(a) Applicability. Except in the case of onsite disposal that meets the requirements of §4.614(c) and (d) of this title (relating to Authorized Disposal Methods), no person may dispose of oil and gas NORM waste by burying it or by applying it to and mixing it with the land surface without first obtaining a permit under §3.8 of this title (relating to Water Protection). The provisions of this section apply in the case of permits for such surface or near-surface disposal methods.
(b) Standards for permit issuance. The Commission shall issue a permit to dispose of oil and gas NORM waste under §3.8 of this title only if the Commission determines that the subject oil and gas NORM waste will be disposed of in a manner that protects public health, safety, and the environment. Any permit to dispose of oil and gas NORM waste issued pursuant to §3.8 of this title shall contain construction and operating requirements that are reasonably necessary to protect public health, safety, and the environment. In addition, the Commission shall issue a permit for burial of oil and gas NORM waste only if, prior to burial, the oil and gas NORM waste has been treated or processed so that the radioactivity concentration does not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other NORM radionuclide. The Commission shall issue a permit to dispose of oil and gas NORM waste by applying it to and mixing it with the land surface only if, after such application and mixing, the radioactivity concentration in the area where the oil and gas NORM waste was applied and mixed will not exceed 30 pCi/g Radium-226 combined with Radium-228 or 150 pCi/g of any other NORM radionuclide.
(c) NORM information. In addition to the application requirements of §3.8 of this title, an applicant for surface or near-surface disposal of oil and gas NORM waste shall include the information specified in this paragraph. The Commission may require the applicant to provide any such additional information as may be necessary to show that the proposed disposal will protect public health, safety, and the environment.
  (1) The applicant shall describe the physical nature (such as pipe scale, contaminated soil, basic sediment) of the oil and gas NORM waste to be disposed of.
  (2) The applicant shall state the total volume of oil and gas NORM waste to be disposed of or the proposed rate of oil and gas NORM waste disposal.
  (3) If the oil and gas NORM waste has been treated or processed to reduce the radioactivity concentration under a specific license issued by the TDH, the applicant shall state the maximum measured radioactivity level (in pCi/g of Radium-226 combined with Radium-228 for soil or other media such as pipe scale, contaminated soil, basic sediment, etc.). If the oil and gas NORM waste will be treated or processed at the disposal site to reduce the radioactivity concentration, the applicant shall state the maximum measured radioactivity level (in pCi/g of Radium-226 combined with Radium-228, and any other NORM radionuclide, for soil or other media such as pipe scale, contaminated soil, basic sediment, etc.).
  (4) The applicant shall include the background radioactivity concentration (in pCi/g of Radium-226 combined with Radium-228) of the disposal area.
  (5) The applicant shall describe all methods to be used to control dust from the oil and gas NORM waste during disposal.
  (6) The applicant shall include written authorization from the surface owner, if different from the applicant, for disposal of oil and gas NORM waste on the surface owner's property.
(d) Notice requirements. The applicant shall give notice of an application for a permit to dispose of oil and gas NORM waste under this section as required in §3.8 of this title and such notice shall include the information required in subsection (c)(1) - (5) of this section.

Source Note: The provisions of this §4.620 adopted to be effective March 3, 2003, 28 TexReg 1838; amended to be effective February 3, 2011, 36 TexReg 410