reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-11 - Exempt quantities

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraphs (C) to
			 (E) of this rule, any person is exempt from requirements set forth in this
			 chapter and from the rules in Chapters 3701:1-46, 3701:1-48, 3701:1-49, and
			 3701:1-52 of the Administrative Code, to the extent that such person receives,
			 possesses, uses, transfers, owns, or acquires radioactive material in
			 individual quantities each of which does not exceed the applicable quantity set
			 forth in the appendix to this rule.
(B) Any person who possesses radioactive
			 material received or acquired before September 25, 1971, under the general
			 license then provided in 10 C.F.R. 31.4 or similar general license of a state,
			 is exempt from the requirements for a license set forth in this chapter and
			 from the rules in Chapters 3701:1-46, 3701:1-48, 3701:1-49, and 3701:1-52 of
			 the Administrative Code, to the extent that this person possesses, uses,
			 transfers, or owns radioactive material.
(C) This rule does not authorize for purposes
			 of commercial distribution the production, packaging, repackaging, or transfer
			 of radioactive material or the incorporation of radioactive material into
			 products intended for commercial distribution.
(D) No person may, for purposes of commercial
			 distribution, transfer radioactive material in the individual quantities set
			 forth in the appendix to this rule, knowing or having reason to believe that
			 such quantities of radioactive material will be transferred to persons exempt
			 under this chapter or equivalent regulations of an agreement state or the
			 United States nuclear regulatory commission, except in accordance with a
			 license, issued by the United States nuclear regulatory commission, which
			 states that the radioactive material may be transferred by the licensee to
			 persons exempt under this rule or the equivalent regulations of an agreement
			 state or the United States nuclear regulatory commission.
(E) No person may, for purposes of producing
			 an increased radiation level, combine quantities of radioactive material
			 covered by this exemption so that the aggregate quantity exceeds the limits set
			 forth in the appendix to this rule, except for radioactive material combined
			 within a device placed in use before May 3, 1999, or as otherwise permitted by
			 the rules in this chapter.
Click to
				view Appendix
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-12 - Self-luminous products containing tritium, krypton-85, or promethium-147

Current through all regulations passed and filed through July 1, 2024
(A) Except for
			 persons who manufacture, process, produce, or initially transfer for sale or
			 distribution self-luminous products containing tritium, krypton-85, or
			 promethium-147, and except as provided in paragraph (C) of this rule, a person
			 is exempt from the license requirements set forth in Chapters 3701:1-38,
			 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative
			 Code to the extent that such person receives, possesses, uses, transfers, owns,
			 or acquires tritium, krypton-85, or promethium-147 in self-luminous products
			 manufactured, processed, produced, or initially transferred in accordance with
			 a specific license issued pursuant to
			 10
			 C.F.R. 32.22
								, (as in effect on the
			 effective date of this rule) which license authorizes the initial
			 transfer of the product for use.
(B) Any person who desires to manufacture,
			 process, or produce, or initially transfer for sale or distribution
			 self-luminous products containing tritium, krypton-85, or promethium-147 for
			 use pursuant to paragraph (A) of this rule, shall apply for a specific license
			 issued by the United States nuclear regulatory commission and for a certificate
			 of registration in accordance with rule
			 3701:1-46-49
			 of the Administrative Code.
(C) The
			 exemption in paragraph (A) of this rule does not apply to tritium, krypton-85,
			 or promethium-147 used in products primarily for frivolous purposes or in toys
			 or adornments.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-13 - Gas and aerosol detectors containing radioactive material

Current through all regulations passed and filed through July 1, 2024
(A) Except for
			 persons who manufacture, process, produce, or initially transfer for sale or
			 distribution gas and aerosol detectors containing radioactive material, a
			 person is exempt from license requirements set forth in this chapter or
			 Chapters 3701:1-38, 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58
			 of the Administrative Code to the extent that such person receives, possesses,
			 uses, transfers, owns, or acquires radioactive material, in gas and aerosol
			 detectors designed to protect health, safety, or
			 property , and manufactured, processed,
			 produced, or initially transferred in accordance with a specific license for
			 manufacture and distribution issued pursuant to
			 10
			 C.F.R. 32.26
								
