Ohio Admin. Code 3701:1-40-30 - Preliminary procedures for environmental review
(A) The department shall require an
environmental report to be submitted with the license application and a bureau
assessment report following the department review of the environmental report
in the case of any of the following:
(1) The
applicant proposes a major action that could potentially affect the environment
as it relates to human health;
(2)
Any other action which the director determines is a major action which could
potentially affect the environment as it relates to human health;
(3) The applicant applies for a license to
possess and use source material for uranium milling or production of uranium
hexafluoride pursuant to Chapter 3701:1-44 of the Administrative
Code;
(4) The applicant applies for
a license or renewal authorizing receipt and disposal of radioactive waste from
other persons pursuant to Chapter 3701:1-54 of the Administrative
Code.
(5) The applicant applies for
a license amendment pursuant to Chapter 3701:1-54 of the Administrative Code
authorizing either of the following:
(a)
Closure of a land disposal site; or
(b) Transfer of the license to the disposal
site owner for the purpose of institutional control; or
(6) Notwithstanding paragraph (C) of this
rule, and in accordance with paragraph (B) of this rule, the department may, in
special circumstances, require the preparation of an environmental report and
bureau assessment report on an action that is listed as a categorical
exclusion.
(B) Except in
special circumstances as determined by the director at his or her discretion,
an environmental report and bureau assessment report is not required in the
case of an action included in the list of categorical exclusions set forth in
paragraph (C) of this rule. Notwithstanding paragraph (C) of this rule, the
director, at his or her discretion, may require an environmental report and
bureau assessment report if he or she determines that special circumstances
exist because the proposed action involves an unreasonable or unnecessary
individual or cumulative risk to the human environment.
(C) The following categories of actions are
considered categorical exclusions:
(1)
Issuance of an amendment to a license for a radioactive material waste disposal
site or an amendment to a radioactive materials license if required by Chapter
3701:1-54 of the Administrative Code which are administrative, organizational,
or procedural in nature, or which result in a change in process operations or
equipment, provided that:
(a) There is no
significant change in the type or significant increase in the amount of any
effluent that may be released offsite;
(b) There is no significant increase in
individual or cumulative occupational radiation exposure;
(c) There is no significant construction
impact; and
(d) There is no
significant increase in the potential for or consequences from radiological
accidents.
(2) Issuance,
amendment or renewal of radioactive materials licenses issued pursuant to this
chapter and Chapters 3701:1-44, 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52,
3701:1-56 and 3701:1-58 of the Administrative Code affecting general licenses,
manufacture and distribution, industrial radiography, well logging,
irradiators, medical use, source material, special nuclear material of less
than critical mass authorizing the following:
(a) Distribution of radioactive materials and
devices or products containing radioactive material to general licensees and to
persons exempt from licensing;
(b)
Distribution of radiopharmaceuticals, generators, reagent kits, or sealed
sources to persons licensed in accordance with Chapter 3701:1-58 of the
Administrative Code;
(c) Nuclear
pharmacies;
(d) Medical and
veterinary facilities;
(e) Use of
radioactive materials for research and development and for educational
purposes;
(f) Industrial
radiography;
(g)
Irradiators;
(h) Use of sealed
sources or gauging devices, analytical instruments or other devices containing
sealed sources;
(i) Use of uranium
as shielding material in containers or devices;
(j) Possession of radioactive material
incident to performing services such as installation, maintenance, leak tests
and calibration;
(k) Use of sealed
sources or radioactive tracers in well-logging procedures;
(l) Acceptance of packaged radioactive wastes
from others for transfer to a licensed disposal facility, provided that the
interim storage period for any package does not exceed one hundred eighty days
and the total possession limit for all packages held in interim storage at the
same time does not exceed 1.85 terabecquerels (fifty curies);
(m) Manufacturing or processing of source,
radioactive, or special nuclear materials
or NARM for distribution to other
licensees, except processing of source material for extraction of rare earth
and other metals and processing of NARM
radioactive material for extraction of
metals;
(n) Nuclear
laundries;
(o) Possession,
manufacturing, processing, shipment, testing, or other use of depleted uranium
military munitions; or
(p) Any use
of NARM, source, radioactive, or special
nuclear material not listed in paragraphs (C)(2)(a) to (C)(2)(o) of this rule
which involves quantities and forms of source, radioactive, or special nuclear
material of quantities less than a critical mass, similar to those listed in
paragraphs (C)(2)(a) to (C)(2)(o) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 08/15/2005, 10/22/2006, 09/01/2011
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