reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-03 - Activities requiring a specific license

Current through all regulations passed and filed through July 1, 2024
(A) A specific license is
			 
								prescribed pursuant to paragraph (C) of rule
			 3701:1-43-10 and rule
			 3701:1-43-11 of the
			 Administrative Code to manufacture and distribute any consumer or retail
			 product containing TENORM unless the manufacture and distribution are:
(1) Authorized as specified by paragraph (A)
			 of rule
			 3701:1-43-08 or paragraph (F)
			 of rule
			 3701:1-43-08 of the
			 Administrative Code;
(2) Licensed
			 under the provisions of Chapter 3701:1-40 of the Administrative Code;
(3) Exempted under the provisions of rule
			 3701:1-43-07 of the
			 Administrative Code; or
(4)
			 Otherwise exempt in accordance with another chapter of the Administrative
			 Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-04 - Communications

Current through all regulations passed and filed through July 1, 2024
Except as otherwise provided, any communication or report
				required by Chapter 3701:1-38 or Chapter 3701:1-43 of the Administrative Code,
				shall be filed in accordance with Chapter 3748. of the Revised Code and rules
				promulgated thereunder. Documents pertaining to license application or any
				license matter, unless otherwise directed in writing, shall be submitted to the
				director at the following address or by electronic submission in a manner
				approved by the director:
"Ohio Department of Health
Bureau of Environmental Health and Radiation Protection 246
				North High Street
Columbus, OH 43215"
Electronic mail communications may be
				sent to the Ohio department of health at:
"BRadiation@odh.ohio.gov"
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-05 - Completeness and accuracy of information

Current through all regulations passed and filed through July 1, 2024
(A) Information provided to the director by
			 an applicant for a license or by a licensee, or information
			 
								prescribed by statute or by the director's rules,
			 orders, or license conditions to be maintained by the applicant or the
			 licensee, 
								will be complete and accurate in all material
			 respects.
(B) Each applicant or
			 licensee 
								will notify the director of information identified by
			 the applicant or licensee as having for the regulated activity a significant
			 implication for public health and safety or common defense and security. An
			 applicant or licensee violates this paragraph only if the applicant or licensee
			 fails to notify the director of information that the applicant or licensee has
			 identified as having a significant implication for public health and safety or
			 common defense and security. Notification 
								will be
			 provided to the director within two working days of identifying the
			 information. This requirement is not applicable to information which is already
			 
								obliged to be provided to the director by other
			 reporting or updating requirements.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-06 - Carriers

Current through all regulations passed and filed through July 1, 2024
Common and contract carriers, freight forwarders, warehousemen,
				and the United States postal service are exempt from the regulations in this
				chapter to the extent that they are not 
								prescribed
				to be licensed as set forth in Chapter 3748. of the Revised Code and rule
				3701:1-38-02 of the
				Administrative Code, and to the extent that they only transport or store TENORM
				in the regular course of carriage for another or storage incident
				thereto.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-08 - General licenses

Current through all regulations passed and filed through July 1, 2024
(A) Subject to the requirements of Chapter
			 3701:1-38, rule
			 3701:1-43-08, and rule
			 3701:1-43-18 of the
			 Administrative Code, unless and until a specific license has been issued in
			 accordance with rule
			 3701:1-43-03 of the
			 Administrative Code, a general license is hereby issued to possess, use,
			 transfer, distribute or dispose of TENORM without regard to quantity.
(B) This general license does not authorize
			 the manufacture of consumer or retail products containing TENORM in
			 concentrations greater than those specified in paragraph (A) of rule
			 3701:1-43-07 of the
			 Administrative Code or the receipt and disposal of wastes from other
			 persons.
(C) Employees or
			 contractors under control and supervision of a general licensee may perform
			 routine maintenance on equipment, facilities, and land owned or controlled by
			 the general licensee. Maintenance that provides a pathway for exposure
			 different from that found in periodic maintenance operations and that increases
			 the potential for additional exposure is not considered routine maintenance.
			 The decontamination of equipment, facilities, and land
			 
								will be
			 performed only by persons specifically licensed by the director, an agreement
			 state, or another licensing state to conduct such work.
(D) Any person subject to the general license
			 issued by paragraph (A) of this rule, 
								will notify the director within sixty days of
			 becoming subject to the general license. Such notification
			 
								will
			 include:
(1) Name and address of the
			 licensee;
(2) Location and
			 description of the facility, facilities, or portion of a facility where the
			 TENORM is situated;
(3) Description
			 of the TENORM including estimates of the amount and extent of
			 TENORM.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-10 - General requirements for the issuance of specific licenses