								(as in effect on the effective date of this
			 rule). This exemption also covers gas and aerosol detectors manufactured
			 or distributed before November 30, 2007, in accordance with a specific license
			 issued by a state under comparable provisions to
			 10
			 C.F.R. 32.26
								
			 authorizing distribution to persons exempt from regulatory
			 requirements.
(B) A person who
			 desires to manufacture, process, or produce gas and aerosol detectors
			 containing radioactive material, or to initially transfer such products for use
			 pursuant to paragraph (A) of this rule, shall apply for a specific license for
			 manufacture and distribution issued by the United States nuclear
			 regulatory commission and for a certificate of registration in accordance with
			 rule
			 3701:1-46-49
			 of the Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-14 - Application for specific licenses

Current through all regulations passed and filed through July 1, 2024
(A) An applicant for a license to receive and
			 possess radioactive material shall apply in accordance with rule
			 3701:1-38-02
			 of the Administrative Code and this chapter on a form prescribed by the
			 director. The original application shall be filed with the director.
			 Information contained in previous applications, statements or reports filed
			 with the director may be incorporated by reference, provided that the reference
			 is clear, specific, and has been on file with the department for not more than
			 two licensing periods, and provided that the item being referenced in the
			 document is being referenced without change.
(B) The director may at any time after the
			 filing of the original application require additional information from the
			 applicant in order to determine whether a license should be issued or whether a
			 current license should be modified or revoked.
(C) Each application shall be signed by the
			 applicant or a person duly authorized to act for the applicant.
(D) An application for a license to receive
			 and possess radioactive material for the conduct of any activity which the
			 director has determined pursuant to rule
			 3701:1-40-36
			 of the Administrative Code could potentially affect the quality of the
			 environment shall be filed at least nine months prior to commencement of
			 construction of the plant or facility in which the activity will be conducted
			 and shall be accompanied by any environmental report required pursuant to rule
			 3701:1-40-36
			 of the Administrative Code. The applicant is prohibited from the commencement
			 of construction activities in areas covered by the environmental reporting
			 requirements identified in rules
			 3701:1-40-30
			 to
			 3701:1-40-38
			 of the Administrative Code before the conclusion of these reviews. The terms
			 "construction" and "commencement of construction" shall have the same meaning
			 as identified in rule
			 3701:1-38-01 of the
			 Administrative Code.
(E)
(1) Except as provided in paragraphs (E)(2),
			 (E)(3), and (E)(4) of this rule, an application for a specific license to use
			 radioactive material in the form of a sealed source or in a device that
			 contains the sealed sources must either:
(a)
			 Identify the source or device by manufacturer and model number as registered in
			 the sealed source and device registry of the United States nuclear regulatory
			 commission in accordance with sealed source and device registry requirements
			 contained in rule
			 3701:1-46-49
			 of the Administrative Code, or with equivalent requirements from an agreement
			 state or the United States nuclear regulatory commission; or
(b) Contain the information specified in
			 sealed source and device registry requirements contained in paragraph (C) of
			 rule
			 3701:1-46-49
			 of the Administrative Code so that the director is able to perform the
			 review.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-15 - 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 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 radioactive material for the purpose requested in
			 such manner as to protect health and minimize danger to life or property or the
			 environment;
(4) The applicant
			 satisfies any special requirements contained in rule
			 3701:1-38-02
			 of the Administrative Code, and Chapters 3701:1-46, 3701:1-48, 3701:1-49,
			 3701:1-52, and 3701:1-58 of the Administrative Code; and
(5) In the case of an application for a
			 license to receive and possess radioactive material for the conduct of any
			 activity which the director determines could potentially affect the quality of
			 the environment, the department, before commencement of construction of the
			 plant or facility in which the activity will be conducted, on the basis of
			 information filed and evaluations made pursuant to rule
			 3701:1-40-30
			 of the Administrative Code, has concluded, after weighing the environmental,
			 economic, technical, and other benefits against environmental costs and
			 considering available alternatives, shall conclude that the action called for
			 is the issuance of the proposed license, with any appropriate conditions to
			 protect environmental values. Commencement of construction prior to such
			 conclusion shall be grounds for denial of a license to receive and possess
			 radioactive material in such plant or facility. As used in this paragraph the
			 term "commencement of construction" is as defined in
			 rule
			 3701:1-38-01 of the
			 Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-16 - Terms and conditions of licenses

