Ohio Admin. Code 3701:1-40-38 - Public participation process
(A) The scope of this process applies to the
initial licensing, decommissioning, and any major amendment for the following
types of facilities: waste disposal, assured isolation storage, waste
processing, and facilities required to have an emergency response plan pursuant
to paragraph (G) of rule
3701:1-40-14
of the Administrative Code. A major amendment consists of proposed changes to a
facility or operations within a facility that would impact radiological
operations to the extent that an enhancement of radiation dose to the general
public may potentially exist.
(B)
Notice of complete license application will be given to the public. A public
notice of the pending action will be issued in the local newspaper of general
circulation in the county where the applicant is located. The contiguous local
governments in proximity to the facility in question will be likewise notified.
A copy of the public notice will be placed in the depository library closest to
the proposed facility. A notice that the bureau
department has
received a complete license application for any facility referenced in
paragraph (A) of this rule will be provided to everyone on the mailing list of
interested parties and the listserv of the bureau of environmental health and radiation protection at the
conclusion of the completeness review of an application for such a facility.
The notice will also be posted on the department's web page for a period of
forty-five days. The public may submit comments on the application to the
department for consideration during the forty-five day comment
period.
(C) A public participation
program will be part of this process. The applicant for a facility listed in
paragraph (A) of this rule shall be required to include, in any application for
a license or major amendment to a license, the information provided to the
public and the mechanism for such provision. This information shall be adequate
to portray the types of radiological operations on site, the potential dose to
the general population in proximity to the site, precautions to be taken to
maintain such exposure ALARA, and how any member of the public can obtain
additional information.
(D) The
director may establish a public meeting process for the types of actions
identified in paragraph (A) of this rule, if the director believes that such is
needed in order to adequately address issues associated with the application.
(1) The scope of the meeting shall be limited
to whether the application complies with applicable provisions of Chapter 3748.
of the Revised Code and all applicable rules adopted thereunder.
(a) The department may hold one or more
public meetings on the application at the discretion of the
bureau of radiation protection
director .
(b) The department shall provide public
notice of the meeting to one newspaper having general circulation in the county
of the facility and to the individuals specified in paragraph (B) of this rule,
including the availability of guidance.
(c) The department shall develop and provide
guidance on the process for participation. Individuals may contact the
department to obtain a copy of the guidance in advance of the
meeting.
(2) The
bureau of radiation protection
department is responsible for maintaining all records,
exhibits, and correspondence submitted or issued in any public meeting. The
bureau
department will maintain these documents on file for
the duration of the license.
(3)
The director shall designate a facilitator for any public meeting that is
held.
(4) In any public meeting the
applicant shall be a participant. Any other person may present information,
orally or in writing, at the public meeting.
(5) After publication of a notice of public
meeting, participants are afforded the opportunity to submit written
presentations. If a participant provides a written presentation, the
presentation shall describe in detail any deficiency resulting in a regulatory
noncompliance in the license application, why such is deficient, and the relief
sought.
(6) The facilitator shall
allow oral presentations. Oral presentations shall focus on the content
requirements specified in paragraph (D)(5) of this rule. Time limits may also
be imposed by the facilitator.
(7)
The processing of information received by the bureau
department
shall be as follows:
(a) All information
received concerning the application shall be considered by the
bureau of radiation protection
department in deliberations for approval or denial of
the license application under consideration.
(b) No later than forty-five days after the
meeting, the bureau of radiation
protection
department shall issue a
written summary of the information presented pursuant to this rule. The report
will be available on the department's web page.
(c) Written comments may be submitted to the
bureau of radiation protection
department within two weeks following issuance of a
summary report by the bureau of radiation
protection
department on the public
meeting.
(8) The
applicant for a facility license shall pay all costs associated with the
conduct of any public meeting(s) conducted pursuant to this rule. The costs
associated with the meeting shall be invoiced at full cost in accordance with
paragraph (M) of rule
3701:1-38-02
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.05
Prior Effective Dates: 07/22/2001, 08/15/2005, 10/04/2010, 06/25/2015
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.