Chapter 3701:1-44 Issuance of Licenses

3701:1-44-01 Definitions.

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

(A) "Act" means the Atomic Energy Act of 1954 (68 Stat. 919), including any amendments thereto.

(B) "Byproduct material," as used in this chapter, means the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by such solution extraction operations do not constitute byproduct material within this definition. With the exception of "byproduct material" as defined in section 11e. of the Act, other terms defined in section 11 of the Act shall have the same meaning when used in the rules of this chapter.

(C) "Principal activities," as used in this part, means activities authorized by the license which are essential to achieving the purpose(s) for which the license was issued or amended. Storage during which no licensed material is accessed for use or disposal and activities incidental to decontamination or decommissioning are not principal activities.

(D) "Residual radioactive material" means:

(1) Waste (which the secretary of energy determines to be radioactive) in the form of tailings resulting from the processing of ores for the extraction of uranium and other valuable constituents of the ores; and

(2) Other waste (which the secretary of energy determines to be radioactive) at a processing site which relates to such processing, including any residual stock of unprocessed ores or low-grade materials. This term is used only with respect to materials at sites subject to remediation under title I of the Uranium Mill Tailings Radiation Control Act of 1978, as amended.

(E) "Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such as grinding, roasting or beneficiating, or refining.

(F) "Uranium milling" means any activity that results in the production of byproduct material as defined in this rule.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-02 Purpose and scope.

(A) The rules in Chapter 3701:1-44 of the Administrative Code establish procedures and criteria for the issuance of licenses to receive title to, receive, possess, use, transfer, or deliver source and byproduct materials, as defined in rule 3701:1-44-01 of the Administrative Code, and establish and provide for the terms and conditions upon which the department will issue such licenses.

(B) Except as provided in rules 3701:1-44-07 to 3701:1-44-10 of the Administrative Code, the rules in Chapter 3701:1-44 of the Administrative Code apply to all persons in the state of Ohio.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-03 Coverage of inactive tailings sites.

(A) Prior to the completion of the remedial action, the United States nuclear regulatory commission will not require a license pursuant to 10 CFR chapter I for possession of residual radioactive materials as defined in rule 3701:1-44-01 of the Administrative Code that are located at a site where milling operations are no longer active, if the site is covered by the remedial action program of title I of the Uranium Mill Tailings Radiation Control Act of 1978, as amended. The United States nuclear regulatory commission will exert its regulatory role in remedial actions primarily through concurrence and consultation in the execution of the remedial action pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978, as amended. After remedial actions are completed, the United States nuclear regulatory commission will license the long-term care of sites, where residual radioactive materials are disposed, under the requirements set out in 10 C.F.R. 40.27 .

(B) The United States nuclear regulatory commission will regulate byproduct material as defined in this part that is located at a site where milling operations are no longer active, if such site is not covered by the remedial action program of title I of the Uranium Mill Tailings Radiation Control Act of 1978. The criteria in appendix A of 10 C.F.R. 40 will be applied to such sites.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-04 License requirements and types of licenses.

(A) A person subject to the rules in Chapter 3701:1-44 of the Administrative Code may not receive title to, own, receive, possess, use, transfer, provide for long-term care, deliver or dispose of byproduct material or residual radioactive material as defined in rule 3701:1-44-01 of the Administrative Code or any source material after removal from its place of deposit in nature, unless authorized in a specific or general license issued by the department under the rules in Chapter 3701:1-44 of the Administrative Code.

(B) Licenses for source material and byproduct material are of two types: general and specific. Licenses for long-term care and custody of residual radioactive material at disposal sites are general licenses. The general licenses provided in Chapter 3701:1-44 of the Administrative Code are effective without the filing of applications with the department or the issuance of licensing documents to particular persons. Specific licenses are issued to named persons upon applications filed pursuant to the regulations in Chapter 3701:1-44 of the Administrative Code.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-05 Communications.

Except as otherwise provided, any communication or report required by Chapter 3701:1-44 of the Administrative Code shall be filed in accordance with Chapter 3748. of the Revised Code and rules promulgated thereunder. Documents pertaining to license application or any license matter, unless otherwise directed in writing, shall be submitted to the department at the following address or by 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: 11/28/2010
R.C. 119.032 review dates: 08/23/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-06 Completeness and accuracy of information.

(A) Information provided to the department by an applicant for a license or by a licensee or information required by statute or by the department's rules, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects.

(B) Each applicant or licensee shall notify the department of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the department of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the department within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the department by other reporting or updating requirements.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-07 Persons using source material under certain department of energy and nuclear regulatory commission contracts.

(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 or the Uranium Mill Tailings Radiation Control Act of 1978 are involved, any prime contractor of the United States department of energy is exempt from the requirements for a license set forth in sections 62, 63, and 64 of the 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, receives, possesses, uses, transfers or delivers source material for:

(1) The performance of work for the United States department of energy at a United States government-owned or controlled site, including the transportation of source material to or from such site and the performance of contract services during temporary interruptions of such transportation;

(2) Research in, or development, manufacture, storage, testing or transportation of, atomic weapons or components thereof; or

(3) The use or operation of nuclear reactors or other nuclear devices in a United States government-owned vehicle or vessel.

(B) In addition to the foregoing exemptions, and subject to the requirement for licensing of United States department of energy facilities and activities pursuant to section 202 of the Energy Reorganization Act of 1974 or the Uranium Mill Tailings Radiation Control Act of 1980, 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 62, 63, and 64 of the Act and from the rules in Chapter 3701:1-44 of the Administrative Code to the extent that such prime contractor or subcontractor receives, possesses, uses, transfers or delivers source material under his prime contract or subcontract when the department 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.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-08 Carriers.