Current through all regulations passed and filed through July 1, 2024
(A) An application for a specific license
			 will be approved if:
(1) The application is
			 for a purpose authorized by Chapter 3748. of the Revised Code and the rules
			 adopted thereunder;
(2) The
			 applicant's proposed equipment and facilities are adequate to protect health
			 and minimize danger to life or property or the environment;
(3) The applicant is qualified by training
			 and experience to use the TENORM in question for the purpose requested in such
			 manner as to protect health and minimize danger to life or property or the
			 environment;
(4) The applicant
			 satisfied all applicable special requirements in rule
			 3701:1-38-02, Chapter
			 3701:1-40, and Chapter
			 3701:1-43 of the
			 Administrative Code;
(5) For an
			 application that involves an activity that could potentially affect the quality
			 of the environment, the director has:
(a)
			 Reviewed the information filed and evaluations made pursuant to rule
			 3701:1-40-30 of the
			 Administrative Code;
(b) Weighed
			 the environmental, economic, technical, and other benefits against
			 environmental costs and considered available alternatives; and
(c) Concluded that the proposed activity,
			 along with any appropriate conditions to protect the environment, would be
			 acceptable.
Commencement of construction prior to such conclusion
				
											will be
				grounds for denial of a license to receive and possess radioactive material in
				such plant or facility.
(6) The applicant has met the financial
			 assurance requirements of rule
			 3701:1-43-13 of the
			 Administrative Code;
(7) The
			 applicant has adequately addressed the following items in the application:
(a) Procedures and equipment for monitoring
			 and protecting workers;
(b) An
			 evaluation of the radiation levels and concentrations of contamination expected
			 during normal operations;
(c)
			 Operating and emergency procedures, including procedures for waste reduction
			 and quality assurance of items released for unrestricted use; and
(d) A method for managing the radioactive
			 material removed from contaminated equipment, facilities, and land.
(8) For each location to be listed
			 on the license as an authorized use location, the applicant
			 
									will
			 submit either:
(a) A statement that the
			 applicant owns the facility where radioactive material is to be used or stored;
			 or
(b) A statement verifying that
			 the facility owner has been informed, in writing, of the use or storage of
			 radioactive material at the facility, and that the use of such material is
			 subject to the rules of the director.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-11 - Safety criteria for consumer and retail products

Current through all regulations passed and filed through July 1, 2024
An applicant for a license pursuant to paragraph (C) of rule
				3701:1-43-10 of the
				Administrative Code, 
								will demonstrate that the product is designed and
				will be manufactured so that:
(A) In
			 normal use and disposal of a single exempt item, and in normal handling and
			 storage of the quantities of exempt items likely to accumulate in one location
			 during marketing, distribution, installation, and servicing of the product, it
			 is unlikely that the dose in any one year, to a suitable sample of the group of
			 individuals expected to be most highly exposed to radiation or radioactive
			 material from the product will exceed the doses in column I of the table in the
			 appendix to this rule.
(B) In use
			 and disposal of a single exempt item and in handling and storage of the
			 quantities of exempt items likely to accumulate in one location during
			 marketing, distribution, installation, and servicing of the product, the
			 probability is low (not more than one such failure per year for each ten
			 thousand exempt units distributed) that the containment, shielding, or other
			 safety features of the product would fail under such circumstances that a
			 person would receive an external radiation dose or committed dose equivalent in
			 excess of the dose to the appropriate part of the body as specified in column
			 II of the table in the appendix to this rule and the probability is negligible
			 (not more than one such failure per year for each one million exempt units
			 distributed) that a person would receive an external radiation dose or
			 committed dose equivalent in excess of the dose to the appropriate part of the
			 body as specified in column III of the table in the appendix to this
			 rule.
(C) It is unlikely that there
			 will be a significant reduction in the effectiveness of the containment,
			 shielding, or other safety features of the product from wear and abuse likely
			 to occur in normal handling and use of the product during its useful life.
Click to
				view Appendix
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-14 - Expiration and termination of specific licenses and decommissioning of sites and separate buildings or outdoor areas

