Chapter 3701:1-40 Byproduct and Accelerator Produced Materials

3701:1-40-01 Definitions.

Terms defined in rule 3701:1-38-01 of the Administrative Code shall have the same meaning when used in Chapter 3701:1-40 of the Administrative Code except terms redefined within a given rule for use within that rule only, and additionally, as used in Chapter 3701:1-40 of the Administrative Code:

(A) “Bureau assessment report” means a document prepared by the department that briefly provides evidence and analysis of whether there is an adverse radiological impact on human health or the human environment or whether there is no significant impact.

(B) “Categorical exclusion” means a category of actions which do not individually or cumulatively have a significant effect on human health or the human environment.

(C) “Environmental report” means a document submitted to the department by an applicant for a license, renewal, or amendment thereof, that aids the department in completing the bureau assessment report.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 2/6/06

3701:1-40-02 Scope.

(A) This chapter prescribes specific radiation protection requirements applicable to all persons in Ohio handling radioactive material for which licensure is required. The requirements of this chapter are in addition to, and not in substitution for, other requirements of the Administrative Code. In any conflict between the requirements in this chapter and a specific requirement in another chapter of the Administrative Code adopted pursuant to Chapter 3748. of the Revised Code, the more specific requirement governs.

(B) The director may issue licenses for radioactive material as outlined in this chapter. Handlers of source material and special nuclear material less than critical mass shall comply with the requirements of Chapters 3701:1-44 and 3701:1-56 of the Administrative Code, respectively . The director shall issue a specific license to a named person upon application filed in accordance with paragraph (C) of rule 3701:1-38-02 of the Administrative Code. A general license may be effective without application to the director based on criteria in rules covering manufacture and distribution of radioactive material and rule 3701:1-38-02 of the Administrative Code.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/01, 8/15/05

3701:1-40-03 Activities requiring license.

Unless otherwise exempt as provided in rule 3701-39-02.1 of the Administrative Code, or unless possession is solely for the purpose of transportation, no person shall handle or possess (including manufacture, produce, acquire, or own) or dispose of (including closure, decommissioning, reclamation, or long-term surveillance or care) radioactive material except as authorized in a specific or general license issued in accordance with this chapter, or 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.

Replaces: 3701:1-40-03

Effective: 10/04/2010

R.C. 119.032 review dates: 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-04 Communications.

Except as otherwise provided, any communication or report required by this chapter 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 department at the following address or electronic submission in a manner approved by the director.

“Ohio Department of Health

Bureau of Radiation Protection

246 North High Street

Columbus, Ohio 43215.”

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-05 Completeness and accuracy of information.

All information provided to the director by an applicant for a license, or by a licensee, and all information required to be maintained by the applicant or the licensee in accordance with license conditions or by Chapter 3748. of the Revised Code or Rules adopted thereunder, shall be complete and accurate in all material respects.

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-06 Department of energy contractors.

(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” are involved, any prime contractor of the United States department of energy is exempt from the license requirements set forth in sections 81 and 82 of the “Atomic Energy Act” and from the regulations in this chapter to the extent that such contractor, under his prime contract with the United States department of energy, manufactures, produces, transfers, receives, acquires, owns, possesses, or uses byproduct 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 byproduct 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.

(B) In addition to the exemptions specified in paragraph (A) of this rule and subject to the requirement for licensing of the United States department of energy facilities and activities pursuant to section 202 of the “Energy Reorganization Act of 1974”, any prime contractor or subcontractor of the United States department of energy or the United States nuclear regulatory commission is exempt from the requirements for a license set forth in sections 81 and 82 of the “Atomic Energy Act” and from the regulations in this chapter to the extent that such prime contractor or subcontractor manufactures, produces, transfers, receives, acquires, owns, possesses, or uses byproduct material under his prime contract or subcontract when the United States nuclear regulatory commission determines that the exemption of the prime contractor or subcontractor is authorized by law; and that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-07 Carriers.

Common and contract carriers, freight forwarders, warehousemen, and the United States postal service are exempt from the regulations in this chapter and Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 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 rule 3701:1-38-02 of the Administrative Code, and to the extent that they only transport or store radioactive material in the regular course of carriage for another or storage incident thereto.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-08 Exempt concentrations.

(A) Except as may be required in paragraphs (C) and (D) of this rule, any person is exempt from the requirements for a license set forth in this chapter and Chapters 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 products or materials containing radioactive material in concentrations that do not exceed those listed in the appendix to this rule.

(B) This rule shall not be deemed to authorize the import of radioactive material or products containing radioactive material.

(C) A manufacturer, processor, or producer of a product or material from the rules in this chapter and Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative Code to the extent that the person transfers radioactive material contained in a product or material in concentrations not in excess of those specified in the appendix to this rule and introduced into the product or material by a licensee holding a specific license issued by an agreement state, the United States nuclear regulatory commission, or the director, expressly authorizing such introduction. This exemption does not apply to the transfer of radioactive material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being.

(D) No person may introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under this rule, except in accordance with a license issued by the United States nuclear regulatory commission.

Appendix

Exempt Concentrations

See Appendix at http://www.registerofohio.state.oh.us/pdfs/3701/1/40/3701$1-40-08_PH_FF_A_APP1_20090501_1249.pdf

Effective: 05/11/2009

R.C. 119.032 review dates: 01/05/2009 and 05/01/2014

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-09 Certain items containing radioactive material.

(A) Except for persons who apply radioactive material to, or persons who incorporate radioactive material into, the following products, or persons who initially transfer for sale or distribution the following products containing radioactive material, any person is exempt from the requirements for a license set forth in this chapter and Chapters 3701:11-38, 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 the following products:

(1) Timepieces or hands or dials containing not more than the following specified quantities of radioactive material and not exceeding the following specified levels of radiation:

(a) Nine hundred twenty-five megabecquerels (twenty-five millicuries) of tritium per timepiece,

(b) One hundred eighty-five megabecquerels (five millicuries) of tritium per hand,

(c) Five hundred fifty-five megabecquerels (fifteen millicuries) of tritium per dial (bezels when used shall be considered as part of the dial),

(d) 3.7 megabecquerels (one hundred microcuries) of promethium-147 per watch or 7.4 megabecquerels (two hundred microcuries) of promethium-147 per any other timepiece,

(e) Seven hundred forty kilobecquerels (twenty microcuries) of promethium-147 per watch hand or one thousand four hundred eighty kilobecquerels (forty microcuries) of promethium-147 per other timepiece hand,

(f) Two thousand two hundred twenty kilobecquerels (sixty microcuries) of promethium-147 per watch dial or 4.44 megabecquerels (one hundred twenty microcuries) of promethium-147 per other timepiece dial (bezels when used shall be considered as part of the dial), and

(g) The levels of radiation from hands and dials containing promethium-147 will not exceed, when measured through fifty milligrams per square centimeter of absorber:

(i) For wrist watches, one nanogray ( 0.1 millirad) per hour at ten centimeters from any surface,

(ii) For pocket watches, one nanogray ( 0.1 millirad) per hour at one centimeter from any surface, and

(iii) For any other timepiece, two nanogray ( 0.2 millirad) per hour ( 0.2 millirad per hour) at ten centimeters from any surface.

(h) Thirty-seven kilobecquerels (one microcurie) of radium-226 per timepiece in intact timepieces manufactured prior to November 30, 2007.

(2) Balances of precision containing not more than thirty-seven megabecquerels (one millicurie) of tritium per balance or not more than 18.5 megabecquerels ( 0.5 millicurie) of tritium per balance part manufactured before December 17, 2007.

(3) Marine compasses containing not more than 27.75 gigabecquerels (seven hundred fifty millicuries) of tritium gas and other marine navigational instruments containing not more than 9.25 gigabecquerels (two hundred fifty millicuries) of tritium gas manufactured before December 17, 2007.

(4) Ionization chamber smoke detectors containing not more than thirty-seven kilobecquerels (one microcurie) of americium-241 per detector in the form of a foil and designed to protect life and property from fires.

(5) Electron tubes: provided, that each tube does not contain more than one of the following specified quantities of byproduct material:

(a) 5.55 gigabecquerels (one hundred fifty millicuries) of tritium per microwave receiver protector tube or three hundred seventy megabecquerels (ten millicuries) of tritium per any other electron tube;

(b) Thirty-seven kilobecquerels (one microcurie) of cobalt-60;

(d) One thousand one hundred ten kilobecquerels (thirty microcuries) of krypton-85;

(e) One hundred eighty-five kilobecquerels (five microcuries) of cesium-137; or

(f) One thousand one hundred ten kilobecquerels (thirty microcuries) of promethium-147;

And provided further, that the levels of radiation from each electron tube containing radioactive material do not exceed ten nanogray (one millirad) per hour at one centimeter from any surface when measured through seven milligrams per square centimeter of absorber. For purposes of this paragraph, electron tubes include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pickup tubes, radiation detection tubes, and any other completely sealed tube that is designed to conduct or control electrical currents.

(6) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material, provided that:

(a) Each source contains no more than one exempt quantity as set forth in the appendix to rule 3701:1-40-11 of the Administrative Code; and

(b) Each instrument contains no more than ten exempt quantities. For the purposes of this paragraph, an instrument’s source may contain either one type or different types of radionuclides, and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in the appendix to rule 3701:1-40-11 of the Administrative Code, provided that the sum of such fractions shall not exceed unity.

(c) For purposes of this paragraph, 1.85 kilobecquerels (0.05 microcurie) of americium-241 is considered an exempt quantity under the appendix to rule 3701:1-40-11 of the Administrative Code.

(B) Any person who desires to apply radioactive material to, or to incorporate radioactive material into, the products exempted in paragraph (A) of this rule, or who desires to initially transfer for sale or distribution such products containing radioactive material, shall apply for a specific license issued by the United States nuclear regulatory commission.

Effective: 04/05/2009

R.C. 119.032 review dates: 01/05/2009 and 04/05/2014

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-10 Resins containing scandium-46 and designed for sand-consolidation in oil wells. [Rescinded].

Rescinded eff 4-5-09

3701:1-40-11 [Effective until 1/1/2012] Exempt quantities.

(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. section31.4 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.

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Effective: 10/04/2010 R.C. 119.032 review dates: 06/25/2010 and 06/01/2015 Promulgated Under: 119.03 Statutory Authority: 3748.02, 3748.04Rule Amplifies: 3748.04, 3748.06, 3748.07Prior Effective Dates: 7/22/2001, 8/15/05, 5/11/09

3701:1-40-11 [Effective 1/1/2012] Exempt quantities

(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. section 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.

Click to view Appendix

Effective: 01/01/2012 R.C. 119.032 review dates: 08/30/2011 and 01/01/2017 Promulgated Under: 119.03 Statutory Authority: 3748.04 Rule Amplifies: 3748.04, 3748.06, 3748.07 Prior Effective Dates: 7/22/2001, 8/15/05, 5/11/09, 10/4/10

3701:1-40-12 Self-luminous products containing tritium, krypton-85, or promethium-147.

(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 published in the January 1, 2009, Code of Federal Regulations, which license authorizes the initial transfer of the product for use.

(B) Any person who desires to manufacture, process, or produce self-luminous products containing tritium, krypton-85, or promethium-147, or to transfer such products for use pursuant to paragraph (A) of this rule, shall apply for a license pursuant to 10 C.F.R. 32.22 , as published in the January 1, 2009, Code of Federal Regulations, which license states that the product may be transferred by the licensee to persons exempt from the regulations pursuant to paragraph (A) of this rule or equivalent regulations of an agreement state, or the United States nuclear regulatory commission.

(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.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-13 [Effective until 1/1/2012] Gas and aerosol detectors containing radioactive material.

(A) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution gas and aerosol detectors containing byproduct 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 life or property from fires and airborne hazards, and manufactured, processed, produced, or initially transferred in accordance with a specific license for manufacture and distribution issued pursuant to rule 3701:1-46-27 of the Administrative Code, which license authorizes the initial transfer of the product for use under 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, as published in the January 1, 2007, Code of Federal Regulations, 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 license for manufacture and distribution pursuant to rule 3701:1-46-27 of the Administrative Code, which license states that the product may be initially transferred by the licensee to persons exempt from the regulations pursuant to paragraph (A) of this rule or equivalent regulations of an agreement state or the United States nuclear regulatory commission.

3701:1-40-13 [Effective 1/1/2012] Gas and aerosol detectors containing radioactive material

(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 life or property from fires and airborne hazards, 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 published in the January 1, 2010, Code of Federal Regulations. 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, as published in the January 1, 2007, Code of Federal Regulations, authorizing distribution to persons exempt from regulatory requirements.

3701:1-40-14 Application for specific licenses.

(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.

(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.

(E) An application for a specific license other than broad scope as defined in rule 3701:1-40-23 of the Administrative Code to use radioactive material in the form of a sealed source or in a device that contains the sealed source must either:

(1) 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 stateor the United States nuclear regulatory commission; or

(2) 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 department is able to perform the review or

(3) For sources or devices containing naturally occurring or accelerator-produced radioactive material manufactured prior to November 30, 2007, that are not registered with the director in accordance with rule 3701:1-46-49 of the Administrative Code or equivalent requirements from an agreement state or the United States nuclear regulatory commission, and for which the applicant is unable to provide all categories of information specified in rule 3701:1-46-49 of the Administrative Code, the applicant must provide:

(a) All available information identified in rule 3701:1-46-49 of the Administrative Code concerning the source, and, if applicable, the device; and

(b) Sufficient additional information to demonstrate that there is reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property. Such information must include a description of the source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of a recent leak test.

(F) In the case of an application for a license specified in rule 3701:1-40-16 of the Administrative Code, or an application for a specific license specified in Chapter 3701:1-46, 3701:1-48, or 3701:1-58 of the Administrative Code, the applicant shall provide a proposed decommissioning funding plan or a certification of financial assurance for decommissioning.

(G) Requirement for an emergency response plan:

(1) Each application to possess radioactive materials in unsealed form, on foils or plated sources, or sealed in glass in excess of the quantities specified in the appendix to this rule shall contain either:

(a) An evaluation showing that the maximum dose to a person offsite due to a release of radioactive materials would not exceed 0.01 sievert (one rem) TEDE or 0.05 sievert (five rem) to the thyroid; or

(b) An emergency plan for responding to a release of radioactive material.

(2) One or more of the following factors may be used to support an evaluation of the need to submit an emergency plan under this paragraph:

(a) The radioactive material is physically separated so that only a portion of the material could be involved in an accident;

(b) All or part of the radioactive material is not subject to release during an accident because of the way it is stored or packaged;

(c) The release fraction in the respirable size range would be lower than the release fraction specified in the appendix to this rule due to the chemical or physical form of the material;

(d) The solubility of the radioactive material would reduce the dose received;

(e) Facility design or engineered safety features in the facility would cause the release fraction to be lower than the limit specified in the appendix to this rule;

(f) Operating restrictions or procedures would prevent a release fraction as large as that shown in the appendix to this rule; or

(g) Other factors appropriate for the specific facility as determined by the director.

(3) An emergency plan for responding to a release of radioactive material submitted under paragraph (G)(1)(b) of this rule shall include the following information:

(a) A brief description of the licensee’s facility and the area near the site.

(b) An identification of each type of possible radioactive material accident which may require protective action.

(d) Identification of the means of detecting each type of accident in a timely manner.

(e) A brief description of the means and equipment for mitigating the consequences of each type of accident, including those provided to protect workers onsite, and a description of the program for maintaining the equipment.

(f) A brief description of the methods and equipment to assess releases of byproduct and accelerator produced materials.

(g) A brief description of the responsibilities of the licensee’s personnel should an accident occur, including identification of personnel responsible for promptly notifying offsite response organizations and the department, and identification of personnel responsible for developing, maintaining, and updating the plan.

(h) A commitment to, and a brief description of, the means to promptly notify offsite response organizations and request offsite assistance, including medical assistance for the treatment of contaminated injured onsite workers when appropriate. A control point shall be established. The notification and coordination shall be planned so that in the event that some personnel, parts of the facility, or some equipment is not available, that unavailability will not prevent such notification and coordination. The licensee shall also commit to notifying the department immediately after notification of the appropriate offsite response organizations and not later than one hour after the licensee declares an emergency. These reporting requirements do not supersede or release licensees from complying with the requirements of the “Emergency Planning and Community Right-to-Know Act of 1986,” Title III, Pub. L. 99-499 or other state or federal reporting requirements.

(i) A brief description of the types of information on facility status, radioactive releases, and recommended protective actions, if necessary, to be given to offsite response organizations and to the department.

(j) A brief description of the frequency, performance objectives and plans for the training that the licensee will provide workers on how to respond to an emergency including any special instructions and orientation tours the licensee would offer to fire, police, medical and other emergency personnel. The training shall familiarize personnel with site-specific emergency procedures. The training also shall thoroughly prepare site personnel for their responsibilities in the event of an accident, including training on the emergency scenarios postulated as most probable for the specific site, and the use of team training for such scenarios.

(k) A brief description of the means of restoring the facility to a safe condition after an accident.

(l) Provisions for conducting quarterly communication checks with offsite response organizations and biennial onsite exercises to test response to simulated emergencies. Quarterly communication checks with offsite response organizations must include the check and update of all necessary telephone numbers. The licensee shall invite offsite response organizations to participate in the biennial exercises. Participation of offsite response organizations in biennial exercises, although recommended, is not required. Exercises must use accident scenarios postulated as most probable for the specific site and the scenarios shall not be known to most exercise participants. The licensee shall critique each exercise using individuals not having direct implementation responsibility for the plan. Critiques of exercises must evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel, and overall effectiveness of the response. Deficiencies found by the critiques must be corrected.

(m) A certification that the applicant has met all responsibilities under the “Emergency Planning and Community Right-to-Know Act of 1986,” Title III, Pub. L. 99-499, if applicable to the applicant’s activities at the proposed place of use of the byproduct or accelerator produced material.

(n) The licensee must have and maintain liability coverage for incidents which would activate the plan to cover bodily injury and property damage to third parties caused by incidents which would activate the plan in the amount of at least one million dollars per occurrence with an annual aggregate of at least two million dollars, exclusive of legal defense costs.