Common and contract carriers, freight forwarders, warehousemen, and the United States postal service are exempt from the requirements in Chapter 3701:1-44 of the Administrative Code to the extent that they are not required to be licensed as set forth in Chapter 3748. of the Revised Code and rules promulgated thereunder to the extent that they only transport or store source material in the regular course of the carriage for another or storage incident thereto.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-09 Unimportant quantities of source material.

(A) Any person is exempt from the requirements in Chapter 3701:1-44 of the Administrative Code and from the requirements for a license set forth in Chapter 3748. of the Revised Code and the rules adopted thereunder to the extent that such person receives, possesses, uses, transfers or delivers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than one-twentieth of one per cent ( 0.05 per cent) of the mixture, compound, solution or alloy. The exemption contained in this paragraph does not include byproduct material as defined in Chapter 3701:1-44 of the Administrative Code.

(B) Any person is exempt from the requirements in Chapter 3701:1-44 of the Administrative Code and from the requirements for a license set forth in Chapter 3748. of the Revised Code and the rules adopted thereunder to the extent that such person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material; provided, that, except as authorized in a specific license, such person shall not refine or process such ore.

(C) Any person is exempt from the requirements in Chapter 3701:1-44 of the Administrative Code and from the requirements for a license set forth in Chapter 3748. of the Revised Code and the rules adopted thereunder to the extent that such person receives, possesses, uses, or transfers:

(1) Any quantities of thorium contained in:

(a) Incandescent gas mantles;

(b) Vacuum tubes;

(c) Welding rods;

(d) Electric lamps for illuminating purposes, provided that each lamp does not contain more than fifty milligrams of thorium;

(e) Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting, provided that each lamp does not contain more than two grams of thorium;

(f) Rare earth metals and compounds, mixtures, and products containing not more than 0.25 per cent by weight thorium, uranium, or any combination of these; or

(g) Personnel neutron dosimeters, provided that each dosimeter does not contain more than fifty milligrams of thorium.

(2) Source material contained in the following products:

(a) Glazed ceramic tableware, provided that the glaze contains not more than twenty per cent by weight source material;

(b) Piezoelectric ceramic containing not more than two per cent by weight source material;

(c) Glassware containing not more than ten per cent by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass or ceramic used in construction;

(d) Glass enamel or glass enamel frit containing not more than ten per cent by weight source material imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983.

(3) Photographic film, negatives, and prints containing uranium or thorium;

(4) Any finished product or part fabricated of, or containing tungsten or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed four per cent by weight and that the exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such product or part; and

(5) Uranium contained in counterweights installed in aircraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or removal of such counterweights, provided that:

(a) The counterweights are manufactured in accordance with a specific license issued by the department, an agreement state, United States nuclear regulatory commission or the atomic energy commission authorizing distribution by the licensee pursuant to this paragraph;

(b) Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "Depleted Uranium";

(c) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer, and the statement: "Unauthorized Alterations Prohibited"; and

(d) The exemption contained in this paragraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering.

(e) The requirements specified in paragraphs (C)(5)(b) and (c) of this rule need not be met by counterweights manufactured prior to Dec. 31, 1969, provided that such counterweights were manufactured under a specific license issued by the atomic energy commission and were impressed with the legend required by 10 C.F.R. 40.13(c)(5)(ii) in effect on June 30, 1969.

(6) Natural or depleted uranium metal used as shielding constituting part of any shipping container, provided that:

(a) The shipping container is conspicuously and legibly impressed with the legend "CAUTION--RADIOACTIVE SHIELDING--URANIUM"; and

(b) The uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of 3.2 millimeter ( 0.125 inch).

(7) Thorium contained in finished optical lenses, provided that each lens does not contain more than thirty per cent by weight of thorium; and that the exemption contained in this subparagraph shall not be deemed to authorize either:

(a) The shaping, grinding or polishing of such lens or manufacturing processes other than the assembly of such lens into optical systems and devices without any alteration of the lens; or

(b) The receipt, possession, use, transfer, or of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments.

(8) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:

(a) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and

(b) The thorium content in the nickel-thoria alloy does not exceed four per cent by weight.

(9) The exemptions in paragraph (C) of this rule do not authorize the manufacture of any of the products described.

(D) Any person is exempt from the requirements in Chapter 3701:1-44 of the Administrative Code and from the requirements for a license set forth in Chapter 3748. of the Revised Code and the rules promulgated thereunder to the extent that such person receives, possesses, uses, or transfers uranium contained in detector heads for use in fire detection units, provided that each detector head contains not more than one hundred eighty-five becquerels ( 0.005 microcurie) of uranium. The exemption in this paragraph does not authorize the manufacture of any detector head containing uranium.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-10 Specific exemptions.

(A) The department may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the rules in Chapter 3701:1-44 of the Administrative Code as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

(B) The United States department of energy is exempt from the requirements of Chapter 3701:1-44 of the Administrative Code.

(C) Except as specifically provided in Chapter 3701:1-54 of the Administrative Code, any licensee is exempt from the requirements of Chapter 3701:1-44 of the Administrative Code to the extent that its activities are subject to the requirements of Chapter 3701:1-54 of the Administrative Code.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-11 General license to receive title to source or byproduct material.