Current through all regulations passed and filed through July 1, 2024
(A)
(1) A
			 license, or any right under a license, shall not be transferred, assigned or in
			 any manner disposed of, either voluntarily or involuntarily, directly or
			 indirectly, through transfer of control of any license to any person, unless
			 the director finds that the transfer is in accordance with this rule and
			 Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the
			 Administrative Code. A license or any right contained therein may not be
			 transferred or conveyed without the written authorization of the director. If
			 the director approves the transfer and receives payment of the appropriate
			 licensing fee, a new license will be issued to the transferee.
(2) An application for transfer of license
			 must include:
(a) The identity, technical and
			 financial qualifications of the proposed transferee; and
(b) Financial assurance for decommissioning
			 information required by rule
			 3701:1-40-17
			 of the Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-17 - Financial assurance and record keeping for decommissioning

Current through all regulations passed and filed through July 1, 2024
(A) Prior to the
			 director issuing a radioactive materials license:
(1) Each applicant for a specific license or
			 license renewal authorizing the possession and use of unsealed radioactive
			 material of half-life greater than one hundred twenty days and in quantities
			 exceeding ten thousand times the applicable quantities set forth in appendix A
			 to this rule shall submit a decommissioning funding plan as described in
			 paragraph (D) of this rule. The decommissioning funding plan must also be
			 submitted when a combination of radionuclides is involved if R divided by ten
			 thousand is greater than one, where R is defined here as the sum of the ratios
			 of the quantity of each radionuclide to the applicable value in appendix A to
			 this rule.
(2) Each applicant for a
			 specific license or license renewal authorizing the possession and use of
			 sealed sources or plated foils of half-life greater than one hundred twenty
			 days and in quantities exceeding one trillion times the applicable quantities
			 of appendix A to this rule, shall submit a decommissioning funding plan as
			 described in paragraph (D) of this rule. The decommissioning funding plan must
			 also be submitted when a combination of radionuclides is involved if R divided
			 by one trillion is greater than one, where R is defined here as the sum of the
			 ratios of the quantity of each radionuclide to the applicable value in appendix
			 A to this rule.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-18 - Expiration or termination of license; 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 
								in
			 accordance with paragraph (E) of rule
			 3701:1-38-02
			 of the Administrative Code. If an application for renewal has been filed at
			 least ninety days, or in the case of a broad scope license, at least one
			 hundred eighty days prior to the expiration date stated in the existing
			 license, the existing license expires at the later of 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 for the possession of radioactive material that requires a
			 decommissioning plan shall continue in effect and shall 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 shall:
(1) Limit actions involving
			 radioactive material 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
			 department requirements as may be imposed by rule
			 3701:1-38-22 of
			 the Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-19 - Transfer of radioactive material