(4) The licensee shall allow the offsite response organizations expected to respond in case of an accident sixty days to comment on the licensee’s emergency plan before submitting it to the department. The licensee shall provide any comments received within the sixty days to the department with the emergency plan.

(H) Information provided by a licensee or applicant for a license or license renewal that constitutes a “trade secret” as defined in section 1333.61 of the Revised Code is not subject to public disclosure in accordance with sections 1333.61 to 1333.69 of the Revised Code.

(I) An application from a medical facility, or educational institution to produce positron emission tomography (PET) radioactive drugs for noncommercial transfer to licensees in its consortium authorized for medical use in accordance with rules in Chapter 3701:1-58 of the Administrative Code shall include:

(1) A request for authorization for the production of PET radionuclides or evidence of an existing license issued in accordance with rule 3701:1-38-02 of the Administrative Code for a PET radionuclide production facility within its consortium from which it receives PET radionuclides.

(2) Evidence that the applicant is qualified to produce radioactive drugs for medical use by meeting one of the criteria in paragraph (A)(2) of rule 3701:1-46-43 of the Administrative Code.

(3) Identification of individual(s) authorized to prepare the PET radioactive drugs if the applicant is a pharmacy, and documentation that each individual meets the requirements of an authorized nuclear pharmacist as specified in paragraph (B)(2) of rule 3701:1-46-43 of the Administrative Code.

(4) Information identified in paragraph (A)(3) of rule 3701:1-46-43 of the Administrative Code, on the PET drugs to be non-commercially transferred to members of its consortium.

Click to view Appendix

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/2005

3701:1-40-15 General requirements for issuance of specific licenses.

(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” 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 environmental values.

(B) Upon a determination that an application meets the requirements of Chapter 3748. of the Revised Code and the rules adopted thereunder, the director will issue a specific license authorizing the possession and use of radioactive material.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-16 Terms and conditions of licenses.

(A) 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.

(B) Each licensee shall confine possession and use of radioactive material to the locations and purposes authorized in the license. Preparation for shipment and transport of radioactive material shall be in accordance with Chapter 3701:1-50 of the Administrative Code.

(C) The director may incorporate at the time of issuance, or thereafter by appropriate rule, regulation, or order, such additional requirements or conditions with respect to the licensee’s receipt, possession, use and transfer of radioactive material as the director deems appropriate or necessary in order to protect the environment, protect health, or minimize danger to life or property. The director may require such reports and the keeping of such records, and provide for such inspections of activities under the license as may be necessary to effectuate the purposes of Chapter 3748. of the Revised Code or rules adopted thereunder.

(D) A licensee that is required to submit an emergency plan pursuant to rule 3701:1-40-14 of the Administrative Code shall follow the emergency plan approved by the director. The licensee may amend the approved plan without approval of the director provided that the amendment does not decrease the effectiveness of the plan. Within six months after amending the emergency plan, the licensee shall furnish the amended plan to both the director and to affected offsite response organizations. Any proposed amendment to the emergency plan that decreases, or potentially decreases, the effectiveness of the approved emergency plan may not be implemented without prior approval by the director.

(E) Each licensee preparing technetium-99m radiopharmaceuticals from molybdenum-99/technetium-99m generators or rubidium-82 from strontium-82/rubidium-82 generators shall test the generator eluates for molybdenum-99 breakthrough or strontium-82 and strontium-85 contamination, respectively, in accordance with rule 3701:1-58-35 of the Administrative Code. The licensee shall record the results of each test and retain each record for three years after the record is made.

(F) Each licensee must notify the department by certified mail within ten business days of the commencement of a voluntary or involuntary bankruptcy petition that has been filed by or against:

(1) The licensee;

(2) An entity, defined in this rule as person, estate, trust, governmental unit, and United States trustee, controlling the licensee or listing the license or licensee as property of the estate; or

(3) An affiliate of the licensee defined in this rule as an entity that directly or indirectly owns, controls, or holds with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities:

(a) In a fiduciary or agency capacity without sole discretionary power to vote such securities; or

(b) Solely to secure a debt, if such entity has not in fact exercised such power to vote.

The notification shall specify the bankruptcy court in which the petition for bankruptcy was filed and the date of the filing petition.

(G) The director may, upon application including adequate documentation by a person or by his own initiative, grant such exemptions from the requirements of this chapter or other chapters of the Administrative Code involving radioactive materials promulgated under Chapter 3748. of the Revised Code that are authorized by law and will not result in undue hazard to life or property and are otherwise in the public interest.

(H) Each portable gauge licensee shall use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, whenever portable gauges are not under the control and constant surveillance of the licensee.

(I)

(1) Authorization under paragraph (I) of rule 3701:1-40-14 of the Administrative Code to produce positron emission tomography (PET) radioactive drugs for noncommercial transfer to medical use licensees in its consortium does not relieve the licensee from complying with applicable United States federal drug administration, other federal, and state requirements governing radioactive drugs.

(2) Each licensee authorized under paragraph (I) of rule 3701:1-40-14 of the Administrative Code to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium shall:

(a) Satisfy the labeling requirements in paragraph (A)(4) of rule 3701:1-46-43 of the Administrative Code for each PET radioactive drug transport radiation shield and each syringe, vial, or other container used to hold a PET radioactive drug intended for noncommercial distribution to members of its consortium.

(b) Possess and use instrumentation to measure the radioactivity of the PET radioactive drugs intended for noncommercial distribution to members of its consortium and meet the procedural, radioactivity measurement, instrument test, instrument check, and instrument adjustment requirements in paragraph (C) of rule 3701:1-46-43 of the Administrative Code.

(3) A licensee that is a pharmacy authorized under paragraph (I) of rule 3701:1-40-14 of the Administrative Code to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium shall require that any individual that prepares PET radioactive drugs shall be:

(a) An authorized nuclear pharmacist that meets the requirements in paragraph (B)(2) of rule 3701:1-46-43 of the Administrative Code, or (b) An individual under the supervision of an authorized nuclear pharmacist as specified in rule 3701:1-58-14 of the Administrative Code.

(4) A pharmacy, authorized under paragraph (I) of rule 3701:1-40-14 of the Administrative Code to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium that allows an individual to work as an authorized nuclear pharmacist, shall meet the requirements of paragraph (B)(5) of rule 3701:1-46-43 of the Administrative Code.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05, 3/22/07

3701:1-40-17 Financial assurance and record keeping for decommissioning.

(A) Prior to the department 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.

(B) Prior to the department issuing a radioactive materials license, each applicant for a specific license or license renewal authorizing possession and use of radioactive material of half-life greater than one hundred twenty days and in quantities specified in paragraph (C) of this rule shall either:

(1) Submit a decommissioning funding plan as described in paragraph (D) of this rule; or

(2) Submit a certification that financial assurance for decommissioning has been provided in the amount prescribed by paragraph (C) of this rule using one of the methods described in paragraph (E) of this rule. The applicant shall submit to the department, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of paragraph (E) of this rule.

(C) Prior to the department issuing a radioactive materials license, an applicant providing certification of financial assurance for decommissioning as specified in paragraph (B)(2) of this rule shall provide the certification in a monetary amount based upon the quantity of licensed material specified as follows:

(1) Greater than one thousand but less than or equal to ten thousand times the applicable quantities of appendix A to this rule in unsealed form. For a combination of radionuclides, if R, as defined in paragraph (A) of this rule, divided by one thousand is greater than one but R divided by ten thousand is less than or equal to one, the sum of three hundred thousand dollars.

(2) Greater than ten billion but less than one trillion times the applicable quantities of appendix A to this rule in sealed sources or plated foils. For a combination of radionuclides, if R, as defined in paragraph (A) of this rule, divided by ten billion is greater than one but R divided by one trillion is less than or equal to one, the sum of one hundred fifty thousand dollars.

(D) Each decommissioning funding plan must contain a cost estimate for decommissioning and a description of the method of assuring funds for decommissioning in accordance with paragraph (E) of this rule, including the means for adjusting cost estimates and associated funding levels at each renewal over the life of the facility. The decommissioning funding plan must also contain a certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning and a signed original of the financial instrument obtained to satisfy the requirements of paragraph (E) of this rule.

(E) Financial assurance for decommissioning, either by a decommissioning funding plan or certification of financial assurance, shall be provided by the licensee and approved by the department prior to the issuance of the license and shall be provided by one or more of the following methods:

(1) Prepayment by depositing into an account segregated from licensee assets and outside the licensee’s administrative control, cash or liquid assets such that the amount of funds will be sufficient to pay decommissioning costs. Prepayment may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities.

(2) Surety, insurance, or other method in accordance with paragraph (F) of this rule, that guarantees that decommissioning costs will be paid. A surety method may be in the form of a surety bond, letter of credit, or line of credit. A guarantee by the applicant or licensee may not be used in combination with any other financial methods used to satisfy the requirements of this paragraph or in any situation where the applicant or licensee has a parent company holding majority control of the voting stock of the company.

(3) A parent company guarantee of funds for decommissioning costs based on a financial test may be used provided that the parent company meets the requirements specified in appendix B of this rule. A parent company guarantee may not be used in combination with other financial methods to satisfy the requirements of this rule.

(4) For commercial corporations that issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs based on a financial test may be used provided that the guarantee meets the requirements of appendix C to this rule.

(5) For commercial companies that do not issue bonds, a guarantee of funds for decommissioning costs may be used provided that the guarantee meets the requirements of appendix D to this rule.

(6) For nonprofit colleges, universities, hospitals, or research and development entities, a guarantee of funds for decommissioning costs may be used provided that the guarantee meets the requirements of appendix E to this rule. The director may require proof of nonprofit status.

(7) An external sinking fund in which deposits are made at least annually, coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund. An external sinking fund is a fund established and maintained by setting aside funds periodically in an account segregated from licensee assets and outside the licensee’s administrative control in which the total amount of funds would be sufficient to pay decommissioning costs at the time termination of operation is expected. An external sinking fund may be in the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities. The surety or insurance provisions must be as stated in paragraph (E)(2) of this rule.

(8) In the case of state or local government licensee, a statement of intent containing a cost estimate for decommissioning or an amount specified in paragraphs (C)(1) to (C)(3) of this rule, and indicating that funds for decommissioning will be obtained when necessary. As used in this rule, “state or local government licensee” does not include government owned or assisted colleges, universities or hospitals.

(F) Any surety method or insurance used to provide financial assurance for decommissioning shall be in the form of instruments that contain language as provided in appendix F to this rule, and shall contain the following conditions:

(1) The surety method or insurance must be open-ended or, if written for a specified term, such as five years, must be renewed automatically unless ninety days or more prior to the renewal date, the issuer notifies the director, the beneficiary, and the licensee of its intention not to renew. The surety method or insurance must also provide that the full face amount be paid to the beneficiary automatically prior to the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to the director within thirty days after receipt of notification of cancellation.

(2) The surety method or insurance must be payable to a trust established for decommissioning costs. The trustee and trust must be acceptable to the director. An acceptable trustee includes an appropriate state or federal government agency or an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.

(3) The surety method or insurance must remain in effect until the director has terminated the license.

(4) The surety company issuing the bond must, at a minimum, be among those listed as acceptable in the most recent version of “Circular 570” of the United States department of the treasury.

(G) A licensee must notify the department by certified mail within ten business days of the commencement of a voluntary or involuntary bankruptcy proceeding under Title 11 of the United States Code. A licensee who fulfills the financial assurance requirements by obtaining a trust fund, surety bond, or other acceptable financial assurance will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution issuing the instrument. The licensee shall establish other financial assurance within sixty days after such an event.

(H) Financial assurance for decommissioning, either by a decommissioning funding plan or certification of financial assurance, that is provided by a contract of insurance shall not include any arrangement that constitutes self-insurance. As used in this rule:

(1) “Insurance” means a contract issued or underwritten by an insurance company, insurance service, or insurance organization which is licensed to engage in the business of insurance in Ohio, that binds the insurer to indemnify another against a specified loss in return for premiums paid.

(2) “Self insurance” means a contract of insurance issued either by the licensee or by an insurer affiliated with or an affiliate of the licensee.

(3) “Affiliate of” or “affiliated with” means that the licensee, either directly or indirectly, through one or more intermediaries or subsidiaries, controls, is controlled by, or is under common control with the insurer.

(4) “Control”, including “controlled by”, and “under common control with” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, proxy, membership on the board, or otherwise.

(I) Each person licensed under this chapter, and rule 3701:1-38-02 of the Administrative Code as well as chapters containing rules regarding manufacturing and distribution(Chapter 3701:1-46 of the Administrative Code), industrial radiography (Chapter 3701:1-48 of the Administrative Code), well logging Chapter 3701:1-49 of the Administrative Code), irradiators (Chapter 3701:1-52 of the Administrative Code), and medical use Chapter 3701:1-58 of the Administrative Code) promulgated pursuant to Chapter 3748. of the Revised Code shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with paragraph (B) of rule 3701:1-40-20 of the Administrative Code, a licensee shall transfer all records described in this paragraph to the new licensee, which will be responsible for maintaining these records until the license is terminated. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. As used in this rule,”information important to the decommissioning of a facility” includes the following:

(1) 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 must include any known information on identification of involved radionuclides, quantities, forms, and concentrations.

(2) 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 required drawings are referenced, each relevant document need not be indexed individually. If drawings are not available, the licensee shall substitute appropriate records of available information concerning these areas and locations.

(3) Except in the case of an area that contains only a sealed source, provided the source has not leaked or no contamination remains after any leak, or in the case of a byproduct or accelerator produced material having only a half-life of less than sixty-five days, a list contained in a single document and updated every two years, of the following:

(a) All areas designated and formerly designated restricted areas as defined in rule 3701:1-38-01 of the Administrative Code.

(b) All areas outside of restricted areas that require documentation under paragraph (I)(1) of this rule.

(c) All areas outside of restricted areas where current and previous wastes have been buried as documented under rule 3701:1-38-20 of the Administrative Code; and

(d) All areas outside of restricted areas that contain material such that, if the license expired, the licensee would be required to either decontaminate the area to meet the criteria for decommissioning in rule 3701:1-38-22 of the Administrative Code, or apply for approval for disposal under rule 3701:1-38-19 of the Administrative Code.

(4) Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and records of the funding method used for assuring funds if either a funding plan or certification is used.

APPENDIX A

Radionuclide Kilobecquerel Microcuries

Americium-241 0.370.01

Antimony-122 3700 100

Antimony-124 370 10

Antimony-125 370 10

Arsenic-73 3700 100

Arsenic-74 370 10

Arsenic-76 370 10

Arsenic-77 3700 100

Barium-131 370 10

Barium-133 370 10

Barium-140 370 10

Bismuth-210 37 1

Bromine-82 370 10

Cadmium-109 370 10

Cadmium-115m 370 10

Cadmium-115 3700 100

Calcium-45 370 10

Calcium-47 370 10

Carbon-14 3700 100

Cerium-141 3700 100

Cerium-143 3700 100

Cerium-144 37 1

Cesium-131 37,000 1,000

Cesium-134m 3700 100

Cesium-134 37 1

Cesium-135 370 10

Cesium-136 370 10

Cesium-137 370 10

Chlorine-36 370 10

Chlorine-38 370 10

Chromium-51 37,000 1,000

Cobalt-57 370 10

Cobalt-58m 370 10

Cobalt-58 370 10

Cobalt-60 37 1

Copper-64 3700 100

Dysprosium-165 370 10

Dysprosium-166 3700 100

Erbium-169 3700 100

Erbium-171 3700 100

Europium-152 9.2 h 3700 100

Europium-152 13 yr 37 1

Europium-154 37 1

Europium-155 370 10

Fluorine-18 37,000 1,000

Gadolinium-153 370 10

Gadolinium-159 3700 100

Gallium-72 370 10

Germanium-71 3700 100

Gold-198 3700 100

Gold-199 3700 100

Hafnium-181 370 10

Holmium-166 3700 100

Hydrogen-3 37,000 1,000

Indium-113m 3700 100

Indium-114m 370 10

Indium-115m 3700 100

Indium-115 370 10

Iodine-125 37 1

Iodine-126 37 1

Iodine-129 3.70.1

Iodine-131 37 1

Iodine-132 370 10

Iodine-133 37 1

Iodine-134 370 10

Iodine-135 370 10

Iridium-192 370 10

Iridium-194 3700 100

Iron-55 3700 100

Iron-59 370 10

Krypton-85 3700 100

Krypton-87 370 10

Lanthanum-140 370 10

Lutetium-177 3700 100

Manganese-52 370 10

Manganese-54 370 10

Manganese-56 370 10

Mercury-197m 3700 100

Mercury-197 3700 100

Mercury-203 370 10

Molybdenum-99 3700 100

Neodymium-147 3700 100

Neodymium-149 3700 100

Nickel-59 3700 100

Nickel-63 370 10

Nickel-65 3700 100

Niobium-93m 370 10

Niobium-95 370 10

Niobium-97 370 10

Osmium-185 370 10

Osmium-191m 3700 100

Osmium-191 3700 100

Osmium-193 3700 100

Palladium-103 3700 100

Palladium-109 3700 100

Phosphorus-32 370 10

Platinum-191 3700 100

Platinum-193m 3700 100

Platinum-193 3700 100

Platinum-197m 3700 100

Platinum-197 3700 100

Plutonium-239 0.370.01

Polonium-210 3.70.1

Potassium-42 370 10

Praseodymium-142 3700 100

Praseodymium-143 3700 100

Promethium-147 370 10

Promethium-149 370 10

Radium-226 0.370.01

Rhenium-186 3700 100

Rhenium-188 3700 100

Rhodium-103m 3700 100

Rhodium-105 3700 100

Rubidium-86 370 10

Rubidium-87 370 10

Ruthenium-97 3700 100

Ruthenium-103 370 10

Ruthenium-105 370 10

Ruthenium-106 37 1

Samarium-151 370 10

Samarium-153 3700 100

Scandium-46 370 10

Scandium-47 3700 100

Scandium-48 370 10

Selenium-75 370 10

Silicon-31 3700 100

Silver-105 370 10

Silver-110m 37 1

Silver-111 3700 100

Sodium-24 370 10

Strontium-85 370 10

Strontium-89 37 1

Strontium-90 4.440.12

Strontium-91 370 10

Strontium-92 370 10

Sulphur-35 3700 100

Tantalum-182 370 10

Technetium-96 370 10

Technetium-97m 3700 100

Technetium-97 3700 100

Technetium-99m 3700 100

Technetium-99 370 10

Tellurium-125m 370 10

Tellurium127m 370 10

Tellurium-127 3700 100

Tellurium129m 370 10

Tellurium-129 3700 100

Tellurium-131m 370 10

Tellurium-132 370 10

Terbium-160 370 10

Thallium-200 3700 100

Thallium-201 3700 100

Thallium-202 3700 100

Thallium-204 370 10

Thorium (natural)\1\ 3700 100

Thulium-170 370 10

Thulium-171 370 10

Tin-113 370 10

Tin-125 370 10

Tungsten-181 370 10

Tungsten-185 370 10

Tungsten-187 3700 100

Uranium (natural)\2\ 3700 100

Uranium-233 0.370.01

Uranium-234 — Uranium-235 0.370.01

Vanadium-48 370 10

Xenon-131m 37,000 1,000

Xenon-133 3700 100

Xenon-135 3700 100

Ytterbium-175 3700 100

Yttrium-90 370 10

Yttrium-91 370 10

Yttrium-92 3700 100

Yttrium-93 3700 100

Zinc-65 370 10

Zinc-69m 3700 100

Zinc-69 37,000 1,000

Zirconium-93 370 10

Zirconium-95 370 10

Zirconium-97 370 10

Any alpha emitting radionuclide not listed above or mixtures of alpha emitters of unknown composition 0.370.01

Any radionuclide other than alpha emitting radionuclides, not listed above or mixtures of beta emitters of unknown composition 3.70.1

\1\ Based on alpha disintegration rate of Th-232, Th-230 and their progeny.