A general license is hereby issued authorizing the receipt of title to source or byproduct material, as defined in rule 3701:1-44-01 of the Administrative Code, without regard to quantity. This general license does not authorize any person to receive, possess, deliver, use, or transfer source or byproduct material.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-12 Small quantities of source material.

(A) A general license is hereby issued authorizing commercial and industrial firms; research, educational and medical institutions; and federal, state, and local government agencies to use and transfer not more than 6.8 kilograms (fifteen pounds) of source material at any one time for research, development, educational, commercial or operational purposes. A person authorized to use or transfer source material, pursuant to this general license, may not receive more than a total of sixty-eight kilograms (one hundred fifty pounds) of source material in any one calendar year.

(B) Persons who receive, possess, use, or transfer source material pursuant to the general license issued in paragraph (A) of this rule are exempt from the requirements in Chapter 3701:1-38 of the Administrative Code to the extent that such receipt, possession, use or transfer are within the terms of such general license, provided however that this exemption shall not be deemed to apply to any such person who is also in possession of source material under a specific license issued pursuant to Chapter 3701:1-44 of the Administrative Code.

(C) Persons who receive, possess, use or transfer source material pursuant to the general license in paragraph (A) of this rule are prohibited from administering source material, or the radiation therefrom, either externally or internally, to human beings except as may be authorized by the department, the United States nuclear regulatory commission, or an agreement state in a specific license.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-13 General license for use of certain industrial products or devices.

(A) A general license is hereby issued to receive, acquire, possess, use, or transfer, in accordance with the provisions of paragraphs (B), (C), (D), and (E) of this rule, depleted uranium contained in industrial products or devices for the purpose of providing a concentrated mass in a small volume of the product or device.

(B) The general license in paragraph (A) of this rule applies only to industrial products or devices which have been manufactured or initially transferred in accordance with a specific license issued pursuant to paragraph (A) of rule 3701:1-44-17 of the Administrative Code or in accordance with a specific license issued by the United States nuclear regulatory commission, or an agreement state which authorizes manufacture of the products or devices for distribution to persons generally licensed by the director, the United States nuclear regulatory commission or an agreement state.

(C)

(1) Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by paragraph (A) of this rule shall file form HEA 5115, "Use of Depleted Uranium Under General License," with the department. The form shall be submitted within thirty days after the first receipt or acquisition of such depleted uranium. The person shall furnish on form HEA 5115 the following information and such other information as may be required by that form:

(a) Name and address of the person;

(b) A statement that the person has developed and will maintain procedures designed to establish physical control over the depleted uranium described in paragraph (A) of this rule and designed to prevent transfer of such depleted uranium in any form, including metal scrap, to persons not authorized to receive the depleted uranium; and

(c) Name and/or title, address, and telephone number of the individual duly authorized to act for and on behalf of the person in supervising the procedures identified in paragraph (C)(1)(b) of this rule.

(2) The person possessing or using depleted uranium under the general license established by paragraph (A) of this rule shall report in writing to the department any changes in information furnished by the person in the form HEA 5115 "Use of Depleted Uranium Under General License." The report shall be submitted within thirty days after the effective date of such change.

(D) A person who receives, acquires, possesses, or uses depleted uranium pursuant to the general license established by paragraph (A) of this rule:

(1) Shall not introduce such depleted uranium, in any form, into a chemical, physical, or metallurgical treatment or process, except a treatment or process for repair or restoration of any plating or other covering of the depleted uranium.

(2) Shall not abandon such depleted uranium.

(3) Shall transfer or dispose of such depleted uranium only by transfer in accordance with the provisions of rule 3701:1-44-22 of the Administrative Code. In the case where the transferee receives the depleted uranium pursuant to the general license established by paragraph (A) of this rule, the transferor shall furnish the transferee a copy of this rule and a copy of form HEA 5115. In the case where the transferee receives the depleted uranium pursuant to a general license contained in the United States nuclear regulatory commission regulations or an Agreement State's regulation equivalent to this rule, the transferor shall furnish the transferee a copy of this rule and a copy of form HEA 5115 accompanied by a note explaining that use of the product or device is regulated by the United States nuclear regulatory commission or an agreement state under requirements substantially the same as those in this rule.

(4) Within thirty days of any transfer, shall report, in writing to the department, the name and address of the person receiving the source material pursuant to such transfer.

(E) Any person receiving, acquiring, possessing, using, or transferring depleted uranium pursuant to the general license established by paragraph (A) of this rule is exempt from the requirements of Chapter 3701:1-38 of the Administrative Code with respect to the depleted uranium covered by that general license.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-14 Application for specific licenses.

(A) A person may file an application for specific license in accordance with the instructions in rule 3701:1-44-05 of the Administrative Code. Information contained in previous applications, statements or reports filed with the director may be incorporated by reference provided that the reference is clear and specific.

(B) The director may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the director to determine whether the application should be granted or denied or whether a license should be modified or revoked. All applications and statements shall be signed by the applicant or licensee or a person duly authorized to act for and on his behalf.

(C) An application for a license filed pursuant to the requirements in Chapter 3701:1-44 of the Administrative Code will be considered also as an application for licenses authorizing other activities for which licenses are required by Chapter 3748. of the Revised Code and the rules promulgated thereunder, provided that the application specifies the additional activities for which licenses are requested and complies with requirements of the director as to applications for such licenses.

(D) Each application for a source material license shall be accompanied by the fee prescribed in rule 3701:1-38-02 of the Administrative Code.

(E) An application for a license to possess and use source material for uranium milling, production of uranium hexafluoride, or for the conduct of any other activity which the director has determined will significantly 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.