Current through all regulations passed and filed through July 1, 2024
(A) Each specific license expires at the end
			 of the day on the expiration date stated in the license unless the licensee has
			 filed an application for renewal under rule
			 3701:1-38-02 of the
			 Administrative Code not less than ninety days before the expiration date stated
			 in the existing license. If an application for renewal has been filed at least
			 ninety days before the expiration date stated in the existing license, the
			 existing license expires at the end of the day on which the director makes a
			 final determination to deny the renewal application or, if the determination
			 states an expiration date, the expiration date stated in the
			 determination.
(B) Each specific
			 license revoked by the director expires at the end of the day on the date of
			 the director's final determination to revoke the license, or on the expiration
			 date stated in the determination, or as otherwise provided by director
			 order.
(C) Each specific license
			 
								will
			 continue in effect and 
								will be renewed during the decommissioning period
			 until the director notifies the licensee in writing after decommissioning that
			 the license is terminated. During this time, the licensee
			 
								will:
(1) Limit actions involving TENORM to those
			 related to decommissioning; and
(2)
			 Continue to control entry to any restricted area until that area is suitable
			 for release in accordance with director requirements as may be imposed by
			 Chapter 3748. of the Revised Code or rules adopted thereunder.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-15 - Unrestricted use and conditional release

Current through all regulations passed and filed through July 1, 2024
The following criteria apply for persons subject to a specific
				or general license under this chapter:
(A) Equipment can be released from the site
			 for unrestricted use when that equipment is not contaminated with TENORM at
			 levels greater than those in the appendix to this rule. Upon application,
			 specific approval of alternative levels may be granted by the
			 director.
(B) The director
			 
								will
			 release a site for unrestricted use upon request by the licensee who has
			 demonstrated to the director that the following applicable criteria have been
			 met:
(1) The average member of the critical
			 group will not receive annually a public dose in excess of
			 0.25 millisievert (0.025 rem) TEDE from residual
			 radioactive materials on site other than residual TENORM radium-226 and
			 radium-228 and their progeny;
(2)
			 The concentration of residual TENORM radium-226 and radium-228, on land
			 averaged over one hundred square meters, is less than one hundred eighty-five
			 becquerels per kilogram (five picocuries per gram) above the background
			 concentration, averaged over any fifteen centimeter layer of soil. The fifteen
			 centimeter layers are contiguous depth increments from the surface down. Each
			 of the progeny radionuclides of the residual TENORM radium-226 and radium-228
			 may also be present in concentrations similar to the residual TENORM radium-226
			 and radium-228 concentration;
(3)
			 Where residual TENORM radium-226 and radium-228 and their progeny and other
			 residual TENORM radionuclide contamination are present, the sum of fractions
			 
									will be
			 used for combining the criteria of paragraph (B)(1) and paragraph (B)(2) of
			 this rule. The sum of fractions is determined by dividing each average radium
			 concentration by the radium limit of one hundred eighty-five becquerels per
			 kilogram (five picocuries per gram) and dividing the estimated annual dose from
			 other residual TENORM radionuclides by
			 0.25 millisievert (0.025 rem) and then adding the
			 ratios together. The sum of the fractions 
									will be less
			 than, or equal to, one to meet this criterion; and
(4) All license termination requirements in
			 rule 3701:1-38-22 of the
			 Administrative Code have been satisfied.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-16 - Reporting requirements

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (D) of
			 this rule, each licensee shall notify the director as soon as possible, but not
			 later than four hours after the discovery of an event that prevents immediate
			 protective action necessary to avoid exposure to radiation or radioactive
			 material that could exceed regulatory limits, or a release of licensed material
			 that could exceed regulatory limits. An event that requires such an immediate
			 report may include a fire, explosion, or toxic gas release.
(B) Each licensee shall notify the director
			 within twenty-four hours after the discovery of any of the following events
			 involving licensed material:
(1) An unplanned
			 contamination event that involves:
(a) Access
			 to the contaminated area, by workers or the public, to be restricted for more
			 than twenty-four hours by imposing additional radiological controls or by
			 prohibiting entry into the area;
(b) A quantity of material greater than five
			 times the lowest annual limit on intake specified in the appendices to rule
			 3701:1-38-12 of the
			 Administrative Code; and
(c) Access
			 to the area restricted for a reason other than to allow radionuclides with a
			 half-life of less than twenty-four hours to decay prior to
			 decontamination;
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-17 - Records

