226
or radium-228" (§4.614(c) and (d) and §4.620(b)), the operator would
only have to mix the NORM waste with a bit more soil to achieve the exemption
level required prior to burial or landfarming. Furthermore, the Commission
has raised the exemption level of 5 pCi/g specified in §3.94 to 30 pCi/g
in the Subchapter F rules.
The Texas Legislature created the Texas Radiation Advisory Board (TRAB)
in 1961 (Texas Health and Safety Code, Chapter 401). The TRAB reviews and
evaluates state radiation policies and programs; makes recommendations and
furnishes to the Texas Department of Health (TDH), the Texas Commission on
Environmental Quality (formerly the Texas Natural Resource Conservation Commission),
the Railroad Commission and other state agencies technical advice that may
be required on matters relating to development, use, and regulation. The TRAB
also reviews proposed rules and guidelines of these state agencies relating
to regulation of sources of radiation; and recommend changes in proposed or
existing rules and guidelines relating to uses of radiation. The TRAB generally
meets quarterly.
Commission staff has kept the TRAB advised of the activities relating to
oil and gas NORM. At the April 7, 2001, and the July 21, 2001, TRAB meetings,
Commission staff reported on Senate Bill 1338 and advised that the Commission
would need to modify Statewide Rule 94, Disposal of Oil and Gas NORM Waste,
because the bill authorizes the Commission to require operators to determine
whether their equipment is contaminated with NORM and to identify any such
equipment. At the November 3, 2001, TRAB meeting, Commission staff reported
that the Commission was in the process of amending Statewide Rule 94. This
draft was shared with the TDH and Texas Natural Resource Conservation Commission
(now the Texas Commission on Environmental Quality) at an interagency meeting.
At the January 12, 2002, TRAB meeting, Commission staff again reported on
Statewide Rule 94, advising that the Commission was modifying its first draft
of what were at that time proposed amendments.
At the April 6, 2002, TRAB meeting, Commission staff reported on the status
of the amendments to Statewide Rule 94. Also at that meeting, TRAB unanimously
voted to approve the Waste and Industrial Committee recommendation that the
Commission publish proposed amendments to §3.94, Disposal of Oil and
Gas NORM. At the July 20, 2002, TRAB meeting, TRAB unanimously voted to approve
the recommendation of the Waste and Industrial Committee for repeal of §3.94
and adoption of new rules in Chapter 4, Subchapter F. At the October 5, 2002,
TRAB meeting, Commission staff advised the TRAB that the proposed repeal of §3.94
and new rules in Chapter 4, Subchapter F, had been published in the
At the TRAB's quarterly meeting on January 25, 2003, Commission staff received
comments from TRAB concerning the proposed new Subchapter F. In addition,
the TRAB voted unanimously to recommend that the Commission not adopt the
rule amendments.
Comments from various members of the TRAB generally concerned notice to
landowners; use of measures other than emanation rates; exemption levels;
and transfer, decontamination, and storage of NORM-contaminated equipment.
The provisions for notice to affected landowners in the new rules are not
substantially different from the provisions that have been in effect since
the Commission first adopted §3.94, effective December 12, 1994. As discussed
previously in this preamble, the Commission is adopting exemption levels and
measurement units that are consistent with the current NORM regulations of
the Texas Department of Health. Transfer, cleaning, and storage of NORM-contaminated
equipment are under the jurisdiction of the Texas Department of Health.
Other comments from various members of TRAB concerned labeling that operators
would be required to place on NORM-contaminated equipment. One member commented
that the tag should include the three-bladed radiation symbol and that the
acronym "NORM" be in both English and Spanish.
The Commission finds that a requirement to include the three-bladed radiation
symbol on the tag required by §4.605 could be misleading. Under both
the Texas Department of Health regulations and the federal Occupational Safety
and Health Administration regulations, the three-bladed symbol must be used
to notify workers of radiation at such levels in an area that a major portion
of the body could receive in any one (1) hour a dose in excess of 5 millirem,
or in any five (5) consecutive days a dose in excess of 100 millirem (29 CFR §1910.1096.)
The TDH regulations include similar requirements. A requirement that operators
include this symbol on the tag for NORM-contaminated equipment could raise
health concerns that are out of proportion to the risk posed by NORM. The
Commission's concern in this rulemaking is that workers be warned to take
the precautions appropriate to potential exposure to oil and gas NORM during
maintenance, repair or handling of oil and gas equipment. Furthermore, the
TDH regulations require that an oil and gas operator who is a general licensee
provide training to ensure that workers are aware of the risks, and the precautions
necessary to avoid or minimize the risks, associated with NORM-contaminated
equipment.
The Commission does, however, agree that the addition of the Spanish translation
of "NORM" might be beneficial and has added language allowing employers whose
employees speak languages other than English to add to the tag the translation
of the acronym "NORM" in those languages, as long as the acronym "NORM" is
also on the tag.