Current through all regulations passed and filed through July 1, 2024
(A) No licensee shall transfer
			 
								radioactive material except as authorized by this
			 rule.
(B) Except as otherwise
			 provided in the license and subject to the provisions of paragraph (C) of this
			 rule, any licensee may transfer radioactive
			 material:
(1) To the United States department of energy;
(2) To the agency in any agreement state
			 which regulates radioactive material pursuant to an agreement under section 274
			 of the "Atomic Energy Act", as amended;
(3) To any person exempt from the licensing
			 requirements of the act and regulations in this chapter, to the extent
			 permitted under such exemption;
(4) To any person in an agreement state,
			 subject to the jurisdiction of that state, who has been exempted from the
			 licensing requirements and regulations of that state, to the extent permitted
			 under such exemption;
(5) To any
			 person authorized to receive such 
									radioactive
			 material under terms of a specific license or a general license or their
			 equivalents issued by the United States atomic
			 energy commission, the United States nuclear regulatory commission,
			  or an agreement
			 state; or
(6) As otherwise
			 authorized by the director in writing.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-20 - 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 department 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 department 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 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-21 - Records

Current through all regulations passed and filed through July 1, 2024
(A) Each person who
			 receives radioactive material under a license issued pursuant to the rules in
			 this chapter, and other chapters of the Administrative Code adopted pursuant to
			 Chapter 3748. of the Revised Code, and rule
			 3701:1-38-02
			 of the Administrative Code, shall keep records showing the receipt, transfer,
			 and disposal of the radioactive material as follows:
(1) The licensee shall retain each record of
			 receipt of radioactive material 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
			 shall 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
			 shall retain each record of disposal of radioactive material until the director
			 terminates each license that authorizes disposal of the material.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-22 - Specific licenses of broad scope

Current through all regulations passed and filed through July 1, 2024
(A) An application for specific license of
			 broad scope shall be made in accordance with rules
			 3701:1-38-02
			 and
			 3701:1-40-14
			 of the Administrative Code.
(1) If a current
			 licensee wants to obtain a broad scope license, the application will be
			 considered by the director if the application addresses and meets requirements
			 of this chapter and rule
			 3701:1-38-02
			 of the Administrative Code.
(2)
			 Broad scope licensees are not exempt from the notification requirements in
			 paragraph (C) of rule
			 3701:1-40-18
			 of the Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-23 - Requirements for the issuance of a type A specific license of broad scope

Current through all regulations passed and filed through July 1, 2024
The director shall approve an application for a type A specific
				license of broad scope provided that the applicant:
(A) Satisfies the general requirements
			 specified in rules
			 3701:1-38-02
			 and
			 3701:1-40-15
			 of the Administrative Code;
(B)
			 Has engaged in a reasonable number of activities involving the use of
			 
								
								radioactive material; and
(C) Has established administrative controls
			 and provisions relating to organization and management, procedures, record
			 keeping, material control, and accounting and management review that are
			 necessary to assure safe operations, including:
(1) The establishment of a radiation safety
			 committee composed of such persons as a radiation safety officer, a
			 representative of management, and persons trained and experienced in the safe
			 use of radioactive materials;
(2)
			 The appointment of a radiation safety officer who is qualified by training and
			 experience in radiation protection, and who is available for advice and
			 assistance on radiological safety matters; and
(3) The establishment of appropriate
			 administrative procedures to assure:
(a)
			 Control of procurement and use of 
										radioactive
			 material;
(b) Completion of safety
			 evaluations of proposed uses of 
										
										radioactive material which take into
			 consideration such matters as the adequacy of facilities and equipment,
			 training and experience of the user, and the operating or handling procedures;
			 and
(c) Review, approval, and
			 recording by the radiation safety committee of safety evaluations of proposed
			 uses prepared in accordance with paragraph (C)(3)(b) of this rule prior to use
			 of the 
										radioactive material.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-24 - Requirements for the issuance of a type B specific license of broad scope

