Part 1.
DEPARTMENT OF STATE HEALTH SERVICES
Chapter 289.
RADIATION CONTROL
Subchapter D. GENERAL
25 TAC §289.202
The Executive Commissioner of the Health and Human Services
Commission (commission), on behalf of the Department of State Health Services
(department), adopts an amendment to §289.202, concerning standards for
protection against radiation from radioactive materials without changes to
the proposed text as published in the September 16, 2005, issue of the Texas Registeri
(30 TexReg 5914) and, therefore,
the section will not be republished.
BACKGROUND AND PURPOSE
The amendment adds respiratory protection definitions and requirements
that are designated as compatibility items by the United States Nuclear Regulatory
Commission (NRC) and because Texas is an Agreement State, these items must
be adopted. The Department of State Health Services is created in Health and
Safety Code Chapter 1001; therefore, the amendment changes the department
name from "Texas Department of Health" to "Texas Department of State Health
Services" on the forms applicable to this section. In addition, the amendment
corrects references and language inconsistencies with the Texas Administrative
Code. This amendment is part of the department's continuing effort to update,
clarify, and simplify its rules regarding the control of radiation based upon
technological advances, public concerns, legislative directives, or other
factors.
SECTION-BY-SECTION SUMMARY
The amendment to subsection (c) adds definitions concerning respiratory
protection to clarify respiratory protection requirements. These definitions
are items of compatibility with NRC. The word "registrant" is changed to "person"
in the definition of dosimetry processor because dosimetry processors are
no longer registered by the department. They are required to be certified
by the National Voluntary Laboratory Accreditation Program, so it is unnecessary
to also require them to register with the department. In addition, several
definitions are revised to correct text inconsistencies with the Texas Administrative
Code. The department added language to subsection (e)(3) and (5), concerning
radiation protection programs (RPP), to clarify that review and implementation
of the RPP must include a reevaluation of assessments made by the licensee
to determine if individual monitoring is required.
The amendment revises and/or adds new requirements for subsections (f)(1)(B)
and (f)(1)(B)(ii), (f)(3) and (4), and (r)(1)(D) to provide technical clarification
of the shallow dose equivalent. Subsection (v) is amended to add "decontamination"
because licensees should consider decontamination to reduce resuspension of
radioactive material in the workplace as a means of controlling internal dose
instead of using respirators. Subsection (w)(2) is added to allow the licensee
to consider safety factors other than radiological factors when determining
whether respirators should be used to keep the radiation dose as low as reasonably
achievable. Subsection (x)(1)(A) - (B) is amended to delete obsolete references
to extensions of certification and the Mine Safety and Health Administration.
All such extensions have expired. The amendment revises or adds subsection
(x)(1)(C)(i) and (iii) - (vi), new (x)(1)(E) - (I), and new (x)(2), (y)(2),
and (ggg)(1) concerning respiratory protection. The revisions make the requirements
consistent with the philosophy of controlling the sum of internal and external
radiation exposure, reflect current guidance on respiratory protection from
the American National Standards Institute, and are consistent with the Occupational
Safety and Health Administration's respiratory protection rule. The revisions
ensure worker dose will be maintained as low as reasonably achievable. The
above revisions are items of compatibility with the NRC.
Subsection (p)(3)(C) has been revised because the department no longer
registers dosimetry processors. New subsection (p)(4), relating to general
surveys and monitoring, is added to ensure that the personnel monitoring devices
can withstand the environment in which they are used, for example, extreme
hot, cold, wet, etc. The department adds language to subsection (ff)(1)(B)
to recognize an existing requirement in §289.256 of this title (relating
to Medical and Veterinary Use of Radioactive Material) that allows radioactive
material with a half-life less than 65 days to be held in storage for decay
and then disposed of without regard to its radioactivity. The amendment revised
subsection (ff)(2) by changing "Texas Natural Resource Conservation Commission"
to "Texas Commission on Environmental Quality" to reflect the new department
name. The amendment adds language to subsection (fff)(4) to clarify the intent
to exclude those licensed in accordance with §289.254 of this title from
using the provisions of this paragraph. Subsection (ggg)(5) is revised to
change "TRC Form 21-2" to "BRC Form 202-2" and "TRC Form 21-3" to "BRC Form
202-3" to state the correct form number. Subsection (ggg)(8) is revised to
change the reference "subsection (ddd)" to "subsection (eee)" to state the
correct reference. The department name is changed from "Texas Department of
Health/Bureau of Radiation Control" to "Texas Department of State Health Services/Radiation
Control" on both forms for subsections (ggg)(9) and (10) to reflect the new
department name. Subsection (ggg)(10), item 10B of the instructions, deletes
the words "as listed in Appendix B to Part D (D, W, Y, V, or O for other)"
and replaces them with "subsection (ggg)(2)(F) of this section" to state the
correct reference citation. The amendment revises several subsections to correct
text inconsistencies with the Texas Administrative Code. Other minor grammatical
changes and reference citations are corrected throughout the section for clarification.
COMMENTS
The department, on behalf of the commission, has reviewed and prepared
responses to the comments received regarding the proposed amendment during
the comment period, which the commission has reviewed and accepts. The commenter
was Shell, Chemical LP. The commenter was not against the rules in their entirety;
however, the commenter suggested a recommendation for change as discussed
in the summary of comments.
Comment: Concerning the section in general, the commenter asked if it is
possible to remove a good deal of the proposed verbiage on respirators by
using words similar to the following; "Respirator users shall comply with
all provisions specified in 29 CFR §1910.130, the Occupational Safety
and Health Administration (OSHA) Respiratory Protection Standard." The commenter
adds that virtually all occupational users of respirator must comply with
this regulation. According to the commenter, for rescue teams and standby
rescue, OSHA requires two-people on standby for each two people entering an
emergency situation and states that this regulation should apply to all occupational
rescuers/emergency responders. The individual adds that volunteer response
organizations routinely comply with these regulations as they are best practice
and then asks if this can be construed as immediately available rescue and
additionally states that this would apply only to emergencies. The commenter
states that OSHA regulations require a hole watch for confined space entrance
and that a rescue team be readily available which is different than immediately
available for rescue. According to the commenter, immediately is defined as
the team geared out and ready to go which the commenter expresses would put
an undue burden on most industries as the company would be paying for 6 people
to stand around and do nothing, because most of the time their services will
not be required. In addition, the individual states that most sites ventilate
confined spaces to remove chemical dangers, so the need for immediate availability
is lessened. The commenter further adds that as for employees running out
of air while working in a respirator, the self-contained breathing apparatus
(SCBA) is equipped with alarms to warn the user that they need to leave the
area because of low air supply and airline respirators have the same type
of alarms. Additionally, a hip bottle can be part of the airline respirator
equipment to provide additional air should the worker need it or to allow
the worker to egress from a unit under conditions in which egress from the
unit following the airline out is not possible (usually a fire type situation).
