SECTION 4.603. Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Background radiation--Radiation at the ground surface from:

(A) cosmic sources;

(B) non-technologically enhanced naturally occurring radioactive material, including radon, except as a decay product of source or special nuclear material; or

(C) global fallout as it exists in the environment from the testing of nuclear explosive devices. "Background radiation" does not include sources of radiation from radioactive materials regulated by the TDH.

(2) Commission--The Railroad Commission of Texas or its designee.

(3) Disposal--Engaging in the act of discharging, depositing, injecting, dumping, spilling, leaking, or placing of any oil and gas NORM waste into or on any land or water, or causing or allowing any such act, so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including subsurface waters. For purposes of this subchapter, disposal of oil and gas NORM waste includes its management at the site (e.g., lease, unit, or facility) where disposal will occur when undertaken for the explicit purpose of facilitating disposal at that site. The term does not include decontamination activities, except for in-place mixing of oil and gas NORM waste to remedy historical contamination of the land surface and decontamination of equipment and facilities that become contaminated solely through disposal operations. In addition, the term does not include activities, including processing or treatment, that occur at a location other than the disposal site.

(4) Equipment--Oil and gas equipment used for production or disposal, including but not limited to pipes (tubulars), tanks, vessels, pumps, valves, flow lines, and connectors such as tees and elbows, provided that such equipment is or has been in contact with oil and gas waste or produced fluids or substances.

(5) Microroentgens per hour (µR/hr)--A measurement of exposure from x-ray and gamma ray radiation in air.

(6) NORM--Naturally occurring radioactive material.

(7) NORM-contaminated equipment--Equipment that, at any accessible point, exhibits a minimum radiation exposure level greater than 50 µR/hr including background radiation level.

(8) Oil and gas waste--Oil and gas waste as defined in §3.8 of this title (relating to Water Protection).

(9) Oil and gas NORM waste--Any solid, liquid, or gaseous material or combination of materials (excluding source material, special nuclear material, and by-product material) that:

(A) in its natural physical state spontaneously emits radiation;

(B) is discarded or unwanted;

(C) constitutes, is contained in, or has contaminated oil and gas waste; and

(D) prior to treatment or processing that reduces the radioactivity concentration, exceeds exemption criteria specified in 25 TAC §289.259(d) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)).

(10) Person--A natural person, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.

(11) Picocuries per gram (pCi/g)--A measure of the radioactivity in one gram of a material. One picocurie is that quantity of radionuclide(s) that decays at the rate of 3.7 x 10^-2 disintegrations per second.

(12) Radiation survey instrument--An instrument used to detect and measure radiation exposure levels from 1 µR/hr through at least 500 µR/hr.

Source Note: The provisions of this §4.603 adopted to be effective March 3, 2003, 28 TexReg 1838