Current through all regulations passed and filed through July 1, 2024
The director shall approve an application for a type B specific
				license of broad scope provided that the applicant:
(A) Satisfies the general requirements
			 specified in rules
			 3701:1-38-02
			 and
			 3701:1-40-15
			 of the Administrative Code; and
(B) Has established administrative controls
			 and provisions relating to organization and management, procedures, record
			 keeping, material control and accounting, and management review that are
			 necessary to assure safe operations, including:
(1) The appointment of a radiation safety
			 officer who is qualified by training and experience in radiation protection,
			 and who is available for advice and assistance on radiological safety matters;
			 and
(2) The establishment of
			 appropriate administrative procedures to assure:
(a) Control of procurement and use of
			 
										radioactive material;
(b) Completion of safety evaluations of
			 proposed uses of 
										
										radioactive material which take into
			 consideration such matters as the adequacy of facilities and equipment,
			 training and experience of the user, and the operating or handling procedures;
			 and
(c) Review, approval, and
			 recording by the radiation safety officer of safety evaluations of proposed
			 uses prepared in accordance with paragraph (B)(2)(b) of this rule prior to use
			 of the 
										radioactive material.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-25 - Requirements for the issuance of a type C specific license of broad scope

Current through all regulations passed and filed through July 1, 2024
The director shall approve an application for a type C specific
				license of broad scope provided that the applicant:
(A) Satisfies the general requirements
			 specified in rules
			 3701:1-38-02
			 and
			 3701:1-40-15
			 of the Administrative Code;
(B)
			 The applicant submits a statement that 
								radioactive
			 material will be used only by, or under the direct supervision of, individuals
			 who have received:
(1) A college degree from
			 an accredited institution at the bachelor level, or equivalent training and
			 experience, in the physical or biological sciences or in engineering; and
(2) At least forty hours of
			 training and experience in the safe handling of radioactive materials, and in
			 the characteristics of ionizing radiation, units of radiation dose and
			 quantities, radiation detection instrumentation, and biological hazards of
			 exposure to radiation appropriate to the type and forms of
			 
									radioactive material to be used; and
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-26 - Conditions of specific licenses of broad scope

Current through all regulations passed and filed through July 1, 2024
(A) Unless specifically authorized pursuant
			 to other rules of this chapter, persons licensed under rules
			 3701:1-40-22
			 to
			 3701:1-40-25
			 of the Administrative Code shall not:
(1)
			 Conduct tracer studies in the environment involving direct release of
			 
									
									radioactive
			 material;
(2) Receive, acquire,
			 own, possess, use, transfer, or import devices containing three thousand seven
			 hundred terabecquerels (one hundred thousand curies) or more of
			 
									radioactive material in sealed sources used for
			 irradiation of materials;
(3)
			 Conduct activities for which a specific license issued by the director under
			 this chapter or Chapter 3701:1-46, 3701:1-48, or 3701:1-58 of the
			 Administrative Code is required; or
(4) Add or cause the addition of
			 
									radioactive material to any food, beverage,
			 cosmetic, drug, or other product designed for ingestion or inhalation by, or
			 application to, a human being.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-27 - Exemptions and continued regulatory authority in agreement states and in offshore waters under section 274 of the Atomic Energy Act

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 provided in paragraph (B) of this rule, a person who receives, possesses, uses
			 or transfers byproduct material, source, or special nuclear material in Ohio,
			 in quantities not sufficient to form a critical mass is required to obtain a
			 license from Ohio in accordance with Chapter 3748. of the Revised Code, and
			 rule
			 3701:1-38-02
			 of the Administrative Code.
(B) The
			 following activities are exempt based on section
			 3748.21
			 of the Revised Code since these activities are under United States nuclear
			 regulatory commission jurisdiction:
(1)
			 Activities set forth in
			 10 C.F.R.
			 150.15
									, 
									(as in effect on the
			 effective date of this rule) and any person in offshore waters with
			 respect to byproduct, source, and special nuclear material.
(2) All persons who knowingly provide to any
			 licensee, contractor, or subcontractor, components, equipment, materials, or
			 other goods or services that relate to a licensee's activities, and as such,
			 may be individually subject to enforcement action by the United States nuclear
			 regulatory commission for violation of
			 10 C.F.R.
			 30.10,
			 40.10, and
			 70.10
									,
			 