An employee whose job is to observe air bottle supply is part of the airline
respirator use procedure. In many instances there is a backup worker wearing
SCBA to provide rescue/assistance should there be a mishap.
To conclude, the commenter recommends that the commission be very careful
about how regulations are worded involving rescue capability and what can
be inferred from the wording about how rescue capability is provided because
companies may be unintentionally caused to spend resources needlessly.
Response: The commission disagrees with the comments. The respiratory protection
definitions and requirements being added are designated as compatibility items
by the NRC and, because Texas is an Agreement State, these items must be adopted.
No changes were made to the rule as a result of the comments.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The amendment is adopted under the Health and Safety Code, §401.051,
which provides the Executive Commissioner of the Health and Human Services
Commission with authority to adopt rules and guidelines relating to the control
of radiation; and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies for the operation and provision of
health and human services by the department and for the administration of
Health and Safety Code, Chapter 1001.
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 March 9, 2006.
TRD-200601541
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: March 29, 2006
Proposal publication date: September 16, 2005
For further information, please call: (512) 458-7111 x6972
25 TAC §289.253
The Executive Commissioner of the Health and Human Services
Commission (commission), on behalf of the Department of State Health Services
(department), adopts the amendment to §289.253, concerning radiation
safety requirements for well logging service operations and tracer studies.
The amendment to §289.253 is adopted with changes to the proposed text
as published in the September 16, 2005, issue of the
Texas Register
(30 TexReg 5921).
BACKGROUND AND PURPOSE
The amendment is the result of a petition for rulemaking filed by a licensee
and a subsequent agreement by the department to amend the rules to allow an
alternate method for discarding short lived radioactive tracer materials used
in oil and gas well fracturing procedures. Because this involves Class II
disposal wells that are under the jurisdiction of the Texas Railroad Commission
(RRC), the RRC's input and coordination has been obtained in formulating the
rule amendment. A subsection on security has been amended for compatibility
with the United States Nuclear Regulatory Commission (NRC) and, because Texas
is an agreement state with NRC, this item must be adopted. The Department
of State Health Services was created in Health and Safety Code, Chapter 1001;
therefore, the amendment changes the department name from "Texas Department
of Health" to "Department of State Health Services" in the text. The amendment
is part of the department's continuing effort to update, clarify, and simplify
its rules regarding the control of radiation based upon technological advances,
public concerns, legislative directives, or other factors.
SECTION-BY-SECTION SUMMARY
The words "licensees and registrants" were changed to "persons" in subsection
(b) to clarify the intent that the rule applies to all persons who use sources
of radiation and not just licensees and registrants. A definition of screenout
is added in subsection (c) to clarify requirements relating to oil and gas
well returns. The definition of wireline service operation is revised to clarify
that an electronic service, as well as a mechanical service, may be performed
in the wellbore. Language is added to subsection (d)(2)(A) to clarify which
referenced rule applies to personnel and which rule applies to equipment.
In subsection (d)(2)(C)(i), language is added to clarify that in the event
of a screenout, material must be reversed into a preconstructed steel or lined
pit. Subsection (s) concerning security at temporary job sites is revised
to be consistent with NRC rules that are items of compatibility. Subsection
(u) is amended to allow the injection of oil and gas well returns containing
radioactive material into Class II disposal wells that have been approved
to accept non-hazardous oil and gas waste by the RRC. In addition, language
is added that requires the well operator to notify the licensee when a decision
is made to reverse the radioactive tracer material out of a well. The requirement
also states that the licensee shall be onsite and present at the well when
radioactive tracer material is reversed out of the well. The department changed
the agency name from "Texas Department of Health/Bureau of Radiation Control"
to "Department of State Health Services/Radiation Control" to state the new
department name in the text in subsection (cc)(6)(B)(viii)(III). In the plaque
example in subsection (dd)(3), the department changed the agency name from
"Texas Department of Health/Bureau of Radiation Control" to "Texas Department
of State Health Services/Radiation Control." Other minor grammatical changes
are made and reference citations are corrected for clarification.
COMMENTS
The department, on behalf of the commission, has reviewed and prepared
a response to the comment received regarding the proposed rule during the
comment period, which the commission has reviewed and accepts. The commenter
was Radiation Consultants, Inc. The commenter was neither for nor against
the rule in its entirety; however, the commenter suggested recommendations
for change as discussed in the summary of comments.
Comment: Concerning §289.253(h)(1), the commenter questioned the acceptable
range on survey instruments and asked if consideration had been given to making
the change to require instruments to be capable of measuring up to at least
200 milliroentgens per hour (mR/hr) as opposed to the current 50 mR/hr required
by rule.
Response: The commission acknowledges the comment. However, the specified
acceptable range on survey instruments, up to 50 mR, is consistent with current
NRC requirements and is an item of compatibility. No change was made as a
result of the comment.
The department staff, on behalf of the commission, provided comments and
the commission has reviewed and agrees to the following changes that will
clarify the intent and improve the accuracy of the section.
Change: Concerning §289.253(c)(23), the department added commas to
the phrase "containing one or more electrical conductors" in the definition
of "Wireline."
Change: Concerning §289.253(d)(2)(A), the department revised the subparagraph
by adding the word "respectively" at the end of the sentence to clarify which
referenced rule applies to personnel and which rule applies to equipment.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Cathy Campbell,
certifies that the adoption has been reviewed by legal counsel and found to
be within the state agencies' authority to adopt.