Current through all regulations passed and filed through July 1, 2024
(A) Each person who receives TENORM under a
			 license issued pursuant to the rules in Chapter 3701:1-43 and rule
			 3701:1-38-02 of the
			 Administrative Code, 
								will keep records showing the receipt, transfer,
			 and disposal of the TENORM as follows:
(1) The
			 licensee 
									will retain each record of receipt of TENORM as long
			 as the material is possessed and for three years following transfer or disposal
			 of the material.
(2) The licensee
			 who transferred the material 
									will retain each record of transfer for three
			 years after each transfer unless otherwise specified by rule for that
			 particular licensed activity.
(3)
			 The licensee who disposed of the material 
									will retain
			 each record of disposal of TENORM until the director terminates each license
			 that authorizes disposal of the material.
(4) The licensee 
									will keep
			 records of information important to the safe and effective reclamation of a
			 facility in an identified location until the license is terminated by the
			 director. If records of relevant information are maintained for other purposes,
			 reference to these records and their locations may be used. As used in this
			 rule "reclaiming" means returning property to a condition or state such that
			 the property no longer presents a health or safety hazard or threat to the
			 environment. This includes, but is not limited to, those activities necessary
			 to decommission the licensed facility such as safely removing a facility from
			 service, reducing the residual radioactivity to a level that permits release of
			 the property for unrestricted use, and termination of the license. Information
			 important to reclaiming includes:
(a) Records
			 of spills or other unusual occurrences involving the spread of contamination in
			 and around the facility, equipment or site. These records may be limited to
			 instances when contamination remains after any cleanup procedures or when there
			 is reasonable likelihood that contaminants may have spread to inaccessible
			 areas as in the case of possible seepage into porous materials such as
			 concrete. These records 
										will include any known information on
			 identification of involved radionuclides, quantities, forms and concentrations;
			 and
(b) As-built drawings and
			 modifications of structures and equipment in restricted areas where radioactive
			 materials are used or stored, and of locations of possible inaccessible
			 contamination, such as buried pipes which may be subject to contamination. If
			 
										needed drawings are referenced, each relevant document
			 need not be indexed individually. If drawings are not available, the licensee
			 
										will
			 substitute appropriate records of available information concerning these areas
			 and locations.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-18 - Disposal and transfer of waste for disposal

Current through all regulations passed and filed through July 1, 2024
(A) A licensee 
								will dispose of
			 licensed TENORM material in accordance with this rule. Licensed TENORM material
			 
								will be
			 disposed of in one of the following manners:
(1) By transfer of the wastes for storage,
			 treatment, or disposal at a facility licensed by the director, the applicable
			 agency of another state, or the United States nuclear regulatory commission, or
			 authorized by the United States department of energy for storage, treatment, or
			 disposal of TENORM;
(2) By transfer
			 of the wastes for storage, treatment, or disposal to a facility licensed by the
			 director, the applicable agency of another state, or the United States nuclear
			 regulatory commission for storage, treatment or disposal of low-level
			 radioactive waste unless the disposal facility license prohibits disposal of
			 TENORM;
(3) By disposal in an
			 injection well approved in accordance with Chapter 3745-34 of the
			 Administrative Code, or by transfer for disposal at an out-of-state injection
			 well approved by the applicable governmental authority;
(4) By transfer for disposal in another state
			 as otherwise approved by the applicable governmental authority and with written
			 approval of the director; or
(5) In
			 accordance with alternate methods authorized by the permitting agency for the
			 disposal site upon application or upon the director's initiative, consistent
			 with rule
			 3701:1-38-19 of the
			 Administrative Code and, where applicable, the Clean Water Act (33 U.S.C. §
										1251 et. seq as amended, as published in the
			 United States Code, 2006 edition), Safe Drinking Water Act (42 U.S.C. §
										300f et. seq. as amended, as published in the
			 United States Code, 2006 edition) and other requirements of the United States
			 environmental protection agency for disposal of such
			 wastes.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-19 - Recognition of state licenses - reciprocity