									(as in effect on the effective date of this rule)
			 if applicable, for radioactive material taken or used in a non-agreement state
			 outside of the state of Ohio or within Ohio under exclusive federal
			 jurisdiction.
(3) Any federal
			 government agency as that term is defined in
			 10
			 C.F.R. 150.3
									
									(as in effect on the effective date of this
			 rule).
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-28 - Recognition of agreement state licenses - reciprocity

Current through all regulations passed and filed through July 1, 2024
(A) Any person who
			 holds a specific license from another agreement state or the United States
			 nuclear regulatory commission and who maintains an office from which the
			 licensee directs the licensed activity and retains radiation safety records,
			 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 department 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 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-29 - Funds for reclamation of radioactive material

Current through all regulations passed and filed through July 1, 2024
(A) The total amount of funds the department
			 collects, pursuant to a license for radioactive material or for any activity
			 that results in the production of such material, for reclamation or long term
			 maintenance and monitoring of such material shall, after
			 November 8, 1981, be transferred to the United States if title and custody of
			 such material and its disposal site is transferred to the United States upon
			 termination of such license. Such funds include, but are not limited to, sums
			 collected for long term surveillance which includes continued site observation,
			 monitoring and, where necessary, maintenance. Such funds do not, however,
			 include monies held as surety where no default has occurred and the reclamation
			 or other bonded activity has been performed.
(B) The payments the department receives for
			 reclamation or long term surveillance must, after November 8, 1981, be
			 sufficient to ensure compliance with those standards established by the United
			 States nuclear regulatory commission pertaining to bonds, sureties, and
			 financial arrangements to ensure adequate reclamation and long term management
			 of such radioactive material and its disposal site.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-30 - Preliminary procedures for environmental review

Current through all regulations passed and filed through July 1, 2024
(A) The department shall require an
			 environmental report to be submitted with the license application and a bureau
			 assessment report following the department review of the environmental report
			 in the case of any of the following:
(1) The
			 applicant proposes a major action that could potentially affect the environment
			 as it relates to human health;
(2)
			 Any other action which the director determines is a major action which could
			 potentially affect the environment as it relates to human health;
(3) The applicant applies for a license to
			 possess and use source material for uranium milling or production of uranium
			 hexafluoride pursuant to Chapter 3701:1-44 of the Administrative
			 Code;
(4) The applicant applies for
			 a license or renewal authorizing receipt and disposal of radioactive waste from
			 other persons pursuant to Chapter 3701:1-54 of the Administrative
			 Code.
(5) The applicant applies for
			 a license amendment pursuant to Chapter 3701:1-54 of the Administrative Code
			 authorizing either of the following:
(a)
			 Closure of a land disposal site; or
(b) Transfer of the license to the disposal
			 site owner for the purpose of institutional control; or
(6) Notwithstanding paragraph (C) of this
			 rule, and in accordance with paragraph (B) of this rule, the department may, in
			 special circumstances, require the preparation of an environmental report and
			 bureau assessment report on an action that is listed as a categorical
			 exclusion.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-31 - Determination to prepare bureau assessment report; eligibility for categorical exclusion

Current through all regulations passed and filed through July 1, 2024
(A) Before taking a proposed action subject
			 to the provisions of this rule, the department will determine whether the
			 proposed action is of the type listed in paragraph (C) of rule
			 3701:1-40-30
			 of this chapter as a categorical exclusion, or whether an environmental report
			 is required and a bureau assessment report will be prepared. A bureau
			 assessment report may be a finding of either no significant impact, or a report
			 that assesses the adverse radiological impact of a proposed facility or action.
(B) Whenever the director
			 determines that a bureau assessment report will be prepared by the department
			 in connection with a proposed action, the department shall develop an action
			 plan and proposed time line. The department shall also do the following:
(1) Publish notice of a public meeting on the
			 proposed license and content of the applicant's environmental report as
			 provided in rule
			 3701:1-40-37
			 of thhis chapter.
(2) Provide that
			 the public meeting includes discussion on the proposed environmental report,
			 action plan and time line for the bureau assessment report and provide the
			 outline and deadlines for public comment.
(3) Provide the locations where a copy of the
			 environmental report may be viewed.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-32 - Finding of no significant impact