A TRAB member also recommended that the Commission add words to ensure
that the tags are "securely attached." The Commission agrees with this comment
and has inserted the word "securely" before the word "attaching" in §4.605(a)
and (b), as a clarification of the Commission's intent as to the meaning of
these provisions.
One member of the TRAB also commented that the Commission has not been
very specific about the types of records that operators are required to keep.
The Commission agrees with this comment and has included language in §4.626
to clarify its intent with respect to information required to be in an operator's
records.
One TRAB member also recommended that the Commission require operators
to report to the Commission information concerning NORM-contaminated equipment.
As discussed earlier in this preamble, Senate Bill 1338 as it was initially
filed, included a requirement that operators report to the Commission, and
that the Commission maintain records of, NORM contaminated equipment; however,
the Texas Legislature specifically removed this requirement before passing
Senate Bill 1338. Furthermore, ready access to a database with information
about the location of NORM-contaminated field equipment would not be as useful
to workers in the field as a tag placed directly on contaminated equipment.
As noted above, the Commission is adopting the more direct approach of requiring
that operators tag NORM-contaminated equipment, maintain records on that equipment,
and make those records available to Commission personnel upon request.
Discussion of New Subchapter F as Adopted
New §4.601 includes a specific reference to the current requirement
that operators that possess oil and gas NORM comply with the Commission's
regulations and applicable TDH regulations and contains some new wording that
specifically identifies TDH regulations that persons who handle oil and gas
NORM or oil and gas NORM waste are expected to follow.
New §4.602, regarding Exclusions and Exemptions, is generally the
same as §3.94(b)(3) and (4), except that the new rule does not include
language that it is limited to disposal of oil and gas NORM waste, because
SB 1338 authorizes the Commission to require an operator to determine if oil
and gas equipment is contaminated with NORM and subsequently to identify such
equipment.
New §4.603, relating to Definitions, includes definitions for "Commission,"
"equipment," "NORM-contaminated equipment," and "radiation survey instrument,"
that are different from those in §3.94. "Equipment" is defined as oil
or gas equipment used in production and disposal. The Commission determined
that exploration equipment does not pose such a risk of becoming contaminated
with NORM to warrant coverage and because the relevant TDH regulation, 25
TAC §289.259(d)(3), does not refer to exploration equipment.
"NORM-contaminated equipment" is defined as equipment that contains or
is contaminated with NORM when appropriate radiation survey instruments detect
radiation exposure levels greater than 50 µR/hr, consistent with the
exemption level established by the TDH in 25 TAC §289.259(d)(3). The
Commission has made a minor editorial change in the wording for greater specificity
and thus greater clarity.
The new definition of "Commission" means the Commission or its delegate.
"Radiation survey instrument" is defined as an instrument used to measure
radiation and capable of measuring radiation exposure levels from one (1) µR/hr
to 500 µR/hr, consistent with TDH standards. New §4.603 does not
include definitions for "radiation survey" and "routine maintenance" because
the new rules do not require operators to conduct a survey at a specific time;
instead, operators are required to know if their equipment is contaminated
with NORM at or greater than 50 µR/hr, and if it is, to clearly mark
the equipment.
New rules in Subchapter F do not include references to the Texas Radiation
Control Regulations (TRCR) in order to conform to the TDH's recodification
of its radiation regulations, as in §3.94; instead, the new rules in
Subchapter F cite specific TDH regulations in the Texas Administrative Code.
New §4.605, relating to Identification of Equipment Contaminated with
NORM, represents the primary change from §3.94.
New §4.605(a) provides that within two years of the effective date
of this rule, each person who owns or operates equipment used for production
or disposal and each person who owns or operates equipment associated with
a commercial facility, as defined in §3.78 (relating to Fees, Performance
Bonds, and Alternative Forms of Financial Security Required to be Filed),
must identify NORM-contaminated equipment with the letters "NORM" by attaching
a clearly visible waterproof tag or marking with a legible waterproof paint
or ink.
New §4.605(b) provides that within six months of the effective date
of this rule, each person whom the Commission has notified that the person
owns or operates NORM-contaminated equipment must, on each lease that is the
subject of the Commission notice, identify NORM-contaminated equipment with
the letters "NORM" by attaching a clearly visible waterproof tag or marking
with a legible waterproof paint or ink.
New §4.605(c) allows the owner or operator to identify NORM-contaminated
equipment in an interconnected equipment system such as a wellhead, flowline,
or facility piping system by tagging the system as a whole so long as the
tag(s) provide the required notice. NORM-contaminated tubular goods, connections,
and other equipment removed from service or taken out of the functioning system
must be tagged in accordance with §4.605(a).
New §4.605(d) requires that the radiation survey instruments used
to assess radiation exposure levels in equipment be able to measure radiation
exposure from one (1) µR/hr to 500 µR/hr and to conform with regulations
adopted by the TDH in 25 TAC §289.259(e), relating to Licensing of Naturally
Occurring Radioactive Material (NORM). The new rules in Subchapter F do not
require a survey of equipment, but do require operators to identify NORM-contaminated
equipment.