Current through all regulations passed and filed through July 1, 2024
(A) Any person who holds a specific license
			 from another state, issued by the department having jurisdiction where the
			 licensee maintains an office for directing the licensed activity and at which
			 radiation safety records are normally maintained, will be granted reciprocity
			 in the state of Ohio to conduct the same licensed activity provided that:
(1) The reciprocity form is
			 current;
(2) The person has not
			 violated Chapter 3748. of the Revised Code or the rules adopted
			 thereunder;
(3) The person applies
			 for reciprocity as outlined in this rule;
(4) The person notifies the director at least
			 three days in advance of each entry into the state after the reciprocity
			 agreement has been granted unless all dates and locations are specified within
			 the agreement document; and
(5)
			 There is no permanent location in Ohio requiring a specific license for
			 radioactive materials.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
Terms defined in rule
				3701:1-38-01 of the
				Administrative Code shall have the same meaning when used in this chapter
				except terms redefined within a given rule for use within that rule only, and
				additionally, as used in this chapter of the Administrative Code:
(A) "Act" means the Atomic Energy Act of 1954
			 (68 Stat. 919), including any amendments thereto.
(B) "Byproduct material," as used in this
			 chapter, means the tailings or wastes produced by the extraction or
			 concentration of uranium or thorium from any ore processed primarily for its
			 source material content, including discrete surface wastes resulting from
			 uranium solution extraction processes. Underground ore bodies depleted by such
			 solution extraction operations do not constitute byproduct material within this
			 definition. With the exception of "byproduct material" as defined in section
			 11e. of the act, other terms defined in section 11 of the act shall have the
			 same meaning when used in the rules of this chapter.
(C) "Principal activities," as used in this
			 part, means activities authorized by the license which are essential to
			 achieving the purpose(s) for which the license was issued or amended. Storage
			 during which no licensed material is accessed for use or disposal and
			 activities incidental to decontamination or decommissioning are not principal
			 activities.
(D) "Residual
			 radioactive material" means:
(1) Waste (which
			 the secretary of energy determines to be radioactive) in the form of tailings
			 resulting from the processing of ores for the extraction of uranium and other
			 valuable constituents of the ores; and
(2) Other waste (which the secretary of
			 energy determines to be radioactive) at a processing site which relates to such
			 processing, including any residual stock of unprocessed ores or low-grade
			 materials. This term is used only with respect to materials at sites subject to
			 remediation under title I of the Uranium Mill Tailings Radiation Control Act of
			 1978, as amended.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) The rules in Chapter 3701:1-44 of the
			 Administrative Code establish procedures and criteria for the issuance of
			 licenses to receive title to, receive, possess, use, transfer, or deliver
			 source and byproduct materials, as defined in rule
			 3701:1-44-01 of the
			 Administrative Code, and establish and provide for the terms and conditions
			 upon which the 
								director will issue such licenses.
(B) Except as provided in rules
			 3701:1-44-07
			 to
			 3701:1-44-10
			 of the Administrative Code, the rules in Chapter 3701:1-44 of the
			 Administrative Code apply to all persons in the state of Ohio.
Effective: 12/10/2015
Five Year
				Review (FYR) Dates: 09/24/2015 and
				09/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 2/6/2006
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-03 - Coverage of inactive tailings sites

Current through all regulations passed and filed through July 1, 2024
(A) Prior to the completion of the remedial
			 action, the United States nuclear regulatory commission will not require a
			 license pursuant to 10 CFR chapter I for possession of residual radioactive
			 materials as defined in rule
			 3701:1-44-01 of the
			 Administrative Code that are located at a site where milling operations are no
			 longer active, if the site is covered by the remedial action program of title I
			 of the "Uranium Mill Tailings Radiation Control
			 Act of 1978" ( Pub.L. 95-604, 92 Stat. 3021,
			 42
			 U.S.C. 7911 to
			 7925)
			 , as amended. The United States nuclear regulatory commission will exert
			 its regulatory role in remedial actions primarily through concurrence and
			 consultation in the execution of the remedial action pursuant to title I of the
			 "Uranium Mill Tailings Radiation Control Act of
			 1978" ( Pub.L. 95-604, 92 Stat. 3021,
			 42
			 U.S.C. 7911 to
			 7925)
			 , as amended. After remedial actions are completed, the United States
			 nuclear regulatory commission will license the long-term care of sites, where
			 residual radioactive materials are disposed, under the requirements set out in
			 10
			 C.F.R. 40.27
								(as in effect on the effective
			 date of this rule).
(B) The
			 United States nuclear regulatory commission will regulate byproduct material as
			 defined in this part that is located at a site where milling operations are no
			 longer active, if such site is not covered by the remedial action program of
			 title I of the "Uranium Mill Tailings Radiation
			 Control Act of 1978" ( Pub.L. 95-604, 92 Stat. 3021,
			 42
			 U.S.C. 7911 to
			 7925)
			 , as amended. The criteria in appendix A of 10 C.F.R. 40(as in
			 effect on the effective date of this rule) will be applied to such sites.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-04 - License requirements and types of licenses

Current through all regulations passed and filed through July 1, 2024
(A) A person subject to the rules in Chapter
			 3701:1-44 of the Administrative Code may not receive title to, own, receive,
			 possess, use, transfer, provide for long-term care, deliver or dispose of
			 byproduct material or residual radioactive material as defined in rule
			 3701:1-44-01 of the
			 Administrative Code or any source material after removal from its place of
			 deposit in nature, unless authorized in a specific or general license issued by
			 the 
								director under the rules in Chapter 3701:1-44 of the
			 Administrative Code.
(B) Licenses
			 for source material and byproduct material are of two types: general and
			 specific. Licenses for long-term care and custody of residual radioactive
			 material at disposal sites are general licenses. The general licenses provided
			 in Chapter 3701:1-44 of the Administrative Code are effective without the
			 filing of applications with the department or the issuance of licensing
			 documents to particular persons. Specific licenses are issued to named persons
			 upon applications filed pursuant to the rules in Chapter 3701:1-44 of the
			 Administrative Code.
Effective: 12/10/2015
Five Year
				Review (FYR) Dates: 09/24/2015 and
				09/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 2/6/2006
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-05 - Communications

