26 Miss. Code. R. 2-1.69 - CONTROL OF OIL FIELD NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM)

1. Purpose and Scope

a. This rule provides regulations for control of oil field NORM to ensure that radiation exposures of workers and members of the general public resulting from oil field NORM are prevented, eliminated or reduced to acceptable levels in order to protect the public health, safety and environment.

b. No person shall receive, possess, use, transfer, own or acquire NORM as defined herein except as authorized in this section or as otherwise provided by State and Federal Regulations.

c. This rule applies to NORM that has been derived from the exploration and production activities of oil and gas operations within the territorial area of the State of Mississippi at oil and gas production facilities which, on or after July 1, 1995, were properly permitted by the Oil & Gas Board and which, on or after July 1, 1995, were active or properly reported as inactive on Oil & Gas Board Form 9-A.

d. It is the understanding of the Oil & Gas Board that the intent of the legislature is that location sites surrounding oil and gas production facilities which were abandoned prior to July 1, 1995 and/or not permitted by the Oil & Gas Board will continue to be regulated in the manner in which such sites were regulated prior to July 1, 1995.

2. Definitions

a.29 CFR 1910 - Department of Labor, Title 29, Code of Federal Regulations, Section 1910.96, "Ionizing Radiation".

b. 49 CFR - Department of Transportation, Title 49, Code of Federal Regulations, Subchapter C, "Hazardous Materials Regulations".

c. Accessible Locations - Locations and areas at an exploration/production facility that can be readily occupied by a human.

d. Activity - Disintegration rate of a radioactive material stated in dps, becquerels, [MICRO]Ci, nCi, pCi, or other acceptable units.

e. ANSI-N323 - American National Standards Institute, ANSI-N323-1978, "Radiation Instrumentation Test and Calibration", 1978.

f. Approval - An act of endorsing or adding positive authorization or both.

g. Background - the ambient radiation field to which we are exposed daily, originating from cosmic rays, naturally-occurring radionuclides ( K, etc.) and human endeavors (fallout, fuel cycle, etc.). This radiation field is variable and causes a survey meter to respond in the absence of NORM.

h. Board - The State Oil and Gas Board.

i. Caution Sign - Caution signs shall have the words "Caution - N.O.R.M. -Potential Health Risk" on the upper panel in three (3) inch upper-case yellow letters on a black background, and the words "No Trespassing - Authorized Personnel Only" on the lower panel in two (2) inch upper-case black letters on a yellow background.

j. Detector - A material or device that is sensitive to radiation and can produce a response signal suitable for measurement or analysis. A detector coupled to a ratemeter forms a radiation detection instrument.

k. Exploration/Production Site or Facility - A location where oil and/or gas production activities occur.

l. Exposure Rate - An indication of the potential for a human to incur a radiation dose. Exposure rates are measured in units of "microroentgen per hour" at a height of one meter (three feet) above a horizontal land surface and 0.3 meter (one foot) from the midpoint of a horizontal or vertical equipment surface. A microR meter with an internal or external probe is generally used for this measurement. For unrestricted release of equipment, the rates shall be measured at a distance of 2.5 centimeters (one inch) from the equipment surface.

m. Equipment - Tanks, valves, tubing, rods, pumps, tools, and other equipment commonly used at oil field exploration/production sites.

n. Gas - All natural gas, whether hydrocarbon or non-hydrocarbon or any combination or mixture thereof, including hydrocarbons, hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casing-head gas, occluded natural gas from coal seams, compressed air and all other hydrocarbons not defined as "oil".

o. Location Site or Sites - The surface of a property in close proximity to production wells, production equipment, or the location of known releases of production scale or sludge containing NORM.

p. May - The word may is used to denote permission.

q. MEMA - Mississippi Emergency Management Agency Form RAD 5-2, Form RAD 5-3 and RAD 5-4.

r. Milliroentgen per hour (mR/hr) - A unit of gamma exposure rate. In the oil field, one mR/hr shall be equivalent to 1,000 microR per hour ([MICRO]R/hr).

s. Millirem (mrem) - A unit of radiation dose. In the oil field, one mrem shall be equivalent to 1,000 microrem ([MICRO]rem).

t. Mississippi Department of Health Regulations - Regulations for Control of Radiation in Mississippi, Part 801.

u. NORM - Technologically-enhanced naturally-occurring radioactive materials consisting, primarily, or Ra (and daughter radiations) and Ra (and daughter radiations) that are derived from the exploration and production activities of oil and gas operations within the territorial area of the State of Mississippi.

v. Oil - Crude petroleum oil and all other hydrocarbons which are produced at a well in liquid form by ordinary production methods and which are not the result of condensation of gas.

w. Operator - Any person who, duly authorized, is in charge of the development of a lease or the operation of a producing well.

x. Producer - An owner of drilling rights in property subject to this rule who has acquired its rights in said property for the purposes of developing, producing or otherwise utilizing the natural resources of oil and gas.

y. Property - Lands lying within an area recognized by the Oil and Gas Board as being within a "Field" as defined in Miss. Code. Ann. -1-3(f).

