Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-07 - Exemptions

Current through all regulations passed and filed through July 1, 2024
(A) Persons who receive, possess, use,
			 process, transfer, distribute, or dispose of TENORM are exempt from the
			 requirements of this chapter with respect to any combination of radium-226 and
			 radium-228 if the materials contain, or are contaminated at, concentrations
			 less than one hundred eighty-five becquerel per kilogram (five picocuries per
			 gram) excluding natural background. The progeny of the exempt TENORM radium-226
			 and radium-228 are also exempt. Manufacture of consumer or retail products at
			 concentrations greater than one hundred eighty-five becquerel per kilogram
			 (five picocuries per gram) is regulated pursuant to paragraph (C) of rule
			 3701:1-43-10 and rule
			 3701:1-43-11 of the
			 Administrative Code.
(B) Persons
			 who receive products or materials containing TENORM distributed in accordance
			 with a specific license issued by the director pursuant to paragraph (A) of
			 rule 3701:1-43-03 of the
			 Administrative Code, or by an equivalent license issued by another state, are
			 exempt from this chapter with regard to those products or materials.
(C) Persons who receive, possess, use,
			 process, transfer and distribute, including preparation of custom blends for
			 distribution, phosphate or potash ore-based fertilizers containing TENORM are
			 exempt from this chapter.
(D)
			 Persons who receive, possess, use, process, transfer, dispose into a permitted
			 landfill, or distribute, including preparation of custom blends for
			 distribution, zirconia, zircon, and products of zirconia and zircon containing
			 TENORM are exempt from this chapter provided that the radioactive constituent
			 is consistent with the radioactivity levels stated in the safety data sheet
			 accompanying the zirconium-bearing materials. A facility that manufactures
			 zirconium metal from ore or chemically processes zirconia or zircon resulting
			 in increased environmental mobility of TENORM is not exempt from this
			 chapter.
(E) Persons who possess
			 TENORM waste regulated by the Comprehensive Environmental Response,
			 Compensation and Liability Act (CERCLA
			 42 USC
			 9601 to
			 9628 as amended, as published in
			 the United States Code, 2006 edition) or by the Resource Conservation and
			 Recovery Act (RCRA 42 USC
			 6901 et seq. as amended, as published in the
			 United States Code, 2006 edition) are exempt from this chapter for the TENORM
			 waste regulated by either of these federal acts.
(F) Other persons who possess or use TENORM
			 
								will be
			 exempt when the director makes a determination, upon his or her own initiative
			 or upon request for such determination, that the reasonably maximally exposed
			 individual will not receive a public dose with a total effective dose
			 equivalent (TEDE) of more than one millisievert (0.1 rem) in
			 one year from all licensed or registered sources of radiation including
			 TENORM.
(G) Persons who receive,
			 possess, use, transfer, distribute, or dispose of materials in the recycling
			 process contaminated with scale or residue not otherwise exempted or other
			 equipment containing TENORM with a radiation exposure level that does not
			 exceed 0.5 microsieverts (fifty
			 microrem) per hour, including background at any accessible point are hereby
			 exempt from the requirements of this chapter.
(H) Persons engaged in the manufacture,
			 wholesale or retail commercial distribution, use, or disposal of the following
			 products or materials, or the recycling of equipment used to produce, contain,
			 or transport the following materials are exempt from the requirements of this
			 chapter:
(1) Potassium or potassium compounds
			 that have not been isotopically enriched in the radionuclide
			 potassium-40;
(2) Fossil fuel or
			 byproducts from fossil fuel combustion, including bottom ash, fly ash, and
			 flue-gas emission control byproducts; or
(3) Material used for building construction,
			 industrial processing, sandblasting, metal castings, or other material in which
			 the radionuclide content has not been concentrated to a level higher than is
			 found in its natural state.