(F) An application for a license to receive, possess, and use source material for uranium or thorium milling or byproduct material, as defined in rule 3701:1-44-01 of the Administrative Code, at sites formerly associated with such milling shall contain proposed written specifications relating to milling operations and the disposition of the byproduct material to achieve the requirements and objectives set forth in the appendix to rule 3701:1-44-14 of the Administrative Code. Each application must clearly demonstrate how the requirements and objectives set forth in the appendix to rule 3701:1-44-14 of the Administrative Code have been addressed. Failure to clearly demonstrate how the requirements and objectives in the appendix to rule 3701:1-44-14 of the Administrative Code have been addressed shall be grounds for refusing to accept an application.

(G) As provided by rule 3701:1-44-18 of the Administrative Code, certain applications for specific licenses filed under Chapter 3701:1-44 of the Administrative Code must contain a proposed decommissioning funding plan or a certification of financial assurance for decommissioning.

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Effective: 11/22/2013
R.C. 119.032 review dates: 09/03/2013 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-15 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 promulgated thereunder;

(2) The applicant is qualified by reason of training and experience to use the source material for the purpose requested in such manner as to protect health and minimize danger to life or property;

(3) The applicant's proposed equipment, facilities and procedures are adequate to protect health and minimize danger to life or property;

(4) For an application to possess and use source and byproduct material for uranium milling or for the conduct of any other activity which the director determines will significantly affect the quality of the environment, the director has concluded that the action called for is the issuance of the proposed license, along with any appropriate conditions to protect environmental values, after:

(a) Reviewing filed information;

(b) Making evaluations pursuant to rule 3701:1-40-30 of the Administrative Code; and

(c) Weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives; and

(5) The applicant satisfies any applicable special requirements contained in rule 3701:1-44-16 of the Administrative Code.

(B) Commencement of construction prior to this conclusion in paragraph (A)(4) of this rule is grounds for denial of a license to possess and use source and byproduct material in the plant or facility. . The term "commencement of construction" is as defined in rule 3701:1-38-01 of the Administrative Code.

(C) All applicants shall prohibit commencement of construction with respect to such material listed in paragraph (A)(4) of this rule until the director has issued a license.

Effective: 07/25/2013
R.C. 119.032 review dates: 05/06/2013 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 02/06/2006, 11/28/10

3701:1-44-16 Special requirements for issuance of specific licenses.

(A) An application for a specific license to manufacture industrial products and devices containing depleted uranium, or to initially transfer such products or devices, for use pursuant to rule 3701:1-44-13 of the Administrative Code or equivalent regulations of the United States nuclear regulatory commission or an agreement state, will be approved if:

(1) The applicant satisfies the general requirements specified in rule 3701:1-44-15 of the Administrative Code;

(2) The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control procedures, labeling or marking, proposed uses, and potential hazards of the industrial product or device to provide reasonable assurance that possession, use, or transfer of the depleted uranium in the product or device is not likely to cause any individual to receive in one year a radiation dose in excess of ten per cent of the annual limits specified in rule 3701:1-38-12 of the Administrative Code; and

(3) The applicant submits sufficient information regarding the industrial product or device and the presence of depleted uranium for a mass-volume application in the product or device to provide reasonable assurance that unique benefits will accrue to the public because of the usefulness of the product or device.

(B) In the case of an industrial product or device whose unique benefits are questionable, the department will approve an application for a specific license under this paragraph only if the product or device is found to combine a high degree of utility and low probability of uncontrolled disposal and dispersal of significant quantities of depleted uranium into the environment.

(C) The department may deny an applicant for a specific license under this paragraph if the end uses of the industrial product or device cannot be reasonably foreseen.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-17 Conditions of specific licenses issued pursuant to rule 3701:1-44-16 of the Administrative Code.

Each person licensed pursuant to rule 3701:1-44-16 of the Administrative Code shall:

(A) Maintain the level of quality control required by the license in the manufacture of the industrial product or device, and in the installation of the depleted uranium into the product or device;

(B) Label or mark each unit to:

(1) Identify the manufacturer or initial transferor of the product or device and the number of the license under which the product or device was manufactured or initially transferred, the fact that the product or device contains depleted uranium, and the quantity of depleted uranium in each product or device; and

(2) State that the receipt, possession, use, and transfer of the product or device are subject to a general license or the equivalent and the rules of the state of Ohio or the United States nuclear regulatory commission or an agreement state;

(C) Assure that the depleted uranium before being installed in each product or device has been impressed with the following legend clearly legible through any plating or other covering: "Depleted Uranium";

(D) Furnish a copy of the general license contained in rule 3701:1-44-13 of the Administrative Code or a copy of the United States nuclear regulatory commission's or agreement state's equivalent regulation, and a copy of form HEA 5115 or the United States nuclear regulatory commission's or agreement state's equivalent certificate to each person whom the licensee transfers source material in a product or device for use pursuant to the general license contained in rule 3701:1-44-13 of the Administrative Code.

(E) Report to the director, by an appropriate method listed in rule 3701:1-44-05 of the Administrative Code, United States nuclear regulatory commission, or agreement state, all transfers of industrial products or devices to persons for use under the general license in rule 3701:1-44-13 of the Administrative Code. Such report shall identify each general licensee by name and address, an individual by name and/or position who may constitute a point of contact between the department and the general licensee, the type and model number of device transferred, and the quantity of depleted uranium contained in the product or device. The report shall be submitted within thirty days after the end of each calendar quarter in which such a product or device is transferred to the generally licensed person. If no transfers have been made to persons generally licensed under rule 3701:1-44-13 of the Administrative Code during the reporting period, the report shall so indicate.