New §4.608, relating to Worker Protection Standards, is different
from §3.94(c) in that the new rule more specifically identifies the relevant
TDH regulations but does not adopt them by reference.
New §4.611, relating to Prohibited Disposal, includes the provisions
of §3.94(d).
New §4.614, relating to Authorized Disposal Methods, includes the
requirement for determining the concentration of Radium-226 combined with
Radium-228 to be consistent with TDH regulations. The provisions of §3.94(e)
required a determination of Radium-226 and Radium-228, but §4.614, as
proposed on August 23,2002, used the phrase "Radium-226 or Radium-228" because
that is the terminology in TDH rules. However, TDH has advised the Commission
that its use of the conjunction "or" when referring to Radium-226/Radium-228
in this context is in error. TDH intends to change its wording of the exemption
from "Radium-226 or Radium-228" to "Radium-226 combined with Radium-228."
In addition, new §4.614(b)(7) requires an operator to include on Form
W-3A, Intent to Plug and Abandon, the radioactivity level of any NORM radionuclides
to be disposed of in a well to be plugged, not just Radium-226 and Radium-228,
as §3.94 required. The Commission adopts this provision to conform to
TDH's interpretation and application of 25 TAC §289.259(d)(1)(A)(ii),
relating to Licensing of Naturally Occurring Radioactive Material (NORM).
Similarly, new §4.614(c) raises the radioactivity limit of oil and
gas NORM waste that has been treated or processed for authorized onsite disposal
by burial from less than five picocuries per gram (pCi/g) to less than 30
pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other radionuclide.
The Commission adopts new §4.614(d) to allow disposal of NORM waste on
the same site where it was generated by mixing it with material on the land
surface if the radioactivity concentration of the NORM and soil waste mixture
does not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g
of any other radionuclide. The new limits on radioactivity levels for burial
and mixing material on the land surface conform to TDH's interpretation and
application of 25 TAC §289.259(d), which the TDH adopted effective April
11, 1999, to change the exemption levels for oil and gas NORM waste after
the Commission adopted §3.94, effective December 12, 1994.
New §4.617 relates to Permit for Injection. New §4.617(c)(3)
requires that an application for a permit to dispose oil and gas NORM waste
under §3.9 of this title, relating to Disposal Wells, include information
on the maximum measured radioactivity level of oil and gas NORM waste to be
injected in units of pCi/g of NORM radionuclides other than Radium-226 combined
with Radium-228. This change is necessary to conform with TDH's interpretation
and application of 25 TAC §289.259(d)(1)(A)(ii), relating to Licensing
of Naturally Occurring Radioactive Material (NORM). The other provisions in
new §4.617, including the notice requirements in §4.617(d), are
substantively the same requirements that have been in effect since the Commission
adopted §3.94, effective December 12, 1994.
New §4.620 relates to Permit for Surface Disposal. New §4.620(b)
increases the allowed radioactivity of an oil and gas NORM waste that is to
be buried or mixed with the land surface from less than five pCi/g above the
background level to less than 30 pCi/g of Radium-226 combined with Radium-228
or less than 150 pCi/g for any other radionuclide.
New §4.620(c)(3) requires that the applicant for a permit to dispose
of oil and gas NORM waste by burial or by mixing with the land surface provide
the maximum measured radioactivity level of any other NORM radionuclide. In
addition, new §4.620(c)(4) requires that the applicant include the background
radiation concentration measured in µR/hr as well as concentration measured
in pCi/g of Radium-226 combined with Radium-228. These changes are necessary
to conform with TDH's interpretation and application of 25 TAC §289.259(d)(1)(A)(i)
and (ii), relating to Licensing of Naturally Occurring Radioactive Material
(NORM).
The remaining provisions in new §4.620, including the notification
requirement in §4.620(d), have been in effect since the Commission first
adopted §3.94, effective December 12, 1994.
New §4.623, relating to Alternatives, allows the Commission to approve
alternatives to the provisions of proposed §4.617 and §4.620 upon
a demonstration in writing that the alternatives will protect the public health,
safety, and the environment. This rule does not differ substantially from §3.94(k),
which has been in effect since December 12, 1994.
New §4.626, relating to Recordkeeping, requires operators to retain
records relating to the identification of NORM-contaminated equipment and
disposal for at least five years. In new §4.626(b), the owner or operator
of the lease, unit, or facility is responsible for maintaining records of
the radiation exposure levels of equipment, the date the exposure levels were
determined, and the location and identification of the equipment. New §4.626
requires a record retention period of five years, but there is no requirement
for operators to file these records with the Commission. The Commission determined
that five years is appropriate because the new rules in Subchapter F make
each operator, rather than the Commission, responsible for retaining records.
Furthermore, new §4.605, relating to Identification of Equipment Contaminated
with NORM, requires identification and tagging of all equipment contaminated
with NORM within six months to two years of the effective date of the rule,
so the five year record retention provision provides the Commission ample
time to monitor compliance. New §4.626(c)(5) requires the owner to maintain
records on the radioactivity level of oil and gas NORM waste for any other
NORM radionuclide, not just Radium-226 combined with Radium-228, consistent
with TDH's interpretation and application of its regulations.
