SECTION 4.605. Identification of Equipment Contaminated with NORM

(a) Except as provided in subsection (b) of this section, within two years of the effective date of this rule, each person who owns or operates equipment used for production or disposal including each person who owns or operates equipment associated with a commercial facility, as defined in §3.78 (relating to Fees and Financial Security Requirements), shall identify NORM-contaminated equipment with the letters "NORM" by securely attaching a clearly visible waterproof tag or marking with a legible waterproof paint or ink. Employers whose employees speak languages other than English may add to the tag the translation of the acronym "NORM" in those languages as long as the acronym "NORM" is also on the tag.

(b) Within six months of the effective date of this rule, each person whom the Commission has notified that the person owns or operates NORM-contaminated equipment shall, on each lease that is the subject of the Commission notice, identify NORM-contaminated equipment with the letters "NORM" by securely attaching a clearly visible waterproof tag or marking with a legible waterproof paint or ink. Employers whose employees speak languages other than English may add to the tag the translation of the acronym "NORM" in those languages as long as the acronym "NORM" is also on the tag.

(c) For an interconnected equipment system such as a wellhead, flowline, or facility piping system, the owner or operator of the system may identify the system as a whole with tags or markings that provide notice to workers on that system that the equipment in the system may be NORM-contaminated. The owner or operator shall identify NORM-contaminated equipment that is removed from an interconnected equipment system:

(1) as individual pieces of equipment as provided in subsection (a) of this section, or

(2) as groups of equipment that are kept in a common container or are wrapped, bound or tied securely together. Grouped equipment shall be tagged or marked to provide notice that any piece of equipment in the group may be NORM-contaminated.

(d) Radiation survey instruments used to determine whether equipment is NORM-contaminated shall comply with regulations adopted by the TDH in 25 TAC §289.259(e) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)).

Source Note: The provisions of this §4.605 adopted to be effective March 3, 2003, 28 TexReg 1838; amended to be effective November 24, 2004, 29 TexReg 10732