(F) Keep records showing the name, address, and a point of contact for each general license to whom the person transfers depleted uranium in industrial products or devices for use pursuant to the general license provided in rule 3701:1-44-13 of the Administrative Code or equivalent regulations of the United States nuclear regulatory commission or agreement state. The records must be retained for three years from the date of transfer and must show the date of each transfer, the quantity of depleted uranium in each product or device transferred, and compliance with the report requirements of this section.

Effective: 02/06/2006
R.C. 119.032 review dates: 02/01/2011
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04

3701:1-44-18 Financial assurance and recordkeeping for decommissioning.

Except for licenses authorizing the receipt, possession, and use of source material for uranium or thorium milling, or byproduct material at sites formerly associated with such milling, for which financial assurance requirements are set forth in the appendix to rule 3701:1-44-14 of the Administrative Code, criteria for providing financial assurance for decommissioning are as follows:

(A) Each applicant for a specific license authorizing the possession and use of more than 3.7 gigabecquerels (one hundred millicuries) of source material in a readily dispersible form shall submit a decommissioning funding plan as described in paragraph (D) of this rule.

(B) Each applicant for a specific license authorizing possession and use of quantities of source material greater than 0.37 gigabecquerels (ten millicuries) but less than or equal to 3.7 gigabecquerels (one hundred millicuries) in a readily dispersible form 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 of two hundred twenty-five thousand dollars using one of the methods described in paragraph (E) of this rule. For an applicant, this certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued but before the receipt of licensed material. If the applicant defers execution of the financial instrument until after the license has been issued, a signed original of the financial instrument obtained to satisfy the requirements of paragraph (E) of this rule must be submitted to the director prior to receipt of licensed material. If the applicant does not defer execution of the financial instrument, the applicant shall submit to the director , as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of paragraph (E) of this rule.

(C)

(1) Each holder of a specific license issued on or after July 27, 1990, which is covered by paragraph (A) or (B) of this rule, shall provide financial assurance for decommissioning in accordance with the criteria set forth in this rule.

(2) Each holder of a specific license issued before July 27, 1990, and of a type described in paragraph (A) of this rule shall submit a decommissioning funding plan as described in paragraph (D) of this rule or a certification of financial assurance for decommissioning in an amount at least equal to one million one hundred twenty-five thousand dollars in accordance with the criteria set forth in this rule. If the licensee submits the certification of financial assurance rather than a decommissioning funding plan, the licensee shall include a decommissioning funding plan in any application for license renewal.

(3) Each holder of a specific license issued before July 27, 1990, and of a type described in paragraph (B) of this rule shall submit a decommissioning funding plan, as described in paragraph (D) of this rule, or a certification of financial assurance for decommissioning in accordance with the criteria set forth in this rule.

(4) Any licensee who has submitted an application for renewal of license in accordance with rule 3701:1-38-02 of the Administrative Code shall provide financial assurance for decommissioning in accordance with paragraphs (A) and (B) of this rule.

(D)

(1) Each decommissioning funding plan must be submitted for review and approval and must contain:

(a) A detailed cost estimate for decommissioning, in an amount reflecting:

(i) The cost of an independent contractor to perform all decommissioning activities;

(ii) The cost of meeting the criteria specified in paragraph (B) of rule 3701:1-38-22 of the Administrative Code for unrestricted use, provided that, if the applicant or licensee can demonstrate its ability to meet the provisions of paragraph (D) of rule 3701:1-38-22 of the Administrative Code, the cost estimate may be based on meeting this criteria;

(iii) The volume of onsite subsurface material containing residual radioactivity that will require remediation; and

(iv) An adequate contingency factor.

(b) Identification of and justification for using the key assumptions contained in the decommissioning cost estimate;

(c) A description of the method of assuring funds for decommissioning from paragraph (E) of this rule, including means for adjusting cost estimates and associated funding levels periodically over the life of the facility;

(d) A certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning; and

(e) A signed original of the financial instrument obtained to satisfy the requirements of paragraph (E) of this rule (unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning).

(2) At the time of license renewal and at intervals not to exceed three years, the decommissioning funding plan must be resubmitted with adjustments as necessary to account for the changes in costs and the extent of contamination. If the amount of financial assurance will be adjusted downward, this cannot be done until the updated decommissioning funding plan is approved. The decommissioning funding plan must update the information submitted with the original or prior approved plan, and must specifically consider the effect of the following events on decommissioning costs:

(a) Spills of radioactive material producing additional residual radioactivity in onsite subsurface material;

(b) Waste inventory increasing above the amount previously estimated;

(c) Waste disposal costs increasing above the amount previously estimated;

(d) Facility modifications;

(e) Changes in authorized possession limits;

(f) Actual remediation costs that exceed the previous cost estimate;

(g) Onsite disposal; and

(h) Use of a settling pond.

