Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-34 - Bureau assessment report

Current through all regulations passed and filed through July 1, 2024
(A) The department shall prepare either a
			 draft or final bureau assessment report as soon as practicable after receipt of
			 the applicant's environmental report and after a determination that a finding
			 of no significant impact is not appropriate. The action plan and time line
			 shall address whether a draft assessment report shall be prepared prior to
			 preparation of the final bureau assessment report. To the fullest extent
			 practicable, the bureau assessment report shall be prepared concurrently or
			 integrated with environmental impact analyses and related surveys and studies
			 if required by state or federal law.
(B) The bureau assessment report, and any
			 draft report thereof, shall be concise, clear and analytic, and written in
			 plain language with appropriate graphics. The report shall state how
			 alternatives considered in it and decisions based on it will or will not
			 achieve the requirements of any relevant and applicable environmental laws and
			 policies. The report also shall identify any methodologies used and sources
			 relied upon, and shall be supported by evidence that the necessary
			 environmental analyses have been made.
(C) The director shall cooperate with other
			 relevant state and local agencies and the United States nuclear regulatory
			 commission to the fullest extent possible to reduce duplication between
			 federal, state and local requirements.
(D) To the extent sufficient information is
			 available, the bureau assessment report, and any draft report thereof, shall
			 include consideration of major points of view concerning the environmental
			 impacts of the proposed action and the alternatives, and contain an analysis of
			 significant problems and objections raised by other federal, state, and local
			 agencies and by any comments received from the public.
The bureau assessment report and any draft report thereof,
				shall include a preliminary analysis that considers and weighs 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. The analysis for all bureau assessment
				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, these considerations or factors shall be
				discussed in qualitative terms. Due consideration shall be given to compliance
				with environmental quality standards and requirements that have been imposed by
				federal or state agencies having responsibility for environmental protection.
				Satisfaction of department of health standards and criteria pertaining to
				radiological effects shall be necessary to meet the licensing requirements of
				Chapter 3748. of the Revised Code. The analysis shall consider the radiological
				effects of the proposed action and alternatives.
(E) The bureau assessment report, and any
			 draft report thereof, shall list all state and federal permits, licenses,
			 approvals, and other entitlements which must be obtained in implementing the
			 proposed action and shall describe the status of compliance with those
			 requirements. If it is uncertain whether a state or federal permit, license,
			 approval, or other entitlement is necessary, the bureau assessment report shall
			 so indicate.
(F) The bureau
			 assessment report normally shall include a recommendation by the director
			 respecting the proposed action. This recommendation shall be based on the
			 information and analysis described in paragraphs (A) to (E) of this rule and
			 shall be reached after considering the environmental effects of the proposed
			 action and reasonable alternatives.
(G) The department shall prepare a supplement
			 to a bureau assessment report for which a notice of availability has been
			 published if there are substantial changes in the proposed action that are
			 relevant to adverse radiological concerns that bear on the proposed action or
			 its impacts.
(H) The department
			 may prepare a supplement to a bureau assessment report when preparation of a
			 supplement will provide additional information necessary to address concerns
			 related to adverse radiological impact.
(I) The supplement to a bureau assessment
			 report shall be prepared and noticed in the same manner as the bureau
			 assessment report except that additional action plans and time lines need not
			 be used.
(J) Each bureau
			 assessment report, and each supplement to a bureau assessment report
			 distributed in accordance with this rule, and each news release provided
			 pursuant to this rule, shall be accompanied by or include a request for
			 comments on the proposed action and on the bureau assessment report or any
			 supplement to the bureau assessment report and shall state where comments
			 should be submitted and the date on which the comment period closes. A minimum
			 comment period of forty-five days shall be provided. The comment period shall
			 be calculated from the publication date for the notice in the applicable area
			 newspapers. If no comments are provided within the time specified, it will be
			 presumed, unless the applicant requests an extension of time, that the
			 applicant has no comment. To the extent practicable, the department will grant
			 reasonable requests for extensions of time of up to fifteen days. The comment
			 period for any agency is concurrent with the public comment period.
(K) A copy of the bureau assessment report
			 shall be distributed to:
(1) The Ohio
			 environmental protection agency;
(2) Any other state or federal agency which
			 has special expertise or jurisdiction by law with respect to any environmental
			 impact involved or which is authorized to develop and enforce relevant
			 environmental standards;
(3) The
			 applicant;
(4) Appropriate
			 federal, state, and local agencies authorized to develop and enforce relevant
			 environmental standards, land use, and zoning;
(5) Appropriate state, regional and
			 metropolitan clearinghouses; and
(6) Upon request, any other person to the
			 extent available.