STATUTORY AUTHORITY
The amendment is adopted under Health and Safety Code, §401.051, which
provides the Executive Commissioner of the Health and Human Services Commission
with authority to adopt rules and guidelines relating to the control of radiation;
and Government Code, §531.0055, and Health and Safety Code, §1001.075,
which authorize the Executive Commissioner of the Health and Human Services
Commission to adopt rules and policies necessary for the operation and provision
of health and human services by the department and for the administration
of Health and Safety Code, Chapter 1001.
§289.253.Radiation Safety Requirements for Well Logging Service Operations and Tracer Studies.
(a)
Purpose. This section establishes radiation safety requirements
for persons using sources of radiation for well logging service operations,
including radioactive markers, mineral exploration and tracer studies.
(b)
Scope. This section applies to all persons who use sources
of radiation for well logging service operations, radioactive markers, mineral
exploration and tracer studies. In addition to the requirements of this section,
persons are subject to the requirements of §289.201 of this title (relating
to General Provisions for Radioactive Material), §289.202 of this title
(relating to Standards for Protection Against Radiation from Radioactive Material), §289.203
of this title (relating to Notices, Instructions, and Reports to Workers;
Inspections), §289.204 of this title (relating to Fees for Certificates
of Registration, Radioactive Material Licenses, Emergency Planning and Implementation,
and Other Regulatory Services), §289.205 of this title (relating to Hearing
and Enforcement Procedures), §289.226 of this title (relating to Registration
of Radiation Machine Use and Services), §289.229 of this title (relating
to Radiation Safety Requirements for Accelerators, Therapeutic Radiation Machines,
and Simulators), §289.231 of this title (relating to General Provisions
and Standards for Protection Against Machine-Produced Radiation), §289.252
of this title (relating to Licensing of Radioactive Material), and §289.257
of this title (relating to Packaging and Transportation of Radioactive Material).
(c)
Definitions. The following words and terms when used in
this section shall have the following meaning unless the context clearly indicates
otherwise.
(1)
Energy compensation source (ECS)--A small sealed source
with an activity not exceeding 100 microcurie (µCi) (3.7 megabecquerel
(MBq)), used within a logging tool or other tool components, to provide a
reference standard to maintain the tool's calibration when in use.
(2)
Field station (additional authorized use/storage location)--A
facility where sources of radiation may be stored or used and from which equipment
is dispatched to temporary job sites.
(3)
Injection tool--A device used for subsurface or downhole
controlled injection of radioactive tracer material.
(4)
Logging assistant (equipment operator)--Any individual
who, under the personal supervision of a logging supervisor, handles sealed
sources or tracers that are not in logging tools or shipping containers or
who performs surveys required by subsection (aa) of this section.
(5)
Logging supervisor (field engineer)--The individual who
provides personal supervision of the use of sources of radiation at temporary
job sites.
(6)
Logging tool--A device used subsurface to perform well
logging.
(7)
Mineral logging--Any logging performed for the purpose
of mineral exploration other than oil or gas.
(8)
Personal supervision--Guidance and instruction by the supervisor,
who is physically present at the job site and in such proximity that visual
contact can be maintained and immediate assistance given as required.
(9)
Radiation safety officer--An individual named by the licensee
or registrant and listed on the license or certificate of registration who
has a knowledge of, responsibility for, and authority to enforce appropriate
radiation protection rules, standards, and practices on behalf of the licensee
and/or registrant; and who meets the requirements of subsection (r) of this
section.
(10)
Radioactive marker--Radioactive material placed subsurface
or upon a structure intended for subsurface use for the purpose of depth determination
or direction orientation.
(11)
Residential location--Any area where structures in which
people lodge or live are located, and the grounds on which these structures
are located including, but not limited to, houses, apartments, condominiums,
and garages.
(12)
Screenout--A situation in which radioactive tracer material
is reversed out of an oil or gas well (well returns).
(13)
Service company--Any contracted or subcontracted company
that is present at the temporary job site, specifically, that company to which
the licensee's equipment is connected and that is exposed to radioactive material.
(14)
Source holder--A housing or assembly into which a radioactive
source is placed for the purpose of facilitating the handling and use of the
source.
(15)
Storage container--A container designed to provide radiation
safety and security when sources of radiation are being stored.
(16)
Temporary job site--A location where well logging or tracer
studies are performed other than the specific location(s) listed on a license
or certificate of registration.
(17)
Tracer study--The release of a substance tagged with radioactive
material for the purpose of tracing the movement or position of the tagged
substance in the wellbore, at the wellhead, or adjacent formation.
(18)
Transport container--A container that meets the requirements
of the United States Department of Transportation (DOT) and is designed to
provide radiation safety and security when sources of radiation are being
transported.
(19)
Tritium neutron generator target source--A tritium source
used within a neutron generator tube to produce neutrons for use in well logging
applications.
(20)
Uranium sinker bar--A weight containing depleted uranium
used to aid in the descent of a logging tool down toward the bottom of a wellbore.
(21)
Wellbore--A drilled hole in which wireline service operations
are performed.
(22)
Well logging--All operations involving the lowering and
raising of measuring devices or logging tools (that may or may not contain
sources of radiation) into wellbores or cavities for the purpose of obtaining
information about the well and/or adjacent formations.
(23)
Wireline--An armored steel cable, containing one or more
electrical conductors, used to lower and raise logging tools in the wellbore.
(24)
Wireline service operation--Any mechanical or electronic
service that is performed in the wellbore using devices that are lowered into
the well on a wireline for purposes of evaluation.
(d)
Prohibitions.
(1)
No licensee shall perform well logging service operations
with a sealed source(s) in any well or wellbore unless, prior to commencement
of the operation, the licensee has a written agreement with the well operator,
well owner, drilling contractor, or land owner that specifies who will be
responsible for ensuring the following requirements are met:
(A)
a reasonable effort at recovery will be made in the event
a sealed source is lost or lodged downhole;
(B)
a person shall not attempt to recover a sealed source in
a manner that, in the licensee's opinion, could result in a source rupture;
(C)
in the event the environment, any equipment, or personnel
are contaminated with radioactive material, decontamination to levels specified
in §289.202(f), (n), and (eee) of this title shall be performed; and
(D)
the requirements of subsection (cc)(4) of this section
shall be met in the event a decision is made to abandon the sealed source
downhole.