(E) Financial assurance for decommissioning must be provided by one or more of the following methods:

(1) Prepayment is the deposit prior to the start of operation into an account segregated from licensee assets and outside the licensee's administrative control of cash or liquid assets such that the amount of funds would 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) A surety method, insurance, or other guarantee method. These methods guarantee 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 parent company guarantee of funds for decommissioning costs based on a financial test may be used if the guarantee and test are as contained in appendix B to rule 3701:1-40-17 of the Administrative Code. A parent company guarantee may not be used in combination with other financial methods to satisfy the requirements of this rule. 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 if the guarantee and test are as contained in appendix C to rule 3701:1-40-17 of the Administrative Code. For commercial companies that do not issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs may be used if the guarantee and test are as contained in appendix D to rule 3701:1-40-17 of the Administrative Code. For nonprofit entities, such as colleges, universities, and nonprofit hospitals, a guarantee of funds by the applicant or licensee may be used if the guarantee and test are as contained in appendix E to rule 3701:1-40-17 of the Administrative Code. 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 rule or in any situation where the applicant or licensee has a parent company holding majority control of the voting stock of the company. Any surety method or insurance used to provide financial assurance for decommissioning must contain the following conditions:

(a) 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.

(b) 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.

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

(3) 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 provision must be as stated in paragraph (E)(2) of this rule.

(4) In the case of federal, state, or local government licensees, a statement of intent containing a cost estimate for decommissioning or an amount based on paragraph (B) of this rule, and indicating that funds for decommissioning will be obtained when necessary.

(5) When a government entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable by such government entity.

(F) Each person licensed under Chapter 3701:1-44 of the Administrative 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 3701:1-44-19 of the Administrative Code licensees shall transfer all records described in this paragraph to the new licensee. In this case, the new licensee 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. Information the director considers important to decommissioning consists of:

(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 nuclides, quantities, forms, and concentrations.

(2) As-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used and/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 for areas containing depleted uranium used only for shielding or as penetrators in unused munitions, a list contained in a single document and updated every two years, of the following:

(a) All areas designated and formerly designated as 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 (F)(1) of this rule;

(c) All areas outside of restricted areas where current and previous wastes have been buried as documented under paragraph (K) of 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 paragraph (C) of 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.

Effective: 11/22/2013
R.C. 119.032 review dates: 09/03/2013 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-19 Terms and conditions of licenses.

(A) Each license issued pursuant to the rules in Chapter 3701:1-44 of the Administrative Code shall be subject to all the provisions of Chapter 3748. of the Revised Code and the rules adopted thereunder, now or hereafter in effect, and to all rules, requirements, and orders of the department.

(B) Neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of Chapter 3748. of the Revised Code and the rules adopted thereunder.

(C) Each person licensed by the department pursuant to the rules in Chapter 3701:1-44 of the Administrative Code shall confine his possession and use of source or byproduct material to the locations and purposes authorized in the license. Except as otherwise provided in the license, a license issued pursuant to the rules in Chapter 3701:1-44 of the Administrative Code shall carry with it the right to receive, possess, and use source or byproduct material. Preparation for shipment and transport of source or byproduct material shall be in accordance with the provisions of Chapter 3701:1-50 of the Administrative Code.

(D) The department may incorporate in any license at the time of issuance, or thereafter, by appropriate rule, regulation or order, such additional requirements and conditions with respect to the licensee's receipt, possession, use, and transfer of source or byproduct material as it deems appropriate or necessary in order to:

(1) Protect health or to minimize danger to life or property; and

(2) Require such reports and the keeping of such records, and to provide for such inspections of activities under the license as may be necessary or appropriate to effectuate the purposes of Chapter 3748. of the Revised Code and the rules adopted thereunder.

(E)

(1) Each licensee shall notify the department, in writing, within ten days following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of title 11 (bankruptcy) of the United States Code by or against:

(a) The licensee;

(b) An entity (as that term is defined in 11 U.S.C. 101(14) ) controlling the licensee or listing the license or licensee as property of the estate; or

(c) An affiliate (as that term is defined in 11 U.S.C. 101(2) ) of the licensee.

(2) This notification must indicate:

(a) The bankruptcy court in which the petition for bankruptcy was filed; and

(b) The date of the filing of the petition.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-20 Expiration and termination of licenses and 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 not less than ninety days before the expiration date stated in the existing license. If an application for renewal has been filed at least ninety days before the expiration date stated in the existing license, the existing license expires at the end of the day on which the department makes a final determination to deny the renewal application or, if the determination states an expiration date, the expiration date stated in the determination.

(B) Each specific license revoked by the department expires at the end of the day on the date of the department's final determination to revoke the license, or on the expiration date stated in the determination, or as otherwise provided by department order.

(C) Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of source material until the department notifies the licensee in writing that the license is terminated. During this time, the licensee shall:

(1) Limit actions involving source material to those related to decommissioning; and

(2) Continue to control entry to restricted areas until they are suitable for release in accordance with department requirements;

(D) Within sixty days of the occurrence of any of the following, consistent with the administrative directions in rule 3701:1-44-05 of the Administrative Code, each licensee shall provide notification to the department in writing and either begin decommissioning its site, or any separate building or outdoor area that contains residual radioactivity, so that the building or outdoor area is suitable for release in accordance with department requirements, or submit within twelve months of notification a decommissioning plan, if required by paragraph (G)(1) of this rule, and begin decommissioning upon approval of that plan if:

(1) The license has expired pursuant to paragraph (A) or (B) of this rule; or

(2) The licensee has decided to permanently cease principal activities, as defined in this chapter, at the entire site or in any separate building or outdoor area; or

(3) No principal activities under the license have been conducted for a period of twenty-four months; or

(4) No principal activities have been conducted for a period of twenty-four months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with department requirements.

(E) Coincident with the notification required by paragraph (D) of this rule, the licensee shall maintain in effect all decommissioning financial assurances established by the licensee pursuant to rule 3701:1-44-18 of the Administrative Code in conjunction with a license issuance or renewal or as required by this section. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to cover the detailed cost estimate for decommissioning established pursuant to paragraph (G)(4)(e) of this rule.