New §4.629, relating to Inspection, and new §4.632, relating
to Penalties and Certificate of Compliance, conveys the Commission's inspection
and enforcement authority under new Subchapter F. These rules do not differ
substantively from provisions in §3.94(j) that have been in effect since
the Commission first adopted §3.94, effective December 12, 1994.
The Commission has completed the review of §3.94, as proposed for
repeal, in accordance with Texas Government Code, §2001.039. The adopted
notice of review will be filed with the
Texas Register
concurrently with the adoptions of the repeal of §3.94 and the
new rules in chapter 4, Subchapter F.
The Commission adopts the new rules in Subchapter F under Texas
Health and Safety Code, §401.415, which grants the Railroad Commission
sole authority to regulate and issue licenses, permits, and orders for the
disposal of oil and gas NORM waste, and authority to require the owner or
operator of oil and gas equipment used in exploration, production, or disposal
to determine whether the equipment contains or is contaminated with oil and
gas NORM waste and to identify any equipment determined to contain or be contaminated
with oil and gas NORM in order to protect public health and safety and the
environment.
The Commission has determined that despite use of the permissive "may"
in SB 1338, the statute nevertheless broadened the Commission's authority
to include not only oil and gas NORM waste, but also NORM-contaminated equipment,
in order to protect public health and safety and the environment. Given the
compelling state interest in public health and the clear expansion of Commission
authority in this area by the legislature, the Commission is obliged to initiate
the equipment identification provisions.
The Commission also proposed and now adopts other revisions to be consistent
with the TDH NORM regulations. TDH regulates, among other things, the possession,
storage, use and transportation of NORM. Persons who owns or operate NORM-contaminated
equipment must comply with TDH requirements. In order to comply with the TDH
requirements for a general licensee, including worker protection standards,
the person must know whether or not the person possesses equipment contaminated
with NORM above the exemption level of 50 µR/hr. The Commission's new
rules do not change these requirements.
Regarding the Commission's own requirements, after review of the legislative
history of SB 1338 and testimony on the bill by the author and others, the
Commission determined that the intent of the bill was to direct the Commission
to review its 2000 NORM study and any other relevant information concerning
risks to public health and safety and the environment from NORM-contaminated
equipment, and to determine whether additional requirements might be necessary.
After this evaluation, the Commission determined that the legislature specifically
wanted operators to identify oil-field equipment contaminated with NORM where
necessary in order to reduce radiation risk to workers and other persons.
Therefore, the Commission proposed and now adopts a requirement that owners
or operators of oil and gas equipment identify and tag equipment that contains
or is contaminated with NORM above the exemption level established by the
TDH. The Commission determined that these changes will enhance the protection
of oil and gas field workers from exposure to airborne radiation that may
be ingested or inhaled.
The Commission reviewed SB 1338 and the Health and Safety Code, Chapter
401, to discern state law and policy concerning consistency among state agencies
charged with enforcing radioactivity regulations. The Commission concluded
that the provisions of Chapter 401, when viewed as a whole, indicate it is
the policy of the state for such standards to be consistent both among state
agencies and between state and federal authorities. SB 1338, which amended
Health and Safety Code, §401.415(d), requires the Commission to consult
with the TDH and the Texas Natural Resource Conservation Commission (TNRCC,
now the Texas Commission on Environmental Quality [TCEQ]) regarding administration
of the Commission's authority to regulate and issue licenses, permits, and
orders for the disposal of oil and gas NORM waste, and to require owners and
operators of oil and gas equipment to determine whether the equipment contains
oil and gas NORM and identify such equipment. The policy of interagency consultation
runs throughout Chapter 401.
See
§401.001(1)(B)
and (C), concerning the policy of the state to maintain single, effective
regulatory system compatible with other states' systems; §401.002, concerning
the program to promote orderly regulatory pattern in the state, among the
states, and between the federal government and the state; §401.015, concerning
creating one radiation advisory board made up of representatives of all the
relevant industries; §401.052, concerning the requirement that the radiation
advisory board's rules for transportation of radioactive material and waste,
to the extent practical, be compatible with the United States Department of
Transportation (USDOT) and the United States Nuclear Regulatory Commission
(USNRC) regulations; and §401.0525, concerning the requirement that the
board's groundwater protection standards be compatible with federal standards.
Consistent with this policy of compatibility, Health and Safety Code §401.415(e)
provides that the Commission shall adopt rules for the management of oil and
gas NORM waste and in so doing shall consult with the TNRCC (TCEQ) and the
TDH regarding protection of the public health and the environment. Further,
the Commission's rules shall provide protection for public health, safety,
and the environment equivalent to the protection provided by rules applicable
to disposal of other NORM wastes having similar properties, quantities, and
distribution, although the approved methods and sites for disposing of oil
and gas NORM wastes may be different from those approved for other NORM wastes.