\2\ Based on alpha disintegration rate of U-238, U-234, and U-235.

APPENDIX B

Criteria relating to use of financial tests and parent company guarantees for providing reasonable assurance of funds for decommissioning.

I. Introduction

An applicant or licensee may provide reasonable assurance of the availability of funds for decommissioning based on obtaining a parent company guarantee that funds will be available for decommissioning costs and on a demonstration that the parent company passes a financial test. This appendix establishes criteria for passing the financial test and for obtaining the parent company guarantee.

II. Financial test

(A) To pass the financial test, the parent company must meet the criteria of either paragraph (A)(1) or (A)(2) of this section:

(1) The parent company must have:

(a) Two of the following three ratios: a ratio of total liabilities to net worth less than 2.0 ; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1 ; and a ratio of current assets to current liabilities greater than 1.5 ; and

(b) Net working capital and tangible net worth each at least six times the current decommissioning cost estimates (or prescribed amount if a certification is used); and

(d) Assets located in the United States amounting to at least ninety percent of total assets or at least six times the current decommissioning cost estimates (or prescribed amount if a certification is used).

(2) The parent company must have:

(a) A current rating for its most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor’s or Aaa, Aa, A, or Baa as issued by Moody’s; and

(b) Tangible net worth at least six times the current decommissioning cost estimate (or prescribed amount if a certification is used); and

(B) The parent company’s independent certified public accountant must have compared the data used by the parent company in the financial test, which is derived from the independently audited, year end financial statements for the latest fiscal year, with the amounts in such financial statement. In connection with that procedure the licensee shall inform the director within ninety days of any matters coming to the auditor’s attention which cause the auditor to believe that the data specified in the financial test should be adjusted and that the company no longer passes the test.

(C) (1) After the initial financial test, the parent company must repeat the passage of the test within ninety days after the close of each succeeding fiscal year.

(2) If the parent company no longer meets the requirements of paragraph (A) of this section, the licensee must send notice to the director of intent to establish alternate financial assurance as specified in the regulations. The notice must be sent by certified mail within ninety days after the end of the fiscal year for which the year end financial data show that the parent company no longer meets the financial test requirements. The licensee must provide alternate financial assurance within one hundred twenty days after the end of such fiscal year.

III. Parent company guarantee

The terms of a parent company guarantee which an applicant or licensee obtains must provide that:

(A) The parent company guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the licensee and the director. Cancellation may not occur, however, during the one hundred twenty days beginning on the date of receipt of the notice of cancellation by both the licensee and the director as evidenced by the return receipts.

(B) If the licensee fails to provide alternate financial assurance as specified in the regulations within ninety days after receipt by the licensee and director of a notice of cancellation of the parent company guarantee from the guarantor, the guarantor will provide such alternative financial assurance in the name of the licensee.

(C) The parent company guarantee and financial test provisions must remain in effect until the director has terminated the license.

(D) If a trust is established for decommissioning costs, the trustee and trust must be acceptable to the director. An acceptable trustee includes an appropriate state or federal government agency or an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.

APPENDIX C

Criteria relating to use of financial tests and self guarantees for providing reasonable assurance of funds for decommissioning by companies that issue bonds.

I. Introduction

An applicant or licensee may provide reasonable assurance of the availability of funds for decommissioning based on furnishing its own guarantee that funds will be available for decommissioning costs and on a demonstration that the company passes the financial test of Section II of this appendix. The terms of the self-guarantee are in Section III of this appendix. This appendix establishes criteria for passing the financial test for the self guarantee and establishes the terms for a self-guarantee.

II. Financial test

(A) To pass the financial test, a company must meet all of the following criteria:

(1) Tangible net worth at least ten times the total current decommissioning cost estimate for the total of all facilities or parts thereof (or the current amount required if certification is used).

(2) Assets located in the United States amounting to at least ninety percent of total assets or at least ten times the total current decommissioning cost estimate for the total of all facilities or parts thereof (or the current amount required if certification is used).

(3) A current rating for its most recent bond issuance of AAA, AA, or a as issued by Standard and Poors (S&P), or Aaa, Aa, or A as issued by Moodys.

(B) To pass the financial test, a company must meet all of the following additional requirements:

(1) The company must have at least one class of equity securities registered under the federal Securities Exchange Act of 1934.

(2) The company’s independent certified public accountant must have compared the data used by the company in the financial test which is derived from the independently audited, yearend financial statements for the latest fiscal year, with the amounts in such financial statement. In connection with that procedure, the licensee shall inform the director within ninety days of any matters coming to the attention of the auditor that cause the auditor to believe that the data specified in the financial test should be adjusted and that the company no longer passes the test.

(3) After the initial financial test, the company must repeat passage of the test within ninety days after the close of each succeeding fiscal year.

(C) If the licensee no longer meets the requirements of section II paragraph (A) of this appendix, the licensee must send immediate notice to the director of its intent to establish alternate financial assurance as specified in the rules within one hundred twenty days of such notice.

III. Company self-guarantee

The terms of a self-guarantee which an applicant or licensee furnishes must provide that:

(A) The guarantee will remain in force unless the licensee sends notice of cancellation by certified mail to the director. Cancellation may not occur, however, during the one hundred twenty days beginning on the date of receipt of the notice of cancellation by the director, as evidenced by the return receipt.

(B) The licensee shall provide alternative financial assurance as specified in the rules within ninety days following receipt by the director of a notice of cancellation of the guarantee.

(C) The guarantee and financial test provisions must remain in effect until the director has terminated the license or until another financial assurance method acceptable to the director has been put in effect by the licensee.

(D) The licensee will promptly forward to the director and the licensee’s independent auditor all reports covering the latest fiscal year filed by the licensee with the securities and exchange commission pursuant to the requirements of section 13 of the federal Securities and Exchange Act of 1934.

(E) If, at any time, the licensee’s most recent bond issuance ceases to be rated in any category of “A” or above by either Standard and Poors or Moodys, the licensee will provide notice in writing of such fact to the director within twenty days after publication of the change by the rating service. If the licensee’s most recent bond issuance ceases to be rated in any category of A or above by both Standard and Poors and Moodys, the licensee no longer meets the requirements of section II paragraph (A) of this appendix.

(F) The applicant or licensee must provide to the director a written guarantee (a written commitment by a corporate officer) which states that the licensee will fund and carry out the required decommissioning activities or, upon issuance of an order by the director, the licensee will set up and fund a trust in the amount of the current cost estimates for decommissioning.

APPENDIX D

Criteria relating to use of financial tests and self-guarantee for providing reasonable assurance of funds for decommissioning by commercial companies that have no outstanding rated bonds

I. Introduction

An applicant or licensee may provide reasonable assurance of the availability of funds for decommissioning based on furnishing its own guarantee that funds will be available for decommissioning costs and on a demonstration that the company passes the financial test of section II of this appendix. The terms of the self-guarantee are in section III of this appendix. This appendix establishes criteria for passing the financial test for the self-guarantee and establishes the terms for a self-guarantee.

II. Financial test

(A) To pass the financial test a company must meet the following criteria:

(1) Tangible net worth greater than ten million dollars, or at least ten times the total current decommissioning cost estimate (or the current amount required if certification is used), whichever is greater, for all decommissioning activities for which the company is responsible as self-guaranteeing licensee and as parent-guarantor.

(2) Assets located in the United States amounting to at least ninety percent of total assets or at least ten times the total current decommissioning cost estimate (or the current amount required if certification is used) for all decommissioning activities for which the company is responsible as self-guaranteeing licensee and as parent-guarantor.

(3) A ratio of cash flow divided by total liabilities greater than 0.15 and a ratio of total liabilities divided by net worth less than 1.5.

(B) In addition, to pass the financial test, a company must meet all of the following requirements:

(1) The company’s independent certified public accountant must have compared the data used by the company in the financial test, which is required to be derived from the independently audited year end financial statement based on United States generally accepted accounting practices for the latest fiscal year, with the amounts in such financial statement. In connection with that procedure, the licensee shall inform the director within ninety days of any matters that may cause the auditor to believe that the data specified in the financial test should be adjusted and that the company no longer passes the test.

(2) After the initial financial test, the company must repeat passage of the test within ninety days after the close of each succeeding fiscal year.

(3) If the licensee no longer meets the requirements of section II, paragraph (A) of this appendix, the licensee must send notice to the director of intent to establish alternative financial assurance as specified in rule 3701:1-40-17 of the Administrative Code. The notice must be sent by certified mail, return receipt requested, within ninety days after the end of the fiscal year for which the year end financial data show that the licensee no longer meets the financial test requirements. The licensee must provide alternative financial assurance within one hundred twenty days after the end of such fiscal year.

III. Company self-guarantee

The terms of a self-guarantee which an applicant or licensee furnishes must provide that:

(A) The guarantee shall remain in force unless the licensee sends notice of cancellation by certified mail, return receipt requested, to the director. Cancellation may not occur until an alternative financial assurance mechanism is in place.

(B) The licensee shall provide alternative financial assurance as specified in the regulations within ninety days following receipt by the director of a notice of cancellation of the guarantee.

(D) The applicant or licensee must provide to the director a written guarantee (a written commitment by a corporate officer) which states that the licensee will fund and carry out the required decommissioning activities or, upon issuance of an order by the director, the licensee will set up and fund a trust in the amount of the current cost estimates for decommissioning.

APPENDIX E

Criteria relating to use of financial tests and self-guarantee for providing reasonable assurance of funds for decommissioning by nonprofit colleges, universities, hospitals or nonprofit research and development entities.

I. Introduction

An applicant or licensee may provide reasonable assurance of the availability of funds for decommissioning based on furnishing its own guarantee that funds will be available for decommissioning costs and on a demonstration that the applicant or licensee passes the financial test of section II of this appendix. The terms of the self-guarantee are in section III of this appendix. This appendix establishes criteria for passing the financial test for the self-guarantee and establishes the terms for a self-guarantee.

II. Financial test

(A) For colleges and universities, to pass the financial test a college or university must meet either the criteria in section II, paragraph (A)(1) or the criteria in section II, paragraph (A)(2) of this appendix.

(1) For applicants or licensees that issue bonds, a current rating for its most recent bond issuance of AAA, AA, or A as issued by Standard and Poors (S&P) or Aaa, Aa, or A as issued by Moodys.

(2) For applicants or licensees that do not issue bonds, endowment consisting of assets located in the United States of at least fifty million dollars, or at least thirty times the total current decommissioning cost estimate (or the current amount required if certification is used), whichever is greater, for all decommissioning activities for which the college or university is responsible as a self-guaranteeing licensee.

(B) For hospitals or nonprofit research and development entities, to pass the financial test a hospital or nonprofit research and development entity must meet either the criteria in section II, paragraph (B)(1) or the criteria in section II, paragraph (B)(2) of this appendix:

(1) For applicants or licensees that issue bonds, a current rating for its most recent bond issuance of AAA, AA, or A as issued by Standard and Poors (S&P) or Aaa, Aa, or A as issued by Moodys.

(2) For applicants or licensees that do not issue bonds, all the following tests must be met:

(a) (Total revenues less total expenditures) divided by total revenues must be equal to or greater than 0.04.

(b) Long term debt divided by net fixed assets must be less than or equal to 0.67.

(d) Operating revenues must be at least one hundred times the total current decommissioning cost estimate (or the current amount required if certification is used) for all decommissioning activities for which the hospital or nonprofit research and development entity is responsible as a self-guaranteeing license.

(1) The licensee’s independent certified public accountant must have compared the data used by the licensee in the financial test, which is required to be derived from the independently audited year end financial statements, based on United States generally accepted accounting practices, for the latest fiscal year, with the amounts in such financial statement. In connection with that procedure, the licensee shall inform the director within ninety days of any matters coming to the attention of the auditor that cause the auditor to believe that the data specified in the financial test should be adjusted and that the licensee no longer passes the test.

(2) After the initial financial test, the licensee must repeat passage of the test within ninety days after the close of each succeeding fiscal year.

(3) If the licensee no longer meets the requirements of section I of this appendix, the licensee must send notice to the director of its intent to establish alternative financial assurance. The notice must be sent by certified mail, return receipt requested, within ninety days after the end of the fiscal year for which the year end financial data show that the licensee no longer meets the financial test requirements. The licensee must provide alternate financial assurance within one hundred twenty days after the end of such fiscal year.

III. Self-guarantee

The terms of a self-guarantee which an applicant or licensee furnishes must provide that:

(A) The guarantee shall remain in force unless the licensee sends notice of cancellation by certified mail, and/or return receipt requested, to the director. Cancellation may not occur unless an alternative financial assurance mechanism is in place.

(B) The licensee shall provide alternative financial assurance as specified in the rules within ninety days following receipt by the director of a notice of cancellation of the guarantee.

(D) The applicant or licensee must provide to the director a written guarantee (a written commitment by a corporate officer or officer of the institution) which states that the licensee will fund and carry out the required decommissioning activities or, upon issuance of an order by the director, the licensee will set up and fund a trust in the amount of the current cost estimates for decommissioning.

(E) If, at any time, the licensee’s most recent bond issuance ceases to be rated in any category of Aa” or above by either Standard and Poors or Moodys, the licensee shall provide notice in writing of such fact to the director within twenty days after publication of the change by the rating service.

APPENDIX F

Wording for an escrow agreement

Escrow number ___________________

Paragraph 1. Establishment of escrow account

It is agreed between the parties that [insert name of licensee], licensee, has elected to establish an escrow account with [insert name, address, and position of escrow agent] to provide financial assurance for decommissioning of the facility(ies) in the amounts shown below:

[For each facility for which financial assurance is provided by the escrow agreement, list facility name, address, and license number, corresponding estimated or certified decommissioning costs, and indicate amount of financial assurance provided by the escrow account.]

Paragraph 2. Description of property in escrow account

It is hereby acknowledged by the parties that [list the assets that have been delivered to the escrow agent and indicate the value of each item] has (have) been delivered to escrow and will remain in the escrow account created by this agreement until one of the two conditions stated in paragraph 3 of this agreement has been satisfied.

[Insert name of licensee] warrants to and agrees with [insert name of escrow agent] that, unless otherwise expressly set forth in this agreement: there is no security interest in the property in the escrow account or any part thereof; no financing statement under the uniform commercial code is on file in any jurisdiction claiming a security interest in or describing (whether specifically or generally) the escrow account or any part thereof; and the escrow agent shall have no responsibility at any time to ascertain whether or not any security interest exists or to file any financing statement under the uniform commercial code with respect to the escrow account or any part thereof.

Paragraph 3. Conditions of escrow agreement

The property described in paragraph 2, above, will remain in the escrow account created by this agreement until one of the two following conditions has been satisfied:

(1) The decommissioning activities required by Chapter 3748. Of the Revised Code and rules promulgated thereunder have been completed, the license has been terminated, the facility site is available for unrestricted use for any public or private purpose, and the escrow account has been terminated by joint notice, in writing, from [insert name of licensee] and the state of Ohio or

(2) The escrow agent, [insert name of the escrow agent]. has been notified by the state of Ohio, in writing, that the licensee [insert name of licensee], has defaulted on the agreed obligation to carry out the decommissioning for the above listed facility(ies).

Paragraph 4. Disbursement of property in escrow account

The [insert name of escrow agent] shall make payments from the escrow account upon the presentation of a certificate duly executed by the secretary of the [insert name of licensee] attesting to the occurrence of the events, and in the form set forth in the attached specimen certificate, and upon presentation of a certification attesting to the following conditions:

(1) That decommissioning is proceeding pursuant to a state of Ohio approved plan,

(2) That the funds withdrawn will be expended for activities undertaken pursuant to that plan, and

(3) That the state of Ohio has been given thirty days prior notice of [insert name of licensee]’s intent to withdraw funds from the escrow account.

No withdrawal from the account can exceed ten percent of the outstanding balance of the escrow account or __________ dollars, whichever is greater, unless state of Ohio approval is attached.

