Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose. The
purpose of this Memorandum of Understanding (MOU) is to delineate areas of
respective jurisdiction and to coordinate the respective responsibilities and
duties of the DSHS and the RRC in the regulation of sources of radiation in
accordance with Texas Health and Safety Code (HSC), §401.414, to provide a
consistent approach and to avoid duplication. Nothing in this MOU shall be
construed to reduce the statutory authority of either agency.
(b) Definitions. The words and terms used in
this section shall have the same meaning as defined in HSC, §401.003,
unless the context clearly indicates otherwise. Oil and gas NORM (naturally
occurring radioactive material) waste is defined in HSC, §401.003(27), as
solid, liquid, or gaseous material or combination of materials, excluding
source material, special nuclear material, and by-product material, that:
(1) in its natural physical state
spontaneously emits radiation;
(2)
is discarded or unwanted;
(3) is
not exempt by DSHS rule adopted under HSC, §401.106; and
(4) constitutes, is contained in, or has
contaminated oil and gas waste as that term is defined in Texas Natural
Resources Code, §
91.1011.
(c) General agency jurisdiction.
The jurisdictional authority for each agency is as follows.
(1) RRC jurisdiction. In accordance with HSC,
§401.415 (relating to Oil and Gas Naturally Occurring Radioactive Material
(NORM) Waste), the RRC has sole authority:
(A) to regulate and issue licenses, permits,
and orders for the disposal of oil and gas NORM waste; and
(B) in order to protect public health and
safety and the environment, to require the owner or operator of oil and gas
equipment used in exploration, production, or disposal to determine whether the
equipment contains or is contaminated with oil and gas NORM waste and identify
any equipment determined to contain or be contaminated with oil and gas
NORM.
(2) DSHS
jurisdiction. The DSHS has jurisdiction to regulate and license the possession,
receipt, use, handling, transfer, transport, and storage of all radioactive
material in accordance with HSC, §401.003(3)(A). The DSHS has sole
jurisdiction to regulate and register or license the use or service of
electronic products as defined in HSC, §401.003(9). HSC, §401.106,
gives the DSHS the authority, through rulemaking by the executive commissioner
of the Texas Health and Human Services Commission, to exempt a source of
radiation or a kind of use or user from licensing or registration
requirements.
(d)
Jurisdiction over specific activities and wastes. Each agency has the following
responsibilities.
(1) Disposal activities.
The RRC has jurisdiction over the disposal of oil and gas NORM waste. For
purposes of this MOU, disposal is defined in §
4.603(3) of this
title (relating to Definitions) as "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."
(2) Decontamination activities. The DSHS has
jurisdiction over 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.
(3)
Transportation activities. The DSHS has jurisdiction over the transportation of
oil and gas NORM waste.
(4)
Radioactive logging tools. The DSHS has jurisdiction over radioactive logging
tools used during normal operations by the licensee. The RRC and the DSHS have
jurisdiction over radioactive logging tools that are abandoned down
hole.
(5) Radioactive tracers. The
DSHS has jurisdiction over radioactive tracers used in normal operations by the
licensee. The RRC has jurisdiction over Class II injection wells into which
well logging screen out wastes (well returns) may be disposed in accordance
with 25 TAC §
289.253(u)(3)
(relating to Radiation Safety Requirements for Well Logging Service Operations
and Tracer Studies).
(6) NORM
contaminated equipment. The DSHS has jurisdiction over NORM-contaminated
equipment, except as stated in subsection (c)(1) of this section, and with
respect to the RRC requirements for identification of equipment contaminated
with oil and gas NORM in §
4.605(u)(3) of
this title (relating to Identification of Equipment Contaminated with
NORM).
(7) Recycling/scrap yards.
The RRC has jurisdiction over the disposal of NORM-contaminated scale from oil
and gas equipment that is managed at a pipe yard, scrap yard, or recycling
facility. However, the decontamination of NORM-contaminated pipe and other
equipment at any facility is under the jurisdiction of the DSHS. A
DSHS-specific license is required to perform the removal of NORM-contaminated
scale on the ground at a pipe yard, scrap yard, or recycling facility in
accordance with 25 TAC §
289.259(i)
(relating to Licensing of Naturally Occurring Radioactive Material (NORM)). The
removed NORM waste requires disposal in accordance with RRC
regulations.
(e)
Coordination of regulatory activities. The DSHS and the RRC shall coordinate
with each other in the following activities.
(1) The DSHS and the RRC each agree to work
together to ensure that complete regulation is maintained for radioactive
materials and other sources of radiation associated with oil and gas
exploration, development, and production operations. The DSHS and the RRC each
agree to coordinate rulemaking activities between the two agencies and the
Texas Radiation Advisory Board (TRAB) to ensure consistency of regulation in
accordance with HSC, 401.020. In addition, the RRC agrees to coordinate with
the DSHS in the preparation of the annual evaluation and report to the
Legislative Budget Board as required under the Texas Government Code, §
2110.006 and §
2110.007. The DSHS
and the RRC each agree to seek, and consider, advice from the TRAB on issues
that involve management or disposal of NORM waste generated in connection with
oil or gas exploration, development, or production operations.
(2) The DSHS and the RRC each agree to
coordinate rulemaking activities that pertain to the requirements of the
agreement between the State of Texas and the United States Nuclear Regulatory
Commission, as amended, and to ensure that rules and guidelines are compatible
with federal regulatory programs. Each agency agrees to coordinate with the
other by providing information on any proposed legislation relating to the
regulation of radioactive substances.
(3) The DSHS and the RRC each agree to meet
as needed to discuss possible changes in this MOU and to encourage increased
communication between the agencies.
(4) The DSHS and the RRC each agree to
coordinate with the other agency with respect to activities involving
radioactive sources that are lodged, abandoned, or lost down hole. Prior to
approving abandonment procedures, tool recovery, well re-entry, and corrective
action when a radioactive source has been breached or radiation otherwise
escapes the source, the RRC will assure coordination with and concurrence from
DSHS.
(f) Coordination
of enforcement and incident response activities. The DSHS has responsibility
for enforcement of the conditions of its licenses and rules. The RRC has
jurisdiction for enforcement of the conditions of its permits and rules. Each
agency will refer to the other agency any complaints received that are the
responsibility of the other agency. When deemed appropriate by both agencies,
the RRC and the DSHS may jointly enforce permit and license terms and
conditions, make joint inspections and incident investigations, and cooperate
on enforcement actions. Each agency shall retain the authority to undertake
separate enforcement or legal actions.
(g) Mutual assistance. The DSHS and the RRC
may each request from the other agency short-term assistance of personnel or
resources when there is need for such assistance, such as for performing
training, environmental or public health or safety monitoring, or technical
reviews. Each agency will provide the requested assistance to the extent
possible without disrupting its own required activities.
(h) Miscellaneous.
(1) The RRC and the DSHS agree to revise
their respective rules and procedures as needed to implement this
MOU.
(2) If any provision of this
MOU is held to be invalid, the remaining provisions shall not be
affected.
(i) Effective
date. This MOU will take effect after approval by both agencies and 20 days
after the date on which it is filed in the Office of the Secretary of State in
accordance with the provisions of Texas Government Code, §
2001.036. This MOU
will remain in effect until rescinded by either agency.