The Commission concludes that the oil and gas NORM radiation standards (
In addition, the exemption level for equipment of 50 µR/hr, including
background, was established by the TDH during the adoption of its NORM regulations
in 1993. At that time, TDH received comments from oil and gas operators who
desired a quick and easy method for establishing exemption criteria for equipment
that did not also require a determination of background radiation. Furthermore,
review of the background readings for the 612 sites surveyed in the Commission's
NORM Study determined that the average background reading was 9.6 µR/hr
and that only three sites were included as NORM contaminated when readings,
including background, were slightly greater than 50 µR/hr. Finally,
inclusion of background levels eliminates the uncertainties as to the accuracy
of a background reading at a particular site. For all the foregoing reasons,
the Commission retained the 50 µR/hr requirement in these new rules.
Texas Health and Safety Code, §401.415, is affected by the proposed
new rules.
Issued in Austin, Texas, on February 11, 2003.
§4.603.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Background radiation--Radiation at the ground surface from:
(A)
cosmic sources;
(B)
non-technologically enhanced naturally occurring radioactive
material, including radon, except as a decay product of source or special
nuclear material; or
(C)
global fallout as it exists in the environment from the
testing of nuclear explosive devices. "Background radiation" does not include
sources of radiation from radioactive materials regulated by the TDH.
(2)
Commission--The Railroad Commission of Texas or its designee.
(3)
Disposal--Engaging in the act of discharging, depositing,
injecting, dumping, spilling, leaking, or placing of any oil and gas NORM
waste into or on any land or water, or causing or allowing any such act, so
that such waste, or any constituent thereof, may enter the environment or
be emitted into the air or discharged into any waters, including subsurface
waters. For purposes of this subchapter, disposal of oil and gas NORM waste
includes its management at the site (
e.g.
,
lease, unit, or facility) where disposal will occur when undertaken for the
explicit purpose of facilitating disposal at that site. The term does not
include decontamination activities, except for in-place mixing of oil and
gas NORM waste to remedy historical contamination of the land surface and
decontamination of equipment and facilities that become contaminated solely
through disposal operations. In addition, the term does not include activities,
including processing or treatment, that occur at a location other than the
disposal site.
(4)
Equipment--Oil and gas equipment used for production or
disposal, including but not limited to pipes (tubulars), tanks, vessels, pumps,
valves, flow lines, and connectors such as tees and elbows, provided that
such equipment is or has been in contact with oil and gas waste or produced
fluids or substances.
(5)
Microroentgens per hour (µR/hr)--A measurement of
exposure from x-ray and gamma ray radiation in air.
(6)
NORM--Naturally occurring radioactive material.
(7)
NORM-contaminated equipment--Equipment that, at any accessible
point, exhibits a minimum radiation exposure level greater than 50 µR/hr
including background radiation level.
(8)
Oil and gas waste--Oil and gas waste as defined in §3.8
of this title (relating to Water Protection).
(9)
Oil and gas NORM waste--Any solid, liquid, or gaseous material
or combination of materials (excluding source material, special nuclear material,
and by-product material) that:
(A)
in its natural physical state spontaneously emits radiation;
(B)
is discarded or unwanted;
(C)
constitutes, is contained in, or has contaminated oil and
gas waste; and
(D)
prior to treatment or processing that reduces the radioactivity
concentration, exceeds exemption criteria specified in 25 TAC §289.259(d)
(relating to Licensing of Naturally Occurring Radioactive Material (NORM)).
(10)
Person--A natural person, corporation, organization, government
or governmental subdivision or agency, business trust, estate, trust, partnership,
association, or any other legal entity.
(11)
Picocuries per gram (pCi/g)--A measure of the radioactivity
in one gram of a material. One picocurie is that quantity of radionuclide(s)
that decays at the rate of 3.7 x 10
-2
disintegrations
per second.
(12)
Radiation survey instrument--An instrument used to detect
and measure radiation exposure levels from 1 µR/hr through at least
500 µR/hr.
§4.605.Identification of Equipment Contaminated with NORM.
(a)
Except as provided in subsection (b) of this section, within
two years of the effective date of this rule, each person who owns or operates
equipment used for production or disposal including each person who owns or
operates equipment associated with a commercial facility, as defined in §3.78
(relating to Fees, Performance Bonds, and Alternative Forms of Financial Security
Required to be Filed), shall identify NORM-contaminated equipment with the
letters "NORM" by securely attaching a clearly visible waterproof tag or marking
with a legible waterproof paint or ink. Employers whose employees speak languages
other than English may add to the tag the translation of the acronym "NORM"
in those languages as long as the acronym "NORM" is also on the tag.
(b)
Within six months of the effective date of this rule, each
person whom the Commission has notified that the person owns or operates NORM-contaminated
equipment shall, on each lease that is the subject of the Commission notice,
identify NORM-contaminated equipment with the letters "NORM" by securely attaching
a clearly visible waterproof tag or marking with a legible waterproof paint
or ink. Employers whose employees speak languages other than English may add
to the tag the translation of the acronym "NORM" in those languages as long
as the acronym "NORM" is also on the tag.