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with paragraph (A) of rule
			 3701:1-40-31
			 of the Administrative Code, the department may prepare a bureau assessment
			 report that makes a finding that the proposed action presents no significant
			 radiological impact to the environment as it affects human health. A finding of
			 no significant impact shall:
(1) Identify the
			 proposed action;
(2) State that
			 the department has determined not to prepare a formal bureau assessment report
			 for the proposed action;
(3)
			 Briefly present the reasons why the proposed action will not have a significant
			 adverse radiological impact on the quality of human health or the environment;
(4) Note any other related
			 environmental documents; and
(5)
			 State that the finding and any related environmental documents are available
			 for public inspection and where the documents may be inspected.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-33 - Environmental report

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-35 - Final publishing of bureau assessment report

Current through all regulations passed and filed through July 1, 2024
(A) The department shall consider comments
			 received pursuant to rules
			 3701:1-40-34
			 and
			 3701:1-40-37
			 of this chapter and prepare a final bureau assessment report that contains the
			 elements specified in rule
			 3701:1-40-34
			 of the Administrative Code.
(B) The
			 final bureau assessment report shall contain all of the following:
(1) A summary of responses to any relevant
			 comments received on the draft bureau assessment report or on any supplement to
			 the draft bureau assessment report;
(2) A discussion of any relevant opposing
			 view not adequately discussed in the draft bureau assessment report or in any
			 supplement to the draft bureau assessment report, and a response to the issues
			 raised;
(3) A statement on how the
			 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; and
(4) A final analysis
			 and a final recommendation on the action to be taken.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-36 - Requirement to provide a decision

Current through all regulations passed and filed through July 1, 2024
(A) If a final bureau assessment report is
			 required, the report shall become part of the director's decision. The decision
			 shall be clearly identified and shall include the following:
(1) A statement of the decision.
(2) Identification of all alternatives
			 considered by the department, a statement that these alternatives were included
			 in the range of alternatives discussed in the bureau assessment report, and a
			 statement specifying any alternative that is considered to be environmentally
			 preferable.
(3) A discussion of
			 preferences among alternatives based on relevant factors including statutory
			 requirements in Chapter 3748. of the Revised Code.
(4) A statement indicating whether the
			 department has taken all practicable measures to avoid or minimize
			 environmental harm from the alternative selected, and if not, to explain why
			 those measures were not adopted. The statement also shall summarize any license
			 conditions and monitoring programs adopted in connection with mitigation
			 measures.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-39 - Radioactive drug: capsules containing carbon-14 urea for "in vivo" diagnostic use for humans

Current through all regulations passed and filed through July 1, 2024
(A)
								 Except as
			 provided in paragraphs (B) and (C) of this rule, any person is exempt from the
			 requirements for a license set forth in this chapter and Chapter 3701:1-58 of
			 the Administrative Code, provided that such person receives, possesses, uses,
			 transfers, owns, or acquires capsules containing thirty-seven kilobecquerels
			 (one microcurie) carbon-14 urea (allowing for nominal variation that may occur
			 during the manufacturing process) each, for "in vivo" diagnostic use for
			 humans.
(B)
								 Any person who desires to use the capsules for
			 research involving human subjects shall apply for and receive a specific
			 license under Chapter 3701:1-58 of the Administrative Code.
(C)
								 Any person who
			 desires to manufacture, prepare, process, produce, package, repackage, or
			 transfer for commercial distribution such capsules shall apply for and receive
			 a specific license under Chapter 3701:1-46 of the Administrative Code.
(D)
								
