3701:1-43-01. Definitions

Terms defined in rule 3701:1-38-01 of the Administrative Code shall have the same meaning when used in this chapter except terms redefined within a given rule for use within that rule only, and additionally, as used in Chapter 3701:1-43 of the Administrative Code:

(A) "Beneficial to the product" means that the radioactivity of the technologically enhanced naturally occurring radioactive material (TENORM) is necessary to the use of the product.

(B) "Commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of the environment.

(C) "Conditional release" means release by a licensee for a specified use other than release for unrestricted use.

(D) "Consumer" means a member of the public exposed to TENORM from final end-use products available on a retail basis.

(E) "Consumer or retail product" means any product, article, or component part thereof, produced, distributed or sold for use by a consumer in or around a permanent or temporary household or residence, or for the personal use, consumption, or enjoyment of a consumer, or for use in or around a school or playground.

(F) "Product" means something produced, made, manufactured, refined, or beneficiated.

(G) "Reasonably maximally exposed individual" means a representative of a population who is exposed to TENORM at the maximum TENORM concentration measured in environmental media found at a site along with reasonable maximum case exposure assumptions. The exposure is determined by using maximum values for one or more of the most sensitive parameters affecting exposure, based on cautious but reasonable assumptions, while leaving the others at their mean value.

(H) "Technologically Enhanced Naturally Occurring Radioactive Material (TENORM)" means naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. TENORM does not include drill cuttings, or natural background radiation. TENORM does not include "source material" and "byproduct material" as both are defined in rule 3701:1-38-01 of the Administrative Code.

(I) "Transfer" means the physical relocation of TENORM within a business' operation, or between general or specific licensees. This term does not include commercial distribution. This term does not include a change in legal title to TENORM that does not involve physical movement of those materials.

Five Year Review (FYR) Dates: 07/11/2017 and 07/01/2022
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.01, 3748.02
Prior Effective Dates: 4/1/2012, 10/1/14

Prior History: (Effective: 10/01/2014
R.C. 119.032 review dates: 04/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.01, 3746.02
Prior Effective Dates: 4/1/2012)