Texas Register, Volume 8, Number 30, Pages 1363-1438, April 29, 1983 Page: 1,400
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TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 289. Occupational Health
and Radiation Control
Control of Radiation
25 TAC 289.1
The Texas Department of Health proposes amend-
ments to 289. 1, concerning the control of radiation.
The amendments will reflect changes made in the
Texas Regulations for the Control of Radiation, Parts
36, 43, 44, and the addition of a new Part 13. These
parts are adopted by -eference in 289.1. A more
detailed description follows.
Part 36, titled "Radiation Safety Requirements for
Wireline Service Operations and Subsurface Tracer
Studies," will be amended by changing 36.108,
regarding design and performance criteria for sealed
radioactive sources used in downhole operations. The
amendment changes the pressure testing requirement
to meet current federal guidelines and sets specifica-
tions on persons who may certify source criteria. The
amendment will require all sealed radioactive sources
used in downhole operations to meet the current
federal guidelines by 1984.
Part 13 titled, "Hearing and Enforcement Proce-
dures," is proposed as an addition to the rules. This
part will govern the conduct of administrative pro-
ceedings for granting, denying, renewing, transferring,
amending, suspending, revoking, or annulling any
license, and for determining compliance with or grant-
ing of exemptions from agency rules or orders. Part
13 also consolidates current agency rules which ad-
dress hearing procedures. Therefore, Parts 43 and 44
are proposed to be amended to delete 43.100, 43.
105, 44.100, 44.102, and 44.103 from the current
Texas Regulations for Control of Radiation because
they are now contained in Part 13.
Stephen Seale, chief accountant Ill, has determined
that for the first five-year period the rule will be in ef-
fect there will be fiscal implications as a result of en-
forcing or administering the rule as proposed.
The effect on state government will be an estimated
additional cost of $71,554 for each year from 1984-
1988. There is no anticipated effect on local govern-
ment.
Mr. Seale has also determined that for each year of
the first five years the rule as proposed is in effect the
public benefit anticipated as a result of enforcing or
administering Part 13 as proposed will be the rule con-
solidation of agency procedures for hearing requests
and operations. It also sets forth clearly the agency's
policy for enforcing rules pertaining to the control of
radiation. The public benefit anticipated as a result of
enforcing the amendments to Part 36 will be the
allowance of a slight difference from the original rule
in pressure testing criteria. It will also help ensure that
testing of the radioactive sources is performed only
by persons qualified to do so.The anticipated econormc cost to individuals who are
required to comply with Part 13 will be dependent on
the extent of preparation and whether the party re-
questing a hearing avails themselves of an attorney.
This cost could range from $0 to $500. The an-
ticipated economic cost to individuals who are re-
quired to comply with Part 36 will depend on the size
of the corporation and the number of sources which
will require testing and certification. At $50 per
source. the cost could range from $50 to $10,000.
Comments on the proposal may be submitted to Ruth
E. McBurney, Bureau of Radiation Control, Texas
Department of Health, 1100 West 49th Street,
Austin, Texas 78756, (512) 835.7000. Public com-
ments will be received for 30 days follc wing publica-
tion of these amendments in the Texas Register. In
addition, public hearings will be held to consider these
amendments on Tuesday, May 10, 1983, in the con-
ference room of the Bureau of Radiation Control, 1212
East Anderson Lane, Austin, Texas. The hearing for
Part 36 will begin at 8:30 a.m., and the hearing for
Part 13 will begin at 10 a.m.
The amendments are proposed under l exas Civil
Statutes, Article 4590f, 4(d)(3), which provides the
Texas Department of Health with the authority to
adopt rules relating to control and transport of sources
of radiation in the State of Texas.
289.1. Control of Radiation Generally.
(a) The Texas Department of Health adopts by
reference the rules contained in the department's docu-
ment titled "Texas Regulations for the Control of Radia-
tion," which consists of the following parts and the dates
they have been amended:
(I) (No change.)
(2) Part 13, "Hearing and Enforcement Pro-
cedures," added in July 1983.
(3)((2)] Part 21, "Standards for Protection
Against Radiation," as amended in October 1981.
(4)1(3)] Part 22, "Notices, Instructions, and
Reports to Workers; Inspections," as amended in May
1977.
(5)[(4)) Part 31, "Radiation Safety Requirements
for Industrial Radiographic Operations," as amended in
May 1977.
(6)1(5)j Part 32, "Use of X-Rays in the Healing
Arts and Veterinary Medicine," added in May 1977.
(7)1(6)) Part 33, "Use of Sealed Radioactive
Sources in the Healing Arts," as amended in May 1977.
(8)((7)j Part 34, "Radiation Safety Requirements
for Analytical X-Ray Equipment," as amended in May
1977.
(9)((8) Part 35, "Radiation Safety Requirements
for Particle Accelerators," as amended in May 1977.
(10)1(9)1 Part 36, "Radiation Safety Require-
ments for Wireline Service Operations and Subsurface
Tracer Studies," as amended in July 1983 (added in May
19821.
(11)(10)) Part 41, "Licensing of Radioactive
Material," as amended in January 1983.
(12)(( 11) Part 42, "Registration of Radiation
Machines and Services," added in May 1977.8 TexReg 1400 April 29, 1983
Texas
Register
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Texas. Secretary of State. Texas Register, Volume 8, Number 30, Pages 1363-1438, April 29, 1983, periodical, April 29, 1983; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244647/m1/38/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.