Ohio Admin. Code 3701:1-40-33 - Environmental report
(A) Each applicant for a license or license
amendment or a renewal of a license that is listed in paragraphs (F)(1) to
(F)(5) of this rule, shall submit to the department the application with a
separate document entitled "applicant's environmental report" or "supplement to
applicant's environmental report." The applicant's environmental report shall
contain the information specified in this rule. If the application is for an
amendment to or a renewal of a license for which the applicant has previously
submitted an environmental report, the supplement to applicant's environmental
report may be limited to incorporating by reference, updating or supplementing
the information previously submitted to reflect any significant environmental
change, including a change resulting from operational experience or a change in
operations or proposed decommissioning activities. If the applicant is a
contractor of the United States department of energy that is licensed by the
state of Ohio for the possession and use of radioactive materials, the
environmental report may be in the form of either an environmental impact
statement or an environmental assessment, as appropriate. An applicant may
submit a supplement to an environmental report at any time.
(B) The environmental report shall contain a
description of the proposed action, a statement of its purposes, a description
of the environment affected, and discuss all of the following:
(1) The radiological impact of the proposed
action on the environment;
(2) Any
adverse radiological environmental effects which cannot be avoided should the
proposal be implemented; and
(3) A
complete discussion of alternatives in order to aid the department in
developing and exploring appropriate alternatives to recommended courses of
action. To the extent practicable, the environmental impacts of the proposal
and the alternatives should be presented in comparative form.
(C) The environmental report shall
include an analysis that considers and balances the environmental effects of
the proposed action, the environmental impacts of alternatives to the proposed
action, and alternatives available for reducing or avoiding adverse
environmental effects as they relate to human health. The analyses for
environmental reports shall, to the fullest extent practicable, quantify the
various factors considered. To the extent that there are important qualitative
considerations or factors that cannot be quantified, those considerations or
factors shall be discussed in qualitative terms. The environmental report
should contain sufficient data to aid the department in development of an
independent analysis.
(D) The
environmental report shall list all state of Ohio permits, licenses, approvals
and other entitlements which must be obtained in connection with the proposed
action and all federal permits, licenses, approvals and other entitlements
which must be obtained in connection with the proposed action and shall
describe the status of compliance with these requirements. The environmental
report shall also include a discussion of the status of compliance with
applicable environmental quality standards and requirements including, but not
limited to, applicable zoning and land-use regulations, and water pollution
limitations or requirements which have been imposed by federal or state
agencies having responsibility for environmental protection. The discussion of
alternatives in the report shall include a discussion of whether the
alternatives will comply with such applicable environmental quality standards
and requirements.
(E) The
information submitted pursuant to paragraphs (B) to (D) of this rule should not
be confined to information supporting the proposed action but shall also
include any adverse information.
(F) In accordance with paragraph (A) of this
rule, each applicant shall prepare an environmental report for the following
types of actions:
(1) Issuance or renewal of a
license for:
(a) Possession and use of special
nuclear material for processing, scrap recovery, or conversion of uranium
hexafluoride pursuant to Chapter 3701:1-56 of the Administrative
Code.
(b) Possession and use of
source material for uranium milling or production of uranium hexafluoride
pursuant to Chapter 3701:1-44 of the Administrative Code.
(c) Receipt, processing, or disposal of
radioactive waste from other persons pursuant to Chapter 3701:1-54 of the
Administrative Code.
(d) Processing
of source material for extraction of rare earth and other metals.
(e) Use of radioactive tracers in field flood
studies involving secondary and tertiary oil and gas recovery.
(f) Processing or recycling of
NARM
radioactive
material that would result in concentration of radioactivity in waste
materials in amounts that exceed concentrations provided in Chapter 3701:1-40
of the Administrative Code for the processing or recycling of
NARM
radioactive
material .
(g) Processing or
recycling of soils or materials containing concentrations of source or
radioactive material or NARM that exceed
concentrations provided in Chapter 3701:1-40 of the Administrative Code
relative to disposal.
(2) Issuance of an amendment that would
authorize or result in:
(a) A significant
expansion of a site;
(b) A
significant change in the types of effluents;
(c) A significant increase in the amounts of
effluents;
(d) A significant
increase in individual or cumulative occupational radiation exposure;
or
(e) A significant increase in
the potential for or consequences from radiological accidents.
(3) Termination of a license for
the possession and use of source material for uranium milling.
(4) Issuance of a license amendment pursuant
to Chapter 3701:1-54 of the Administrative Code authorizing:
(a) Closure of a land disposal
site;
(b) Transfer of the license
to the disposal site owner for the purpose of institutional control;
or
(5) Any other
licensing action for which the director determines an environmental report is
necessary.
(G) Each
applicant for issuance of a license for disposal of radioactive waste pursuant
to Chapter 3701:1-54 of the Administrative Code shall submit to the department
with the application a separate document, entitled "applicant's environmental
report - license for disposal of radioactive waste." The environmental report
and any supplement to the environmental report may incorporate by reference
information contained in the application or in any previous application,
statement or report filed with the director, provided that such references are
clear and specific and that copies of the information so incorporated are
available at the department and in any public document room established by the
director near the proposed disposal site.
(H) The environmental report shall contain
the information specified in this rule, shall address the applicant's
environmental monitoring program required by Chapter 3701:1-54 of the
Administrative Code, and shall be as complete as possible in the light of
information that is available at the time the environmental report is
submitted.
(I) The applicant shall
supplement the environmental report in a timely manner as necessary to permit
the department to review, prior to issuance, amendment or renewal of a license,
new information regarding the environmental impact of previously proposed
activities, information regarding the environmental impact of any changes in
previously proposed activities, or any significant new information regarding
the environmental impact of closure activities and long-term performance of the
disposal site.
(J) Each applicant
for a license, or an amendment to, or renewal of a license that pursuant to
these rules requires an environmental report shall submit such report or any
supplement to an environmental report. The applicant shall retain additional
copies of the environmental report or any supplement to the environmental
report in the number of copies specified for distribution to federal, state,
and local officials in accordance with written instructions issued by the
director.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02
Rule Amplifies: 3748.04
Prior Effective Dates: 07/22/2001, 10/22/2006, 09/01/2011, 06/25/2015
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