Or upon [insert name of escrow agent] receiving written notification of licensee’s default from the state of Ohio, [insert name of escrow agent] shall make payments from the escrow account as the state of Ohio shall direct, in writing, to provide for the payment of the costs of the required decommissioning activities covered by this agreement. The escrow agent shall reimburse the licensee or other persons as specified by the state of Ohio from the escrow account for expenses for required activities in such amounts as the state of Ohio shall direct in writing. In addition, the escrow agent shall refund to [insert name of licensee] such amounts as the state of Ohio specifies, in writing. Upon refund, such funds shall no longer constitute part of the escrow account as described in paragraph 2., above.

Paragraph 5. Irrevocability

It is also agreed between the parties that this escrow became irrevocable upon delivery to [insert name of escrow agent], the escrow agent, and will remain irrevocable and in full force and effect until the occurrence of one of the conditions described in paragraph 3., above.

Paragraph 6. Powers of the escrow agent

The only powers and duties of the escrow agent shall be to hold the escrow property and to invest and dispose of it in accordance with the terms of this agreement.

Escrow account management

The escrow agent shall invest and reinvest the principal and income of the escrow account and keep the escrow account invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the [insert name of licensee] may communicate in writing to the escrow agent from time to time, subject, however, to the provisions of the escrow account; the escrow agent shall discharge its duties with respect to the escrow account solely in the interest of the state of Ohio and with the care, skill, prudence, and diligence, under the circumstances then prevailing, that persons of prudence, acting in like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims; except that:

(A) Securities or other obligations of the licensee, or any other owner or operator of the licensed facility(ies), or any of their affiliates as defined in the federal Investment Company Act of 1940, as amended ( 15 U.S.C. 80A-2(A) ), shall not be acquired or held, unless they are securities or other obligations of the federal government;

(B) The escrow agent is authorized to invest the escrow account in time or demand deposits to the extent insured by an agency of the federal government; and

(C) The escrow agent is authorized to hold cash, awaiting investment or distribution uninvested, for a reasonable time and without liability for the payment of interest thereon.

Express power of the escrow agent

Without in any way limiting the powers and discretion conferred upon the escrow agent by other provisions of this agreement or by law, the escrow agent is expressly authorized and empowered:

(A) To register any securities held in the escrow account in its own name and to hold any security in bearer form or in book entry, or to deposit or arrange for the deposit of any securities issued by the U.S. government, or any agency or instrumentality thereof, with a federal reserve bank, but the books and records of the escrow agent shall at all times show that all such securities are part of the escrow account;

(B) To deposit any cash in the escrow account in interest-bearing accounts or savings certificates to the extent insured by an agency of the federal government;

(C) To pay taxes, from the account, of any kind that may be assessed or levied against the escrow account and all brokerage commissions incurred by the escrow account.

Paragraph 7. Annual valuation

After delivery has been made into this escrow account, the escrow agent shall annually, at least thirty days before the anniversary date of receipt of the property into the escrow account, furnish to the licensee and to the state of Ohio a statement confirming the value of the escrow account. Any securities in the account shall be valued at market value as of no more than sixty days before the anniversary date of the establishment of the escrow account. The failure of the licensee to object in writing to the escrow agent within ninety days after the statement has been furnished to the licensee shall constitute a conclusively binding assent by the licensee, barring the licensee from asserting any claim or liability against the escrow agent with respect to the matters disclosed in the statement.

Paragraph 8. Successor escrow agent

Upon ninety days prior notice to the state of Ohio and the licensee, [insert name of licensee], the escrow agent may resign; upon ninety days notice to the state of Ohio and the escrow agent, the licensee, [insert name of licensee], may replace the escrow agent upon thirty days prior notice to the state of Ohio; provided that such resignation or replacement is not effective until the escrow agent has appointed a successor escrow agent and this successor accepts the appointment. The successor escrow agent shall have the same powers and duties as those conferred upon the escrow agent under this agreement. Upon the successor’s acceptance of the appointment, the escrow agent shall assign, transfer, and pay over to the successor the funds and properties then constituting the escrow account. If for any reason the licensee cannot or does not act in the event of the resignation of the escrow agent, the escrow agent may apply to a court of competent jurisdiction for the appointment of a successor, or for instructions. The successor escrow agent shall specify the date on which it assumes administration of the escrow account in a writing sent to the licensee, state of Ohio, and the current escrow agent by certified mail ten days before the change becomes effective. Any expenses incurred by the escrow agent as a result of any of the acts contemplated by this paragraph shall be paid as provided in paragraph ten of this agreement.

Paragraph 9. Instructions to the escrow agent

All orders, requests, and instructions from the licensee to the escrow agent shall be in writing, signed by such persons as are signatories to this agreement, or such other designees as the licensee or state of Ohio may designate in writing. All orders, requests, and instructions from the state of Ohio shall be in writing, signed by the designees of the state of Ohio. The escrow agent shall be fully protected in acting in accordance with such orders, requests, and instructions. The escrow agent shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the licensee or state of Ohio under this agreement has occurred. The escrow agent shall have no duty to act in the absence of such orders, requests, and instructions from the licensee and/or state of Ohio, except as provided in this agreement.

Paragraph 10. Compensation and expenses of the escrow agent

The fee of the escrow agent for its services in establishing the escrow account shall be $____ _____, payable at the time of the execution of this agreement, to be borne by [insert the name of the licensee], licensee.

Expenses of the escrow agent for the administration of the escrow account, the compensation of the escrow agent for services subsequent to the establishing of-the escrow account to the extent not paid directly by the licensee, and all other proper charges and disbursements shall be paid from the escrow account.

Paragraph 11. Amendment to this agreement

This agreement may be amended by an instrument in writing executed by the licensee and the escrow agent provided that the licensee has given thirty days prior notice to state of Ohio.

Paragraph 12. Termination

This agreement can be terminated by written notice of termination to the escrow agent signed by [insert the name of licensee], licensee, and the state of Ohio or by the state of Ohio alone, if the licensee has ceased to exist.

Paragraph 13. Interpretation

This escrow agreement constitutes the entire agreement between [insert the name of licensee] and [insert the name of the escrow agent]. The escrow agent shall not be bound by any other agreement or contract entered into by [insert name of licensee] and the only document that may be referenced in case of ambiguity in this escrow agreement is the licensing agreement between [insert name of licensee] and the state of Ohio.

Paragraph 14. Acceptance of appointment by escrow agent

the licensee, to serve as escrow agent for the escrow account created under this agreement and agrees to carry out its obligations and duties as stated in this escrow agreement.

Paragraph 15. Severability

If any part of this agreement is invalid, it shall not affect the remaining provisions that will remain valid and enforceable.

Paragraph 16.

This agreement shall not become effective and the escrow agent shall have no responsibility hereunder except to return the escrow property to the [insert name of licensee] until the escrow agent shall have received the following and shall have advised [insert name of licensee] in writing that the same are in form and substance satisfactory to the escrow agent:

Certified resolution of its board of directors authorizing the making and performance of this agreement;

Certificate as to the names and specimen signatures of its officers or representative authorized to sign this agreement and notices, instructions and other communications hereunder.

[signatures and positions of the designees of the licensee and the escrow agent.]

insert name of escrow agent

BY_______________________________ BY___________________________

NAME_____________________________ NAME_________________________

TITLE____________________________ TITLE________________________

DATE.

WITNESS BY NOTARY PUBLIC.

ESCROW CERTIFICATE OF RESOLUTION

I ____________________________, do hereby certify that I am secretary of [insert name of licensee], a [insert name of incorporation] corporation, and that the resolution listed below was duly adopted at a meeting of this corporation’s board of directors on ________, 20 __.

In witness whereof, I have hereunto signed my name and affixed the seal of this corporation this _______ day of __________, 20 __.

Secretary of [insert name of licensee]

Resolved, that this board of directors hereby authorizes the president, or such other employee of the company as he may designate [insert,as appropriate, “to enter into an escrow agreement” or “to commence decommissioning activities at (name of facility)], with the [insert name of escrow agent] in accordance with the terms and conditions described to this board of directors at this meeting and with such other terms and conditions as the president shall approved with and upon the advice of counsel.

ESCROW CERTIFICATE OF EVENTS

[insert name and address of escrow agent]

Attention: Escrow division

Gentlemen:

In accordance with the terms of the agreement with you dated _______ I, _________ ______________ secretary of [insert name of licensee], hereby certify that the following events have occurred:

1. [insert name of licensee] is required to commence the decommissioning of its facilities located at [insert location of facility] (hereinafter called the decommissioning).

2. The plans and procedures for the commencement and conduct of the decommissioning have been approved by the state of Ohio, on ______________ (copy of approval attached).

3. The board of directors of [insert name of licensee] has adopted the attached resolution authorizing the commencing of the decommissioning.

Secretary of [insert name of licensee]

Date

CERTIFICATES OF DEPOSIT

Draft negotiable certificate of deposit payable at the expiration of a specified time

______________Bank of

Place _______________________

No. ________________

(Date)

[Insert name of licensee or applicant] has deposited not subject to check ________________________ dollars ($_______) payable to the order of the holder in current funds (not less than thirty days) days after date, upon surrender of this certificate properly endorsed, with interest at the rate of ______ percent per annum from date to maturity only. The rate of interest payable hereunder is subject to change by the bank to such extent as may be necessary to comply with requirements of the federal reserve board made from time to time pursuant to the federal reserve act.

These funds are deposited for the purpose of providing financial assurance for the cost of decommissioning activities as required under Chapter 3748. Of the Revised Code and rules promulgated thereunder. Accordingly, this certificate will be renewed automatically unless written notice of (1) the default of the [insert name of license or applicant] on these obligations; (2) the termination of the facility license; or (3) the substitution of another financial assurance mechanism is received from [the name of licensee or applicant].

Cashier

Certificates of deposit Draft negotiable certificate of deposit payable on a certain date

Certificate of deposit

Certificate of deposit ___________________________,20,

_____________________ months after date, with interest thereon at the rate of _____________ percent per annum from date, upon presentation of this certificate properly endorsed. These funds are deposited for the purpose of providing financial assurance for the cost of decommissioning activities as required under Chapter 3748. Of the Revised Code and rules promulgated thereunder. Accordingly, this certificate will be renewed automatically unless written notice of (1) the default of the [insert name of license or applicant] on these obligations; (2) the termination of the facility license; or (3) the substitution of another financial assurance mechanism is received from [the name of the licensee or applicant].

The deposit documented in this certificate is insured by the federal deposit insurance corporation.

CASHIER

Wording for trust fund

Trust agreement

Trust agreement, the agreement entered into as of [date] by and between [name of licensee], a name of state, herein referred to as the “grantor,” and [name and address of a national bank or other trustee acceptable to the state of Ohio], the “trustee.”

Whereas, the state of Ohio, has promulgated regulations pursuant to Chapter 3748. Of the Revised Code. These regulations, applicable to the grantor, require that a holder of, or an applicant for, a radioactive material license provide assurance that funds will be available when needed for required decommissioning activities.

Whereas, the grantor has elected to use a trust fund to provide [insert “all” or part”] of such financial assurance for the facilities identified herein;

Whereas, the grantor, acting through its duly authorized officers, has selected the trustee to be the trustee under this agreement, and the trustee is willing to act as trustee,

Now, therefore, the grantor and the trustee agree as follows:

Section 1. Definitions. As used in this agreement:

(A) The term “grantor” means the state of Ohio licensee who enters into this agreement and any successors or assigns of the grantor.

(B) The term “trustee” means the trustee who enters into this agreement and any successor trustee.

Section 2. Costs of decommissioning. This agreement pertains to the costs of decommissioning the materials and activities identified in license number [insert license number] issued pursuant to rule 3701-38- 02.1 of the Administrative Code as shown in Schedule A(This schedule is contained in the Trust Agreement Schedule following the Standby Trust Agreement).

Section 3. Establishment of fund. The grantor and the trustee hereby establish a trust fund (the fund) for the benefit of state of Ohio. The grantor and the trustee intend that no third party shall have access to the fund except as provided herein.

Section 4. Payments constituting the fund. Payments made to the trustee for the fund shall consist of cash, securities, or other liquid assets acceptable to the trustee. The fund is established initially as consisting of the property, which is acceptable to the trustee, described in schedule B (This schedule is contained in the Trust Agreement Schedule following the Standby Trust Agreement) attached hereto. Such property and any other property subsequently transferred to the trustee are referred to as the “fund,” together with all earnings and profits thereon, less any payments or distributions made by the trustee pursuant to this agreement. The fund shall be held by the trustee, in trust, as hereinafter provided. The trustee shall not be responsible nor shall it undertake any responsibility for the amount of, or adequacy of the fund, nor any duty to collect from the grantor, any payments necessary to discharge any liabilities of the grantor established by the state of Ohio.

Section 5. Payment for required activities specified in the plan. The trustee shall make payments from the fund to the grantor upon presentation to the trustee of the following:

(A) A certificate duly executed by the secretary of the depositor attesting to the occurrence of the events, and in the form set forth in the attached specimen certificate (see sample certificate following standby trust), and

(B) A certificate attesting to the following conditions;

(1) That decommissioning is proceeding pursuant to a state of Ohio approved plan.

(2) That the funds withdrawn will be expended for activities undertaken pursuant to that plan, and

(3) That the state of Ohio has been given thirty days’ prior notice of [insert name of licensee]’s intent to withdraw funds from the escrow fund.

No withdrawal from the fund can exceed ten percent of the outstanding balance of the fund or _________________ dollars, whichever is greater, unless state of Ohio approval is attached.

In the event of the grantor’s default or inability to direct decommissioning activities, the trustee shall make payments from the fund as the state of Ohio shall direct, in writing, to provide for the payment of the costs of required activities covered by this agreement. The trustee shall reimburse the grantor or other persons as specified by the state of Ohio from the fund for expenditures for required activities in such amounts as the state of Ohio shall direct in writing. In addition, the trustee shall refund to the grantor such amounts as the state of Ohio specifies in writing. Upon refund, such funds shall no longer constitute part of the fund as defined herein.

Section 6. Trust management. The trustee shall invest and reinvest the principal and income of the fund and keep the fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the grantor may communicate in writing to the trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the fund, the trustee shall discharge its duties with respect to the fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:

(A) Securities or other obligations of the grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the federal Investment Company Act of 1940, as amended ( 15 U.S.C. 80A-2(A) ), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;

(B) The trustee is authorized to invest the fund in time or demand deposits of the trustee, to the extent insured by an agency of the federal government; and

(C) For a reasonable time, not to exceed sixty days, the trustee is authorized to hold uninvested cash, awaiting investment or distribution, without liability for the payment of interest thereon.

Section 7. Commingling and investment. The trustee is expressly authorized in its discretion:

(A) To transfer from time to time any or all of the assets of the fund to any common, commingled, or collective trust fund created by the trustee in which the fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and

(B) To purchase shares in any investment company registered under the investment company act of 1940 ( 15 U.S.C. 80A- I ET SEQ.), including one that may be created, managed, underwritten, or to which investment advice is rendered, or the shares of which are sold by the trustee. the trustee may vote such shares in its discretion.

Section 8. Express powers of trustee. Without in any way limiting the powers and discretion conferred upon the trustee by the other provisions of this agreement or by law, the trustee is expressly authorized and empowered:

(A) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale, as necessary for prudent management of the fund;

(B) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;

(C) To register any securities held in the fund in its own name, or in the name of a nominee, and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the trustee in other fiduciary capacities, to reinvest interest payments and funds from matured and redeemed instruments, to file proper forms concerning securities held in the fund in a timely fashion with appropriate government agencies, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee or such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the U.S. government, or any agency or instrumentality thereof, with a federal reserve bank, but the books and records of the trustee shall at all times show that all such securities are part of the fund;

(D) To deposit any cash in the fund in interest-bearing accounts maintained or savings certificates issued by the trustee, in its separate corporate capacity, or in any other banking institution affiliated with the trustee, to the extent insured by an agency of the federal government; and

(E) To compromise or otherwise adjust all claims in favor of or against the fund.

Section 9. Taxes and expenses. All taxes of any kind that may be assessed or levied against or in respect of the fund and all brokerage commissions incurred by the fund shall be paid from the fund. All other expenses incurred by the trustee in connection with the administration of this trust, including fees for legal services rendered to the trustee, the compensation of the trustee to the extent not paid directly by the grantor, and all other proper charges and disbursements of the trustee shall be paid from the fund.

Section 10. Annual valuation. After payment has been made into this trust fund, the trustee-shall annually, at least thirty days before the anniversary date of receipt of payment into the trust fund, furnish to the grantor and to the state of Ohio a statement confirming the value of the trust. Any securities in the fund shall be valued at market value as of no more than sixty days before the anniversary date of the establishment of the fund. The failure of the grantor to object in writing to the trustee within ninety days after the statement has been furnished to the grantor and the state of Ohio shall constitute a conclusively binding assent by the grantor, barring the grantor from asserting any claim or liability against the trustee with respect to the matters disclosed in the statement.

Section 11. Advice of counsel. The trustee may from time to time consult with counsel with respect to any question arising as to the construction of this agreement or any action to be taken hereunder. The trustee shall be fully protected, to the extent permitted by law, in acting on the advice of counsel.

Section 12. Trustee compensation. The trustee shall be entitled to reasonable compensation for its services as agreed upon in writing with the grantor. (see Schedule C of the Trust Agreement Schedule following the Standby Trust Agreement.)

Section 13. Successor trustee. Upon ninety days notice to the state of Ohio, the trustee-may resign; upon ninety days notice to state of Ohio and the trustee, the grantor may replace the trustee; but such resignation or replacement shall not be effective until the grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the trustee hereunder. Upon the successor trustee’s acceptance of the appointment, the trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the fund. If for any reason the grantor cannot or does not act in the event of the resignation of the trustee, the trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the grantor, the state of Ohio, and the present trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the trustee as a result of any of the acts contemplated by this section shall be paid as provided in Section 9.

Section 14. Instructions to the trustee. All orders, requests, and instructions by the grantor to the trustee shall be in writing, signed by such persons as are signatories to this agreement or such other designees as the grantor may designate in writing. The trustee shall be fully protected in acting without inquiry in accordance with the grantor’s orders, requests, and instructions. If the state of Ohio issues orders, requests, or instructions to the trustee these shall be in writing, signed by the state of Ohio or their designees, and the trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the grantor, the state of Ohio hereunder has occurred. The trustee shall have no duty to act in the absence of such orders, requests, and instructions from the grantor and/or the state of Ohio except as provided for herein.