(c)
For an interconnected equipment system such as a wellhead,
flowline, or facility piping system, the owner or operator of the system may
identify the system as a whole with tags or markings that provide notice to
workers on that system that the equipment in the system may be NORM-contaminated.
The owner or operator shall identify NORM-contaminated equipment that is removed
from an interconnected equipment system:
(1)
as individual pieces of equipment as provided in subsection
(a) of this section, or
(2)
as groups of equipment that are kept in a common container
or are wrapped, bound or tied securely together. Grouped equipment shall be
tagged or marked to provide notice that any piece of equipment in the group
may be NORM-contaminated.
(d)
Radiation survey instruments used to determine whether
equipment is NORM-contaminated shall comply with regulations adopted by the
TDH in 25 TAC §289.259(e) (relating to Licensing of Naturally Occurring
Radioactive Material (NORM)).
§4.608.Worker Protection Standards.
Any employer of persons engaged in activities involving the disposal
of oil and gas NORM waste shall comply with applicable provisions, as determined
by TDH, of 25 TAC §289.202 (relating to Standards for Protection Against
Radiation from Radioactive Material) adopted effective October 1, 2000, including
but not limited to:
(1)
implementing a radiation protection program as provided
in 25 TAC §289.202(e);
(2)
controlling the occupational dose to all employees as provided
in 25 TAC §289.202(f) - (m);
(3)
conducting surveys and monitoring as provided in 25 TAC §289.202(p)
and (q);
(4)
assuring respiratory protection and implement controls
to restrict internal exposure in restricted areas as provided in 25 TAC §289.202(v)
- (x);
(5)
posting signs and labels as provided in 25 TAC §289.202(z)
- (dd);
(6)
keeping records of radiation protection programs and of
special exposures as provided in 25 TAC §289.202(ll) - (nn), (pp) - (rr),
and (vv); and
(7)
keeping reports as provided in 25 TAC §289.202(ww)
- (zz) and (aaa).
§4.614.Authorized Disposal Methods.
(a)
Purpose. This section authorizes the methods for disposing
of oil and gas NORM waste without a permit.
(b)
Disposal in plugged and abandoned well. A person may dispose
of oil and gas NORM waste by placing it between plugs in a well that is being
plugged and abandoned, provided that:
(1)
No person may dispose of oil and gas NORM waste at a lease
or unit other than the lease or unit where the oil and gas NORM waste was
generated unless prior to commencement of disposal operations, the surface
owner of the lease or unit where the disposal occurs provides written consent
for the disposal.
(2)
The oil and gas NORM waste shall be placed in the well
at a depth at least 250 feet below the base of usable quality water in compliance
with §3.14 of this title (relating to Plugging).
(3)
If the oil and gas NORM waste is encased in a tubing string,
the tubing shall be:
(A)
placed, not dropped, in the well; and
(B)
left with an assembly that allows ready retrieval, if the
string is not secured in cement.
(4)
A cement plug shall be set immediately above the oil and
gas NORM waste and the plug shall be either:
(A)
above a cement retainer;
(B)
above a cast iron bridge plug; or
(C)
tagged to locate its position.
(5)
The cement of the surface plug shall be color dyed with
red iron oxide.
(6)
A permanent marker that shows the three-bladed radiation
symbol specified in 25 TAC §289.202(z) (relating to Standards for Protection
Against Radiation from Radioactive Material), adopted effective October 1,
2000, without regard to color, shall be welded to the steel plate at the top
of the well casing.
(7)
The operator shall state on Form W-3A, Intent to Plug and
Abandon:
(A)
the physical nature (such as pipe scale, contaminated soil,
basic sediment, equipment, pipe, pumps, or valves) of the oil and gas NORM
waste;
(B)
the volume of oil and gas NORM waste;
(C)
the radioactivity level of the oil and gas NORM waste (in
pCi/g of Radium-226 combined with Radium-228 and any other NORM radionuclides
for soil or other media (such as pipe scale, contaminated soil, basic sediment,
etc.), or in µR/hr for equipment (such as pipes, pumps and valves);
(D)
the operator(s) of the lease, unit, or facility at which
oil and gas NORM waste was generated; and
(E)
the source(s), if known, of the oil and gas NORM waste
by Commission district; field; lease, unit, or facility; and producing formation.
(8)
If the oil and gas NORM waste is encased in tubing, the
operator shall state on Form W-3A, Intent to Plug and Abandon:
(A)
the size, grade, weight per foot, and outside diameter
of the tubing;
(B)
the subsurface depth of both the top and bottom of the
tubing;
(C)
the diameter of the retrieval assembly; and
(D)
whether the tubing is free in the hole or is secured by
cement, a bridge plug, or a cement retainer.
(9)
The operator shall submit Form W-3A to the Commission's
district office for the location of the oil and gas NORM waste disposal site.