Current through all regulations passed and filed through July 1, 2024
Except as otherwise provided, any communication or report
				required by Chapter 3701:1-44 of the Administrative Code shall be filed in
				accordance with Chapter 3748. of the Revised Code and rules promulgated
				thereunder. Documents pertaining to license application or any license matter,
				unless otherwise directed in writing, shall be submitted to the
				
								director at the following address or by electronic
				submission in a manner approved by the director:
"Ohio Department of Health
Bureau of Environmental Health
				and Radiation Protection
246 North High Street
Columbus, Ohio 43215"
Effective: 12/10/2015
Five Year
				Review (FYR) Dates: 09/24/2015 and
				09/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 2/6/2006, 11/28/10
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-06 - Completeness and accuracy of information

Current through all regulations passed and filed through July 1, 2024
(A) Information provided to the
			 
								director by an applicant for a license or by a
			 licensee or information required by statute or by the department's rules,
			 orders, or license conditions to be maintained by the applicant or the licensee
			 shall be complete and accurate in all material respects.
(B) Each applicant or licensee shall notify
			 the 
								director of information identified by the applicant or
			 licensee as having for the regulated activity a significant implication for
			 public health and safety or common defense and security. An applicant or
			 licensee violates this paragraph only if the applicant or licensee fails to
			 notify the 
								director of information that the applicant or
			 licensee has identified as having a significant implication for public health
			 and safety or common defense and security. Notification shall be provided to
			 the 
								director within two working days of identifying the
			 information. This requirement is not applicable to information which is already
			 required to be provided to the 
								director by other reporting or updating
			 requirements.
Effective: 12/10/2015
Five Year
				Review (FYR) Dates: 09/24/2015 and
				09/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 2/6/2006
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-07 - Persons using source material under certain department of energy and nuclear regulatory commission contracts

Current through all regulations passed and filed through July 1, 2024
(A) Except to the extent that United States
			 department of energy facilities or activities of the types subject to licensing
			 pursuant to section 202 of the "Energy
			 Reorganization Act of 1974" ( Pub.L. 93-438, 88 Stat.
			 1233,
			 42
			 U.S.C. 5842)  or the
			 "Uranium Mill Tailings Radiation Control Act of
			 1978" ( Pub.L. 95-604, 92 Stat. 3021,
			 42 U.S.C.
			 7901 st seq.) as amended are involved,
			 any prime contractor of the United States department of energy is exempt from
			 the requirements for a license set forth in sections 62, 63, and 64 of the
			 "Atomic Energy
			 Act of 1954 (68 Stat. 919)" and from the rules in this chapter to the
			 extent that such contractor, under his prime contract with the United States
			 department of energy, receives, possesses, uses, transfers or delivers source
			 material for:
(1) The performance of work for
			 the United States department of energy at a United States government-owned or
			 controlled site, including the transportation of source material to or from
			 such site and the performance of contract services during temporary
			 interruptions of such transportation;
(2) Research in, or development, manufacture,
			 storage, testing or transportation of, atomic weapons or components thereof;
			 or
(3) The use or operation of
			 nuclear reactors or other nuclear devices in a United States government-owned
			 vehicle or vessel.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-08 - Carriers

Current through all regulations passed and filed through July 1, 2024
Common and contract carriers, freight forwarders, warehousemen,
				and the United States postal service are exempt from the requirements in
				Chapter 3701:1-44 of the Administrative Code to the extent that they are not
				required to be licensed as set forth in Chapter 3748. of the Revised Code and
				rules promulgated thereunder to the extent that they only transport or store
				source material in the regular course of the carriage for another or storage
				incident thereto.
Five Year Review (FYR) Dates:
				09/22/2015 and
				09/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 2/6/2006
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-09 - Unimportant quantities of source material