Section 15. Amendment of agreement. This agreement may be amended by an instrument in writing executed by the grantor and the trustee. All amendments shall meet the relevant regulatory requirements of the state of Ohio.

Section 16. Irrevocability and termination. Subject to the right of the parties to amend this agreement as provided in Section 15, this trust shall be irrevocable and shall continue until terminated at the written agreement of the grantor, the trustee, and the NRC or state agency, or by the trustee and the state of Ohio, if the grantor ceases to exist. Upon termination of the trust, all remaining trust property, less final trust administration expenses, shall be delivered to the grantor or its successor.

Section 17. Immunity and indemnification. The trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this trust, or in carrying out any directions by the grantor, the state of Ohio issued in accordance with this agreement. The trustee shall be indemnified and saved harmless by the grantor or from the trust fund, or both, from and against any personal liability to which the trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the grantor fails to provide such defense.

Section 18. This agreement shall be administered, construed, and enforced according to the laws of the state of Ohio.

Section 19. Interpretation and severability. As used in this agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this agreement shall not affect the interpretation or the legal efficacy of this agreement. If any part of this agreement is invalid, it shall not affect the remaining-provisions which will remain valid and enforceable.

In witness whereof the parties have caused this agreement to be executed by the respective officers duly authorized and the incorporate seals to be hereunto affixed and attested as of the date first written above.

Attest: (insert name of licensee (grantor)] [signature of representative of grantor]

[Title]

[Seal]

[Insert name of trustee]

[Signature of representative of trustee]

[Title]

Attest:

[Title]

[Seal]

Wording for standby trust agreement

Standby trust agreement

Whereas, the state of Ohio, has promulgated regulations pursuant Chapter 3748. of the Revised Code. These regulations, applicable to the grantor, require that a holder of, or an applicant for, a radioactive material license provide assurance that funds will be available when needed for required decommissioning activities.

Whereas, the grantor has elected to use a [insert “letter of credit,” “line of credit,” “surety bond,” “insurance policy,” “parent guarantee,” “certificate of deposit,” or “deposit of government securities”] to provide [insert “all” or “part”] of such financial assurance for the facilities identified herein; and

Whereas, when payment is made under a [insert “letter of credit,” “line of credit,” “surety bond,” “insurance policy, certificate(s) of deposit,” “deposit of government securities,” or “parent guarantee”], this standby trust shall be used for the receipt of such payment; and

Whereas, the grantor, acting through its duly authorized officers, has selected the trustee to be the trustee under this agreement, and the trustee is willing to act as trustee,

Now, therefore, the grantor and the trustee agree as follows:

Section 1. Definitions. As used in this agreement:

(A) The term “grantor” means the state of Ohio licensee who enters into this agreement and any successors or assigns of the grantor.

(B) The term “trustee” means the trustee who enters into this agreement and any successor trustee.

Section 3. Establishment of fund. The grantor and the trustee hereby establish a standby trust fund (the fund) for the benefit of the state of Ohio. The grantor and the trustee intend that no third party have access to the fund except as provided herein.

Section 4. Payments constituting the fund. Payments made to the trustee for the fund shall consist of cash, securities, or other liquid assets acceptable to the trustee. The fund is established initially as consisting of the property, which is acceptable to the trustee, described in schedule b attached hereto. Such property and any other property subsequently transferred to the trustee are referred to as the “fund,” together with all earnings and profits thereon, less any payments or distributions made by the trustee pursuant to this agreement. The fund shall be held by the trustee, in trust, as hereinafter provided. The trustee shall not be responsible nor shall it undertake any responsibility for the amount of, or adequacy of the fund, nor any duty to collect from the grantor, any payments necessary to discharge any liabilities of the grantor established by the state of Ohio.

Section 5. Payment for required activities specified in the plan. The trustee shall make payments from the fund to the grantor upon presentation to the trustee of the following:

(A) A certificate duly executed by the secretary of the depositor attesting to the occurrence of the events, and in the form set forth in the attached specimen certificate, and

(B) A certificate attesting to the following conditions;

(1) That decommissioning is proceeding pursuant to an state of Ohio approved plan.

(2) That the funds withdrawn will be expended for activities undertaken pursuant to that plan, and

(3) That the state of Ohio has been given 30 days’ prior notice of [insert name of licensee]’s intent to withdraw funds from the escrow fund.

No withdrawal from the fund can exceed ten percent of the outstanding balance of the fund or ___ dollars, whichever is greater, unless state of Ohio approval is attached.

(B) The trustee is authorized to invest the fund in time or demand deposits of the trustee, to the extent insured by an agency of the federal government, and in obligations of the federal government such as GNMA, FNMA, and FHLM bonds and certificates or state and municipal bonds rated BBB or higher by Standard and Poors or BAA or higher by Moody’s investment services; and

(C) For a reasonable time, not to exceed sixty days, the trustee is authorized to hold uninvested cash, awaiting investment or distribution, without liability for the payment of interest thereon.

Section 7. Commingling and investment. The trustee is expressly authorized in its discretion:

(B) To purchase shares in any investment company registered under the federal Investment Company Act of 1940 ( 15 U.S.C. 80A- I ET SEQ.), including one that may be created, managed, underwritten, or to which investment advice is rendered, or the shares of which are sold by the trustee. The trustee may vote such shares in its discretion.

(A) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale, as necessary to allow duly authorized withdrawals at the joint request of the grantor and the state of Ohio or to reinvest in securities at the direction of the grantor;

(E) To compromise or otherwise adjust all claims in favor of or against the fund.

Section 9. Taxes and expenses. All taxes of any kind that may be assessed or levied again or in respect of the fund and all brokerage commissions incurred by the fund shall be paid from the fund. All other expenses incurred by the trustee in connection with the administration of this trust, including fees for legal services rendered to the trustee, the compensation of the trustee to the extent not paid directly by the grantor, and all other proper charges and disbursements of the trustee shall be paid from the fund.

Section 10. Annual valuation. After payment has been made into this standby trust fund, the trustee shall annually, at least thirty days before the anniversary date of receipt of payment into the standby trust fund, furnish to the grantor and to the state of Ohio a statement confirming the value of the trust. Any securities in the fund shall be valued at market value as of no more than sixty days before the anniversary date of the establishment of the fund. The failure of the grantor to object in writing to the trustee within ninety days after the statement has been furnished to the grantor and the state of Ohio shall constitute a conclusively binding assent by the grantor, barring the grantor from asserting any claim or liability against the trustee with respect to the matters disclosed in the statement.

Section 13. Successor trustee. Upon ninety days notice to the state of Ohio, the trustee may resign; upon ninety days notice to state of Ohio and the trustee, the grantor may replace the trustee; but such resignation or replacement shall not be effective until the grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the trustee hereunder. Upon the successor trustee’s acceptance of the appointment, the trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the fund. If for any reason the grantor cannot or does not act in the event of the resignation of the trustee, the trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the grantor, the state of Ohio, and the present trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the trustee as a result of any of the acts contemplated by this section shall be paid as provided in Section 9.

Section 14. Instructions to the trustee. All orders, requests, and instructions by the grantor to the trustee shall be in writing, signed by such persons as are signatories to this agreement or such other designees as the grantor may designate in writing. The trustee shall be fully protected in acting without inquiry in accordance with the grantor’s orders, requests, and instructions. If the state of Ohio issues orders, requests, or instructions to the trustee these shall be in writing, signed by the state of Ohio or their designees, and the trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the grantor, the state of Ohio hereunder has occurred. The trustee shall have no duty to act in the absence of such orders, requests, and instruction from the grantor and/or the state of Ohio except as provided for herein.

Section 15. Amendment of agreement. This agreement may be amended by an instrument in-writing executed by the grantor, the trustee and the state of Ohio or by the trustee and the state of Ohio if the grantor ceases to exist.

Section 16. Irrevocability and termination. Subject to the right of the parties to amend this agreement as provided in Section 15, this trust shall be irrevocable and shall continue until terminated at the written agreement of the grantor, the trustee, and the state of Ohio, or by the trustee and the state of Ohio, if the grantor ceases to exist. Upon termination of the trust, all remaining trust property, less final trust administration expense, shall be delivered to the grantor or its successor.

Section 18. This agreement shall be administered, construed, and enforced according to the laws of the state of Ohio.

Section 19. Interpretation and severability. As used in this agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this agreement shall not affect the interpretation or the legal efficacy of this agreement. If any part of this agreement is invalid, it shall not affect the remaining provisions which will remain valid and enforceable.

Attest:insert name of licensee (grantor)

[Title]

[Seal]

[Insert name of trustee)

[Signature of representative of trustee]

[Title]

Attest:

[Title]

[Seal]

Trust certificate of events

[Insert name and address of trustee]

Attention: Trust division

Gentlemen:

In accordance with the terms of the agreement with you dated ____________________ _, I, secretary of [insert name of licensee], hereby certify that the following events have occurred:

1. [Insert name of licensee] is required to commence the decommissioning of its facility located at [insert location of facility] (hereinafter called the decommissioning).

2. The plans and procedures for the commencement and conduct of the decommissioning have been approved by the state of Ohio on _________________ __ (copy of approval attached).

3. The board of directors of [insert name of licensee] has adopted the attached resolution authorizing the commencement of the decommissioning.

Secretary of [insert name of licensee]

Date

Trust certificate of resolution

I, _______________________ do hereby certify that I am secretary of [insert nameof licensee], a [insert state of incorporation] corporation, and that the resolution listed below was duly adopted at a meeting of this corporation’s board of directors on, _____________, 20__.

In witness whereof, I have hereunto signed my name and affixed the seal of this corporation this ____________ day of 20__.

Secretary

Resolved, that this board of directors hereby authorizes the president, or such other employee of the company as he may designate, to commence decommissioning activities at [insert name of facility] in accordance with the terms and conditions described to this board of directors at this meeting and with such other terms and conditions as the president shall approve with and upon the advice of counsel.

Trust agreement schedule Sample Schedule A

This agreement demonstrates financial assurance for the following cost estimates for the following licensed activities:

Ohio Department of Name and Address of Cost estimates for regulatory

Health license address of licensed activity assurances demonstrated by

number licensee this agreement

The cost estimates listed here were last adjusted and approved by the state of Ohio on [date].

Sample Schedule B

Amount____________________________________________

As evidenced by__________________________________________________

Sample Schedule C

__________________, Trustee’s fees shall be $ ___________ _________________________

Trust acknowledgement

[The following is an example of the acknowledgement that must accompany the trust agreement for a standby trust fund or trust fund.]

State of _____

To wit: _____

City of _____

On this _____ day of _____, before me, a notary public in and for the city and state aforesaid, personally appeared _____, and she/he did depose and say that she/he is the [title], of [_________], national banking association, trustee, which executed the above instrument, that she/he knows the seal of said association; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the association; and that she/he signed her/his name thereto by like order.

[Signature of notary public]

My commission expires: _____

[Date]

Wording for payment surety bond

Payment surety bond

Date bond executed: _____

Effective date: _____

Principal: [legal name and business address of licensee or applicant]

Type of organization: [insert “proprietorship,” “joint venture,” “partnership” or “corporation”]

State of incorporation: _____ (if applicable) Ohio radioactive material license number, name and address of facility, and amount(s) for decommissioning activity guaranteed by this bond: _____

Surety(ies) [name(s) and business address(es)]

Type of organization: [insert “proprietorship,” “joint venture,” “partnership” or “corporation”]

State of incorporation: _____ (if applicable)

Surety’s qualification in jurisdiction where licensed facility(ies) is (are) located.

Surety’s bond number: _____

Total penal sum of bond: $ _____

Know all persons by these presents, that we, the principal and surety(ies) hereto, are firmly bound to the state of ohio in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the sureties are corporations acting as co-sureties, we, the sureties, bind ourselves in such sum “jointly and severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each surety binds itself, jointly and severally with the principal, for the payment of such sum only as is set forth opposite the name of such surety; but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

Now, therefore, the conditions of the obligation are such that if the principal shall faithfully, before the beginning of decommissioning of each facility identified above, fund the standby trust fund in the amount(s) identified above for the facility;

Or, if the principal shall fund the standby trust fund in such amount(s) after an order to begin facility decommissioning is issued by the state of Ohio or a United States district court or other court of competent jurisdiction;

Or, if the principal shall provide alternative financial assurance and obtain the written approval of the state of Ohio of such assurance, within thirty days after the date a notice of cancellation from the surety(ies) is received by both the principal and the state of Ohio, then this obligation shall be null and void; otherwise it is to remain in full force and effect.

The surety(ies) shall become liable on this bond obligation only when the principal has failed to fulfill the conditions described above. Upon notification by the state of Ohio that the principal has failed to perform as guaranteed by this bond, the surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund.

The liability of the surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the surety(ies) hereunder exceed the amount of said penal sum.

The surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the principal and to the state of Ohio provided, however, that cancellation shall not occur during the ninety days beginning on the date of receipt of the notice of cancellation by both the principal and the state of Ohio, as evidenced by the return receipts.

The principal may terminate this bond by sending written notice to the state of Ohio and to surety(ies) ninety days prior to the proposed date of termination, provided, however, that no such notice shall become effective until the surety(ies) receive(s) written authorization for termination of the bond from the state of Ohio.

The principal and surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new amount, provided that the penal sum does not increase by more than twenty percent in any one year, and no decrease in the penal sum takes place without the written permission of the state of Ohio.

If any part of this agreement is invalid, it shall not affect the remaining provisions which will remain valid and enforceable.

In witness whereof, the principal and surety(ies) have executed this financial Guarantee bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the principal and surety(ies).

Principal

[Signature(s)]

(Name(s)]

[Title(s)]

[Corporate seal]

Corporate surety(ies)

[Name and address]

State of incorporation: __________________

Liability limit: $ __________________

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

[For every co-surety, provide signatures, corporate seal, and other information in the same manner as for surety(ies) above.]

Bond premium: $ ________________________

Wording for irrevocable standby letter of credit

Irrevocable standby letter of credit no. [insert no.]

This credit expires [insert date]

Issued to: Ohio Department of Health, Bureau of Radiation Protection35 East Chestnut Street, Seventh FloorColumbus, Ohio 43216-0118

Dear Sir or Madam:

We hereby establish our irrevocable standby letter of credit no. _________ in your favor, at the request and for the account of [applicant’s name and address] up to the aggregate amount of [in words], U.S. Dollars $ _______, Available upon presentation of:

(1) Your sight draft, bearing reference to this letter of credit no. __________, and

(2) Your signed statement reading as follows: “I certify that the amount of the draft is payable pursuant to regulations issued under authority of the state of Ohio.

This letter of credit is issued in accordance with regulations issued under the authority of the state of Ohio. Chapter 3748. of the Revised Code and rules promulgated thereunder require that a holder of, or an applicant for, a license issued under rule 3701-38- 02.1 of the Administrative Code provide assurance that funds will be available when needed for decommissioning.

This letter of credit is effective as of [date] and shall expire on [date at least 1 year later], but such expiration date shall be automatically extended for a period of [at least 1 year] on [date] and on each successive expiration date, unless, at least ninety days before the current expiration date, we notify both you and [licensee’s name], by certified mail, as shown on the signed return receipts. If [licensee’s name] is unable to secure alternative financial assurance to replace this letter of credit within thirty days of notification of cancellation the director may draw upon the full value of this letter of credit prior to cancellation. The financial institution shall give immediate notice to the applicant and the state of Ohio of any notice received or action filed alleging (1) the insolvency or bankruptcy of the financial institution or (2) any violations of regulatory requirements that could result in suspension or revocation of the financial institution’s charter or license to do business. The financial institution also shall give immediate notice if the financial institution, for any reason, becomes unable to fulfill its obligation under the letter of credit.

Whenever this letter of credit is drawn on under and in compliance with the terms of this letter of credit, we shall duly honor such draft upon its presentation to us within 30 days, and we shall deposit the amount of the draft directly into the standby trust fund of [licensee’s name] in accordance with your instructions.

Each draft must bear on its face the clause: “drawn under letter of credit no. ______. Dated _____ ____, and the total of this draft and all other drafts previously drawn under this letter of credit does not exceed [fill in amount].”

[Signature(s) and title(s) of officials of issuing institution]

[Date]

This credit is subject to [insert “the most recent edition of the uniform customs and practice for documentary credits. Published by the international chamber of commerce,” or “the uniform commercial code”].

Wording for documents recommended to support corporate guarantee

Wording for letter from chief executive officer of applicant or licensee, certifying that applicant or licensee is a going concern with positive tangible net worth

(Address to Ohio Department of Health)

I am the chief executive officer of [name and address of firm], a (insert “proprietorship,” “joint venture,” “partnership,” or “corporation”]. This letter is in support of this firm’s use of the financial test to demonstrate financial assurance, as specified in Chapter 3748. of the Revised Code and rules promulgated thereunder.

I hereby certify that [name of firm] is currently a going concern, and that it possesses positive tangible net worth in the amount of __________________

This firm [insert “is required” or “is not required”] to file a form 10k with the U.S. securities and exchange commission for the latest fiscal year. This fiscal year of this firm ends on [month, day].

I hereby certify that the content of this letter is true and correct to the best of my knowledge.

[Signature]

[Name]

[Title]

[Date]

Wording for letter from chief financial officer of corporate parent, including cost estimates and data from audited financial statements

(Address to Ohio Department of Health)

I am the chief financial officer of [name and address of firm], a [insert “proprietorship,” “joint venture,” “partnership,” or “corporation”]. This letter is in support of this firm’s use of the financial test to demonstrate financial assurance, as specified in Chapter 3748. of the Revised Code and rules promulgated thereunder.

[Complete the following paragraph regarding facility(ies) and associated cost estimates or certified amounts. For each facility, include its license number, name, address, and current cost estimates for the specified activities.]

