Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-38 - Public participation process

Current through all regulations passed and filed through July 1, 2024
(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 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
			 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.