(1) Any licensee who has not provided financial assurance to cover the detailed cost estimate submitted with the decommissioning plan shall do so when this rule becomes effective.

(2) Following approval of the decommissioning plan, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site with the approval of the department.

(F) The department may grant a request to delay or postpone initiation of the decommissioning process if the department determines that such relief is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted no later than thirty days before notification pursuant to paragraph (D) of this rule. The schedule for decommissioning set forth in paragraph (D) of this rule may not commence until the department has made a determination on the request.

(G)

(1) A decommissioning plan must be submitted if required by license condition or if the procedures and activities necessary to carry out decommissioning of the site or separate building or outdoor area have not been previously approved by the department and these procedures could increase potential health and safety impacts to workers or to the public, such as in any of the following cases:

(a) 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) Procedures could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or

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

(2) The department may approve an alternate schedule for submittal of a decommissioning plan required pursuant to paragraph (D) of this rule if the department determines that the alternative schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from radiation to the public health and safety and is otherwise in the public interest.

(3) The procedures listed in paragraph (G)(1) of this rule may not be carried out prior to approval of the decommissioning plan.

(4) The proposed decommissioning plan for the site or separate building or outdoor area must include:

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

(b) A description of planned decommissioning activities;

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

(d) A description of the planned final radiation survey; and

(e) 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.

(f) For decommissioning plans calling for completion of decommissioning later than twenty-four months after plan approval, a justification for the delay based on the criteria in paragraph (I) of this rule.

(5) The proposed decommissioning plan will be approved by the department if the information therein demonstrates 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.

(H)

(1) Except as provided in paragraph (I) of this rule, licensees shall 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.

(2) Except as provided in paragraph (I) of this rule, when decommissioning involves the entire site, the licensee shall request license termination as soon as practicable but no later than twenty-four months following the initiation of decommissioning.

(I) The department may approve a request for an alternate schedule for completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate, if the department determines that the alternative is warranted by consideration of the following:

(1) Whether it is technically feasible to complete decommissioning within the allotted twenty-four month period;

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

(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) Other site-specific factors which the department may consider appropriate on a case-by-case basis, 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.

(J) As the final step in decommissioning, the licensee shall:

(1) Certify the disposition of all licensed material, including accumulated wastes, by submitting a completed form HEA 5116 or equivalent information; 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 in rule 3701:1-38-22 of the Administrative Code or, for uranium milling(uranium and thorium recovery) facilities, criterion 6(6) in the appendix to rule 3701:1-44-14 of the Administrative Code. The licensee shall, as appropriate:

(a) Report levels of gamma radiation in units of millisieverts (microroentgen) per hour at one meter from surfaces, and report levels of 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) Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.

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

(1) Source material has been properly disposed;

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

(3)

(a) A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with the criteria for decommissioning in rule 3701:1-38-22 of the Administrative Code or, for(uranium and thorium recovery) facilities, criterion 6(6) in the appendix to rule 3701:1-44-14 of the Administrative Code; or

(b) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with the criteria for decommissioning in rule 3701:1-38-22 of the Administrative Code or, for uranium milling(uranium and thorium recovery) facilities, criterion 6(6) in the appendix to rule 3701:1-44-14 of the Administrative Code.

(4) Records required by paragraphs (D) and (F) of rule 3701:1-44-23 of the Administrative Code have been received.

(L) Specific licenses for uranium and thorium milling are exempt from paragraphs (D)(4), (G) and (H) of this rule with respect to reclamation of tailings impoundments and/or waste disposal areas.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-21 Transfer of source or byproduct material.

(A) No licensee shall transfer source or byproduct material except as authorized pursuant to this rule.

(B) Except as otherwise provided in his license and subject to the provisions of paragraphs (C) and (D) of this rule, any licensee may transfer source or byproduct material:

(1) To the United States department of energy;

(2) To the agency in any agreement state which regulates radioactive materials pursuant to an agreement with the United States nuclear regulatory commission or the atomic energy commission under section 274 of the Act;

(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 exemptions;

(5) To any person authorized to receive such source or byproduct material under terms of a specific license or a general license or their equivalents issued by the state of Ohio, the United States nuclear regulatory commission or an agreement state; or

(6) As otherwise authorized by the department in writing.

(C) Before transferring source or byproduct material to a specific licensee of the state of Ohio, United States nuclear regulatory commission or an agreement state or to a general licensee who is required to submit form HEA 5115 or the equivalent, with the department, United States nuclear regulatory commission or with an agreement state prior to receipt of the source or byproduct material, the licensee transferring the material shall verify that the transferee's license authorizes receipt of the type, form, and quantity of source or byproduct material to be transferred.

(D) The following methods for the verification required by paragraph (C) of this rule are acceptable:

(1) The transferor may have in his possession, and read, a current copy of the transferee's specific license or form HEA 5115 or equivalent;

(2) The transferor may have in his possession a written certification by the transferee that he is authorized by license or form HEA 5115 or equivalent to receive the type, form, and quantity of source or byproduct material to be transferred, specifying the license or form HEA 5115 number, issuing agency and expiration date;

(3) For emergency shipments the transferor may accept oral certification by the transferee that the transferee is authorized by license or form HEA 5115 to receive the type, form, and quantity of source or byproduct material to be transferred, specifying the license or form HEA 5115 number, issuing agency and expiration date, provided that the oral certification is confirmed in writing within ten days;

(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 licensees and the scope and expiration dates of licenses and form HEA 5115; or

(5) When none of the methods of verification described in paragraphs (D)(1) to (D)(4) of this rule are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the department, United States nuclear regulatory commission or the licensing agency of an agreement state that the transferee is licensed to receive the source or byproduct material.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-22 Reporting requirements.