This firm guarantees, through the parent company guarantee submitted to demonstrate compliance pursuant to Chapter 3748. of the Revised Code and rules promulgated thereunder, the decommissioning of the following facility(ies) owned or operated by subsidiary(ies) of this firm. The current cost estimates or certified amounts for decommissioning, so guaranteed, are shown for each facility:

Name of Location of Certified amount or current cost Facility Facility Estimates

This firm [insert “is required” or “is not required”] to file a form 10k with the U.S. securities and exchange commission for the latest fiscal year.

This fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm’s independently audited, year-end financial statements and footnotes for the latest completed fiscal year, ended [date].

[Insert completed alternative I or alternative II.]

I hereby certify that the content of this letter is true and correct to the best of my knowledge.

[Signature]

[Name]

[Title]

[Date]

Financial test: alternative I

1 Decommissioning cost estimates or certified amounts for facility [insert license number] (total of all cost estimates or certified amounts shown in paragraphs above) $______

*2 Total liabilities (if any portion of the cost estimates for decommissioning is included in total liabilities on your firm’s financial statement, deduct the amount of that portion from this line and add that amount to lines 3 and 4) $______

3 Tangible net worth** $______

*4 Net worth $______

*5 Current assets $______

*6 Current liabilities $______

*7 Net working capital (line 5 minus line 6) $______

*8 The sum of net income plus depreciation, depletion, and amortization $______

*9 Total assets in united states (required only if less than ninety percent of firm’s assets are located in the United States) $______

YES NO

10 Is Line 3 at least ten million dollars? — — — — — —

11 Is Line 3 at least 6 times line 1? — — — — — —

12 Is Line 7 at least 6 times line 1? — — — — — —

13 Are at least ninety percent of firm’s assets located in the United States? If not, complete line 14. — — — — — —

14 Is Line 9 at least 6 times line 1? (guarantor must meet two of the following three ratios) — — — — — —

15 Is Line 2 divided by line 4 less than 2.0 ? — — — — — —

16 Is Line 8 divided by line 2 greater than 0.1 ? — — — — — —

17 Is Line 5 divided by line 6 greater than 1.5 ? — — — — — —

Denotes figures derived from financial statements.

Tangible net worth is defined as net worth minus goodwill, patents, trade marks, and copyrights.

Financial test: alternative II

1 Decommissioning cost estimates or certified amounts for facility [insert license number] (total of all cost estimates or certified amounts shown in paragraphs above)

$______________________

2 Current bond rating of most recent issuance of this firm and name of rating service

$______________________

3 Date of issuance of bond $______________________

4 Date of maturity of bond $______________________

*5 Tangible net worth** (if any portion of estimates for decommissioning is included in total liabilities on your firm’s financial statements, add the amount of that portion to this line.)

$______________________

*6 Total assets in united states (required only if less than ninety percent of firm’s assets are located in the United States)

$______________________

YES NO

7 Is line 5 at least ten million dollars? _________ _________

8 Is line 5 at least 6 times line 1? _________ _________

*9 Are at least ninety percent of firm’s assets located in the United States? If not, complete line 10. _________ _________

10 Is line 6 at least six times line 1? _________ _________

Denotes figures derived from financial statements.

Tangible net worth is defined as net worth minus goodwill, patents, trademarks, and copyrights.

Wording for auditor’s special report by certified public accountant

Confirmation of chief financial officer’s letter

We have examined the financial statements of [company name] for the year ended [date], and have issued our report thereon dated [date]. Our examination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary.

The [company name] has prepared documents to demonstrate its financial responsibility under the state of Ohio’s financial assurance regulations, Chapter 3748. of the Revised Code and rules promulgated thereunder. This letter is furnished to assist the licensee [insert license number and name] in complying with these regulations and should not be used for other purposes.

The attached schedule reconciles the specified information furnished in the chief financial officer’s (CFO’s) letter in response to the regulations with the company’s financial statements. In connection therewith, we have

1. Confirmed that the amounts in the column “per financial statements” agree with amounts contained in the company’s financial statements for the year ended [date];

2. Confirmed that the amounts in the column “per CFO’s letter” agree with the letter prepared in response to the NRC’s request;

3. Confirmed that the amounts in the column “reconciling items” agree with analyses prepared by the company setting forth the indicated items; and

4. Recomputed the totals and percentages.

Because the procedures in 1-4 above do not constitute a full examination made in accordance with generally accepted auditing standards, we do not express an opinion on the manner in which the amounts were derived in the items referred to above. In connection with the procedures referred to above, no matters came to our attention that cause us to believe that the chief financial officer’s letter and supporting information should be adjusted.

Signature

Date

Sample schedule reconciling amounts contained in

chief financial officer’s letter with amounts in financial statements

XYZ Company Year ended December 31, 20XX

Line Per Reconciling Per cfo’s

Number Financial Items Letter

Statements

Cfo’s Letter

6 Total current liabilities X

Long term debt X

Deferred income taxes X

Accrued

Decommissioning costs

Included in current

Liabilities X

Total liabilities (less

Accrued

Decommissioning costs) X

4 Net worth XX

Less: cost in excess of

Value of tangible assets

Acquired

Accrued

Decommissioning costs

Included in current

Liabilities X

Tangible net worth (plus

Decommissioning costs) XX

(Balance of schedule is not illustrated.)

This illustrates the form of schedule that is contemplated. Details and reconciling items will differ in specific situations.

Wording for parent company guarantee

Parent company guarantee

Guarantee made this [date] by (name of guaranteeing entity], a [insert “proprietorship,” “joint venture,” “partnership,” or “corporation”] organized under the laws of the state of [insert name of state], herein referred to as “guarantor,” to the state of Ohio, obligee, on behalf of our subsidiary [licensee] of [business address].

Recitals

1. The guarantor has full authority and capacity to enter into this guarantee [if guarantor is a corporation, add the following phrase “under its bylaws, articles of incorporation, and the laws of the state of [insert guarantor’s state of incorporation], its state of incorporation.”] [if the guarantor has a board of directors, insert the following: “guarantor has approval from its board of directors to enter into this guarantee.”]

2. This guarantee is being issued to comply with regulations issued by the state of Ohio, pursuant to Chapter 3748. of the Revised Code and rules promulgated thereunder. These rules require that a holder of, or an applicant for, a materials license issued pursuant to rule 3701-38- 02.1 of the Administrative Code provide assurance that funds will be available when needed for required decommissioning activities.

3. The guarantee is issued to provide financial assurance for decommissioning activities for [identify licensed facility(ies)] as required by Chapter 3748. of the Revised Code and rules promulgated thereunder. The decommissioning costs for which are as follows: [insert amount of decommissioning cost guaranteed for each identified facility].

4. The guarantor meets or exceeds the following financial test criteria [insert statement indicating which financial test is being used] and agrees to comply with all notification requirements as specified in Chapter 3748. of the Revised Code and rules promulgated thereunder.

The guarantor shall meet one of the following two financial tests:

(A) (I) A current rating of its most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor’s, or Aaa, Aa, A or Baa as rated by Moody’s; and

(II) Tangible net worth is at least ten million dollars and at least six times the current decommissioning cost estimate (or prescribed amount if a certification is used); and

(III) Assets located in the United States amounting to at least ninety percent of its total assets or at least six times the current decommissioning cost (or prescribed amount if certification is used).

(B)(I) Net working capital and tangible net worth each at least six times the current decommissioning cost estimates (or amount if certification is used); and

(II) Assets located in the United States amounting to at least ninety percent of its total assets or at least six times the amount of the current decommissioning cost estimates (or prescribed amount if certification is used); and

(III) Meets two of the following three ratios: a ratio of total liabilities to net worth less than 2.0 ; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities that is greater than 0.1 ; and a ratio of current assets to current liabilities that is greater than 1.5 ; and

(IV) Tangible net worth of at least ten million dollars.

5. The guarantor has majority control of the voting stock for the following licensee(s) covered by this guarantee: (list for each licensee: name, address, the facility(ies) owned or operated by each licensee, and the corresponding license number(s)).

6. Decommissioning activities as used below refers to the activities required by Chapter 3748. of the Revised Code and rules promulgated thereunder for decommissioning of facility(ies) identified above.

7. For value received from [licensees], (if the guarantor is a corporation, add “and pursuant to the authority conferred upon the guarantor by (“the unanimous resolution of its directors” or “the majority vote of its shareholders”), [a certified copy of which is attached,”] the guarantor guarantees to the state of Ohio that if the licensee fails to perform the required decommissioning activities, as required by license no. [insert license number], the guarantor shall

(A) Carry out the required activities, or

(B) Set up a trust fund in favor of the above identified beneficiary in the amount of these current cost estimates for these activities.

8. The guarantor agrees to submit revised financial statements, financial test data, and a special auditor’s report and reconciling schedule annually within ninety days of the close of the parent guarantor’s fiscal year.

9. The guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, it fails to meet the financial test criteria, the licensee shall send within ninety days of the end of the fiscal year, by certified mail, notice to the state of Ohio that the licensee intends to provide alternative financial assurance as specified in Chapter 3748. of the Revised Code and rules promulgated thereunder. Within one hundred twenty days after the end of the fiscal year, the guarantor shall establish such financial assurance if the [licensee] has not done so.

10. The guarantor also agrees to notify the beneficiary promptly if the ownership of the licensee or the parent firm is transferred and to maintain this guarantee until the new parent firm or the licensee provides alternative financial assurance acceptable to the beneficiary.

11. The guarantor agrees that within thirty days after it determines that it no longer meets the financial test criteria or it is disallowed from continuing as a guarantor for the facility under license no. [insert license number], it shall establish an alternative financial assurance as specified in Chapter 3748. of the Revised Code and rules promulgated thereunder, in the name of (licensee] unless [licensee] has done so.

12. The guarantor as well as its successors and assigns agree to remain bound jointly and severally under this guarantee notwithstanding any or all of the following: amendment or modification of license or state of Ohio approved decommissioning funding plan for that facility, the extension or reduction of the time of performance of required activities, or any other modification or alteration of an obligation of the licensee pursuant to Chapter 3748. of the Revised Code and rules promulgated thereunder.

13. The guarantor agrees that all bound parties shall be jointly and severally liable for all litigation costs incurred by the beneficiary [insert name] in any successful effort to enforce the agreement against the guarantor.

14. The guarantor agrees to remain bound under this guarantee for as long as [licensee] must comply with the applicable financial assurance requirements Chapter 3748. of the Revised Code and rules promulgated thereunder, for the previously listed facility(ies), except that the guarantor may cancel this guarantee by sending notice by certified mail to the [insert “NRC” or the name of the state agency] and to [licensee], such cancellation to become effective no earlier than one hundred twenty days after receipt of such notice by both the state of Ohio and [licensee] as evidenced by the return receipts.

15. The guarantor agrees that if [licensee] fails to provide alternative financial assurance as specified in Chapter 3748. of the Revised Code and rules promulgated thereunder, as applicable, and obtain written approval of such assurance from the state of Ohio within ninety days after a notice of cancellation by the guarantor is received by both the state of Ohio and [licensee] from the guarantor, the guarantor shall provide such alternative financial assurance in the name of [licensee] or make full payment under the guarantee.

16. The guarantor expressly waives notice of acceptance of this guarantee by the state of Ohio or by [licensee]. The guarantor also expressly waives notice of amendments or modification of the decommissioning requirements and of amendments or modifications of the license.

17. If the guarantor files financial reports with the U. S. securities and exchange commission, then it shall promptly submit them to the state of Ohio during each year in which this guarantee is in effect.

I hereby certify that this guarantee is true and correct to the best of my knowledge.

Effective date: ______________________________

[Name of guarantor]

[Authorized signature for guarantor]

[Name of person signing]

[Title of person signing]

Signature of witness or notary: _____________________________________

Effective: 12/22/2008

R.C. 119.032 review dates: 09/15/2008 and 12/01/2013

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.11

Prior Effective Dates: 7/22/2001, 8/15/05, 7/7/08

3701:1-40-18 Expiration or termination of license; decommissioning of sites and separate buildings or outdoor areas.

(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 and this rule not less than ninety days before the expiration date stated in the existing license. Except that a licensee holding a broad scope license shall apply for renewal not less than one hundred eighty days prior to expiration 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.

(C) A licensee shall provide written notice to the director within sixty days of the occurrence of any of the following, in accordance with rule 3701:1-40-04 of the Administrative Code:

(1) The license has expired;

(2) The licensee has decided to permanently cease licensed activities at the entire site or in any separate building, room or outdoor area that contains residual radioactivity such that the building, room or outdoor area is unsuitable for release in accordance with the definition of “decommissioning” in Chapter 3748. of the Revised Code and the regulations for decommissioning in rule 3701:1-38-22 of the Administrative Code.

(3) No licensed activities have been conducted for a period of twenty-four months; or

(2) If the procedures and activities necessary to carry out decommissioning of the

(4) No licensed activities have been conducted for a period of twenty-four months in any separate building, room or outdoor area that contains residual radioactivity such that the building, room or outdoor area is unsuitable for release in accordance with rule 3701:1-38-22 of the Administrative Code.

(D) In the event of an occurrence as set forth in paragraph (C) of this rule, the licensee shall either:

(1) Begin decommissioning the site, and any separate building, room or outdoor area that contains residual radioactivity so that the site, building, room and outdoor area are suitable for release in accordance with rule 3701:1-38-22 of the Administrative Code; or

(2) If required by paragraph (G)(1) of this rule, submit within twelve months of notification, a decommissioning plan and begin decommissioning upon the director’s approval of that plan.

(E) In addition to written notification of an occurrence, the licensee shall maintain all decommissioning financial assurances established by the licensee pursuant to rule 3701:1-40-17 of the Administrative Code in conjunction with a license issuance or renewal or as required by this rule.

(F) The director may grant a request to extend the twelve-month time period to submit a decommissioning plan established in paragraph (D)(2) of this rule provided that the director determines that the alternative schedule is necessary to the effective conduct of decommissioning operations and that the extension is not detrimental to the public health and safety or the environment and is otherwise in the public interest. The extension request must be submitted no later than thirty days after the occurrence for which notification is required. Decommissioning set forth in paragraph (D)(2) of this rule may not commence until the director has made a determination on the extension request.

(G) The licensee shall submit a decommissioning plan to the director prior to commencing any decommissioning in the following cases:

(1) If required by license condition; or

(2) If the procedures and activities necessary to carry out decommissioning of the site or separate building, room or outdoor area have not been previously approved by the director and these procedures could increase potential health and safety risk to workers or to the public, such as in any of the following cases:

(a) Decommissioning procedures would involve techniques not applied routinely during cleanup or maintenance operations;

(b) Workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation;

(c) Decommissioning procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or

(d) Decommissioning procedures could result in significantly greater releases of radioactive material to the environment than those associated with operation.

(H) A proposed decommissioning plan for a site or separate building, room or outdoor area shall include the following:

(1) A description of the conditions of the site or separate building, room or outdoor area sufficient to evaluate the acceptability of the plan;

(2) A description of planned decommissioning activities;

(3) A description of methods used to ensure protection of workers and the environment against radiation hazards during decommissioning;

(4) A description of the planned final radiation survey;

(5) An updated detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for decommissioning, and a plan for assuring the availability of adequate funds for completion of decommissioning; and

(6) In the case of a decommissioning plan that results in the licensee completing decommissioning later than twenty-four months after plan approval, the plan shall include a justification for the delay based on the criteria in paragraph (J) of this rule.

The proposed decommissioning plan will be approved by the director if the information therein demonstrates compliance with rule 3701:1-38-22 of the Administrative Code, that the decommissioning will be completed as soon as practicable, and that the health and safety of workers and the public will be adequately protected.

(I) Except as provided in paragraph (J) of this rule, a licensee shall:

(1) Complete decommissioning of the site or separate building or outdoor area as soon as practicable but no later than twenty-four months following the initiation of decommissioning; and

(2) When decommissioning involves the entire site, request license termination as soon as practicable but no later than twenty-four months following the initiation of decommissioning, unless the decommissioning is still actively in progress.

(J) The director may approve a request for an alternative schedule for completion of decommissioning and license termination. In considering whether an alternative schedule is warranted, the director shall consider the following:

(1) Whether it is technically feasible to complete decommissioning within twenty-four months;

(2) Whether sufficient waste disposal capacity is available to allow completion of decommissioning within twenty-four months;

(3) Whether a significant volume reduction in wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;

(4) Whether a significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; and

(5) Any other factor that the director finds is unique to the site, such as the regulatory requirements of other government agencies, lawsuits, ground-water treatment activities, monitored natural ground-water restoration, actions that could result in more environmental harm than deferred cleanup, and other factors beyond the control of the licensee.

(K) After decommissioning the site, the licensee shall:

(1) Certify the disposition of all licensed material, including accumulated wastes, by submitting a completed disposition of radioactive materials form provided by the director; and

(2) Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, unless the licensee demonstrates in some other manner that the premises are suitable for release in accordance with the criteria for decommissioning set forth in rule 3701:1-38-22 of the Administrative Code. The licensee shall survey and report as follows:

(a) Levels of gamma radiation in units of millisieverts (microroentgen) per hour at one meter from surfaces and radioactivity, including alpha and beta, in units of megabecquerels (disintegrations per minute or microcuries) per one hundred square centimeters, removable and fixed, for surfaces, megabecquerels (microcuries) per milliliter for water, and becquerels (picocuries) per gram for solids such as soils or concrete; and

(b) Identification of any survey instrument used and a certification that each instrument was properly calibrated and tested prior to being used to measure radioactivity at the site.

(L) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the director determines that:

(1) Radioactive material has been properly disposed;

(2) Reasonable effort has been made to eliminate residual radioactive contamination, if present;

(3) A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with the criteria for decommissioning, or other information is submitted by the licensee that is sufficient to demonstrate that the premises are suitable for release in accordance with the criteria for decommissioning in this chapter and rule 3701:1-38-22 of the Administrative Code; and

(4) All applicable fees have been paid.

Effective: 09/01/2011

R.C. 119.032 review dates: 05/23/2011 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.11

Prior Effective Dates: 7/22/2001, 8/15/05, 1/29/07

3701:1-40-19 Transfer of radioactive material.

(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.

