Ohio Admin. Code 3701:1-40-31 - Determination to prepare bureau assessment report; eligibility for categorical exclusion
(A) Before taking a proposed action subject
to the provisions of this rule, the department will determine whether the
proposed action is of the type listed in paragraph (C) of rule
3701:1-40-30
of this chapter as a categorical exclusion, or whether an environmental report
is required and a bureau assessment report will be prepared. A bureau
assessment report may be a finding of either no significant impact, or a report
that assesses the adverse radiological impact of a proposed facility or action.
(B) Whenever the director
determines that a bureau assessment report will be prepared by the department
in connection with a proposed action, the department shall develop an action
plan and proposed time line. The department shall also do the following:
(1) Publish notice of a public meeting on the
proposed license and content of the applicant's environmental report as
provided in rule
3701:1-40-37
of thhis chapter.
(2) Provide that
the public meeting includes discussion on the proposed environmental report,
action plan and time line for the bureau assessment report and provide the
outline and deadlines for public comment.
(3) Provide the locations where a copy of the
environmental report may be viewed.
(C) In preparing the bureau assessment
report, the department shall, to the extent necessary:
(1) Involve any state agency which has
jurisdiction or relevant, substantial expertise with respect to any
environmental impact involved or which is authorized to develop and enforce
relevant environmental standards;
(2) Involve affected federal and local
agencies, including those authorized to develop and enforce relevant
environmental standards;
(3)
Identify other environmental review and consultation requirements related to
the proposed action so that other required analyses and studies may be prepared
concurrently and integrated with the bureau assessment report;
(4) Indicate the relationship between the
timing of the preparation of environmental analyses and the department's
tentative planning and decision-making schedule;
(5) Identify any cooperating agencies, and as
appropriate, allocate assignments for preparation and schedules for completion
of the assessment report to the director and any cooperating agencies;
(6) Describe the means by which
the bureau assessment report will be prepared, including any contractor
assistance to be used;
(7) Prepare
the report, which shall include at least the following:
(a) A discussion of the proposed action;
(b) The need for the proposed
action;
(c) Alternatives;
(d) The environmental impact of
the proposed action and the alternatives as appropriate; and
(e) A list of agencies and persons consulted,
and identification of sources used; and
(8) Provide a concise summary of the
determinations and conclusions reached, including the significant issues
identified.
(D) At any
time prior to issuance of the bureau assessment report, the director may revise
the determinations made under paragraphs (B) and (C) of this rule, as
appropriate, if substantial changes are made in the proposed action, or if
significant new circumstances or information arise which bear on the proposed
action or its impacts.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 08/15/2005
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 7/22/2001, 8/15/05
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