z. Radiation Detection Instrument - A device, consisting of a detector and a ratemeter, that detects and records the characteristics of ionizing radiation.

aa. Radiation Surveyor - An individual who has training and experience in the following: Radioactivity measurements, monitoring techniques, and the use of instruments; conducting radiological surveys and evaluating results; evaluating exploration/production facilities for proper operations from a radiological safety standpoint; and familiarity with Board rules and regulations.

bb. Ratemeter - A read-out device that, when used with a detector forms a radiation detection instrument.

cc. Radioactive Material - Any solid, liquid or gaseous substance which emits radiation spontaneously.

dd. Radioactive Material Storage Area - An area where radioactive materials are stored or handled and where working conditions in the general area normally include consideration of radiological constituents as described in 29 CFR 1910.96 and Mississippi Department of Health Regulations.

ee. Release criterion (criteria) - A level of exposure rate or surface count rate, below which an item, device or property may be released for unrestricted use.

ff. Restricted Use - Equipment, components, materials, land areas (property), and other items that, by virtue of their levels of fixed and/or removable NORM are maintained under the control of the operator or transferred to another producer for similar use.

gg. Rule 68 - Oil and Gas Board Statewide Rule 68, "Disposal of Naturally Occurring Radioactive Materials (NORM) Associated with the Exploration and Production of Oil and Gas".

hh. Shall - The word shall is to be understood as a requirement.

ii. Should - The word should is to be understood as a recommendation.

jj. Surface Disintegration Rate - An indication of the amount of radioactivity deposited on the surface of equipment. Surface disintegration rates are measured in units of disintegrations per minute per 100 cm area, with the window entrance of a Geiger counter radiation detector positioned approximately one (1) centimeter from the surface of interest. The surface disintegration rate is obtained by multiplying the count rate of the detector by the following correction factor:

CF = 100 ,

(eff) Area

where "eff" is the detector counting efficiency, determined from instrument calibration, and "Area" is the active area of the detector in units of "square centimeter."

kk. Survey - Evaluation of the radiological conditions at location sites incident to the production, use, release or presence of NORM.

ll. Total Effective Dose Equivalent (TEDE) - The sum of the deep dose equivalent (for external exposures) and the committed effective dose equivalent (for internal exposures). The TEDE is generally expressed in units of "millirem".

mm. Unrestricted Use - Equipment, components, materials, land areas (property), and other items that may be used, transferred, sold, or disposed of without regard for their radiological constituents.

3. Standard

a. Oil field exploration and production sites shall be operated and released in a fashion that ensures a TEDE of less than 100 millirem per calendar year due to exploration/production activities for workers and members of the general public.

b. Operations or operating site conditions that may cause workers or members of the general public to exceed 100 millirem TEDE in a calendar year due to exploration/production activities shall be controlled pursuant to Mississippi Department of Health regulations.

4. Surveys

a. Operators shall perform surveys of location sites, as necessary, to evaluate:

i. The magnitude of exposure rates in the vicinity of equipment;

ii. The magnitude of exposure rates above ground surfaces; and

iii. Radiological conditions in the event of non-routine circumstances including, but not limited to, equipment repairs, equipment maintenance, site maintenance, accidents and spills any of which result in release of production scales or sludges onto the surface.

b. All surveys shall be performed by a radiation surveyor.

c. Ground surface surveys shall be performed in accordance with generally accepted survey practices and, at a minimum, shall report the maximum readings for each 1 meter x 1 meter grid area over the well head, tank battery site, heater treater site, all surface pipe areas and other areas of the location site where contamination is likely to occur. Elsewhere on the location site, the maximum readings for each 10 meter x 10 meter grid area shall be reported.

d. All surveys shall be documented on Board Form No. 21 or on a form that contains equivalent information to Board Form No. 21.

e. Surveys shall be performed with a radiation detection instrument in accordance with the following requirements:

i. Radiation detection instruments shall be of sufficient sensitivity and accuracy to assess the radiation exposure rates from NORM found at exploration/production sites.

ii. Instruments shall be calibrated according to the guidelines of ANSI-N323 at least once every 12 months and following any repairs to the ratemeter and/or detector, with a radiation source traceable to the National Institute of Standards and Technology.

iii. The battery status and the response of the instrument to radiation from a check source shall be checked and recorded prior to the day's use.

f. If a survey documented on Board Form No. 21 (or equivalent) has not been performed at a location site, an initial survey shall be performed within one (1) year of the effective date of this Rule for wells permitted on or before the effective date of this Rule. For wells which are permitted after the effective date of this Rule, the initial survey shall be performed prior to the start of exploration/production operations and again two (2) years after the start of exploration/production operations.

g. After the initial survey of location sites, routine surveys shall be performed every five (5) years during exploration/production activities if the maximum exposure rate recorded in the last survey exceeds 50 microR per hour above background. Otherwise, they shall be performed every ten (10) years.

h. Surveys shall also be performed as necessary to evaluate radiological conditions in the event of non-routine circumstances as described in Section 4.a.iii. above.