(C) Before transferring radioactive material to an entity specified in paragraph (B) of this rule, the licensee transferring the material shall verify that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred. The licensee may verify the transferee’s authorization to accept the material by possessing one of the following:

(1) A current copy of the transferee’s specific license or registration certificate specifying the type, form, and quantity of radioactive material to be transferred;

(2) A written certification by the receiving licensee certifying that the licensee is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, and further specifying the license or registration certificate number, issuing agency, and expiration date;

(3) In the case of an emergency shipment, the transferring licensee may accept oral certification by the receiving licensee that the licensee is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, and further, specifying the license or registration certificate number, issuing agency and expiration date. The transferring licensee shall obtain written confirmation detailing the oral certification within ten days of the emergency transfer; or

(4) The transferor may obtain other sources of information compiled by a reporting service from official records of the department, United States nuclear regulatory commission, or the licensing agency of an agreement state as to the identity of the receiving licensee, whether the licensee is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, and the expiration date of the receiving licensee’s license or registration.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-20 Reporting requirements.

(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.

(2) An event in which equipment is disabled or fails to function as designed when:

(a) The equipment is required by regulation or license condition to prevent a release exceeding regulatory limits, to prevent exposure to radiation or radioactive material exceeding regulatory limits, or to mitigate the consequences of an accident;

(b) The equipment is required to be available and operable when it is disabled or fails to function; and

(3) An event that requires unplanned medical treatment of an individual with spreadable radioactive contamination on the individual’s clothing or body.

(4) An unplanned fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material when:

(a) The quantity of material involved is 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

(b) The damage affects the integrity of the licensed material or its container.

(1) Licensees shall make reports required by paragraphs (A) and (B) of this rule by telephone, to the department at the telephone number listed in the notice to employees required by paragraph (A)(1)(e) of rule 3701:1-38-10 of the Administrative Code. To the extent that the information is available at the time of notification, the information provided in these reports must include:

(a) The caller’s name and call back telephone number;

(b) A description of the event, including date and time;

(d) The radionuclides, quantities, and chemical and physical form of the licensed material involved; and

(e) Any personnel radiation exposure data available.

(2) Each licensee who makes a report required by paragraph (A) or (B) of this rule shall submit a written follow-up report within thirty days of the initial report. Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the report contains all of the necessary information and the appropriate distribution is made. These written reports shall be sent to the department in the manner specified in rule 3701:1-40-04 of the Administrative Code. The report must include the following:

(a) A description of the event, including the probable cause and the manufacturer and model number, if applicable, of any equipment that failed or malfunctioned;

(b) The exact location of the event;

(d) Date and time of the event;

(e) Corrective actions taken or planned and the results of any evaluations or assessments; and

(f) The extent of exposure of individuals to radiation or to radioactive materials without identification of individuals by name.

(D) This rule applies to all licensees possessing material licensed under rule 3701:1-38-02 of the Administrative Code. This rule does not apply to material under a license subject to the notification requirements in 10 C.F.R. 50.72 , as published in the January 1, 2009, Code of Federal Regulations.

(E) An applicant for a license or a licensee shall notify the department within two working days of information identified by the applicant or licensee as having for the regulated activity, an active adverse impact on equipment or personnel readily obvious by human observation or instrumentation, or a radiological impact on personnel or the environment in excess of regulatory limits. 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 or should have identified.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-21 Records.

(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 ofradioactive material until the director terminates each license that authorizes disposal of the material.

(B) Except as provided in paragraph (C) of this rule, the licensee shall retain each record that is required by this chapter, Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 ofthe Administrative Code, and rule 3701:1-38-02 of the Administrative Code, or by license condition for the period specified by the appropriate regulation or license condition. If a retention period is not otherwise specified by rule or license condition, the record must be retained until the director terminates each license that authorizes the activity that is subject to the record-keeping requirement. Such records may be either the original record or a reproduced copy or microform, provided that such copy or microform is duly authenticated by authorized personnel and the microform is capable of producing a clear and legible copy after storage for the period specified by the director. The record also may be stored in electronic media provided that the licensee is capable of producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against record tampering and loss.

(C) In the case of a conflict between a record requirement specified in rule and that requirement specified as a license condition, the licensee shall comply with the license condition.

(D) Prior to license termination, each licensee authorized to possess radioactive material with a half-life greater than one hundred twenty days, in an unsealed form, shall forward to the department, records of disposal of radioactive material buried without specific state authority or buried without authorization from the United States nuclear regulatory commission prior to January 28, 1981, pursuant to 10 C.F.R. 20.304.

(E) If licensed activities are transferred or assigned in accordance with paragraph (B) of rule 3701:1-40-19 of the Administrative Code, each licensee authorized to possess radioactive material, with a half-life greater than one hundred twenty days, in an unsealed form, shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(1) Records of disposal of licensed material made under rule 3701:1-38-19 of the Administrative Code, including any burial authorized under a United States nuclear regulatory commission license on or before January 28, 1981, or a previous”section 20.304” permitted burial of a small quantity of licensed material in soil by a United States nuclear regulatory commission licensee on or before January 28, 1981, without specific authorization, in accordance with 10 C.F.R. 20.304 as that section existed on January 1, 1981.

(2) Records required by rule 3701:1-38-20 of the Administrative Code.

(F) Prior to license termination, each licensee shall forward to the department all the records required by paragraph (I) of rule 3701:1-40-17 of the Administrative Code.

Effective: 09/01/2011

R.C. 119.032 review dates: 05/23/2011 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05, 1/29/07

3701:1-40-22 Specific licenses of broad scope.

(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.

(B) A “type A specific license of broad scope”, or “type A broad license” is a specific license authorizing receipt, acquisition, ownership, possession, use, and transfer of any chemical or physical form of the radioactive material specified in the license, but not exceeding quantities specified in the license, for authorized purposes, with quantities usually greater than one curie.

(C) A “type B specific license of broad scope” or “type B broad license” is a specific license authorizing receipt, acquisition, ownership, possession, use, and transfer of any chemical or physical form of radioactive material specified in column I of the appendix to this rule for authorized purposes. The possession limit for a type B broad license, if only one radionuclide is possessed thereunder, is the quantity specified for that radionuclide in column I of the appendix to this rule. If two or more radionuclides are possessed under a type B broad license, the possession limit for each is calculated as follows:

(1) For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified for that radionuclide in column I of the appendix to this rule.

(2) Add the ratios for all radionuclides possessed under the license. The possession limit is reached when the sum of all ratios exceeds unity.

(D) A “type C specific license of broad scope” or “type C broad license” is a specific license authorizing receipt, acquisition, ownership, possession, use, and transfer of any chemical or physical form of radioactive material specified in column II of the appendix to this rule, for authorized purposes. The possession limit for a type C broad license, if only one radionuclide is possessed thereunder, is the quantity specified for that radionuclide in column II of the appendix to this rule. If two or more radionuclides are possessed under a type C broad license, the possession limit for each is calculated as follows:

(1) For each radionuclide, determine the ratio of the quantity possessed to the applicable quantity specified for that radionuclide in column II of the appendix to this rule.

(2) Add the ratios for all radionuclides possessed under the license. The possession limit is reached when the sum of all ratios exceeds unity.

Click to view Appendix

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-23 Requirements for the issuance of a type A specific license of broad scope.

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.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-24 Requirements for the issuance of a type B specific license of broad scope.

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;

(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.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-25 Requirements for the issuance of a type C specific license of broad scope.

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

(C) The applicant has established administrative controls and provisions relating to procurement of radioactive material, procedures, record keeping, material control and accounting, and management review necessary to assure safe operations.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-26 Conditions of specific licenses of broad scope.

(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.

(B) Each type A specific license of broad scope issued under this chapter and rule 3701:1-38-02 of the Administrative Code shall be subject to the condition that radioactive material possessed under the license may only be used by, or under the direct supervision of, individuals approved by the licensee’s radiation safety committee.

(C) Each type B specific license of broad scope issued under this chapter and rule 3701:1-38-02 of the Administrative Code shall be subject to the condition that radioactive material possessed under the license may only be used by, or under the direct supervision of, individuals approved by the licensee’s radiation safety officer.

(D) Each type C specific license of broad scope issued under this chapter and rule 3701:1-38-02 of the Administrative Code shall be subject to the condition that radioactive material possessed under the license may only be used by, or under the direct supervision of, individuals who satisfy the requirements of rule 3701:1-40-25 of the Administrative Code.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.06, 3748.07

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-27 Exemptions and continued regulatory authority in agreement states and in offshore waters under section 274 of the Atomic Energy Act.

(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 published in the January 1, 2009, Code of Federal Regulations, 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 published in the January 1, 2009, Code of Federal Regulations, 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 published in the January 1, 2009, Code of Federal Regulations.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04, 3748.21

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-28 Recognition of agreement state licenses - reciprocity.

(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.

(B) The United States nuclear regulatory commission retains authority to issue a general license to conduct the same activity in non-agreement states, areas of exclusive federal jurisdiction within agreement states, and offshore waters. The provisions of this paragraph do not apply if the agreement state, or the United States nuclear regulatory commission limits the authorized activity to a specific installation or location not within Ohio.

(C) A person applying for reciprocity in the state of Ohio as specified in paragraph (A) of this rule shall do the following:

(1) At least three days prior to engaging in each activity for the first time in a calendar year, the person shall submit on a form provided by the director, an application for reciprocity to conduct the activity in the state of Ohio, a copy of his or her United States nuclear regulatory commission or agreement state specific license, and the appropriate fee as prescribed in rule 3701:1-38-02 of the Administrative Code. If the person, due to an emergency, is unable to file the submittal three days before engaging in activities under reciprocity, the department may waive the three-day time requirement provided that the licensee:

(a) Informs the department by telephone or facsimile of the information provided on the reciprocity application;

(b) Receives oral or written authorization for the activity from the department; and

(c) Within three days after the notification, files the reciprocity application form, a copy of the United States nuclear regulatory commission or agreement state license, and the appropriate fee.

(2) The person shall file an amended reciprocity form with the appropriate fee with the department to request approval for changes in work locations, radioactive material, or work activities different from the information contained on the initial reciprocity application.

(D) An Ohio reciprocity agreement shall expire on the last day of December of the same year that the reciprocity agreement was issued.

(E) A licensee that is engaging in activities authorized by an Ohio reciprocity agreement shall comply with all terms and conditions of the specific license for which Ohio reciprocity was issued, except for such terms or conditions as are contrary to the requirements of this rule.

(F) No person shall engage in the activities authorized by an Ohio reciprocity agreement for more than one hundred eighty days in any calendar year.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-29 Funds for reclamation of radioactive material.

(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.

Effective: 09/01/2011

R.C. 119.032 review dates: 05/23/2011 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.04

Rule Amplifies: 3748.04, 3748.11

Prior Effective Dates: 7/22/2001

3701:1-40-30 Preliminary procedures for environmental review.

(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 toChapter 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.

(B) Except in special circumstances as determined by the director at his or her discretion, an environmental report and bureau assessment report is not required in the case of an action included in the list of categorical exclusions set forth in paragraph (C) of this rule. Notwithstanding paragraph (C) of this rule, the director, at his or her discretion, may require an environmental report and bureau assessment report if he or she determines that special circumstances exist because the proposed action involves an unreasonable or unnecessary individual or cumulative risk to the human environment.

(1) Issuance of an amendment to a license for a radioactive material waste disposal site or an amendment to a radioactive materials license if required by Chapter 3701:1-54 of the Administrative Code which are administrative, organizational, or procedural in nature, or which result in a change in process operations or equipment, provided that:

(a) There is no significant change in the type or significant increase in the amount of any effluent that may be released offsite;

(b) There is no significant increase in individual or cumulative occupational radiation exposure;

(d) There is no significant increase in the potential for or consequences from radiological accidents.

(2) Issuance, amendment or renewal of radioactive materials licenses issued pursuant to this chapter and Chapters 3701:1-44, 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, 3701:1-56 and 3701:1-58 ofthe Administrative Code affecting general licenses, manufacture and distribution, industrial radiography, well logging, irradiators, medical use, source material, special nuclear material of less than critical mass authorizing the following:

(a) Distribution of radioactive materials and devices or products containing radioactive material to general licensees and to persons exempt from licensing;

(b) Distribution of radio-pharmaceuticals, generators, reagent kits, or sealed sources to persons licensed in accordance with Chapter 3701:1-58 of the Administrative Code;

(d) Medical and veterinary facilities;

(e) Use of radioactive materials for research and development and for educational purposes;

(f) Industrial radiography;

(g) Irradiators;

(h) Use of sealed sources or gauging devices, analytical instruments or other devices containing sealed sources;

(i) Use of uranium as shielding material in containers or devices;

(j) Possession of radioactive material incident to performing services such as installation, maintenance, leak tests and calibration;

(k) Use of sealed sources or radioactive tracers in well-logging procedures;

(l) Acceptance of packaged radioactive wastes from others for transfer to a licensed disposal facility, provided that the interim storage period for any package does not exceed one hundred eighty days and the total possession limit for all packages held in interim storage at the same time does not exceed 1.85 terabecquerels (fifty curies);

(m) Manufacturing or processing of source, radioactive , special nuclear materials or NARM for distribution to other licensees, except processing of source material for extraction of rare earth and other metals and processing of NARM for extraction of metals;

(n) Nuclear laundries;

(o) Possession, manufacturing, processing, shipment, testing, or other use of depleted uranium military munitions; or

(p) Any use of NARM, source, radioactive , or special nuclear material not listed in paragraphs (C)(2)(a) to (C)(2)(o) of this rule which involves quantities and forms of source, radioactive , or special nuclear material of quantities less than a critical mass, similar to those listed in paragraphs (C)(2)(a) to (C)(2)(o) of this rule.

Effective: 09/01/2011

R.C. 119.032 review dates: 05/23/2011 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05, 10/22/06

3701:1-40-31 Determination to prepare bureau assessment report; eligibility for categorical exclusion.

(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.

(1) Involve any state agency which has jurisdiction or relevant, substantial expertise with respect to any environmental impact involved or which is authorized to develop and enforce relevant environmental standards;

(2) Involve affected federal and local agencies, including those authorized to develop and enforce relevant environmental standards;

(3) Identify other environmental review and consultation requirements related to the proposed action so that other required analyses and studies may be prepared concurrently and integrated with the bureau assessment report;

(4) Indicate the relationship between the timing of the preparation of environmental analyses and the department’s tentative planning and decision-making schedule;

(5) Identify any cooperating agencies, and as appropriate, allocate assignments for preparation and schedules for completion of the assessment report to the director and any cooperating agencies;

(6) Describe the means by which the bureau assessment report will be prepared, including any contractor assistance to be used;

(7) Prepare the report, which shall include at least the following:

(a) A discussion of the proposed action;

(b) The need for the proposed action;

(d) The environmental impact of the proposed action and the alternatives as appropriate; and

(e) A list of agencies and persons consulted, and identification of sources used; and

(8) Provide a concise summary of the determinations and conclusions reached, including the significant issues identified.

(D) At any time prior to issuance of the bureau assessment report, the director may revise the determinations made under paragraphs (B) and (C) of this rule, as appropriate, if substantial changes are made in the proposed action, or if significant new circumstances or information arise which bear on the proposed action or its impacts.

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-32 Finding of no significant impact.

(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.

(B) As provided in paragraph (C) of this rule, the department may make a determination to prepare and issue a draft finding of no significant impact for public review and comment before making a final determination whether to prepare a bureau assessment report or a final finding of no significant impact on the proposed action. The department may use consultants to prepare a draft or final finding of no significant impact. The cost of any such finding is a part of the licensing or renewal of a facility and shall be paid by the applicant upon receipt of an invoice from the department.

(1) A finding of no significant impact appears warranted for the proposed action but the proposed action is closely similar to one which normally requires the preparation of bureau assessment report, or

(2) The proposed action is without precedent.

(D) A draft finding of no significant impact will:

(1) Be marked “draft”;

(2) Contain the information specified in paragraph (A) of this rule;

(3) Be accompanied by or include a request for comments on the proposed action and on the draft finding within thirty days, or such longer period as may be specified in the notice of the draft finding; and

(4) Be published in the appropriate newspapers within the state of Ohio as required by paragraph (I) of this rule and rule 3701:1-40-37 of the Administrative Code.

(E) A draft finding of no significant impact shall be distributed as provided for a bureau assessment report in rule 3701:1-40-34 of the Administrative Code.

(F) When a draft finding of no significant impact is issued for a proposed action, a final determination to prepare a bureau assessment report or a final finding of no significant impact for that action shall not be made until the last day of the public comment period has expired.

(G) Except as provided in paragraph (B) of this rule, the finding of no significant impact will be prepared by the department.

(H) The department will conduct a public meeting prior to issuing a final finding of no significant impact. The meeting shall be noticed in accordance with the requirements of rule 3701:1-40-37 of the Administrative Code and shall be held in the county where the proposed facility is located. Whenever the department makes a draft or final finding of no significant impact on a proposed action, the finding will be published as provided for a bureau assessment report in rule 3701:1-40-34 of the Administrative Code.

(I) The department shall not take the proposed action until after the final finding has been published in accordance with the requirements of rule 3701:1-40-37 of the Administrative Code.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748-02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-33 Environmental report.

(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” with copies in an amount specified in the appendix to this rule. 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.

(C) The environmental report shall include an analysis that considers and balances the environmental effects of the proposed action, the environmental impacts of alternatives to the proposed action, and alternatives available for reducing or avoiding adverse environmental effects as they relate to human health. The analyses for environmental reports shall, to the fullest extent practicable, quantify the various factors considered. To the extent that there are important qualitative considerations or factors that cannot be quantified, those considerations or factors shall be discussed in qualitative terms. The environmental report should contain sufficient data to aid the department in development of an independent analysis.

(D) The environmental report shall list all state of Ohio permits, licenses, approvals and other entitlements which must be obtained in connection with the proposed action and all federal permits, licenses, approvals and other entitlements which must be obtained in connection with the proposed action and shall describe the status of compliance with these requirements. The environmental report shall also include a discussion of the status of compliance with applicable environmental quality standards and requirements including, but not limited to, applicable zoning and land-use regulations, and water pollution limitations or requirements which have been imposed by federal or state agencies having responsibility for environmental protection. The discussion of alternatives in the report shall include a discussion of whether the alternatives will comply with such applicable environmental quality standards and requirements.

