Ohio Admin. Code 3701:1-40-32 - Finding of no significant impact
(A) In accordance with paragraph (A) of rule
3701:1-40-31
of the Administrative Code, the department may prepare a bureau assessment
report that makes a finding that the proposed action presents no significant
radiological impact to the environment as it affects human health. A finding of
no significant impact shall:
(1) Identify the
proposed action;
(2) State that
the department has determined not to prepare a formal bureau assessment report
for the proposed action;
(3)
Briefly present the reasons why the proposed action will not have a significant
adverse radiological impact on the quality of human health or the environment;
(4) Note any other related
environmental documents; and
(5)
State that the finding and any related environmental documents are available
for public inspection and where the documents may be inspected.
(B) As provided in paragraph (C)
of this rule, the department may make a determination to prepare and issue a
draft finding of no significant impact for public review and comment before
making a final determination whether to prepare a bureau assessment report or a
final finding of no significant impact on the proposed action. The department
may use consultants to prepare a draft or final finding of no significant
impact. The cost of any such finding is a part of the licensing or renewal of a
facility and shall be paid by the applicant upon receipt of an invoice from the
department.
(C) Circumstances in
which a draft finding of no significant impact may be prepared may include the
following:
(1) A finding of no significant
impact appears warranted for the proposed action but the proposed action is
closely similar to one which normally requires the preparation of bureau
assessment report, or
(2) The
proposed action is without precedent.
(D) A draft finding of no significant impact
will:
(1) Be
marked "draft";
(2) Contain the
information specified in paragraph (A) of this rule;
(3) Be accompanied by or include a request
for comments on the proposed action and on the draft finding within thirty
days, or such longer period as may be specified in the notice of the draft
finding; and
(4) Be published in
the appropriate newspapers within the state of Ohio as required by paragraph
(I) of this rule and rule
3701:1-40-37
of the Administrative Code.
(E) A draft finding of no significant impact
shall be distributed as provided for a bureau assessment report in rule
3701:1-40-34
of the Administrative Code.
(F)
When a draft finding of no significant impact is issued for a proposed action,
a final determination to prepare a bureau assessment report or a final finding
of no significant impact for that action shall not be made until the last day
of the public comment period has expired.
(G) Except as provided in paragraph (B) of
this rule, the finding of no significant impact will be prepared by the
department.
(H) The department
will conduct a public meeting prior to issuing a final finding of no
significant impact. The meeting shall be noticed in accordance with the
requirements of rule 3701:1-40-37 of the Administrative Code and shall be held
in the county where the proposed facility is located. Whenever the department
makes a draft or final finding of no significant impact on a proposed action,
the finding will be published as provided for a bureau assessment report in
rule
3701:1-40-34
of the Administrative Code.
(I)
The department shall not take the proposed action until after the final finding
has been published in accordance with the requirements of rule
3701:1-40-37
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 08/15/2005, 10/04/2010
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 7/22/2001, 8/15/05, 10/4/10
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