(a) Disposal of radioactive tracer materials used in the exploration, development or production of oil or gas or geothermal resources is exempt from licensing requirements for the disposal of radioactive substances under this chapter if the radioactive tracer materials are disposed of in accordance with this section.
(b) Radioactive tracers are eligible for exemption under this section if:
  (1) the possession, transportation, and use of the radioactive tracers are licensed or otherwise authorized by the Texas Department of State Health Services;
  (2) the non-water soluble radioactive tracers are in fluids that have been retrieved from a well used in the exploration, development or production of oil or gas or geothermal resources and such well is permitted or otherwise authorized by the Railroad Commission of Texas;
  (3) the total concentration of radioactivity for all isotopes disposed does not exceed 1,000 picocuries per gram (pCi/g), and the half-life of each isotope is 120 days or less; and
  (4) the radioactive tracers are non-water soluble.
(c) A person may dispose of radioactive tracers that are eligible for exemption under subsection (b) of this section in an on-site disposal pit that is permitted by the Railroad Commission of Texas for the disposal of oil and gas waste and is covered by at least two feet of clean soil.
(d) A person may dispose of radioactive tracers that are eligible for exemption under subsection (b) of this section in a Class II injection well permitted by the Railroad Commission of Texas for the disposal of oil and gas waste if the permit specifically authorizes the disposal of radioactive tracers.
(e) Any person who disposes of radioactive tracers exempted from licensing requirements under this section must maintain records related to the disposal, including method and location of disposal, identity of specific isotopes, estimated volume of the radioactive tracers, and total concentration of radioactivity for the isotopes disposed, and dates of disposal. The executive director may request records related to disposal of tracer materials under this section at any time.

Source Note: The provisions of this §336.227 adopted to be effective July 11, 2013, 38 TexReg 4379