(E) The information submitted pursuant to paragraphs (B) to (D) of this rule should not be confined to information supporting the proposed action but shall also include any adverse information.

(F) In accordance with paragraph (A) of this rule, each applicant shall prepare an environmental report for the following types of actions:

(1) Issuance or renewal of a license for:

(a) Possession and use of special nuclear material for processing, scrap recovery, or conversion of uranium hexafluoride pursuant to rules Chapter 3701:1-56 of the Administrative Code.

(b) Possession and use of source material for uranium milling or production of uranium hexafluoride pursuant to Chapter 3701:1-44 ofthe Administrative Code.

(c) Receipt, processing, or disposal of radioactive waste from other persons pursuant to Chapter 3701:1-54 ofthe Administrative Code.

(d) Processing of source material for extraction of rare earth and other metals.

(e) Use of radioactive tracers in field flood studies involving secondary and tertiary oil and gas recovery.

(f) Processing or recycling of NARM that would result in concentration of radioactivity in waste materials in amounts that exceed concentrations provided in Chapter 3701:1-40 of the Administrative Code for the processing or recycling of NARM.

(g) Processing or recycling of soils or materials containing concentrations of source or radioactive material or NARM that exceed concentrations provided in Chapter 3701:1-40 of the Administrative Code relative to disposal.

(2) Issuance of an amendment that would authorize or result in:

(a) A significant expansion of a site;

(b) A significant change in the types of effluents;

(d) A significant increase in individual or cumulative occupational radiation exposure; or

(e) A significant increase in the potential for or consequences from radiological accidents.

(3) Termination of a license for the possession and use of source material for uranium milling.

(4) Issuance of a license amendment pursuant to Chapter 3701:1-54 ofthe Administrative Code authorizing:

(a) Closure ofa land disposal site;

(b) Transfer of the license to the disposal site owner for the purpose of institutional control; or

(5) Any other licensing action for which the director determines an environmental report is necessary.

(G) Each applicant for issuance of a license for disposal of radioactive waste pursuant to Chapter 3701:1-54 of the Administrative Code shall submit to the department with the application a separate document, entitled “applicant’s environmental report – license for disposal of radioactive waste” with copies as specified in the appendix to this rule. The environmental report and any supplement to the environmental report may incorporate by reference information contained in the application or in any previous application, statement or report filed with the director, provided that such references are clear and specific and that copies of the information so incorporated are available at the department and in any public document room established by the director near the proposed disposal site.

(H) The environmental report shall contain the information specified in this rule, shall address the applicant’s environmental monitoring program required by Chapter 3701:1-54 of the Administrative Code, and shall be as complete as possible in the light of information that is available at the time the environmental report is submitted.

(I) The applicant shall supplement the environmental report in a timely manner as necessary to permit the department to review, prior to issuance, amendment or renewal of a license, new information regarding the environmental impact of previously proposed activities, information regarding the environmental impact of any changes in previously proposed activities, or any significant new information regarding the environmental impact of closure activities and long-term performance of the disposal site.

(J) Each applicant for a license, or an amendment to, or renewal of a license that pursuant to these rules requires an environmental report shall submit such report or any supplement to an environmental report with the number of copies specified in the appendix to this rule. The applicant shall retain additional copies of the environmental report or any supplement to the environmental report in the number of copies specified for distribution to federal, state, and local officials in accordance with written instructions issued by the director.

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Effective: 09/01/2011

R.C. 119.032 review dates: 05/23/2011 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 10/22/06

3701:1-40-34 Bureau assessment report.

(A) The department shall prepare either a draft or final bureau assessment report as soon as practicable after receipt of the applicant’s environmental report and after a determination that a finding of no significant impact is not appropriate. The action plan and time line shall address whether a draft assessment report shall be prepared prior to preparation of the final bureau assessment report. To the fullest extent practicable, the bureau assessment report shall be prepared concurrently or integrated with environmental impact analyses and related surveys and studies if required by state or federal law.

(B) The bureau assessment report, and any draft report thereof, shall be concise, clear and analytic, and written in plain language with appropriate graphics. The report shall state how alternatives considered in it and decisions based on it will or will not achieve the requirements of any relevant and applicable environmental laws and policies. The report also shall identify any methodologies used and sources relied upon, and shall be supported by evidence that the necessary environmental analyses have been made.

(C) The director shall cooperate with other relevant state and local agencies and the United States nuclear regulatory commission to the fullest extent possible to reduce duplication between federal, state and local requirements.

(D) To the extent sufficient information is available, the bureau assessment report, and any draft report thereof, shall include consideration of major points of view concerning the environmental impacts of the proposed action and the alternatives, and contain an analysis of significant problems and objections raised by other federal, state, and local agencies and by any comments received from the public.

The bureau assessment report and any draft report thereof, shall include a preliminary analysis that considers and weighs the environmental effects of the proposed action; the environmental impacts of alternatives to the proposed action; and alternatives available for reducing or avoiding adverse environmental effects. The analysis for all bureau assessment reports shall, to the fullest extent practicable, quantify the various factors considered. To the extent that there are important qualitative considerations or factors that cannot be quantified, these considerations or factors shall be discussed in qualitative terms. Due consideration shall be given to compliance with environmental quality standards and requirements that have been imposed by federal or state agencies having responsibility for environmental protection. Satisfaction of department of health standards and criteria pertaining to radiological effects shall be necessary to meet the licensing requirements of Chapter 3748. of the Revised Code. The analysis shall consider the radiological effects of the proposed action and alternatives.

(E) The bureau assessment report, and any draft report thereof, shall list all state and federal permits, licenses, approvals, and other entitlements which must be obtained in implementing the proposed action and shall describe the status of compliance with those requirements. If it is uncertain whether a state or federal permit, license, approval, or other entitlement is necessary, the bureau assessment report shall so indicate.

(F) The bureau assessment report normally shall include a recommendation by the director respecting the proposed action. This recommendation shall be based on the information and analysis described in paragraphs (A) to (E) of this rule and shall be reached after considering the environmental effects of the proposed action and reasonable alternatives.

(G) The department shall prepare a supplement to a bureau assessment report for which a notice of availability has been published if there are substantial changes in the proposed action that are relevant to adverse radiological concerns that bear on the proposed action or its impacts.

(H) The department may prepare a supplement to a bureau assessment report when preparation of a supplement will provide additional information necessary to address concerns related to adverse radiological impact.

(I) The supplement to a bureau assessment report shall be prepared and noticed in the same manner as the bureau assessment report except that additional action plans and time lines need not be used.

(J) Each bureau assessment report, and each supplement to a bureau assessment report distributed in accordance with this rule, and each news release provided pursuant to this rule, shall be accompanied by or include a request for comments on the proposed action and on the bureau assessment report or any supplement to the bureau assessment report and shall state where comments should be submitted and the date on which the comment period closes. A minimum comment period of forty-five days shall be provided. The comment period shall be calculated from the publication date for the notice in the applicable area newspapers. If no comments are provided within the time specified, it will be presumed, unless the applicant requests an extension of time, that the applicant has no comment. To the extent practicable, the department will grant reasonable requests for extensions of time of up to fifteen days. The comment period for any agency is concurrent with the public comment period.

(K) A copy of the bureau assessment report shall be distributed to:

(1) The Ohio environmental protection agency;

(2) Any other state or federal agency which has special expertise or jurisdiction by law with respect to any environmental impact involved or which is authorized to develop and enforce relevant environmental standards;

(3) The applicant;

(4) Appropriate federal, state, and local agencies authorized to develop and enforce relevant environmental standards, land use, and zoning;

(5) Appropriate state, regional and metropolitan clearinghouses; and

(6) Upon request, any other person to the extent available.

(L) A supplement to a bureau assessment report shall be distributed in the same manner as the bureau assessment report to which it relates.

(M) News releases stating the availability for comment and place for obtaining or inspecting a bureau assessment report or supplement will be provided to at least one local newspaper of general circulation in the county where the action is proposed to occur.

(N) A notice of availability shall be published in appropriate area newspapers in accordance with rule 3701:1-40-37 of the Administrative Code.

(O) The director shall not render a decision on a proposed action, including the issuance of a license, or amendment to, or renewal of a license, for which a bureau assessment report is required, until the later of the following dates:

(1) Forty-five days after the department publishes in an appropriate area newspaper, a notice stating that the draft bureau assessment report is available at the department for review.

(2) Thirty days after the department publishes in an appropriate area newspaper, a notice stating that the final bureau assessment report has been completed and is available at the department for review.

If a notice of filing of a final bureau assessment report is published by the department within forty-five days after a notice of a draft bureau assessment report has been published by the department, the minimum thirty-day period and the minimum forty-five-day period may run concurrently to the extent they overlap.

(P) The cost of preparing a bureau assessment report shall be paid by the applicant for the action being requested. The amount shall include the cost of any contractors employed by the department, and staff time involved in the preparation and analysis of the environmental report and the subsequent bureau assessment report.

(Q) The format of the report shall be in accordance with department guidelines for the preparation of a bureau assessment report.

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22 2001, 8/15/05

3701:1-40-35 Final publishing of bureau assessment report.

(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.

(C) If the proposed action has not been taken, the department will prepare a supplement to a final bureau assessment report for which a notice of availability has been published as provided in rule 3701:1-40-37 of the Administrative Code, if:

(1) There are substantial changes in the proposed action that are relevant to environmental concerns; or

(2) There are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.

The supplement shall contain a request for comments as provided in rule 3701:1-40-34 of the Administrative Code, and a notice of availability shall be published in applicable local newspapers as provided in rule 3701:1-40-37 of the Administrative Code. If comments are not requested, a notice of availability of a supplement to a final bureau assessment report shall be published as provided in rule 3701:1-40-37 of the Administrative Code.

(D) The supplement to a final bureau assessment report will be prepared in the same manner as the final bureau assessment report.

(E) A copy of the final bureau assessment report will be distributed to the following: (1) The Ohio environmental protection agency;

(2) The applicant;

(3) Appropriate federal, state, regional and metropolitan clearinghouses; and

(4) Each person providing comment.

Additional copies will be made available by request to the department.

(F) If the final bureau assessment report is unusually long, or there are so many comments on a draft bureau assessment report or any supplement to a draft bureau assessment report that distribution of the entire final report to all persons providing comments is impracticable, a summary of the final statement and the substantive comments may be distributed.

(G) A supplement to a final bureau assessment report shall be distributed in the same manner as the final bureau assessment report to which it relates.

(H) News releases stating the availability and place for obtaining or inspecting a final bureau assessment report or supplement shall be provided to area newspapers where the proposed action is to occur and other appropriate media.

(I) A notice of availability will be published in accordance with rule 3701:1-40-37 of the Administrative Code.

(J) The final bureau assessment report, together with any comments and any supplement, will accompany the application and be considered in the director’s decision-making process. The final bureau assessment report, together with any comments and any supplement, will be made a part of the record of any adjudicatory proceeding resulting from the director’s decision.

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-36 Requirement to provide a decision.

(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.

(B) The decision may be integrated into any other record prepared by the department in connection with the action.

(C) The decision may incorporate by reference material contained in a final bureau assessment report. The applicant may appeal a final decision as provided in rule 3701:1-38-06 of the Administrative Code.

R.C. 119.032 review dates: 05/16/2011 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.04

Rule Amplifies: 3748.04, 3748.11

Prior Effective Dates: 7/22/2001

3701:1-40-37 Bureau assessment report; public notice.

(A) As used in this rule, the term “publish” shall mean a printed notice in a newspaper of general circulation in the county where a proposed action or a facility is or is to be located. The department shall invoice the applicant and the applicant shall pay for all costs of publishing notices required by this rule.

(B) In accordance with rule 3701:1-40-31 of this chapter, the department shall publish a notice of intent stating that a bureau assessment report will be prepared. The notice will contain the information specified in paragraph (B) of rule 3701:1-40-31 of this chapter. Copies of the notice will be sent to appropriate federal, state, and local agencies, and appropriate state, regional, and metropolitan clearinghouses.

(C) Upon completion of a draft bureau assessment report or any supplement to a draft bureau assessment report, the department shall publish a notice of availability of the draft report. The notice of availability will request comments on the proposed action and on the draft report or any supplement to the draft report and will specify where comments should be submitted and when the comment period expires. The notice further shall state that copies of the draft report or any supplement to the draft report are available for public inspection at the department along with any comments received from interested persons. Copies of the notice will be sent to appropriate state, regional, and metropolitan clearinghouses, the involved licensee or applicant, and to interested persons upon request.

(D) Upon completion of a final bureau assessment report or any supplement to a final bureau assessment report, the department shall publish a notice of availability of the final report. The notice will state that copies of the final report or any supplement to the final report are available for public inspection and that inspection may be made at the department. Copies of the notice will be sent to appropriate federal, state and local agencies and appropriate state regional, and metropolitan clearinghouses, the involved licensee or applicant, and to interested persons upon request.

(E) In accordance with rule 3701:1-40-32 of this chapter, the department shall publish the finding of no significant impact. The finding of no significant impact will be identified as a draft or final finding, and shall contain the information specified in rule 3701:1-40-32 of this chapter, as appropriate. A draft finding of no significant impact will include a request for comments which specifies where comments should be submitted and when the comment period expires. The finding will state that copies of the finding, the environmental report setting forth the basis for the finding and any related environmental documents are available for public inspection at the department.

(F) A copy of a draft or final finding of no significant impact will be sent to the applicant and to appropriate federal, state, and local agencies and appropriate state, regional, and metropolitan clearinghouses. A copy of the draft finding also shall be sent to each person making comment.

(G) Copies of environmental reports, draft and final bureau assessment reports, bureau assessment report and findings of no significant impact, together with any related comments and environmental documents, will be placed in the department of health, bureau of radiation protection library at 246 North High Street, Columbus, Ohio.

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-38 Public participation process.

(A) The scope of this process applies to the initial licensing, decommissioning, and any major amendment for the following types of facilities: waste disposal, assured isolation storage, waste processing, facilities required to have an emergency response plan pursuant to paragraph (G) of rule 3701:1-40-14 of the Administrative Code . A major amendment consists of proposed changes to a facility or operations within a facility that would impact radiological operations to the extent that an enhancement of radiation dose to the general public may potentially exist.

(B) Notice of complete license application will be given to the public. A public notice of the pending action will be issued in the local newspaper of general circulation in the county where the applicant is located. The contiguous local governments in proximity to the facility in question will be likewise notified. A copy of the public notice will be placed in the depository library closest to the proposed facility. A notice that the bureau has received a complete license application for any facility referenced in paragraph (A) of this rule will be provided to everyone on the mailing list of interested parties and the listserv of the bureau of radiation protection at the conclusion of the completeness review of an application for such a facility. The notice will also be posted on the department’s web page for a period of forty-five days. The public may submit comments on the application to the department for consideration during the forty-five day comment period.

(C) A public participation program will be part of this process. The applicant for a facility listed in paragraph (A) of this rule shall be required to include, in any application for a license or major amendment to a license, the information provided to the public and the mechanism for such provision. This information shall be adequate to portray the types of radiological operations on site, the potential dose to the general population in proximity to the site, precautions to be taken to maintain such exposure ALARA, and how any member of the public can obtain additional information.

(D) The director may establish a public meeting process for the types of actions identified in paragraph (A) of this rule, if the director believes that such is needed in order to adequately address issues associated with the application.

(1) The scope of the meeting shall be limited to whether the application complies with applicable provisions of Chapter 3748. of the Revised Code and all applicable rules adopted thereunder.

(a) The department may hold one or more public meetings on the application at the discretion of the bureau of radiation protection.

(b) The department shall provide public notice of the meeting to one newspaper having general circulation in the county of the facility and to the individuals specified in paragraph (B) of this rule, including the availability of guidance.

(c) The department shall develop and provide guidance on the process for participation. Individuals may contact the department to obtain a copy of the guidance in advance of the meeting.

(2) The bureau of radiation protection is responsible for maintaining all records, exhibits, and correspondence submitted or issued in any public meeting. The bureau will maintain these documents on file for the duration of the license.

(3) The director shall designate a facilitator for any public meeting that is held.

(4) In any public meeting the applicant shall be a participant. Any other person may present information, orally or in writing, at the public meeting.

(5) After publication of a notice of public meeting, participants are afforded the opportunity to submit written presentations. If a participant provides a written presentation, the presentation shall describe in detail any deficiency resulting in a regulatory noncompliance in the license application, why such is deficient, and the relief sought.

(6) The facilitator shall allow oral presentations. Oral presentations shall focus on the content requirements specified in paragraph (D)(5) of this rule. Time limits may also be imposed by the facilitator.

(7) The processing of information received by the bureau shall be as follows:

(a) All information received concerning the application shall be considered by the bureau of radiation protection in deliberations for approval or denial of the license application under consideration.

(b) No later than forty-five days after the meeting, the bureau of radiation protection shall issued a written summary of the information presented pursuant to this rule. The report will be available on the department’s web page.

(c) Written comments may be submitted to the bureau of radiation protection within two weeks following issuance of a summary report by the bureau of radiation protection on the public meeting.

(8) The applicant for a facility license shall pay all costs associated with the conduct of any public meeting(s) conducted pursuant to this rule. The costs associated with the meeting shall be invoiced at full cost in accordance with paragraph (M) of rule 3701:1-38-02 of the Administrative Code.

Effective: 10/04/2010

R.C. 119.032 review dates: 06/25/2010 and 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.05

Prior Effective Dates: 7/22/2001, 8/15/05

3701:1-40-39 Radioactive drug: capsules containing carbon-14 urea for "in vivo" diagnostic use for humans.

(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

Effective: 10/04/2010

R.C. 119.032 review dates: 06/01/2015

Promulgated Under: 119.03

Statutory Authority: 3748.02, 3748.04

Rule Amplifies: 3748.04

Prior Effective Dates: 7/22/2001, 8/15/05