(2)
No licensee shall perform tracer study operations with
a substance tagged with radioactive material in any well or wellbore unless,
prior to commencement of the operation, the licensee has a written agreement
with the well operator, well owner, drilling contractor or land owner, and
the service company to which the licensee's equipment is connected, as applicable,
that specifies who will be responsible for ensuring the following requirements
are met:
(A)
in the event the service company's personnel or equipment
are contaminated with radioactive material, they shall be decontaminated in
accordance with §289.202(n) or (ddd) of this title before release from
the job site or release for unrestricted use, respectively;
(B)
in the event the well head or job site is contaminated
with radioactive material, it shall be decontaminated in accordance with §289.202(ddd)
of this title; and
(C)
in the event radioactive material is to be reversed from
the well or the well screens out, the licensee shall have established procedures
and equipment or facilities to do the following:
(i)
reverse material into a preconstructed steel or lined pit
that is specifically established in the event of a screen out; or
(ii)
reverse material into suitable transport container(s)
in the event of a screen out.
(3)
The licensee shall maintain, in accordance with subsection
(dd)(5) of this section, a copy of the written agreement specified in paragraph
(1) or (2) of this subsection.
(e)
Limits on levels of radiation. Sources of radiation shall
be used, stored, and transported in such a manner that the requirements of §289.202
of this title, §289.231 of this title, and §289.257 of this title,
as applicable, are met.
(f)
Storage precautions.
(1)
Each source of radiation, except accelerators, shall be
provided with a storage and/or transport container. Each container shall have
a lock (or tamper seal for calibration sources) to prevent unauthorized removal
of, or exposure to, the source of radiation.
(2)
Each area or room in which sources of radiation are stored
shall be posted in accordance with §289.202(aa)(5) or §289.231(x)
of this title, as applicable.
(3)
Sources of radiation, except accelerators, shall be stored
downhole or in a bunker in order to minimize the danger from explosion and/or
fire.
(4)
Sources of radiation may not be stored in residential locations.
This section does not apply to storage of radioactive material in a vehicle
in transit for use at temporary job sites, if the licensee complies with subsection
(aa)(2) of this section.
(5)
Sources of radiation in storage shall be secured to prevent
tampering, or removal by unauthorized individuals.
(g)
Transport precautions. Transport containers shall be locked
and physically secured to the transporting vehicle to prevent shifting during
transport, accidental loss, tampering, or unauthorized removal.
(h)
Radiation survey instruments.
(1)
The licensee or registrant shall maintain a sufficient
number of calibrated and operable radiation survey instruments at each location
where sources of radiation are stored or used to make physical radiation surveys
as required by this section and by §289.202(p) or §289.231(s), of
this title, as applicable. Instrumentation shall be capable of measuring 0.1
milliroentgen per hour (mR/hr) (1 microsievert per hour (µSv/hr)) through
at least 50 mR/hr (500 µSv/hr). (Instrumentation capable of measuring
0.1 mR/hr (1 µSv/hr) through 50 mR/hr (500 µSv/hr) may not be
sufficient to determine compliance with DOT requirements.)
(2)
A licensee using tracer material shall have available at
each additional authorized use/storage location and temporary job site additional
calibrated and operable radiation survey instruments sensitive enough to detect
the radioactive surface contamination limits specified in §289.202(eee)
of this title.
(3)
Each radiation survey instrument shall be calibrated:
(A)
by a person specifically licensed or registered by the
agency, another agreement state or licensing state or the United States Nuclear
Regulatory Commission (NRC) to perform such service;
(B)
at intervals not to exceed six months and after each survey
instrument repair;
(C)
for the types of radiation used and at energies appropriate
for use; and
(D)
at an accuracy within ±20% of the true radiation
level at each calibration point.
(4)
The licensee or registrant shall maintain calibration records
in accordance with subsection (dd)(5) of this section.
(i)
Leak testing of sealed sources.
(1)
Testing and record keeping. Sealed sources shall be tested
for leakage and contamination in accordance with this section and §289.201(g)
of this title. The licensee shall maintain records of leak tests in accordance
with subsection (dd)(5) of this section.
(2)
Each energy compensation source that is not exempt from
testing in accordance with §289.201(g)(2) of this title must be tested
at intervals not to exceed three years. In the absence of a certificate from
a transferor that a test has been made within the three years before the transfer,
the energy compensation source may not be used until tested in accordance
with §289.201(g) of this title.
(3)
If a sealed source is found to be leaking in accordance
with §289.201(g) of this title, the licensee shall check the equipment
associated with the leaking source for radioactive contamination and, if contaminated,
have it decontaminated or disposed of by persons specifically authorized by
the agency, the NRC, an agreement state, or a licensing state, to perform
such services.
(j)
Quarterly inventory. Each licensee or registrant shall
conduct a physical inventory to account for all sources of radiation received
or possessed at intervals not to exceed three months. The licensee or registrant
shall make and maintain records of inventories in accordance with subsection
(dd)(5) of this section and shall include the following:
(1)
the quantities and kinds of sources of radiation;
(2)
the location where sources of radiation are assigned;
(3)
a unique identification of each source of radiation;
(4)
the date of the inventory; and
(5)
the name of the individual conducting the inventory.
(k)
Utilization records. Utilization records shall be maintained
by each licensee or registrant in accordance with subsection (dd)(5) of this
section and shall include the following information for each source of radiation:
(1)
identification of each source of radiation to include:
(A)
the make and model number and/or serial number (or if absent,
a description) of each sealed source used; or
(B)
the radionuclide and activity of tracer materials and radioactive
markers used at a particular well site and the disposition of any unused tracer
materials.
(2)
the identity of the logging supervisor or individual who
is responsible for receiving sources of radiation, to whom assigned; and
(3)
the locations where used and dates of use.
(l)
Design and performance criteria for sealed sources used
in well logging operations.
(1)
Each sealed source used in well logging applications shall
meet the following minimum criteria.
(A)
The sealed source is of doubly encapsulated construction.
(B)
The sealed source contains radioactive material with a
chemical/physical form as insoluble and nondispersible as practicable.