5. Criteria for Site Operations

a. Personnel performing work at an exploration/production facility shall be trained in the hazards of the workplace pursuant to 29 CFR 1910.96(i).

b. Site access shall be controlled as follows:

i. Access to an exploration/production site with exposure rates in excess of 250 microR per hour above background in accessible locations shall be controlled by posting Caution Signs at the perimeter of the property which shall be visible from any and all accessible locations.

ii. Access to an exploration/production site with exposure rates in excess of 700 microR per hour above background in accessible locations shall be controlled by fencing the immediate area with a five foot high field fence or chain-link fence and by posting Caution Signs on the fence. The fence shall be located to restrict maximum exposure rates to 250 microR per hour above background.

iii. Access to an exploration/production site with exposure rates in excess of 5,000 microR per hour above background in accessible locations shall be controlled by fencing the immediate area with a five foot high field fence or chain-link fence, posting Caution Signs on the fence, and posting signs as required in 801.D.903(c) of the Mississippi Department of Health Regulations and 29 CFR 1910.96 at the location(s) where 5,000 microR per hour is exceeded.

iv. The limits contained in subsections (i) through (ii) are based on limited stay times. If it is anticipated that extended stay times might occur, the operator shall complete one of the following:

(1) Take actions to reduce the dose rate to which personnel are exposed (e.g., time, distance, shielding); or

(2) Establish a radiation protection program pursuant to Mississippi Department of Health regulations.

v. Operators shall be responsible for notifying all contractor personnel of the dose rates present at the facility(ies) where work will be performed. Once notified, the contractor shall be responsible for compliance with this rule.

vi. An operator may request an exception to the fencing requirements set forth above. Any such request shall be in writing to the Supervisor. Upon good cause shown, the Supervisor, in his or her discretion, may grant such an exception. Such written request and any response thereto shall be made a part of the applicable well file(s).

c. Site maintenance shall be controlled as follows:

i. Maintenance activities at sites with a maximum exposure rate of less than 50 microR per hour above background shall require no controls.

ii. Maintenance activities at sites with a maximum exposure rate in excess of 50 microR per hour above background shall require the prudent use of dust masks, or water sprays or other dust control methods as appropriate.

iii. Land maintenance and equipment maintenance/repair that may cause workers or contract personnel to exceed 100 millirem TEDE in a calendar year shall require control/licensing pursuant to Mississippi Department of Health Regulations.

6. Release of Property

a. Transfer to another producer.

i. Property may be transferred to another producer without regard for its radiological constituents.

ii. Copies of the most recent radiation survey documents shall be transmitted by the operator to the new producer prior to the property transfer.

b. Release for unrestricted use.

i. A production site may be released for unrestricted use after:

(1) All equipment contaminated to levels above the release criteria in 7.b.i. and 7.b.ii. has been removed from the property;

(2) A survey of the location site surface demonstrating that the property does not exhibit an exposure rate at any discrete point in excess of 50 microR per hour above background has been completed, documented, and furnished to the site owner; and

(3) A survey on the location site of exposure rates in at least five (5) boreholes per acre, with a minimum of three (3) boreholes per site, showing a maximum exposure rate less than 200 microR per hour including background. At least one (1) borehole shall be drilled at the location of the maximum surface exposure rate measurement. All boreholes shall be at least one meter deep, and shall be measured at 0.15 meter intervals.

ii. Land area remediation may be performed by the following methodologies in order to achieve the release criteria listed in 6.b.i.(2):

(1) No action;

(2) Excavating and transferring discrete areas of soil to a radioactive material storage area or for disposal under Rule 68; or

(3) Other remedial actions as approved, in advance, by the Board.

7. Criteria for Release of Equipment

a. Equipment may be transferred to another producer without regard for its radiological constituents.

b. Equipment that is released for unrestricted use shall:

i. Exhibit a surface disintegration rate on accessible internal and external surfaces of no greater than an equivalent of 2,000 dpm per 100 cm² above background; and

ii. Exhibit an exposure rate at a distance of 2.5 centimeters (1 inch) from the equipment surface of no greater than 25 microR per hour above background.

8. Records

a. The following records shall be maintained by the operator at the local operations office for the duration of operations at the site:

i. Site survey records;

ii. Instrument calibration records;

iii. Material transfer records; and

iv. Records setting forth the qualifications of the radiation surveyor.

b. The form of records may be paper copy or film copy of an original paper form.

c. Electronic records shall have an associated paper copy.

d. All such records shall be maintained by the operator for a minimum of ten (10) years after a property has been released for unrestricted use.

9. Exceptions

Except where otherwise stated, exceptions to any part of the above rule may be allowed upon good cause shown and upon proper Notice and Hearing of a petition filed with the Board requesting same.

10. Effective Date

This Statewide Rule (Rule 69), Board Order Number 73-96 shall take effect and be in force from and after June 1, 1996.

11. Validity

Should any section, subsection or other provision of this rule be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the rule as a whole or any part thereof, other than the part so declared to be invalid, this Board hereby declaring that it would have adopted those parts of this rule which are valid and omitted any parts which may be invalid, if it had known that such part of parts were invalid at the time of the adoption of this rule.

Notes

26 Miss. Code. R. 2-1.69

MCA Section 53-1-17(3) (1972)