(A) 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 actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits or releases of licensed material that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.).

(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:

(a) Requires 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) Involves a quantity of material greater than five times the lowest annual limit on intake specified in appendix C to rule 3701:1-38-12 of the Administrative Code for the material; and

(c) Has 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 rule or license condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials 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

(c) No redundant equipment is available and operable to perform the required safety function.

(3) An event that requires unplanned medical treatment at a medical facility 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 appendix C to rule 3701:1-38-12 of the Administrative Code for the material; and

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

(C) Reports made by licensees in response to the requirements of this rule must be made as follows:

(1) Licensees shall make reports required by paragraphs (A) and (B) of this rule by telephone to the department. 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;

(c) The exact location of the event;

(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 rules may be submitted to fulfill this requirement if the reports contain all of the necessary information and the appropriate distribution is made. These written reports must be sent to the department by an appropriate method listed in rule 3701:1-44-05 of the Administrative Code. The reports 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;

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

(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.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-23 Records.

(A) Each person who receives source or byproduct material pursuant to a license issued pursuant to the rules under Chapter 3701:1-44 of the Administrative Code shall keep records showing the receipt, transfer, and disposal of this source or byproduct material as follows:

(1) The licensee shall retain each record of receipt of source or byproduct material as long as the material is possessed and for three years following transfer or disposition of the source or byproduct material.

(2) The licensee who transferred the material shall retain each record of transfer of source or byproduct material until the department terminates each license that authorizes the activity that is subject to the recordkeeping requirement.

(3) The licensee shall retain each record of disposal of source or byproduct material until the department terminates each license that authorizes the activity that is subject to the recordkeeping requirement.

(4) If source or byproduct material is combined or mixed with other licensed material and subsequently treated in a manner that makes direct correlation of a receipt record with a transfer, export, or disposition record impossible, the licensee may use evaluative techniques (such as first-in-first-out), to make the records that are required by Chapter 3701:1-44 of the Administrative Code account for one hundred per cent of the material received.

(B) The licensee shall retain each record that is required by the rules in Chapter 3701:1-44 of the Administrative Code or by license condition for the period specified by the appropriate rule or license condition. If a retention period is not otherwise specified by rule or license condition, each record must be maintained until the department terminates the license that authorizes the activity that is subject to the recordkeeping requirement.

(C)

(1) Records which must be maintained pursuant to Chapter 3701:1-44 of the Administrative Code may be the original or reproduced copy or microform if the reproduced 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 Chapter 3748. of the Revised Code and rules promulgated thereunder. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

(2) If there is a conflict between the rules in Chapter 3701:1-44 of the Administrative Code, license condition, or other written department approval or authorization pertaining to the retention period for the same type of record, the retention period specified in the rules in Chapter 3701:1-44 of the Administrative Code for such records shall apply unless the department, pursuant to rule 3701:1-44-10 of the Administrative Code, has granted a specific exemption from the record retention requirements specified in the rules in Chapter 3701:1-44 of the Administrative Code.

(D) Prior to license termination, each licensee authorized to possess source material, in an unsealed form, shall forward the following records to the department:

(1) Records of disposal of licensed material made under paragraphs (C) (including burials authorized before January 28, 1981), (D), (F), and (G) of rule 3701:1-38-19 of the Administrative Code; and

(2) Records required by paragraph (D)(4) of rule 3701:1-38-20 of the Administrative Code.

(E) If licensed activities are transferred or assigned in accordance with paragraph (B) of rule 3701:1-44-19 of the Administrative Code, each licensee authorized to possess source material, 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 paragraphs (C) (including burials authorized before January 28, 1981), (D), (F), and (G) of rule 3701:1-38-19 of the Administrative Code; and

(2) Records required by paragraph (D)(4) of rule 3701:1-38-20 of the Administrative Code.

(F) Prior to license termination, each licensee shall forward the records required by paragraph (F) of rule 3701:1-44-18 of the Administrative Code to the department.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-24 Effluent monitoring reporting requirements.

Each licensee authorized to possess and use source material in uranium milling shall, within sixty days after January 1 and July 1 of each year, submit a report to the department using an appropriate method listed in rule 3701:1-44-05 of the Administrative Code. The report must specify the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous six months of operation, and such other information as the department may require to estimate maximum potential annual radiation doses to the public resulting from effluent releases. If quantities of radioactive materials released during the reporting period are significantly above the licensee's design objectives previously reviewed as part of the licensing action, the report shall cover this specifically. On the basis of such reports and any additional information the department may obtain from the licensee or others, the department may from time to time require the licensee to take such action as the department deems appropriate.

R.C. 119.032 review dates: 08/30/2010 and 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006

3701:1-44-25 Inalienability of licenses.

(A) No license issued or granted pursuant to the rules in Chapter 3701:1-44 of the Administrative Code shall 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 shall after securing full information, find that the transfer is in accordance with the provisions of Chapter 3748. of the Revised Code and rules promulgated thereunder, and shall give his consent in writing.

(B) An application for transfer of a license must include:

(1) The identity, technical and financial qualifications of the proposed transferee; and

(2) Financial assurance for decommissioning information required by rule 3701:1-44-18 of the Administrative Code.

Replaces: 3701:1-44-25

Effective: 11/22/2013
R.C. 119.032 review dates: 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 2/6/2006