(C)
The sealed source meets one of the following requirements:
(i)
for a sealed source manufactured on or before July 14,
1989, the requirements from the United States of America Standards Institute
(USASI) N5.10-1968, "Classification of Sealed Radioactive Sources," or the
requirements in clause (ii) or (iii) of this subparagraph;
(ii)
for a sealed source manufactured after July 14, 1989,
the oil-well logging requirements from the American National Standard Institute/Health
Physics Society (ANSI/HPS) N43.6-1997, "Sealed Radioactive Sources-Classification;"
or
(iii)
for a sealed source manufactured after July 14, 1989,
the sealed source's prototype has been tested and found to maintain its integrity
after each of the following tests:
(I)
Temperature. The test source shall be held at -40 degrees
Celsius for 20 minutes, 600 degrees Celsius for one hour, and then be subjected
to a thermal shock test with a temperature drop from 600 degrees Celsius to
20 degrees Celsius within 15 seconds.
(II)
Impact. A 5 kilogram (kg) steel hammer, 2.5 centimeters
(cm) in diameter, shall be dropped from a height of 1 meter (m) onto the test
source.
(III)
Vibration. The test source shall be subjected to a vibration
from 25 Hertz (Hz) to 500 Hz with a peak amplitude of five times the acceleration
of gravity for 30 minutes.
(IV)
Puncture. A 1 gram (gm) hammer and pin, 0.3 cm pin diameter,
shall be dropped from a height of 1 m onto the test source.
(V)
Pressure. The test source shall be subjected to an external
pressure of 24,600 pounds per square inch absolute (1.695 x 10
7
pascals) without leakage.
(2)
The requirements in paragraph (1) of this subsection do
not apply to sealed sources that contain radioactive material in gaseous form.
(3)
The requirements in this subsection do not apply to energy
compensation sources.
(m)
Labeling.
(1)
Each source, source holder, or logging tool containing
radioactive material in other than an exempt quantity, shall bear a durable,
legible, and clearly visible marking or label that has, as a minimum, the
standard radiation caution symbol with no color requirement, and the wording
DANGER (or CAUTION), RADIOACTIVE--DO NOT HANDLE, NOTIFY CIVIL AUTHORITIES
(OR NAME OF COMPANY).
(2)
The labeling specified in paragraph (1) of this subsection
shall be on the smallest component, source, source holder, or logging tool,
that is transported as a separate piece of equipment.
(3)
Each transport container shall have permanently attached
to it a durable, legible, and clearly visible label that has, as a minimum,
the standard radiation caution symbol and the wording DANGER (or CAUTION),
RADIOACTIVE, NOTIFY CIVIL AUTHORITIES (OR NAME OF COMPANY).
(4)
Each transport container shall have attached to it a durable,
legible, and clearly visible label(s) that has, as a minimum, the licensee's
name, address, and telephone number, the radionuclide, its activity, and assay
date.
(n)
Inspection and maintenance.
(1)
Each licensee or registrant shall conduct, at intervals
not to exceed six months, a program of visual inspection and maintenance of
source holders (or sealed source, if there is no source holder), logging tools,
source handling tools, storage containers, transport containers, and injection
tools to assure proper labeling and physical condition. The inspection program
may be performed concurrently with routine leak testing of sealed sources.
Records of inspection and maintenance shall be made and maintained by the
licensee or registrant in accordance with subsection (dd)(5) of this section.
(2)
If any inspection conducted in accordance with paragraph
(1) of this subsection reveals damage to labeling or components critical to
radiation safety, the device shall be removed from service at the time the
damage is discovered and until repairs have been made.
(3)
Any operation, such as drilling, cutting, or chiseling
on a source holder containing a sealed source, shall be performed on the source
holder only by persons specifically licensed to do so by the agency, another
agreement or licensing state, or the NRC. The provisions of this paragraph
do not apply to logging tool recovery (fishing) operations conducted in accordance
with the provisions of subsection (cc)(4) of this section.
(4)
The repair, opening, or modification of any sealed source
shall be performed only by persons specifically licensed to do so by the agency,
another agreement or licensing state, or the NRC.
(o)
Training requirements.
(1)
No licensee or registrant shall permit any individual to
act as a logging supervisor until such individual has met the following requirements:
(A)
successfully completed an agency-accepted course or a course
recognized by another agreement or licensing state, or the NRC, including
at least 24 hours of formal training in the subjects outlined in subsection
(dd)(1) of this section;
(B)
received copies of and instruction in the following:
(i)
the requirements contained in this section and the applicable
subsections of §§289.201, 289.202, 289.203, and 289.231 of this
title or their equivalent;
(ii)
the conditions of the appropriate license or certificate
of registration; and
(iii)
the licensee's or registrant's operating, safety, and
emergency procedures;
(C)
demonstrated understanding of the requirements in subparagraphs
(A) and (B) of this paragraph by successfully completing a written examination
administered by the licensee or registrant;
(D)
completed two months of on-the-job training under the supervision
of a logging supervisor; and
(E)
demonstrated through a field evaluation, competence in
the use of sources of radiation, related handling tools, and the type of radiation
survey instruments that will be used in the job assignment.
(2)
No licensee or registrant shall permit any individual to
act as a logging assistant until such individual has met the following requirements:
(A)
received copies of and instruction in the applicable subsections
of §§289.201, 289.202, 289.203, and 289.231 of this title or their
equivalent, and the licensee's or registrant's operating, safety, and emergency
procedures;
(B)
demonstrated understanding of the requirements in subparagraph
(A) of this paragraph by successfully completing a written examination administered
by the licensee or registrant; and
(C)
demonstrated competence to use, under the personal supervision
of the logging supervisor, the sources of radiation, related handling tools,
and radiation survey instruments that will be used in the job assignment.
(3)
The licensee or registrant shall provide an annual radiation
safety review for logging supervisors and logging assistants.
(4)
Each licensee or registrant shall maintain records that
document that the requirements of paragraphs (1) - (3) of this subsection
are met. Such records shall be maintained in accordance with subsection (dd)(5)
of this section.
(p)
Operating, safety, and emergency procedures. The licensee
or registrant shall maintain written operating, safety, and emergency procedures
that include descriptions of and directions in at least the items listed in
subsection (dd)(4) of this section.
(q)
Personnel monitoring.
