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TEXAS ADMINISTRATIVE CODE
TITLE 30. ENVIRONMENTAL QUALITY
PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 336. RADIOACTIVE SUBSTANCE RULES
SUBCHAPTER D. STANDARDS FOR PROTECTION AGAINST RADIATION
Date:
03/20/2014
Document:
§ 336.357. Increased Controls for Licensees that Possess Sources Containing Radioactive Material Quantities of Con-cern
Licensees possessing sources containing radioactive material, at any given time, in quantities greater than or equal to the quantities of concern listed in paragraph (11) of this section shall:
(1) control access at all times to radioactive material in quantities of concern and devices containing such radioac-tive material (devices) in accordance with paragraph (11) of this section; and
(2) limit access to such radioactive material and devices to only approved individuals who require access to per-form their duties.
(A) The licensee shall allow only trustworthy and reliable individuals, approved in writing by the licensee, to have unescorted access to radioactive material quantities of concern and devices.
(B) The licensee shall approve for unescorted access only those individuals with job duties that require access to such radioactive material and devices. Personnel who require access to such radioactive material and devices to per-form a job duty, but who are not approved by the licensee for unescorted access, must be escorted by an approved individual.
(C) For individuals employed by the licensee for three years or less, and for non-licensee personnel, such as physi-cians, physicists, house-keeping personnel, and security personnel under contract, trustworthiness and reliability shall be determined, at a minimum, by verifying employment history, education, and personal references. The licensee shall also, to the extent possible, obtain independent information to corroborate that provided by the employee (i.e., seeking references not supplied by the individual). For individuals employed by the licensee for longer than three years, trustworthiness and reliability shall be determined, at a minimum, by a review of the employees' employment history with the licensee.
(D) Service providers shall be escorted unless determined to be trustworthy and reliable by an NRC required background investigation as an employee of a manufacturing and distribution licensee. Written verification attesting to or certifying the person's trustworthiness and reliability shall be obtained from the manufacturing and distribution licensee providing the service.
(E) The licensee shall document the basis for concluding that there is reasonable assurance that an individual granted unescorted access is trustworthy and reliable, and does not constitute an unreasonable risk for unauthorized use of radioactive material quantities of concern. The licensee shall maintain a list of persons approved for unescorted access to such radioactive material and devices by the licensee.
(3) Each licensee shall have a documented program to monitor and immediately detect, assess, and respond to unauthorized access to radioactive material quantities of concern and devices in use or in storage. Enhanced monitor-ing shall be provided during periods of source delivery or shipment, where the delivery or shipment exceeds 100 times the values listed in paragraph (11) of this section.
(A) The licensee shall respond immediately to any actual or attempted theft, sabotage, or diversion of such radio-active material or of the devices. The response shall include requesting assistance from a Local Law Enforcement Agency (LLEA).
(B) The licensee shall have a pre-arranged plan with LLEA for assistance in response to an actual or attempted theft, sabotage, or diversion of such radioactive material or of the devices which is consistent in scope and timing with a realistic potential vulnerability of the sources containing such radioactive material. The pre-arranged plan shall be updated when changes to the facility design or operation affect the potential vulnerability of the sources.
(C) The licensee shall have a dependable means to transmit information between, and among, the various com-ponents used to detect and identify an unauthorized intrusion, to inform the assessor, and to summon the appropriate responder.
(D) After initiating appropriate response to any actual or attempted theft, sabotage, or diversion of radioactive material or of the devices, the licensee shall, as promptly as possible, notify the Office of Compliance and Enforcement 24-hour Emergency Response at 800-832-8224.
(E) The licensee shall maintain documentation describing each instance of unauthorized access and any necessary corrective actions to prevent future instances of unauthorized access.
(4) In order to ensure the safe handling, use, and control of licensed material in transportation for domestic highway and rail shipments by a carrier other than the licensee, for quantities that equal or exceed but are less than 100 times those listed in paragraph (11) of this section, per consignment, the licensee shall:
(A) use carriers which: (i) use package tracking systems; (ii) implement methods to assure trustworthiness and re-liability of drivers; (iii) maintain constant control and/or surveillance during transit; and (iv) have the capability for immediate communication to summon appropriate response or assistance;
(B) verify and document that the carrier employs the measures in subparagraph (A) of this paragraph;
(C) contact the recipient to coordinate the expected arrival time of the shipment;
(D) confirm receipt of the shipment; and
(E) initiate an investigation to determine the location of the licensed material if the shipment does not arrive on or about the expected arrival time. When, through the course of the investigation, it is determined the shipment has become lost, stolen, or is missing, the licensee shall immediately notify the Office of Compliance and Enforcement 24-hour Emergency Response at 800-832-8224. If, after 24 hours of investigating, the location of the material still cannot be determined, the radioactive material shall be deemed missing and the licensee shall immediately notify the Office of Compliance and Enforcement 24-hour Emergency Response at 800-832-8224.
