Idaho Admin. Code r. 58.01.10.010

Current through September 2, 2024

Section 58.01.10.010 - DEFINITIONS

01.Accelerator-Produced Radioactive Material. Any material made radioactive by a particle accelerator.

02.Board. The Idaho Board of Environmental Quality.

03.Byproduct Material. Byproduct Material means:

a. Any radioactive material (except special nuclear material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or utilizing special nuclear material; and

b. The tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content.

c. Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or any material that:

i. Has been made radioactive by use of a particle accelerator; and

ii. Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and

d. Any discrete source of naturally occurring radioactive material, other than source material, that:

i. The U.S. Nuclear Regulatory Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and

ii. Before, on, or after August 8, 2005, is extracted for use in a commercial, medical, or research activity.

04.Department. The Idaho Department of Environmental Quality.

05.Exempt Quantities and Concentrations of Byproduct Materials. Radioactive materials defined as exempt byproduct materials by the U.S. Nuclear Regulatory Commission (10 CFR 30.14 through 30.15, 10 CFR 30.18 through 30.21, 10 CFR 32.11 and 10 CFR 32.18).

06.Naturally Occurring Radioactive Material (NORM). Any material containing natural radionuclides at natural background concentrations, where human intervention has not concentrated the naturally occurring radioactive material or altered its potential for causing human exposure. NORM does not include source, byproduct or special nuclear material licensed by the U.S. Nuclear Regulatory Commission under the Atomic Energy Act of 1954.

07.Operator. Any person(s) currently responsible, or responsible at the time of disposal, for the overall operation of a hazardous waste treatment, storage or disposal facility or part of a hazardous waste treatment, storage or disposal site.

08.Owner. Any person(s) who currently owns, or owned at the time of disposal, a hazardous waste treatment, storage or disposal facility or part of a hazardous waste treatment, storage or disposal site.

09.Person. Any individual, association, partnership, firm, joint stock company, trust, political subdivision, public or private corporation, state or federal government department, agency, or instrumentality, municipality, industry, or any other legal entity which is recognized by law as the subject of rights and duties.

10.Radioactive Material. Radioactive Material includes:

a. Technologically Enhanced Naturally Occurring Radioactive Material;

b. Byproduct material authorized for disposal pursuant to 10 CFR 20.2008(b);

c. Exempt Quantities and Concentrations of Byproduct Materials;

d. Unimportant Quantities of Source Material; and

e. Any other byproduct, source material, or special nuclear material or devices or equipment utilizing such material, which has been exempted or released from radiological control or regulation under the Atomic Energy Act of 1954, as amended, to be disposed of in a commercial hazardous waste facility as regulated pursuant to the rules, permit requirements, and acceptance criteria provided for by Chapter 44, Title 39, Idaho Code.

11.Reasonably Maximally Exposed Individual. That individual or group of individuals who by reason of location has been determined, through the use of environmental transport modeling and dose calculation, to receive the highest total effective dose equivalent from radiation emitted from the site and/or radioactive material transported off-site.

12.Source Material. Source material means:

a. Uranium or thorium, or any combination thereof, in any physical or chemical form; or

b. Ores which contain by weight one-twentieth of one percent (0.05%) or more of:

i. Uranium;

ii. Thorium; or

iii. Any combination thereof.

c. Source material does not include special nuclear material.

13.Special Nuclear Material. Special Nuclear Material means:

a. Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the U.S. Nuclear Regulatory Commission determines to be special nuclear material.

b. Any material artificially enriched by any of the material listed in Subsection 010.12.a.

14.Technologically Enhanced Naturally Occurring Radioactive Material (TENORM). Any naturally occurring radioactive materials not subject to regulation under the Atomic Energy Act whose radionuclide concentrations or potential for human exposure have been increased above levels encountered in the natural state by human activities. TENORM does not include source, byproduct or special nuclear material licensed by the U.S. Nuclear Regulatory Commission under the Atomic Energy Act of 1954.

15.Unimportant Quantities of Source Material. Radioactive materials defined as unimportant quantities of source materials by the U.S. Nuclear Regulatory Commission (10 CFR 40.13).

Idaho Admin. Code r. 58.01.10.010

Effective March 31, 2022