(c)
Burial. Except as otherwise provided in this subsection,
a person may dispose of oil and gas NORM waste by burial at the same site
where the oil and gas NORM waste was generated, provided that, prior to burial,
the oil and gas NORM waste has been treated or processed such that the radioactivity
concentration does not exceed 30 pCi/g Radium-226 combined with Radium-228
or 150 pCi/g of any other NORM radionuclide within the treated or processed
waste. Such treatment or processing, if it occurs at the disposal site, is
considered to fall within the definition of disposal because it is necessary
to facilitate disposal. This subsection does not authorize any person to bury
NORM-contaminated equipment.
(d)
Landfarming. A person may dispose of oil and gas NORM waste
at the same site where the oil and gas NORM waste was generated by applying
it to and mixing it with the land surface, provided that after such application
and mixing the radioactivity concentration in the area where the oil and gas
NORM waste was applied and mixed does not exceed 30 pCi/g Radium-226 combined
with Radium-228 or 150 pCi/g of any other radionuclide.
(e)
Disposal at a licensed facility. A person may dispose of
oil and gas NORM waste at a facility that has been licensed by the United
States Nuclear Regulatory Commission, the State of Texas, or another state
if such facility is authorized under its license to receive and dispose of
such waste.
(f)
Injection. Injection of oil and gas NORM waste that meets
exemption criteria of 25 TAC §289.259 (relating to Licensing of Naturally
Occurring Radioactive Materials (NORM)), as a result of treatment or processing
at a facility licensed by the TDH (hereinafter referred to as a "specifically
licensed facility") into a well permitted under §3.9 of this title (relating
to Disposal Wells) is authorized under this section, provided that the requirements
of this subsection are met.
(1)
Prior to injecting treated or processed oil and gas NORM
waste, the operator of the injection well shall notify the Commission in writing
that the operator plans to inject oil and gas NORM waste that meets the exemption
criteria of 25 TAC §289.259 as a result of treatment or processing at
a specifically licensed facility. The operator shall include a copy of the
TDH license for each facility where oil and gas NORM waste that will be injected
is treated or processed in order to meet the exemption criteria of 25 TAC §289.259.
(2)
Prior to injecting oil and gas NORM waste that has been
treated or processed to meet the exemption criteria of 25 TAC §289.259,
the injection well operator shall verify that the waste meets the exemption
criteria by obtaining from the specifically licensed facility documentation
regarding NORM surveys or other analyses conducted to ensure that the treated
or processed oil and gas NORM waste meets the exemption criteria of 25 TAC §289.259.
§4.617.Permit for Injection.
(a)
Applicability. With the exceptions of produced water and
oil and gas NORM waste that meets the exemption criteria of 25 TAC §289.259
(relating to Licensing of Naturally Occurring Radioactive Material (NORM))
as a result of treatment or processing at a facility specifically licensed
by the TDH, no person may dispose of oil and gas NORM waste by injection into
a well without a permit issued under §3.9 of this title (relating to
Disposal Wells) that specifically allows disposal of oil and gas NORM waste.
The provisions of this section apply in the case of oil and gas NORM waste
disposal permits issued under §3.9.
(b)
Standards for permit issuance. The Commission shall issue
a permit to dispose of oil and gas NORM waste under §3.9 of this title
(relating to Disposal Wells) only if the Commission determines that the subject
oil and gas NORM waste will be disposed of in a manner that protects public
health, safety, and the environment. Any permit to dispose of oil and gas
NORM waste issued pursuant to §3.9 shall contain construction and operating
requirements that are reasonably necessary to protect public health, safety,
and the environment.
(c)
NORM information. In addition to the application requirements
of §3.9 of this title (relating to Disposal Wells), an applicant for
a permit to inject oil and gas NORM waste shall include the information specified
in this subsection. The Commission may require the applicant to provide any
such additional information as may be necessary to show that the proposed
disposal protects public health, safety, and the environment.
(1)
The applicant shall describe the physical nature (such
as pipe scale, contaminated soil, or basic sediment) of the oil and gas NORM
waste to be disposed of;
(2)
The applicant shall state the total volume of oil and gas
NORM waste to be disposed of or the proposed rate of oil and gas NORM waste
disposal; and
(3)
The applicant shall state the maximum measured radioactivity
level of the oil and gas NORM waste (in pCi/g of Radium-226 combined with
Radium-228, and any other NORM radionuclide) that will be disposed of.
(d)
Notice requirements. An applicant for a permit to inject
oil and gas NORM waste under §3.9 of this title (relating to Disposal
Wells) shall provide notice as required in that section and shall include
in such notice the information required in subsection (c) of this section.
§4.620.Permit for Surface Disposal.
(a)
Applicability. Except in the case of onsite disposal that
meets the requirements of §4.614(c) and (d) of this title (relating to
Authorized Disposal Methods), no person may dispose of oil and gas NORM waste
by burying it or by applying it to and mixing it with the land surface without
first obtaining a permit under §3.8 of this title (relating to Water
Protection). The provisions of this section apply in the case of permits for
such surface or near-surface disposal methods.