(5) For domestic highway and rail shipments, prior to shipping licensed radioactive material that exceeds 100 times the quantities in paragraph (11) of this section per consignment, the licensee shall:
(A) Notify the United States Nuclear Regulatory Commission (NRC) Director, Office of Federal and State Materials and Environmental Management Programs, United States Nuclear Regulatory Commission, Washington, DC 20555, in writing, at least 90 days prior to the anticipated date of shipment. The NRC will issue the Order to implement the Ad-ditional Security Measures (ASMs) for the transportation of Radioactive Material Quantities of Concern (RAM QC). The licensee shall not ship this material until the ASMs for the transportation of RAM QC are implemented or the licensee is notified otherwise, in writing, by the NRC.
(B) Once the licensee has implemented the ASMs for the transportation of RAM QC, the notification requirements in subparagraph (A) of this paragraph shall not apply to future shipments of licensed radioactive material that exceeds 100 times the quantities listed in paragraph (11) of this section. The licensee shall implement the ASMs for the trans-portation of RAM QC.
(6) If a licensee employs an Manufacturer/Distributor (M&D) licensee to take possession at the licensee's location of the licensed radioactive material and ship it under its M&D license, the requirements of paragraphs (4) and (5)(A) and (B) of this section shall not apply.
(7) If the licensee is to receive radioactive material greater than or equal to the quantities in paragraph (11) of this section, per consignment, the licensee shall coordinate with the originator to:
(A) establish an expected time of delivery; and
(B) confirm receipt of transferred radioactive material. If the material is not received at the expected time of de-livery, notify the originator and assist in any investigation.
(8) Each licensee who possesses mobile or portable devices containing radioactive material in quantities greater than or equal to the values listed in paragraph (11) of this section, shall:
(A) For portable devices, have two independent physical controls that form tangible barriers to secure the material from unauthorized removal when the device is not under direct control and constant surveillance by the licensee.
(B) For mobile devices: (i) that are only moved outside of the facility (e.g., on a trailer), have two independent physical controls that form tangible barriers to secure the material from unauthorized removal when the device is not under direct control and constant surveillance by the licensee. (ii) that are only moved inside a facility, have a phys-ical control that forms a tangible barrier to secure the material from unauthorized movement or removal when the device is not under direct control and constant surveillance by the licensee.
(C) For devices in or on a vehicle or trailer, licensees shall also utilize a method to disable the vehicle or trailer when not under direct control and constant surveillance by the licensee.
(9) The licensee shall retain documentation required by these increased controls for inspection by the executive director for three years after they are no longer effective.
(A) The licensee shall retain documentation regarding the trustworthiness and reliability of individual employees for three years after the individual's employment ends.
(B) Each time the licensee revises the list of approved persons required by paragraph (2)(E) of this section, or the documented program required by paragraph (3) of this section, the licensee shall retain the previous documentation for three years after the revision.
(C) The licensee shall retain documentation on each radioactive material carrier for three years after the licensee discontinues use of that particular carrier.
(D) The licensee shall retain documentation on shipment coordination, notifications, and investigations for three years after the shipment or investigation is completed.
(E) After the license is terminated or amended to reduce possession limits below the quantities of concern, the li-censee shall retain all documentation required by these increased controls for three years.
(10) Detailed information generated by the licensee that describes the physical protection of radioactive material quantities of concern, is sensitive information and shall be protected from unauthorized disclosure.
(A) The licensee shall control access to its physical protection information to those persons who have an estab-lished need to know the information, and are considered to be trustworthy and reliable.
(B) The licensee shall develop, maintain, and implement policies and procedures for controlling access to, and for proper handling and protection against unauthorized disclosure of, its physical protection information for radioactive material covered by these requirements. The policies and procedures shall include the following: (i) general perfor-mance requirement that each person who produces, receives, or acquires the licensee's sensitive information, protect the information from unauthorized disclosure; (ii) protection of sensitive information during use, storage, and transit; (iii) preparation, identification or marking, and transmission; (iv) access controls; (v) destruction of documents; (vi) use of automatic data processing systems; and (vii) removal from the licensee's sensitive information category.
(11) Radionuclide quantities of concern. The following methods shall be used to determine which sources of radi-oactive material require increased controls:
(A) include any single source equal to or greater than the quantity of concern;
(B) include multiple collocated sources of the same radionuclide when the combined quantity equals or exceeds the quantity of concern;
(C) for combinations of radionuclides, include multiple collocated sources of different radionuclides when the ag-gregate quantities satisfy the following unity rule: ((amount of radionuclide A) / (quantity of concern of radionuclide A)) + ((amount of radionuclide B) / (quantity of concern of radionuclide B)) + etc... 1; and
(D) The following table contains quantities of radioactive materials to be used in determining a quantity of concern.
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