Ohio Admin. Code 3701:1-54-01

Current through all regulations passed and filed through October 28, 2024

Section 3701:1-54-01 - Definitions

As used in Chapter 3701:1-54 of the Administrative Code:

(A) "Above grade construction" for the purposes of a disposal cell for radioactive waste, means the structural design such that the bottom of the waste is at or above the elevation of the native surface topography.

(B) "Active maintenance" as used in reference to an AIF, means any improvements or repairs to the physical features of an AIF that are intended to preserve the ability of the facility to perform its function of isolating radioactive waste.

"Active maintenance" as used in reference to land disposal of radioactive waste, means any significant remedial activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives are met. Such active maintenance includes, but is not limited to, ongoing activities such as the pumping and treatment of water from a disposal unit or one-time measures such as replacement of a disposal unit cover. Active maintenance does not include custodial activities such as repair of fencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep such as mowing grass.

(C) "Assured isolation" means an integrated management system for isolating licensable radioactive waste for a period not to exceed one hundred years, while preserving options for its long term management through robust, accessible facilities, and planned preventative maintenance. The time limit starts from the date that the radioactive waste is received by the AIF.

(D) "Assured isolation facility (AIF)" means the structures and land containing the operational components of a site for the assured isolation of licensable radioactive waste. This includes, but is not limited to, support and administrative facilities, roads and staging areas.

(E) "Assured isolation site" means the entire plot of land on which an AIF is located, including that portion of the earth underlying the facility which is of significance to its structural stability, or is related to the environmental monitoring of the facility.

(F) "Broker" means any person who takes possession of radioactive waste solely for purposes of consolidation and shipment.

(G) "Buffer Zone" means a portion of a site that is controlled by the licensee and that lies under the storage or disposal units and between the structure containing the radioactive waste and the site boundary.

(H) "Carrier" means a person who is engaged in the transportation of radioactive waste by air, rail, road, highway, or water.

(I) "Disposal" or "dispose" means the permanent isolation of radioactive waste in accordance with Chapter 3748. of the Revised Code and the rules promulgated thereunder.

(J) "Disposal site" means that portion of a facility that is used for the disposal of low level radioactive waste and that consists of disposal units and a buffer zone.

(K) "Disposal unit" means a discrete portion of the facility into which low level radioactive waste is placed for disposal.

(L) "Engineered Barrier" means a man made structure or device that us intended to improve a facility's ability to meet the performance objectives.

(M) "Frequent earthquake activity" means more than three earthquakes of greater than Richter magnitude of 4.5, within an epicentral distance of less than 24.2 kilometers (fifteen miles), over a projected interval of one hundred years, based on currently available scientific analyses of the past one hundred years seismicity.

(N) "Generator" means a person who first produces radioactive waste, including, without limitation, any person who does so in the course of or incident to manufacturing, power generation, processing, waste treatment, waste storage, medical diagnosis or treatment, research, or other industrial or commercial activity. "Generator" does not include a patient who may discharge radioactive material in body wastes or fluids as the result of a medical procedure; however, the waste or fluids generated by such a patient are low-level radioactive waste. If the person who first produced an item or quantity of waste cannot be identified, "generator" means the person first possessing the waste who can be identified.

(O) "Inadvertent intruder" means a person who might occupy the disposal site after closure and engage in normal activities, such as agriculture, dwelling, construction, or other pursuits in which the person might be unknowingly exposed to radiation from the waste.

(P) "Inadvertent intrusion" means any activity performed by a person that would unknowingly expose or release radiation from the waste, or compromise barriers designed to meet the performance objectives of the disposal site.

(Q) "Isolation" means the segregation and impoundment of radioactive waste in a manner that protects the environment inhabited by humans, including, but not limited to, the human food chain.

(R) "Karst" means a terrain with an assemblage of landforms such as sinkholes and caves that are due to weathering of predominantly carbonate bedrock.

(S) "Land disposal" means disposal of radioactive waste in a land disposal facility.

(T) "Land disposal facility" means the land, buildings, and equipment that is intended to be used for the disposal of radioactive waste.

(U) "Mixed waste" is radioactive waste that contains a listed hazardous waste or exhibits a hazardous waste characteristic identified in 40 C.F.R. 261, Subpart C (as in effect on the effective date of this rule).

(V) "Monitoring" means activities undertaken by the licensee in evaluating the characteristics or performance of a facility or a site through systematic measurement and analysis of specific parameters.

(W) "Processor" means a person who treats or repackages radioactive material received from another person.

(X) "Quality assurance" (QA) or "quality assurance program" means a program providing for verification by written procedures such as testing, auditing, and inspection to ensure that deficiencies, deviations, defective equipment, or unsafe practices, or a combination thereof, relating to the use, disposal, management, or manufacture or radiation sources are identified, promptly corrected, and reported to the appropriate regulatory agencies.

(Y) "Recoverable" means the ability to physically collect and remove the waste from its present location.

(Z) "Retrievable" means the ability to remove a container and its contents as a single entity when used in reference to waste storage.

(AA) "Stability" means structural stability.

(BB) "Storage" or "store" means the retention of radioactive waste, prior to disposal in a manner that allows for surveillance, control, and subsequent retrieval.

(CC) "Surveillance" means activities undertaken by the licensee in monitoring and observation of a site for purposes of visual detection of a need for maintenance, custodial care, evidence of intrusion, and compliance with other license and regulatory requirements.

(DD) "Treatment" means any method, technique, or process, including storage for radioactive decay, that changes the physical, chemical, or biological characteristics or composition of any radioactive waste in order to render the waste safer for transport or management, amenable to recovery, convertible to another usable material, or reduced in volume.

(EE) "Waste management" means the storage, treatment, or disposal of radioactive waste.

(FF) "Waste processing" is the act or process of treating radioactive waste.

Ohio Admin. Code 3701:1-54-01

Effective: 11/14/2022
Five Year Review (FYR) Dates: 8/29/2022 and 11/01/2027
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 02/13/1999, 09/15/2003, 02/06/2006, 11/28/2010, 07/02/2015