			 Nothing in this rule relieves persons from complying with applicable United
			 States food and drug administration, other federal, and state requirements
			 governing receipt, administration, and use of drugs.
Replaces: 3701:1-40-03
Five Year Review (FYR) Dates:
				04/08/2015 and
				04/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.02,
				3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 7/22/2001, 8/15/05,
				10/04/10
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
Terms defined in rule
				3701:1-38-01 of the
				Administrative Code 
								will 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 Chapter 3701:1-43 of the Administrative
				Code:
(A) "Beneficial to the product"
			 means that the radioactivity of the technologically enhanced naturally
			 occurring radioactive material (TENORM) is necessary to the use of the
			 product.
(B) "Commencement of
			 construction" means any clearing of land, excavation, or other substantial
			 action that would adversely affect the environment of a site. The term does not
			 mean site exploration, necessary roads for site exploration, borings to
			 determine foundation conditions, or other preconstruction monitoring or testing
			 to establish background information related to the suitability of the site or
			 the protection of the environment.
(C) "Conditional release" means release by a
			 licensee for a specified use other than release for unrestricted use.
(D) "Consumer" means a member of the public
			 exposed to TENORM from final end-use products available on a retail
			 basis.
(E) "Consumer or retail
			 product" means any product, article, or component part thereof, produced,
			 distributed or sold for use by a consumer in or around a permanent or temporary
			 household or residence, or for the personal use, consumption, or enjoyment of a
			 consumer, or for use in or around a school or playground.
(F) "Product" means something produced, made,
			 manufactured, refined, or beneficiated.
(G) "Reasonably maximally exposed individual"
			 means a representative of a population who is exposed to TENORM at the maximum
			 TENORM concentration measured in environmental media found at a site along with
			 reasonable maximum case exposure assumptions. The exposure is determined by
			 using maximum values for one or more of the most sensitive parameters affecting
			 exposure, based on cautious but reasonable assumptions, while leaving the
			 others at their mean value.
(H)
			 "Technologically Enhanced Naturally Occurring Radioactive Material (TENORM)"
			 means naturally occurring radioactive material whose radionuclide
			 concentrations are increased by or as a result of past or present human
			 practices. TENORM does not include drill cuttings, or natural background
			 radiation. TENORM does not include "source material" and "byproduct material"
			 as both are defined in rule
			 3701:1-38-01 of the
			 Administrative Code.
(I) "Transfer"
			 means the physical relocation of TENORM within a business' operation, or
			 between general or specific licensees. This term does not include commercial
			 distribution. This term does not include a change in legal title to TENORM that
			 does not involve physical movement of those materials.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-43 - Technologically Enhanced Naturally Occurring Radioactive Material › Section 3701:1-43-02 - Purpose and scope

Current through all regulations passed and filed through July 1, 2024
(A) This chapter establishes radiation
			 protection standards for "Technologically Enhanced Naturally Occurring
			 Radioactive Material" (TENORM). These standards include the possession, use,
			 processing, manufacture, distribution, transfer, and disposal of TENORM and of
			 products with TENORM. This chapter also provides for the licensing of TENORM,
			 including license termination. The requirements of this chapter are in addition
			 to, and not a substitution for, other requirements of Chapter 3748. of the
			 Revised Code and the rules promulgated thereunder.
(B) Except as otherwise excluded in this
			 rule, this chapter applies to any person who receives, possesses, uses,
			 processes, transfers, distributes, or disposes of TENORM.
(C) The manufacture and distribution of
			 products containing TENORM in which the TENORM's emitted radiation is
			 considered beneficial to the products are licensed pursuant to the provisions
			 of Chapter 3701:1-40 of the Administrative Code.
(D) This chapter also addresses the
			 introduction of TENORM into products in which the radiation emitted from the
			 TENORM is not considered to be beneficial to the products.
(E) This chapter does not apply to source
			 material and byproduct material as both are defined in rule
			 3701:1-38-01 of the
			 Administrative Code.
(F) Storage
			 incident to transportation and transportation of TENORM
			 
								will be
			 in accordance with the requirements in Chapter 3701:1-38 and Chapter 3701:1-50
			 of the Administrative Code.