Current through all regulations passed and filed through July 1, 2024
(A) Any person is exempt from the
			 requirements in Chapter 3701:1-44 of the Administrative Code and from the
			 requirements for a license set forth in Chapter 3748. of the Revised Code and
			 the rules adopted thereunder to the extent that such person receives,
			 possesses, uses, transfers or delivers source material in any chemical mixture,
			 compound, solution, or alloy in which the source material is by weight less
			 than one-twentieth of one per cent ( 0.05 per cent) of the mixture, compound,
			 solution or alloy. The exemption contained in this paragraph does not include
			 byproduct material as defined in Chapter 3701:1-44 of the Administrative Code.
(B) Any person is exempt from the
			 requirements in Chapter 3701:1-44 of the Administrative Code and from the
			 requirements for a license set forth in Chapter 3748. of the Revised Code and
			 the rules adopted thereunder to the extent that such person receives,
			 possesses, uses, or transfers unrefined and unprocessed ore containing source
			 material; provided, that, except as authorized in a specific license, such
			 person shall not refine or process such ore.
(C) Any person is exempt from the
			 requirements in Chapter 3701:1-38 and Chapter
			 3701:1-44 of the Administrative Code and from the requirements for a license
			 set forth in Chapter 3748. of the Revised Code and the rules adopted thereunder
			 to the extent that such person receives, possesses, uses, or transfers:
(1) Any quantities of thorium contained in:
(a) Incandescent gas mantles;
(b) Vacuum tubes;
(c) Welding rods;
(d) Electric lamps for illuminating purposes,
			 provided that each lamp does not contain more than fifty milligrams of
			 thorium;
(e) Germicidal lamps,
			 sunlamps, and lamps for outdoor or industrial lighting, provided that each lamp
			 does not contain more than two grams of thorium;
(f) Rare earth metals and compounds,
			 mixtures, and products containing not more than 0.25 per cent by weight
			 thorium, uranium, or any combination of these; or
(g) Personnel neutron dosimeters, provided
			 that each dosimeter does not contain more than fifty milligrams of
			 thorium.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-10 - Specific exemptions

Current through all regulations passed and filed through July 1, 2024
(A) The director may, upon application of any
			 interested person or upon the director's own initiative, grant such exemptions
			 from the requirements of the rules in Chapter 3701:1-44 of the Administrative
			 Code as the
			 director determines are authorized by law and will not endanger life or
			 property or the common defense and security and are otherwise in the public
			 interest.
(B) The United States
			 department of energy is exempt from the requirements of Chapter 3701:1-44 of
			 the Administrative Code.
(C) Except
			 as specifically provided in Chapter 3701:1-54 of the Administrative Code, any
			 licensee is exempt from the requirements of Chapter 3701:1-44 of the
			 Administrative Code to the extent that its activities are subject to the
			 requirements of Chapter 3701:1-54 of the Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-11 - General license to receive title to source or byproduct material

Current through all regulations passed and filed through July 1, 2024
A general license is hereby issued authorizing the receipt of
				title to source or byproduct material, as defined in rule
				3701:1-44-01 of the
				Administrative Code, without regard to quantity. This general license does not
				authorize any person to receive, possess, deliver, use, or transfer source or
				byproduct material.
Five Year Review (FYR) Dates:
				09/22/2015 and
				09/15/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 2/6/2006
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-12 - Small quantities of source material

Current through all regulations passed and filed through July 1, 2024
(A) A general license is hereby issued
			 authorizing commercial and industrial firms; research, educational and medical
			 institutions; and federal, state, and local government agencies to receive,
			 possess, use and transfer uranium and thorium, in their natural isotopic
			 concentrations and in the form of depleted uranium for research, development,
			 educational, commercial or operational purposes in the following forms and
			 quantities:
(1) No more than 1.5 kilograms (3.3 pounds)
			 of uranium and thorium in dispersible forms (e.g., gaseous, liquid, powder,
			 etc.) at any one time. Any material processed by the general licensee that
			 alters the chemical or physical form of the material containing source material
			 must be accounted for as a dispersible form. A person authorized to possess,
			 use, and transfer source material under this paragraph may not receive more
			 than a total of seven kilograms (15.4 pounds) of uranium and thorium in any one
			 calendar year; and
(2) No more than
			 a total of seven kilograms (15.4 pounds) of uranium and thorium at any one
			 time. A person authorized to possess, use, and transfer source material under
			 this paragraph may not receive more than a total of seventy kilograms (one
			 hundred fifty-four pounds) of uranium and thorium in any one calendar year. A
			 person may not alter the chemical or physical form of the source material
			 possessed under this paragraph unless it is accounted for under the limits of
			 paragraph (A)(1) of this rule; or
(3) No more than seven kilograms (15.4
			 pounds) of uranium, removed during the treatment of drinking water, at any one
			 time. A person may not remove more than seventy kilograms (one hundred
			 fifty-four pounds) of uranium from drinking water during a calendar year under
			 this paragraph; or
(4) No more than
			 seven kilograms (15.4 pounds) of uranium and thorium at laboratories for the
			 purpose of determining the concentration of uranium and thorium contained
			 within the material being analyzed at any one time. A person authorized to
			 possess, use, and transfer source material under this paragraph may not receive
			 more than a total of seventy kilograms (one hundred fifty-four pounds) of
			 source material in any one calendar year.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-13 - General license for use of certain industrial products or devices