(1)
In addition to the requirements of §289.202(p)(3)
and (q) of this title or §289.231(n) and (s)(3) of this title, as applicable,
no licensee or registrant shall permit any individual to act as a logging
supervisor or logging assistant unless that individual wears an individual
monitoring device that is processed and evaluated by an accredited National
Laboratory Accreditation Program (NVLAP) processor, at all times during well
logging service operations and/or tracer studies utilizing sources of radiation.
Each individual monitoring device shall be assigned to and worn by only one
individual. Film badges shall be replaced at least monthly. Other individual
monitoring devices shall be replaced at least quarterly. After replacement,
each individual monitoring device shall be returned to the supplier for processing
within 14 calendar days or as soon as practicable. In circumstances that make
it impossible to return each individual monitoring device to the supplier
for processing within 14 calendar days, such circumstances shall be documented
and available for review by the agency.
(2)
When necessary in order to aid in determining the extent
of an individual's exposure to concentrations of radioactive material, the
agency may require a licensee or registrant to make available to the individual
appropriate bioassay services and to furnish a copy of the reports of such
services to the agency.
(3)
Personnel monitoring records shall be maintained by the
licensee or registrant in accordance with subsection (dd)(5) of this section.
(r)
Radiation safety officer.
(1)
A radiation safety officer (RSO) shall be designated for
every license and certificate of registration issued by the agency.
(2)
The RSO's documented qualifications shall include:
(A)
possession of a high school diploma or a certificate of
high school equivalency based on the GED test;
(B)
completion of the training and testing requirements of
subsection (o)(1) of this section; and
(C)
two years of experience as a logging supervisor to include
knowledge of well logging service operations and tracer studies.
(3)
The duties of the RSO include, but are not limited to,
the following:
(A)
establishing and overseeing operating, safety, and emergency,
and as low as reasonably achievable (ALARA) procedures, and to review them
regularly to ensure that the procedures are current and conform with this
chapter;
(B)
overseeing and approving all phases of the training program
for well logging service operations and/or tracer studies personnel so that
appropriate and effective radiation protection practices are taught;
(C)
ensuring that required radiation surveys and leak tests
are performed and documented in accordance with this chapter, including any
corrective measures when levels of radiation exceed established limits;
(D)
ensuring that personnel monitoring is used properly by
occupationally-exposed personnel, that records are kept of the monitoring
results, and that timely notifications are made as required by §289.203
of this title;
(E)
investigating and reporting to the agency each known or
suspected case of radiation exposure to an individual or radiation level detected
in excess of limits established by this chapter and each theft or loss of
source(s) of radiation, to determine the cause, and to take steps to prevent
its recurrence;
(F)
having a thorough knowledge of management policies and
administrative procedures of the licensee or registrant;
(G)
assuming control and having the authority to institute
corrective actions including shutdown of operations when necessary in emergency
situations or unsafe conditions;
(H)
maintaining records as required by this chapter (see subsection
(dd)(5) of this section);
(I)
ensuring the proper storing, labeling, transport, and use
of sources of radiation, storage, and/or transport containers;
(J)
ensuring that inventories are performed in accordance with
subsection (j) of this section;
(K)
ensuring that personnel are complying with this chapter,
the conditions of the license or the registration, and the operating, safety,
and emergency procedures of the licensee or registrant; and
(L)
serving as the primary contact with the agency.
(s)
Security.
(1)
A logging supervisor must be physically present at a temporary
jobsite whenever radioactive material is being handled or is not stored and
locked in a vehicle or storage place. The logging supervisor may leave the
jobsite in order to obtain assistance if a sealed source becomes lodged in
a well.
(2)
During well logging, except when sealed sources are below
ground or in shipping or storage containers, the logging supervisor or other
individual designated by the logging supervisor shall maintain direct surveillance
of the operation to prevent unauthorized entry into a restricted area, as
defined in §289.201(b) of this title, or §289.231(c) of this title,
as applicable.
(t)
Handling tools. The licensee shall provide and require
the use of tools that will assure remote handling of sealed sources other
than low activity calibration sources.
(u)
Tracer studies.
(1)
Appropriate protective clothing and equipment shall be
used by all personnel handling radioactive tracer material. Precautions shall
be taken to avoid ingestion or inhalation of radioactive material and to avoid
contamination of field stations, temporary job sites, vehicles, associated
equipment, and clothing.
(2)
No licensee shall permit the injection of radioactive material
into usable quality groundwater (3,000 parts per million (ppm) total dissolved
solids or less) without prior written authorization from the agency.
(3)
A licensee may discard well-logging screenouts (well returns)
containing residual radioactive materials into Class II disposal wells authorized
by the Texas Railroad Commission (RRC) for such residuals, provided that the
following requirements are met:
(A)
the total radioactive concentration of all isotopes involved
in the screenout is 1000 picocuries per gram (pCi/g) or less, and the physical
half-life of the radioactive material is 120 days or less;
(B)
the well is licensed by the RRC to accept non-hazardous
oil and gas waste; and
(C)
the licensee maintains an agreement with the owner or operator
to control access to the Class II disposal well until the radioactivity has
decayed to unrestricted release levels.
(4)
The well operator shall contact the licensee when a decision
is made to reverse the radioactive tracer material out of a well. The licensee
shall be on site and present at the well when radioactive tracer material
is reversed out of a well.
(v)
Particle accelerators. No licensee or registrant shall
permit above-ground testing of particle accelerators that results in the production
of radiation except in areas or facilities controlled or shielded to meet
the requirements of §289.202(f) or (n) of this title, or §289.231(m)
or (o) of this title, as applicable.
(w)
Radioactive markers. The licensee may use radioactive markers
in wells only if the individual markers contain quantities of radioactive
material not exceeding the quantities specified in §289.251(m)(2) of
this title. The use of markers is subject only to the provisions of this subsection
and subsection (j) of this section.
(x)
Uranium sinker bars. The licensee may use a depleted uranium
sinker bar in well logging service operations only if it is legibly impressed
with the wording "DANGER (or CAUTION), RADIOACTIVE-DEPLETED URANIUM, NOTIFY
CIVIL AUTHORITIES (OR NAME OF COMPANY) IF FOUND."
(y)
Energy compensation source.
(1)
The licensee may use an energy compensation source that
is contained within a logging tool or other tool components.
(2)
For well logging applications with a surface casing for
protecting fresh water aquifers, use of the ECS is only subject to the requirements
of subsections (i), (j), and (k) of this section.
(3)
For well logging applications without a surface casing
for protecting fresh water aquifers, use of the ECS is only subject to the
requirements of subsections (d), (i), (j), (k), (bb)(4) and (cc) of this section.
(z)
Tritium neutron generator target source.
(1)
Use of a tritium neutron generator target source, containing
quantities not exceeding 30 curies (Ci) (1,110 MBq) and in a well with a surface
casing to protect fresh water aquifers, is subject to the requirements of
this section, except subsections (d), (l), and (cc) of this section.
(2)
Use of a tritium neutron generator target source, containing
quantities exceeding 30 Ci (1,110 MBq) or in a well without a surface casing
to protect fresh water aquifers, is subject to the requirements of this section,
except subsection (l) of this section.
(aa)
Radiation surveys.
(1)
Radiation surveys (and calculations for neutron sources)
shall be made and recorded for each area where radioactive materials are stored.
(2)
Radiation surveys (and calculations for neutron sources)
of the radiation levels in occupied positions and on the exterior of each
vehicle used to transport radioactive materials shall be made and recorded.
Such surveys (and calculations for neutron sources) shall include all sources
of radiation transported in the vehicle.
(3)
If the sealed source assembly is removed from the logging
tool before departing the job site, a survey of the tool to verify that the
logging tool is free of contamination shall be made and recorded.
(4)
If the encapsulation of the sealed source has been damaged
by an operation or is likely to have been damaged by an operation, the licensee
shall immediately conduct a radiation survey and make a record of that survey,
including a contamination survey, during and after the operation.
(5)
Radiation surveys shall be made and recorded at the job
site and/or well head for each tracer operation except for those utilizing
hydrogen-3, carbon-14, sulfur-35, or krypton-85. These surveys shall include
measurements of radiation levels before and after the operation.
(6)
Records required in accordance with paragraphs (1)-(5)
of this subsection shall also include the dates, the identification of individual(s)
making the survey, the unique identification of survey instrument(s) used,
radiation measurements in milliroentgen per hour (mR/hr), calculations in
millirem per hour (mrem/hr) (microsievert per hour (µSv/hr)), and an
exact description of the location of the survey. Each licensee or registrant
shall make and maintain records of these surveys in accordance with subsection
(dd)(5) of this section.
(bb)
Records/documents for inspection by the agency.
(1)
Each licensee or registrant shall maintain the records/documents
specified in subsection (dd)(5) of this section for inspection by the agency.
(2)
Each licensee or registrant maintaining additional authorized
use/storage locations from which well logging service operations are conducted
shall have copies of the records/documents specified in subsection (dd)(5)(B)
- (E) and (G) - (O) of this section that are specific to the site available
at each site for inspection by the agency.
(3)
Records/documents required in accordance with paragraph
(2) of this subsection shall be maintained in accordance with subsection (dd)(5)
of this section.
(4)
Each licensee or registrant conducting well logging service
operations at a temporary job site shall have copies of the records/documents
specified in subsection (dd)(5)(B), (C), (I), (K), (L), and (N) of this section
available at that site for inspection by the agency.
(5)
Records/documents required by paragraph (4) of this subsection
shall be maintained at the temporary job site for the period of operation
at that site for inspection by the agency.
(cc)
Notification of incidents and lost sources; abandonment
procedures for irretrievable sources.
(1)
Notification of incidents and sources lost in other than
downhole well logging operations shall be made in accordance with appropriate
provisions of §289.202 of this title, or §289.231 of this title,
as applicable.
(2)
Whenever a sealed source or a device containing radioactive
material has been ruptured or is likely to have been ruptured, the licensee
shall notify the agency immediately by telephone and submit written notification
within 30 days. The written notification shall designate the following:
(A)
the well or other location;
(B)
a description of the magnitude and extent of the escape
of radioactive material;
(C)
an assessment of the consequences of the rupture; and
(D)
an explanation of the efforts planned or being taken to
mitigate these consequences.
(3)
Whenever a sealed source is separated from the logging
tool and is lost downhole, the licensee shall notify the agency immediately
by telephone prior to beginning source recovery operations.
(4)
Whenever a sealed source or device containing radioactive
material is lost downhole, the licensee shall do the following:
(A)
consult with the well operator, well owner, drilling contractor,
or land owner regarding methods to retrieve the source or device that may
reduce the likelihood that the source or device will be damaged or ruptured
during the logging tool recovery (fishing) operations;
(B)
monitor with a radiation survey instrument (or logging
tool adjusted to detect gamma emissions from source(s) lost downhole), at
the surface for the presence of radioactive contamination during logging tool
recovery (fishing) operations; and
(C)
notify the agency immediately by telephone and submit written
notification within 30 days if radioactive contamination is detected at the
surface or if the source appears to be damaged.
(5)
When efforts to recover the radioactive source are not
successful, the licensee shall do the following:
(A)
notify the agency by telephone of the circumstances that
resulted in the inability to retrieve the source and obtain agency approval
to implement abandonment procedures, or that the licensee implemented abandonment
before receiving agency approval because the licensee believed there was an
immediate threat to public health and safety; and
(B)
advise the well operator of the RRC requirements regarding
abandonment and an appropriate method of abandonment, that shall include the
following:
(i)
the immobilization and sealing in place of the radioactive
source with a cement plug;
(ii)
a means to prevent inadvertent intrusion on the source,
such as the setting of a whipstock or other deflection device, unless the
source is not accessible to any subsequent drilling operations; and
(iii)
the mounting of a permanent identification plaque, containing
information required by paragraph (6) of this subsection, at the surface of
the well;
(C)
notify the agency by telephone giving the circumstances
of the loss; and
(D)
file a written report with the agency within 30 days of
the abandonment, providing the following information:
(i)
date of occurrence;
(ii)
a description of the radioactive source involved, including
radionuclide, activity, chemical and physical form, and serial number;
(iii)
surface location and identification of well;
(iv)
results of efforts to immobilize and seal the source in
place;
(v)
depth of the radioactive source;
(vi)
depth of the top of the cement plug;
(vii)
depth of the well; and
(viii)
information contained on the permanent identification
plaque.
(6)
Whenever a sealed source containing radioactive material
is abandoned downhole, the licensee shall provide a permanent plaque (an example
of a suggested plaque is shown in subsection (dd)(3) of this section) for
posting on the well or wellbore. This plaque shall meet the following requirements:
(A)
be constructed of long-lasting material such as stainless
steel, brass, bronze, or monel. The size of the plaque should be convenient
for use on active or inactive wells; for example, a 7-inch (17 cm) square.
Letter size of the word "CAUTION" should be approximately twice the letter
size of the rest of the information; for example, 1/2 inch (1.27 cm) and 1/4
inch (0.63 cm) letter size, respectively; and
(B)
contain the following engraved information on its face:
(i)
the word "CAUTION;"
(ii)
the radiation symbol (color not required);
(iii)
the date of abandonment;
(iv)
the name of the well operator or well owner;
(v)
the well name and well identification number(s) or other
designation;
(vi)
radionuclide(s) and activity(ies) of the source(s);
(vii)
the source depth and the plug back depth (depth to the
top of the plug); and
(viii)
an appropriate warning, depending on the specific circumstances
of each abandonment, such as the following:
(I)
"Do not drill below plug back depth;"
(II)
"Do not enlarge casing;" or
(III)
"Do not re-enter hole before contacting Radiation Control,
Department of State Health Services."
(7)
The licensee shall immediately notify the agency by telephone
and confirming letter if the licensee knows or has reason to believe that
radioactive material has been lost in or to an underground potable water source.
Such notice shall designate well location and describe the magnitude and extent
of loss of radioactive material, consequences of such loss and efforts taken
or planned to mitigate these consequences.
(8)
In the event of an uncontrolled release of radioactive
tracer material to the environment, the licensee shall notify the agency by
telephone within 24 hours and submit written notification within 30 days.
(dd)
Appendices.
(1)
Subjects to be included in training courses for well logging
service operations and/or tracer studies are as follows:
(A)
fundamentals of radiation safety that include:
(i)
characteristics of radiation;
(ii)
units of radiation dose (rem) and activity;
(iii)
significance of radiation dose specifying radiation protection
standards and biological effects of radiation;
(iv)
levels of radiation from sources of radiation;
(v)
methods of controlling radiation dose specifying time,
distance, and shielding;
(vi)
radiation safety practices, specifying prevention of contamination
and methods of decontamination; and
(vii)
discussion of ingestion, inhalation pathways.
(B)
radiation detection instrumentation to be used that includes:
(i)
use of radiation survey instruments specifying operation,
calibration, and limitations;
(ii)
survey techniques; and
(iii)
use of individual monitoring devices;
(C)
equipment to be used that specifies;
(i)
handling equipment and remote handling tools;
(ii)
sources of radiation;
(iii)
storage control, disposal, and transport of equipment
and sources of radiation;
(iv)
operation and control of equipment; and
(v)
maintenance of equipment.
(D)
pertinent federal and state requirements;
(E)
the licensee's or registrant's written operating, safety,
and emergency procedures;
(F)
the licensee's or registrant's record keeping procedures;
and
(G)
case histories and potential consequences of accidents
in well logging service operations and tracer studies.
(2)
In addition to the subjects for training courses required
in paragraph (1) of this subsection, individuals performing tracer studies
must also complete training in the following subjects:
(A)
sources of contamination;
(B)
contamination detection and control;
(C)
decontamination techniques and limits;
(D)
survey techniques for tracer materials; and
(E) packaging requirements for transportation of radioactive
materials, especially residual materials from tracer studies.
(3) The following is an example of a plaque for identifying
wells containing sealed sources of radioactive material abandoned downhole:
Figure: 25 TAC §289.253(dd)(3)
(4) The licensee's or registrant's operating, safety, and emergency
procedures shall include descriptions of and instructions in at least the
following:
(A) the handling and use of sources of radiation in wells without
surface casing for protecting fresh water aquifers, if appropriate;
(B) the handling and use of sources of radiation to be employed
so that no individual is likely to be exposed to radiation doses in excess
of the limits established in §289.202 of this title, or §289.231
of this title, as applicable. Every reasonable effort shall be made to keep
radiation exposures and releases of radioactive material in soils and effluents
to unrestricted areas as low as is reasonably achievable;
(C)
methods and occasions for conducting radiation surveys;
(D)
methods and occasions for locking and securing sources
of radiation;
(E)
personnel monitoring, including bioassays, and the use
of individual monitoring devices;
(F)
removal of radioactive material from storage, transportation
of radioactive material to field locations and temporary job sites, including
packaging of sources of radiation in the vehicles, placarding of vehicles,
securing sources of radiation during transportation, and return to storage;
(G)
minimizing exposure of individuals during routine use and
in the event of an accident;
(H)
procedures for notifying proper personnel in the event
of an accident or well excursion;
(I)
maintenance of records;
(J)
use, inspection, and maintenance of source holders, logging
tools, source handling tools, storage containers, transport containers, and
injection tools;
(K)
procedures to be followed in the event a sealed source
is lost or lodged downhole;
(L)
procedures to be used for picking up, receiving, handling,
and opening packages containing radioactive material;
(M)
procedures to be used for surveys of temporary job sites
and equipment, and decontamination of vehicles, associated equipment, and
clothing following tracer studies;
(N)
storage and disposal of radioactive waste;
(O)
procedures for laundering contaminated clothing, if applicable;
(P)
licensee's or registrant's management structure;
(Q)
posting of radiation areas and labeling radioactive material
containers;
(R)
procedures to be followed in the event of an uncontrolled
release of radioactive tracer material to the environment; and
(S)
actions to be taken if a sealed source is ruptured, including
actions to prevent the spread of contamination and minimize inhalation and
ingestion of radioactive material, and actions to obtain suitable radiation
survey instruments as required by subsection (h) of this section.
(5)
The following records/documents shall be maintained by
the licensee or registrant for inspection by the agency.
Figure: 25 TAC §289.253(dd)(5) (No change.)
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 March 9, 2006.
TRD-200601516
Cathy Campbell
General Counsel
Department of State Health Services
Effective date: March 29, 2006
Proposal publication date: September 16, 2005
For further information, please call: (512) 458-7111 x6972
Subchapter F. LICENSE REGULATIONS