(a) Sealed sources. Persons who receive, possess, or process sealed sources of radioactive material as radioactive waste from other persons are exempt from this section, provided that:
  (1) encapsulated sources are tested upon receipt and determined to have less than 0.005 microcurie of removable contamination; and
  (2) sealed sources of radioactive material remain in sealed form after receipt.
(b) Unsealed sources.
  (1) Persons who receive, possess, or process sources of radioactive material in unsealed form as radioactive waste from other persons are exempt from this section provided that:
    (A) the total radioactivity of all radioactive waste possessed at any one time does not exceed the applicable limits for Class I processing or storage facilities as described in §336.1207 of this title (relating to Radioactive Substances Processing and Storage Facility Classification); and
    (B) the total volume of radioactive waste processed in any one year does not exceed 50 cubic feet.
  (2) Persons who receive, possess, and store radioactive material in unsealed form as radioactive substances from other persons are exempt from this section provided that:
    (A) the radioactive substance consists only of radiopharmaceutical residues resulting from radiopharmaceuticals manufactured, compounded, and supplied by those persons receiving the radiopharmaceutical residues as radioactive waste;
    (B) the radioactive substance is held in storage for decay to background radiation levels; and
    (C) the radioactive substances is not shipped to a radioactive waste processing or disposal facility.
(c) Radioactive material. A person who receives, possesses, and stores radioactive material as waste from sites owned and controlled by that same person is not considered to have received waste from other persons.

Source Note: The provisions of this §336.1209 adopted to be effective February 28, 2008, 33 TexReg 1570