Current through all regulations passed and filed through July 1, 2024
(A) A general
			 license is hereby issued to receive, acquire, possess, use, or transfer, in
			 accordance with the provisions of paragraphs (B), (C), (D), and (E) of this
			 rule, depleted uranium contained in industrial products or devices for the
			 purpose of providing a concentrated mass in a small volume of the product or
			 device.
(B) The general license in
			 paragraph (A) of this rule applies only to industrial products or devices which
			 have been manufactured or initially transferred in accordance with a specific
			 license issued pursuant to paragraph (A) of rule
			 3701:1-44-17
			 of the Administrative Code or in accordance with a specific license issued by
			 the United States nuclear regulatory commission, or an agreement state which
			 authorizes manufacture of the products or devices for distribution to persons
			 generally licensed by the director, the United States nuclear regulatory
			 commission or an agreement state.
(C)
(1)
			 Persons who receive, acquire, possess, or use depleted uranium pursuant to the
			 general license established by paragraph (A) of this rule shall file form HEA
			 5115, "Use of Depleted Uranium Under General License," with the
			 
									director. The form shall be submitted within thirty
			 days after the first receipt or acquisition of such depleted uranium. The
			 person shall furnish on form HEA 5115 the following information and such other
			 information as may be required by that form:
(a) Name and address of the person;
(b) A statement that the person has developed
			 and will maintain procedures designed to establish physical control over the
			 depleted uranium described in paragraph (A) of this rule and designed to
			 prevent transfer of such depleted uranium in any form, including metal scrap,
			 to persons not authorized to receive the depleted uranium; and
(c) Name and/or title, address, and telephone
			 number of the individual duly authorized to act for and on behalf of the person
			 in supervising the procedures identified in paragraph (C)(1)(b) of this
			 rule.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-15 - General requirements for issuance of specific licenses

Current through all regulations passed and filed through July 1, 2024
(A) An application
			 for a specific license will be approved if:
(1) The application is for a purpose
			 authorized by Chapter 3748. of the Revised Code and the rules promulgated
			 thereunder;
(2) The applicant is
			 qualified by reason of training and experience to use the source material for
			 the purpose requested in such manner as to protect health and minimize danger
			 to life or property;
(3) The
			 applicant's proposed equipment, facilities and procedures are adequate to
			 protect health and minimize danger to life or property;
(4) For an application to possess and use
			 source and byproduct material for uranium milling or for the conduct of any
			 other activity which the director determines will significantly affect the
			 quality of the environment, the director has concluded that the action called
			 for is the issuance of the proposed license, along with any appropriate
			 conditions to protect environmental values, after:
(a) Reviewing filed information;
(b) Making evaluations pursuant to rule
			 3701:1-40-30
			 of the Administrative Code; and
(c) Weighing the environmental, economic,
			 technical and other benefits against environmental costs and considering
			 available alternatives; and
(5) The applicant satisfies any applicable
			 special requirements contained in rule
			 3701:1-44-16
			 of the Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-44 - Licensing of Source Material › Section 3701:1-44-16 - Special requirements for issuance of specific licenses

Current through all regulations passed and filed through July 1, 2024
(A) An application
			 for a specific license to manufacture industrial products and devices
			 containing depleted uranium, or to initially transfer such products or devices,
			 for use pursuant to rule
			 3701:1-44-13
			 of the Administrative Code or equivalent regulations of the United States
			 nuclear regulatory commission or an agreement state, will be approved if:
(1) The applicant satisfies the general
			 requirements specified in rule
			 3701:1-44-15
			 of the Administrative Code;
(2) The
			 applicant submits sufficient information relating to the design, manufacture,
			 prototype testing, quality control procedures, labeling or marking, proposed
			 uses, and potential hazards of the industrial product or device to provide
			 reasonable assurance that possession, use, or transfer of the depleted uranium
			 in the product or device is not likely to cause any individual to receive in
			 one year a radiation dose in excess of ten per cent of the annual limits
			 specified in rule
			 3701:1-38-12
			 of the Administrative Code; and
(3)
			 The applicant submits sufficient information regarding the industrial product
			 or device and the presence of depleted uranium for a mass-volume application in
			 the product or device to provide reasonable assurance that unique benefits will
			 accrue to the public because of the usefulness of the product or
			 device.