(b)
Standards for permit issuance. The Commission shall issue
a permit to dispose of oil and gas NORM waste under §3.8 of this title
(relating to Water Protection) only if the Commission determines that the
subject oil and gas NORM waste will be disposed of in a manner that protects
public health, safety, and the environment. Any permit to dispose of oil and
gas NORM waste issued pursuant to §3.8 shall contain construction and
operating requirements that are reasonably necessary to protect public health,
safety, and the environment. In addition, the Commission shall issue a permit
for burial of oil and gas NORM waste only if, prior to burial, the oil and
gas NORM waste has been treated or processed so that the radioactivity concentration
does not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g
of any other NORM radionuclide. The Commission shall issue a permit to dispose
of oil and gas NORM waste by applying it to and mixing it with the land surface
only if, after such application and mixing, the radioactivity concentration
in the area where the oil and gas NORM waste was applied and mixed will not
exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other
NORM radionuclide.
(c)
NORM information. In addition to the application requirements
of §3.8 of this title (relating to Water Protection), an applicant for
surface or near-surface disposal of oil and gas NORM waste shall include the
information specified in this paragraph. The Commission may require the applicant
to provide any such additional information as may be necessary to show that
the proposed disposal will protect public health, safety, and the environment.
(1)
The applicant shall describe the physical nature (such
as pipe scale, contaminated soil, basic sediment) of the oil and gas NORM
waste to be disposed of.
(2)
The applicant shall state the total volume of oil and gas
NORM waste to be disposed of or the proposed rate of oil and gas NORM waste
disposal.
(3)
If the oil and gas NORM waste has been treated or processed
to reduce the radioactivity concentration under a specific license issued
by the TDH, the applicant shall state the maximum measured radioactivity level
(in pCi/g of Radium-226 combined with Radium-228 for soil or other media such
as pipe scale, contaminated soil, basic sediment, etc.). If the oil and gas
NORM waste will be treated or processed at the disposal site to reduce the
radioactivity concentration, the applicant shall state the maximum measured
radioactivity level (in pCi/g of Radium-226 combined with Radium-228, and
any other NORM radionuclide, for soil or other media such as pipe scale, contaminated
soil, basic sediment, etc.
(4)
The applicant shall include the background radioactivity
concentration (in pCi/g of Radium-226 combined with Radium-228) of the disposal
area.
(5)
The applicant shall describe all methods to be used to
control dust from the oil and gas NORM waste during disposal.
(6)
The applicant shall include written authorization from
the surface owner, if different from the applicant, for disposal of oil and
gas NORM waste on the surface owner's property.
(d)
Notice requirements. The applicant shall give notice of
an application for a permit to dispose of oil and gas NORM waste under this
section as required in §3.8 of this title (relating to Water Protection)
and such notice shall include the information required in subsection (c)(1)
- (5) of this section.
§4.626.Recordkeeping.
(a)
Retention period. A person shall retain current records
relating to the radiation exposure levels of equipment and the disposal of
oil and gas NORM waste for at least five years. Such records shall include
the information specified in this section and in §4.605 of this title
(relating to Identification of Oil and Gas Equipment Contaminated with NORM).
(b)
Equipment. The owner or operator of the lease, unit, or
facility shall maintain records of the radiation exposure levels of equipment,
the date the exposure levels were determined, and the location and identification
of the equipment.
(c)
Waste generation. The operator of the lease, unit, or facility
at which oil and gas NORM waste was generated shall maintain records that
include:
(1)
the identity of the property where the oil and gas NORM
waste was generated, including the Commission district; field; lease, unit,
or facility; and producing formation, if known;
(2)
the identity of the facility, site, or well where the oil
and gas NORM waste was disposed of;
(3)
the physical nature (such as pipe scale, contaminated soil,
basic sediment, or equipment) of the oil and gas NORM waste;
(4)
the volume of oil and gas NORM waste the person disposed
of at that facility, site, or well; and
(5)
the radioactivity level(s) of the oil and gas NORM waste
(in pCi/g of Radium-226 combined with Radium-228 and any other NORM radionuclide
for soil and other media such as pipe scale, contaminated soil, basic sediment,
etc., or in µR/hr for equipment).
(d)
Disposal. Each person who disposes of oil and gas NORM
waste shall maintain records that include the identity of the operator of
the lease, unit, or facility at which the oil and gas NORM was generated and
the information required under subsection (b) or (c) of this section.
(e)
Extension during investigation. Each operator shall retain
any documents or records that contain information pertinent to the resolution
of any pending Commission enforcement proceeding beyond any time period specified
in this subchapter until the resolution of the proceeding.
(f)
Examination and reporting. Any person who keeps records
required by this subchapter shall make the records available for examination
and copying by the Commission during reasonable working hours. Upon request
of the Commission, the person who keeps the records shall file such records
with the Commission.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 11, 2003.
TRD-200301020
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Effective date: March 3, 2003
Proposal publication date: August 23, 2002
For further information, please call: (512) 475-1295
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter H. ELECTRICAL PLANNING
Chapter 4.
ENVIRONMENTAL PROTECTION
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS