Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter D - GENERAL › Section 289.201 - General Provisions for Radioactive Material

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. Except as otherwise specifically provided, this section applies
											  to all persons who receive, possess, use, transfer, or acquire any radioactive material, provided, however,
											  that nothing in this section shall apply to any person to the extent such person is subject to regulation by
											  the United States Nuclear Regulatory Commission (NRC) or to radioactive material in the possession of federal
											  agencies. Attention is directed to the fact that regulation by the state of source material, byproduct
											  material, and special nuclear material in quantities not sufficient to form a critical mass is subject to the
											  provisions of the agreement between the state and NRC and to Part 150 of NRC regulations (Title 10, Code of
											  Federal Regulations (CFR), Part 150). A person who receives, possesses, uses, owns, transfers, or acquires
											  radioactive material prior to receiving a license is subject to the requirements of this chapter.
(b) Definitions. The following words and terms when used in this chapter
											  shall have the following meanings, unless the context clearly indicates otherwise.
(1) Absorbed dose--The energy imparted by ionizing radiation per unit mass
											  of irradiated material. The units of absorbed dose are the gray (Gy) and the rad.
(2) Accelerator-produced material--Any material made radioactive by
											  exposing it to the radiation from a particle accelerator.
(3)
											  Access control--Asystem for allowing only approved individuals to have unescorted access to the security zone
											  and for ensuring that all other individuals are subject to escorted access.
(4) Act--Texas Radiation Control Act, Health and Safety Code (HSC), Chapter
											  401.
(5) Activity--The rate of disintegration or transformation
											  or decay of radioactive material. The units of activity are the becquerel (Bq) and the curie (Ci).
(6) Adult--An individual 18 or more years of age.
(7) Agency--The Department of State Health Services.
(8) Aggregated--Accessible by the breach of a single physical barrier that
											  would allow access to radioactive material in any form, including any devices that contain the radioactive
											  material, when the total activity equals or exceeds a category 2 quantity of radioactive material.
(9) Agreement state--Any state with which NRC has entered into an effective
											  agreement under §274b of the Atomic Energy Act of 1954, as amended (73 Stat. 689).
(10) Airborne radioactive material--Any radioactive material dispersed in
											  the air in the form of dusts, fumes, particulates, mists, vapors, or gases.
(11) Airborne radioactivity area--A room, enclosure, or area in which
											  airborne radioactive materials exist in concentrations:
(A) in excess of
											  the derived air concentrations (DACs) specified in Table I, Column 3 of §
												289.202(ggg)(2)(F)
											  of this title (relating to Standards for Protection Against Radiation from Radioactive Materials);
											  or
(B) to such a degree that an individual present in the area
											  without respiratory protective equipment could exceed, during the hours an individual is present in a week,
											  an intake of 0.6% of the annual limit on intake (ALI) or 12 DAC-hours.
(12) Approved individual--An individual whom the licensee has determined to
											  be trustworthy and reliable for unescorted access in accordance with §289.252(ii)(2) - (8) of this title
											  (relating to Licensing of Radioactive Material) and who has completed the training required by §
											289.252(ii)(10)(C)
											  of this title.
(13) As low as is reasonably achievable
											  (ALARA)--Making every reasonable effort to maintain exposures to radiation as far below the dose limits in
											  these regulations as is practical, consistent with the purpose for which the licensed activity is undertaken,
											  taking into account the state of technology, the economics of improvements in relation to the state of
											  technology, the economics of improvements in relation to benefits to the public health and safety, and other
											  societal and socioeconomic considerations, and in relation to utilization of ionizing radiation and licensed
											  sources of radiation in the public interest.
(14) Background
											  investigation--The investigation conducted by a licensee or applicant to support the determination of
											  trustworthiness and reliability.
(15) Background
											  radiation--Radiation from cosmic sources; non-technologically enhanced naturally occurring radioactive
											  material, including radon, except as a decay product of source or special nuclear material, and including
											  global fallout as it exists in the environment from the testing of nuclear explosive devices or from past
											  nuclear accidents, such as Chernobyl, that contribute to background radiation and are not under the control
											  of the licensee. "Background radiation" does not include radiation from sources of radiation regulated by the
											  agency.
(16) Becquerel (Bq)--The International System of Units
											  (SI) unit of activity. One becquerel is equal to 1 disintegration or transformation per second (dps or tps).
											  Commonly used multiples of the becquerel are the kBq (kilobecquerel, 103 Bq), MBq
											  (megabecquerel, 106 Bq), GBq (gigabecquerel, 109 Bq),
											  and TBq (terabecquerel, 1012 Bq). 1 Ci = 37 GBq.
(17) Bioassay--The determination of kinds, quantities, or concentrations,
											  and, in some cases, the locations of radioactive material in the human body, whether by direct measurement,
											  in vivo counting, or by analysis and evaluation of materials excreted or removed from the human body. For
											  purposes of this chapter, "radiobioassay" is an equivalent term.
(18) Brachytherapy--A method of radiation therapy in which sealed sources
											  are utilized to deliver a radiation dose at a distance of up to a few centimeters, by surface, intracavitary,
											  or interstitial application.
(19) Byproduct material--Byproduct
											  material is defined as:
(A) any radioactive material (except special
											  nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of
											  producing or utilizing special nuclear material;
(B) the tailings
											  or wastes produced by or resulting from the extraction or concentration of uranium or thorium from any ore
											  processed primarily for its source material content, including discrete surface wastes resulting from uranium
											  solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not
											  constitute "byproduct material" within this definition;
(C) any
											  discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or
											  after August 8, 2005, for use for a commercial, medical, or research activity; or
(D) any material that has been made radioactive by use of a particle
											  accelerator; and is produced, extracted, or converted after extraction, before, on, or after August 8, 2005,
											  for use for a commercial, medical, or research activity; and
(E)
											  any discrete source of naturally occurring radioactive material, other than source material, that is
											  extracted or converted after extraction before, on, or after August 8, 2005, for use in a commercial,
											  medical, or research activity and that the United States NRC, in consultation with the Administrator of the
											  United States Environmental Protection Agency (EPA), the United States Secretary of Energy, the United States
											  Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a
											  threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the
											  common defense and security.
(20) Category 1 quantity
											  of radioactive material--A quantity of radioactive material meeting or exceeding the category 1 threshold in
											  §
											289.252(jj)(9)
											  of this title. This is determined by calculating the ratio of the total activity of each radionuclide to the
											  category 1 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds
											  1, the quantity would be considered a category 1 quantity. Category 1 quantities of radioactive material do
											  not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel
											  pellet.
(21) Category 2 quantity of radioactive material--A
											  quantity of radioactive material meeting or exceeding the category 2 threshold but less than the category 1
											  threshold in §
											289.252(jj)(9)
											  of this title. This is determined by calculating the ratio of the total activity of each radionuclide to the
											  category 2 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds
											  1, the quantity would be considered a category 2 quantity. Category 2 quantities of radioactive material do
											  not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel
											  pellet.
(22) Certificate of registration--A form of permission
											  given by the agency to an applicant who has met the requirements for registration or mammography system
											  certification set out in the Act and this chapter.
(23)
											  Certification of mammography systems (state certification)--A form of permission given by the agency to an
											  applicant who has met the requirements for mammography system certification set out in the Act and this
											  chapter.
(24) Collective dose--The sum of the individual doses
											  received in a given period of time by a specified population from exposure to a specified source of
											  radiation.
(25) Commercial--Having financial profit as the
											  primary aim.
(26) Committed dose equivalent
											  (HT,50)--The dose equivalent to organs or tissues of reference (T) that will be
											  received from an intake of radioactive material by an individual during the 50-year period following the
											  intake.
(27) Committed effective dose equivalent
											  (HE,50)--The sum of the products of the weighting factors applicable to each of the
											  body organs or tissues that are irradiated and the committed dose equivalent to each of these organs or
											  tissues (HE,50 = [SIGMA]WT
											  HT.50).
(28) Consortium--An association of
											  medical use licensees and a Positron Emission Tomography (PET) radionuclide production facility in the same
											  geographical area that jointly own or share in the operation and maintenance costs of the PET radionuclide
											  production facility that produces PET radionuclides for use in producing radioactive drugs within the
											  consortium for noncommercial distributions among its associated members for medical use. The PET radionuclide
											  production facility within the consortium shall be located at an educational institution or a medical
											  facility.
(29) Constraint (dose constraint)--A value above which
											  specified licensee actions are required.
(30) Critical group--The
											  group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any
											  applicable set of circumstances.
(31) Curie (Ci)--A unit of
											  measurement of radioactivity. One curie (Ci) is that quantity of radioactive material that decays at the rate
											  of 3.7 x 1010 disintegrations per second (dps). Commonly used submultiples of the
											  curie are the millicurie (mCi) and the microcurie (µCi). One mCi = 1 x 10-3
											  Ci = 3.7 x 107 dps. One µCi = 1 x 10-6 Ci = 3.7 x
											  104 dps. One nanocurie (nCi) = 1 x 10-9 Ci = 3.7 x
											  101 dps. One picocurie (pCi) = 1 x 10-12 Ci = 3.7 x
											  10-2 dps.
(32) Decommission--To remove
											  a facility or site safely from service and reduce residual radioactivity to a level that permits the
											  following:
(A) release of the property for unrestricted use and/or
											  termination of license; or
(B) release of the property under
											  alternate requirements for license termination.
(33)
											  Deep dose equivalent (Hd), that applies to external whole body exposure--The dose
											  equivalent at a tissue depth of 1 centimeter (cm) (1,000 milligrams per square centimeter (mg/cm
													 2)).
(34) Depleted uranium--The source material
											  uranium in which the isotope uranium-235 is less than 0.711 weight percent of the total uranium present.
											  Depleted uranium does not include special nuclear material.
(35)
											  Discrete source--A radionuclide that has been processed so that its concentration within a material has been
											  purposely increased for use for commercial, medical, or research activities.
(36) Distinguishable from background--The detectable concentration of a
											  radionuclide is statistically different from the background concentration of that radionuclide in the
											  vicinity of the site, or, in the case of structures or equipment, in similar materials using adequate
											  measurement technology, survey, and statistical techniques.
(37)
											  Distribution--The physical conveyance and authorized transfer of commodities from producers to consumers and
											  any intermediate persons involved in that conveyance.
(38)
											  Diversion--The unauthorized movement of radioactive material subject to §
											289.252(ii)
											  of this title to a location different from the material's authorized destination inside or outside of the
											  site at which the material is used or stored.
(39) Dose--A
											  generic term that means absorbed dose, dose equivalent, effective dose equivalent, committed dose equivalent,
											  committed effective dose equivalent, total organ dose equivalent, or total effective dose equivalent. For
											  purposes of this chapter, "radiation dose" is an equivalent term.
(40)Dose equivalent (HT)--The product of the
											  absorbed dose in tissue, quality factor, and all other necessary modifying factors at the location of
											  interest. The units of dose equivalent are the sievert (Sv) and rem.
(41) Dose limits--The permissible upper bounds of radiation doses
											  established in accordance with this chapter. For purposes of this chapter, "limits" is an equivalent
											  term.
(42)Effective dose equivalent
											  (HE)--The sum of the products of the dose equivalent to each organ or tissue
											  (HT) and the weighting factor (WT) applicable to each of the
											  body organs or tissues that are irradiated (HE  = [SIGMA]WT
											  HT ).
(43) Embryo/fetus--The developing
											  human organism from conception until the time of birth.
(44)
											  Entrance or access point--Any opening through which an individual or extremity of an individual could gain
											  access to radiation areas or to licensed sources of radiation. This includes portals of sufficient size to
											  permit human access, irrespective of their intended use.
(45)
											  Escorted access--Accompaniment while in a security zone by an approved individual who maintains continuous
											  direct visual surveillance at all times over an individual who is not approved for unescorted
											  access.
(46) Exposure--The quotient of dQ by dm where "dQ" is the
											  absolute value of the total charge of the ions of one sign produced in air when all the electrons (negatrons
											  and positrons) liberated by photons in a volume element of air having mass "dm" are completely stopped in
											  air. The SI unit of exposure is the coulomb per kilogram (C/kg). The roentgen is the special unit of
											  exposure. For purposes of this chapter, this term is used as a noun.
(47) Exposure rate--The exposure per unit of time.
(48) External dose--That portion of the dose equivalent received from any
											  source of radiation outside the body.
(49) Extremity--Hand,
											  elbow, arm below the elbow, foot, knee, and leg below the knee. The arm above the elbow and the leg above the
											  knee are considered part of the whole body.
(50) Fingerprint
											  orders--The orders issued by the NRC or the legally binding requirements issued by agreement states that
											  require fingerprints and criminal history records checks for individuals with unescorted access to category 1
											  and category 2 quantities of radioactive material or safeguards information-modified handling.
(51) Generally applicable environmental radiation standards--Standards
											  issued by the EPA under the authority of the Atomic Energy Act of 1954, as amended, that impose limits on
											  radiation exposures or levels, or concentrations or quantities of radioactive material, in the general
											  environment outside the boundaries of locations under the control of persons possessing or using radioactive
											  material.
(52) Gray (Gy)--The SI unit of absorbed dose. One gray
											  is equal to an absorbed dose of 1 joule per kilogram (J/kg) or 100 rad.
(53) High radiation area--An area, accessible to individuals, in which
											  radiation levels from sources of radiation external to the body could result in an individual receiving a
											  dose equivalent in excess of 0.1 rem (1 millisievert (mSv)) in one hour at 30 cm from any source of radiation
											  or from any surface that the radiation penetrates.
(54) Human
											  use--The internal or external administration of radiation or radioactive material to human beings for healing
											  arts purposes or research and/or development specifically authorized by the agency.
(55) Individual--Any human being.
(56) Individual monitoring--The assessment of:
(A) dose equivalent to an individual by the use of individual monitoring
											  devices; or
(B) committed effective dose equivalent to an
											  individual by bioassay or by determination of the time-weighted air concentrations to which an individual has
											  been exposed, that is, DAC-hours. (See the definition for DAC-hours in §
												289.202(c)
											  of this title); or
(C) dose equivalent to an individual by the
											  use of survey data.
(57) Individual monitoring
											  devices--Devices designed to be worn by a single individual for the assessment of dose equivalent. For
											  purposes of this chapter, "personnel dosimeter" and "dosimeter" are equivalent terms. Examples of individual
											  monitoring devices include, but are not limited to, film badges, thermoluminescence dosimeters (TLDs),
											  optically stimulated luminescence dosimeters (OSLs), pocket ionization chambers (pocket dosimeters),
											  electronic personal dosimeters, and personal air sampling devices.
(58) Inspection--An official examination and/or observation including, but
											  not limited to, records, tests, surveys, and monitoring to determine compliance with the Act and rules,
											  orders, requirements, and conditions of the agency.
(59) Internal
											  dose--That portion of the dose equivalent received from radioactive material taken into the body.
(60) Ionizing radiation--Any electromagnetic or particulate radiation
											  capable of producing ions, directly or indirectly, in its passage through matter. Ionizing radiation includes
											  gamma rays and x rays, alpha and beta particles, high-speed electrons, neutrons, and other nuclear
											  particles.
(61) Land disposal facility--The land, buildings, and
											  equipment that are intended to be used for the disposal of low-level radioactive waste (LLRW) into the
											  subsurface of the land.
(62) Lens dose equivalent--The external
											  dose equivalent to the lens of the eye at a tissue depth of 0.3 cm (300
											  mg/cm2).
(63) License--A form of
											  permission given by the agency to an applicant who has met the requirements for licensing set out in the Act
											  and this chapter.
(64) Licensed material--Radioactive material
											  received, possessed, used, or transferred under a general or specific license issued by the agency.
(65) Licensee--Any person who is licensed by the agency in accordance with
											  the Act and this chapter.
(66) Licensing state--Any state with
											  rules equivalent to the Suggested State Regulations for Control of Radiation relating to, and having an
											  effective program for, the regulatory control of naturally occurring or accelerator-produced radioactive
											  material (NARM) and has been designated as such by the Conference of Radiation Control Program Directors,
											  Inc. For the purposes of evaluation and/or distribution of sealed sources, this includes Licensing State
											  Status: Product Review Only.
(67) Local law enforcement agency
											  (LLEA)--A public or private organization that has been approved by a federal, state, or local government to
											  carry firearms and make arrests, and is authorized and has the capability to provide an armed response in the
											  jurisdiction where the licensed category 1 or category 2 quantity of radioactive material is used, stored, or
											  transported.
(68) Lost or missing radioactive
											  material--Radioactive material whose location is unknown. This definition includes licensed material that has
											  been shipped but has not reached its planned destination and whose location cannot be readily traced in the
											  transportation system.
(69) Low-level radioactive waste
											  (LLRW)--Radioactive material that meets the following criteria:
(A) LLRW is
											  radioactive material that is:
(i) discarded or unwanted and is not exempt
											  by rule adopted under the Texas Radiation Control Act (Act), HSC, §401.106;
(ii) waste, as that term is defined in Title 10, CFR, §61.2;
											  and
(iii) subject to:
(I)
											  concentration limits established in Title 10, CFR, §61.55, or compatible rules adopted by the agency or
											  the Texas Commission on Environmental Quality (TCEQ), as applicable; and
(II) disposal criteria established in Title 10, CFR, or established by the
											  agency or TCEQ, as applicable.
(B) LLRW
											  does not include:
(i) high-level radioactive waste as defined by Title 10,
											  CFR, §60.2;
(ii) spent nuclear fuel as defined by Title 10,
											  CFR, §72.3;
(iii) byproduct material defined in the Act,
											  HSC, §401.003(3)(B);
(iv) naturally occurring radioactive
											  material (NORM) waste that is not oil and gas NORM waste;
(v) oil
											  and gas NORM waste; or
(vi) transuranics greater than 100
											  nanocuries per gram.
(70) Manufacture--To
											  fabricate or mechanically produce.
(71) Member of the public--Any
											  individual, except when that individual is receiving an occupational dose.
(72) Minor--An individual less than 18 years of age.
(73) Mobile device--A piece of equipment containing licensed radioactive
											  material that either is mounted on a permanent base with wheels and/or casters, or otherwise equipped for
											  moving while completely assembled and without dismounting; or is a portable device. Mobile devices do not
											  include stationary equipment installed in a fixed location.
(74)
											  Monitoring--The measurement of radiation, radioactive material concentrations, surface area activities, or
											  quantities of radioactive material and the use of the results of these measurements to evaluate potential
											  exposures and doses. For purposes of this chapter, "radiation monitoring" and "radiation protection
											  monitoring" are equivalent terms.
(75) Movement control
											  center--An operations center that is remote from transport activity and that maintains position information
											  on the movement of radioactive material, receives reports of attempted attacks or thefts, provides a means
											  for reporting these and other problems to appropriate agencies and can request and coordinate appropriate
											  aid.
(76) NARM--Any naturally occurring or accelerator-produced
											  radioactive material except source material or special nuclear material.
(77) Natural radioactivity--Radioactivity of naturally occurring nuclides
											  whose location and chemical and physical form have not been altered by man.
(78) No-later-than arrival time--The date and time that the shipping
											  licensee and receiving licensee have established as the time at which an investigation will be initiated if
											  the shipment has not arrived at the receiving facility. The no-later-than arrival time may not be more than 6
											  hours after the estimated arrival time for shipments of category 2 quantities of radioactive
											  material.
(79) NRC--The United States Nuclear Regulatory
											  Commission or its duly authorized representatives.
(80)
											  Occupational dose--The dose received by an individual in the course of employment in which the individual's
											  assigned duties involve exposure to sources of radiation from licensed/registered and unlicensed/unregistered
											  sources of radiation, whether in the possession of the licensee/registrant or other person. Occupational dose
											  does not include dose received from background radiation, from any medical administration the individual has
											  received, from exposure to individuals administered radioactive material and released in accordance with this
											  chapter, from voluntary participation in medical research programs, or as a member of the public.
(81) Particle accelerator--Any machine capable of accelerating electrons,
											  protons, deuterons, or other charged particles in a vacuum and designed to discharge the resultant
											  particulate or other associated radiation at energies usually in excess of 1 million electron volts
											  (MeV).
(82) Person--Any individual, corporation, partnership,
											  firm, association, trust, estate, public or private institution, group, agency, local government, any other
											  state or political subdivision or agency thereof, or any other legal entity, and any legal successor,
											  representative, agent, or agency of the foregoing, other than NRC, and other than federal government agencies
											  licensed or exempted by NRC.
(83) Personnel monitoring equipment
											  (See definition for individual monitoring devices.)
(84)
											  Pharmacist--An individual licensed by the Texas State Board of Pharmacy to compound and dispense drugs,
											  prescriptions, and poisons.
(85) Physician--An individual
											  licensed by the Texas Medical Board.
(86) Portable device--A
											  piece of equipment containing licensed radioactive material that is designed by the manufacturer to be hand
											  carried during use.
(87) Positron emission tomography (PET)
											  radionuclide production facility--A facility operating a cyclotron or accelerator for the purpose of
											  producing PET radionuclides.
(88) Principal
											  activities--Activities authorized by the license that are essential to achieving the purpose(s) for which the
											  license was issued or amended. Storage during which no licensed material is accessed for use or disposal and
											  activities incidental to decontamination or decommissioning are not principal activities.
(89) Public dose--The dose received by a member of the public from exposure
											  to sources of radiation released by a licensee, or to any other source of radiation under the control of a
											  licensee/registrant. It does not include occupational dose or doses received from background radiation, from
											  any medical administration the individual has received, from exposure to individuals administered radioactive
											  material and released in accordance with this chapter, or from voluntary participation in medical research
											  programs.
(90) Quality factor (Q)--The modifying factor listed in
											  subsection (n)(1) and (2) of this section that is used to derive dose equivalent from absorbed
											  dose.
(91) Quarter (calendar quarter)--A period of time equal to
											  one-fourth of the year observed by the licensee, approximately 13 consecutive weeks, providing that the
											  beginning of the first quarter in a year coincides with the starting date of the year and that no day is
											  omitted or duplicated in consecutive quarters.
(92) Rad--The
											  special unit of absorbed dose. One rad is equal to an absorbed dose of 100 ergs per gram (erg/g) or 0.01 J/kg
											  (0.01 Gy).
(93) Radiation--One or more of the following:
(A) gamma and x rays; alpha and beta particles and other atomic or nuclear
											  particles or rays;
(B) emission of radiation from any electronic
											  device to such energy density levels as to reasonably cause bodily harm; or
(C) sonic, ultrasonic, or infrasonic waves from any electronic device or
											  resulting from the operation of an electronic circuit in an electronic device in the energy range to
											  reasonably cause detectable bodily harm.
(94)
											  Radiation area--Any area, accessible to individuals, in which radiation levels could result in an individual
											  receiving a dose equivalent in excess of 0.005 rem (0.05 mSv) in one hour at 30 cm from the source of
											  radiation or from any surface that the radiation penetrates.
(95)
											  Radiation machine--Any device capable of producing ionizing radiation except those devices with radioactive
											  material as the only source of radiation.
(96) Radiation safety
											  officer (RSO)--An individual who has a knowledge of and the authority and responsibility to apply appropriate
											  radiation protection rules, standards, and practices, who must be specifically authorized on a radioactive
											  material license, and who is the primary contact with the agency. Specific training and responsibilities for
											  an RSO are listed in §
											289.252 of this title, §
											289.253
											  of this title (relating to Radiation Safety Requirements for Well Logging Service Operations and Tracer
											  Studies), §
											289.255
											  of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for
											  Industrial Radiography), and §
											289.256 of
											  this title (relating to Medical and Veterinary Use of Radioactive Material).
(97) Radioactive material--Any material (solid, liquid, or gas) that emits
											  radiation spontaneously.
(98) Radioactive waste--For purposes of
											  this chapter, this term is equivalent to LLRW.
(99)
											  Radioactivity--The disintegration of unstable atomic nuclei with the emission of radiation.
(100) Radiobioassay (See definition for bioassay.)
(101) Registrant--Any person issued a certificate of registration by the
											  agency in accordance with the Act and this chapter.
(102)
											  Regulation (See definition for rule.)
(103) Regulations of the
											  United States Department of Transportation (DOT)--The requirements in Title 49, CFR, Parts 100 -
											  189.
(104) Rem--The special unit of any of the quantities
											  expressed as dose equivalent. The dose equivalent in rem is equal to the absorbed dose in rad multiplied by
											  the quality factor (1 rem = 0.01 sievert (Sv)).
(105) Research
											  and development--Research and development is defined as:
(A) theoretical
											  analysis, exploration, or experimentation; or
(B) the extension
											  of investigative findings and theories of a scientific or technical nature into practical application for
											  experimental and demonstration purposes, including the experimental production and testing of models,
											  devices, equipment, materials, and processes.
(106)
											  Residential location--Any area where a structure or structures are located in which people lodge or live, and
											  the grounds on which these structures are located including, but not limited to, houses, apartments,
											  condominiums, and garages.
(107) Residual radioactivity--The
											  radioactivity in structures, materials, soils, groundwater, and other media at a site resulting from
											  activities under the licensee's control. This includes radioactivity from all licensed and unlicensed sources
											  used by the licensee, but excludes background radiation. It also includes radioactive materials remaining at
											  the site as a result of routine or accidental releases of radioactive material at the site and previous
											  burials at the site, even if those burials were made in accordance with the provisions of Title 10, CFR, Part
											  20.
(108) Restricted area--An area, access to which is limited by
											  the licensee for the purpose of protecting individuals against undue risks from exposure to sources of
											  radiation. Restricted area does not include areas used as residential quarters, but separate rooms in a
											  residential building may be set apart as a restricted area.
(109)
											  Reviewing official--The individual who shall make the trustworthiness and reliability determination of an
											  individual to determine whether the individual may have, or continue to have, unescorted access to the
											  category 1 or category 2 quantities of radioactive materials that are possessed by the licensee.
(110) Roentgen (R)--The special unit of exposure. One roentgen (R) equals
											  2.58 x 10-4 C/kg of air. (See definition for exposure.)
(111) Rule (as defined in the Government Code, Chapters 2001 and 2002, as
											  amended)--Any agency statement of general applicability that implements, interprets, or prescribes law or
											  policy, or describes the procedure or practice requirements of an agency. The term includes the amendment or
											  repeal of a prior section but does not include statements concerning only the internal management or
											  organization of any agency and not affecting private rights or procedures. The word "rule" was formerly
											  referred to as "regulation."
(112) Sabotage--The deliberate
											  damage, with malevolent intent, to a category 1 or category 2 quantity of radioactive material, a device that
											  contains a category 1 or category 2 quantity of radioactive material, or the components of the security
											  system.
(113) Safe haven--A readily recognizable and readily
											  accessible site at which security is present or from which, in the event of an emergency, the transport crew
											  can notify and wait for the local law enforcement authorities.
(114) Sealed source--Radioactive material that is permanently bonded or
											  fixed in a capsule or matrix designed to prevent release and dispersal of the radioactive material.
(115) Security zone--Any temporary or permanent area determined and
											  established by the licensee for the physical protection of category 1 or category 2 quantities of radioactive
											  material.
(116) Shallow dose equivalent
											  (Hs) (that applies to the external exposure of the skin of the whole body or the skin
											  of an extremity)--The dose equivalent at a tissue depth of 0.007 cm (7
											  mg/cm2).
(117) SI--The abbreviation
											  for the International System of Units.
(118) Sievert--The SI unit
											  of any of the quantities expressed as dose equivalent. The dose equivalent in sievert is equal to the
											  absorbed dose in gray multiplied by the quality factor (1 Sv = 100 rem).
(119) Site boundary--That line beyond which the land or property is not
											  owned, leased, or otherwise controlled by the licensee.
(120)
											  Source material--Source material is defined as:
(A) uranium or thorium, or
											  any combination thereof, in any physical or chemical form; or
(B)
											  ores that contain by weight 0.05% or more of uranium, thorium, or any combination thereof; and
(C) does not include special nuclear material.
(121) Source of radiation--Any radioactive material, or any device or
											  equipment emitting or capable of producing radiation.
(122)
											  Special form radioactive material--Radioactive material that satisfies the following conditions.
(A) It is either a single solid piece or is contained in a sealed capsule
											  that can be opened only by destroying the capsule;
(B) The piece
											  or capsule has at least one dimension not less than 5 millimeters (mm) (0.2 inch); and
(C) It satisfies the requirements specified by NRC. A special form
											  encapsulation designed in accordance with NRC requirements in effect on June 30, 1983, and constructed prior
											  to July 1, 1985, may continue to be used. A special form encapsulation designed in accordance with NRC
											  requirements in effect on March 31, 1996, and constructed prior to April 1, 1998, may continue to be used. A
											  special form encapsulation either designed or constructed after April 1, 1998, must meet the requirements of
											  this definition applicable at the time of its design or construction.
(123) Special nuclear material--Special nuclear material is defined as:
(A) plutonium (Pu), uranium-233 (U-233), uranium enriched in the isotope
											  233 or in the isotope 235, and any other material that NRC, in accordance with the provisions of the Atomic
											  Energy Act of 1954, §51 as amended, determines to be special nuclear material, but does not include
											  source material; or
(B) any material artificially enriched by any
											  of the foregoing, but does not include source material.
(124) Special nuclear material in quantities not sufficient to form a
											  critical mass--Uranium enriched in the isotope 235 in quantities not exceeding 350 grams (g) of contained
											  uranium-235; uranium-233 in quantities not exceeding 200 g; plutonium in quantities not exceeding 200 g; or
											  any combination of them in accordance with the following formula.
(A) For
											  each kind of special nuclear material, determine the ratio between the quantity of that special nuclear
											  material and the quantity specified above for the same kind of special nuclear material. The sum of such
											  ratios for all of the kinds of special nuclear material in combination shall not exceed "1" (i.e.,
											  unity).
(B) For example, the following quantities in combination
											  would not exceed the limitation and are within the formula:
Attached
													 Graphic
(125) Special units--The
											  conventional units historically used by licensees, for example, curie (activity), rad (absorbed dose), and
											  rem (dose equivalent).
(126) Stationary device--A piece of
											  equipment containing licensed radioactive material that is installed in a fixed location.
(127) Survey--An evaluation of the radiological conditions and potential
											  hazards incident to the production, use, transfer, release, disposal, and/or presence of sources of
											  radiation. When appropriate, such survey includes, but is not limited to, tests, physical examination of
											  location of materials and equipment, measurements of levels of radiation or concentration of radioactive
											  material present, and evaluation of administrative and/or engineered controls.
(128) Telemetric position monitoring system--A data transfer system that
											  captures information by instrumentation and/or measuring devices about the location and status of a transport
											  vehicle or package between the departure and destination locations.
(129) Termination--A release by the agency of the obligations and
											  authorizations of the licensee under the terms of the license. It does not relieve a person of duties and
											  responsibilities imposed by law.
(130) Test--A method of
											  determining the characteristics or condition of sources of radiation or components thereof.
(131) Texas Regulations for Control of Radiation (TRCR)--All sections of
											  Title 25, TAC, Chapter 289.
(132) Total effective dose equivalent
											  (TEDE)--The sum of the effective dose equivalent for external exposures and the committed effective dose
											  equivalent for internal exposures.
(133) Total organ dose
											  equivalent (TODE)--The sum of the deep dose equivalent and the committed dose equivalent to the organ
											  receiving the highest dose as described in §
											289.202(rr)(1)(F)
											  of this title.
(134) Transport index--The dimensionless number
											  (rounded up to the next tenth) placed on the label of a package, to designate the degree of control to be
											  exercised by the carrier during transportation. The transport index is determined as follows:
(A) For non-fissile material packages, the number determined by multiplying
											  the maximum radiation level in millisievert per hour (mSv/hr) at 1 meter (m) (3.3 feet) from the external
											  surface of the package by 100 (equivalent to the maximum radiation level in millirem per hour (mrem/hr) at 1
											  m (3.3 feet); or
(B) For fissile material packages, the number
											  determined by multiplying the maximum radiation level in mSv/hr at 1 m (3.3 feet) from the external surface
											  of the package by 100 (equivalent to the maximum radiation level in mrem/hr at 1 m (3.3 feet), or, for
											  criticality control purposes, the number obtained as described in Title 10, CFR, §71.59 whichever is
											  larger.
(135) Trustworthiness and
											  reliability--Characteristics of an individual considered dependable in judgment, character, and performance,
											  such that unescorted access to category 1 or category 2 quantities of radioactive material by that individual
											  does not constitute an unreasonable risk to the public health and safety or security. A determination of
											  trustworthiness and reliability for this purpose is based upon the results from a background
											  investigation.
(136) Type A quantity--A quantity of radioactive
											  material, the aggregate radioactivity of which does not exceed A1 for special form
											  radioactive material or A2 for normal form radioactive material, where
											  A1 and A2 are given in §
											289.257(ee)
											  of this title (relating to Packaging and Transportation of Radioactive Material) or may be determined by
											  procedures described in §
											289.257(ee)
											  of this title.
(137) Type B quantity--A quantity of radioactive
											  material greater than a type A quantity.
(138) Unescorted
											  access--Solitary access to an aggregated category 1 or category 2 quantity of radioactive material or the
											  devices that contain the material.
(139) Unrefined and
											  unprocessed ore-- Ore in its natural form prior to any processing, such as grinding, roasting or
											  beneficiating, or refining. Processing does not include sieving or encapsulation of ore or preparation of
											  samples for laboratory analysis.
(140) Unrestricted area
											  (uncontrolled area)--An area, or access to, which is neither limited nor controlled by the licensee. For
											  purposes of this chapter, "uncontrolled area" is an equivalent term.
(141) Very high radiation area--An area, accessible to individuals, in
											  which radiation levels from sources of radiation external to the body could result in an individual receiving
											  an absorbed dose in excess of 500 rads (5 Gy in one hour at 1 meter (m) from a source of radiation or from
											  any surface that the radiation penetrates. At very high doses received at high dose rates, units of absorbed
											  dose, gray and rad, are appropriate, rather than units of dose equivalent, Sv and rem.
(142) Veterinarian--An individual licensed by the Texas State Board of
											  Veterinary Medical Examiners.
(143) Waste--Low-level radioactive
											  wastes containing source, special nuclear, or byproduct material that are acceptable for disposal in a land
											  disposal facility. For the purposes of this definition, low-level radioactive waste means radioactive waste
											  not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material
											  as defined in paragraph (19)(B) - (E) of this subsection.
(144)
											  Week--Seven consecutive days starting on Sunday.
(145) Whole
											  body--For purposes of external exposure, head, trunk including male gonads, arms above the elbow, or legs
											  above the knee.
(146) Worker--An individual engaged in work under
											  a license or certificate of registration issued by the agency and controlled by a licensee or registrant, but
											  does not include the licensee or registrant.
(147) Working level
											  (WL)--Any combination of short-lived radon daughters in 1 liter of air that will result in the ultimate
											  emission of 1.3 x 105 MeV of potential alpha particle energy. The short-lived
											  radon daughters are--for radon-222: polonium-218, lead-214, bismuth-214, and polonium-214; and for radon-220:
											  polonium-216, lead-212, bismuth-212, and polonium-212.
(148)
											  Working level month (WLM)--An exposure to one working level for 170 hours--2,000 working hours per year
											  divided by 12 months per year is approximately equal to 170 hours per month.
(149) Year--The period of time beginning in January used to determine compliance
											  with the provisions of this chapter. The licensee may change the starting date of the year used to determine
											  compliance by the licensee provided that the change is made at the beginning of the year and that no day is
											  omitted or duplicated in consecutive years.