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Ohio Laws and Rules
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.
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
(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.
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
(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.
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
(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.
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
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:
“Ohio Department of Health
246 North High Street
Bureau of Radiation Protection / 7th Floor / 35 Bldg.
Post Office Box 118
Columbus, Ohio 43216-0118.”
Documents pertaining to license application may be hand-delivered to the following address:
“Ohio Department of Health
35 East Chestnut Street
Columbus, Ohio 43215.”
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
(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.
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
(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.
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
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.
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
(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.
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
(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.
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
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.
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
(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.
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
(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.
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
(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 department may be incorporated by reference provided that the reference is clear and specific.
(B) The department 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 department 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 department 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 department 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.
APPENDIX
CRITERIA RELATING TO THE OPERATION OF URANIUM MILLS AND THE DISPOSITION OF TAILINGS OR WASTES PRODUCED BY THE EXTRACTION OR CONCENTRATION OF SOURCE MATERIAL FROM ORES PROCESSED PRIMARILY FOR THEIR SOURCE MATERIAL CONTENT.
Every applicant for a license to possess and use source material in conjunction with uranium or thorium milling, or byproduct material at sites formerly associated with such milling, is required by the provisions of paragraph (F) of rule 3701:1-44-14 of the Admnistrative Code to include in a license application proposed specifications relating to milling operations and the disposition of tailings or wastes resulting from such milling activities. This appendix establishes technical, financial, ownership, and long-term site surveillance criteria relating to the siting, operation, decontamination, decommissioning, and reclamation of mills and tailings or waste systems and sites at which such mills and systems are located. As used in this appendix, the term “as low as is reasonably achievable” has the same meaning as in rule 3701:1-38-01 of the Administrative Code.
In many cases, flexibility is provided in the criteria to allow achieving an optimum tailings disposal program on a site-specific basis. However, in such cases the objectives, technical alternatives and concerns which must be taken into account in developing a tailings program are identified. As provided by the provisions of paragraph (F) of rule 3701:1-44-14 of the Administrative Code, applications for licenses must clearly demonstrate how the criteria have been addressed.
The specifications must be developed considering the expected full capacity of tailings or waste systems and the lifetime of mill operations. Where later expansions of systems or operations may be likely (for example, where large quantities of ore now marginally uneconomical may be stockpiled), the amenability of the disposal system to accommodate increased capacities without degradation in long-term stability and other performance factors must be evaluated.
Licensees or applicants may propose alternatives to the specific requirements in this appendix. The alternative proposals may take into account local or regional conditions, including geology, topography, hydrology, and meteorology. The department may find that the proposed alternatives meet the department’s requirements if the alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with the sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by the requirements of this appendix and the standards promulgated by the United States environmental protection agency in 40 C.F.R. 192, subparts D and E.
All site specific licensing decisions based on the criteria in this appendix or alternatives proposed by licensees or applicants will take into account the risk to the public health and safety and the environment with due consideration to the economic costs involved and any other factors the department determines to be appropriate. In implementing this appendix, the department will consider “practicable” and “reasonably achievable” as equivalent terms. Decisions involved these terms will take into account the state of technology and the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, and in relation to the utilization of atomic energy in the public interest.
The following definitions apply to the specified terms as used in this appendix:
“Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs. Any saturated zone created by uranium or thorium recovery operations would not be considered an aquifer unless the zone is or potentially is (1) hydraulically interconnected to a natural aquifer, (2) capable of discharge to surface water, or (3) reasonably accessible because of migration beyond the vertical projection of the boundary of the land transferred for long-term government ownership and care in accordance with Criterion 11 in the appendix to 10 C.F.R. 40.
“As expeditiously as practicable considering technological feasibility,” for the purposes of Criterion 6A, means as quickly as possible considering: the physical characteristics of the tailings and the site; the limits of available technology; the need for consistency with mandatory requirements of other regulatory programs; and factors beyond the control of the licensee. The phrase permits consideration of the cost of compliance only to the extent specifically provided for by use of the term available technology.
“Available technology” means technologies and methods for emplacing a final radon barrier on uranium mill tailings piles or impoundments. This term shall not be construed to include extraordinary measures or techniques that would impose costs that are grossly excessive as measured by practice within the industry (or one that is reasonably analogous), (such as, by way of illustration only, unreasonable overtime, staffing, or transportation requirements, etc., considering normal practice in the industry; laser fusion of soils, etc.), provided there is reasonable progress toward emplacement of the final radon barrier. To determine grossly excessive costs, the relevant baseline against which cost shall be compared is the cost estimate for tailings impoundment closure contained in the licensee’s approved reclamation plan, but costs beyond these estimates shall not automatically be considered grossly excessive.
A “capable fault” is a fault which has exhibited one or more of the following characteristics:
(1) Movement at or near the ground surface at least once within the past thirtyfive thousand years or movement of a recurring nature within the past five hundred thousand years.
(2) Macro-seismicity instrumentally determined with records of sufficient precision to demonstrate a direct relationship with the fault.
(3) A structural relationship to a capable fault according to characteristics (1) or (2) of this paragraph such that movement on one could be reasonably expected to be accompanied by movement on the other.
In some cases, the geologic evidence of past activity at or near the ground surface along a particular fault may be obscured at a particular site. This might occur, for example, at a site having a deep overburden. For these cases, evidence may exist elsewhere along the fault from which an evaluation of its characteristics in the vicinity of the site can be reasonably based. Such evidence shall be used in determining whether the fault is a capable fault within this definition.
Notwithstanding the foregoing characteristics (1), (2) and (3), structural association of a fault with geologic structural features which are geologically old (at least pre-Quaternary) such as many of those found in the eastern region of the United States shall, in the absence of conflicting evidence, demonstrate that the fault is not a capable fault within this definition.
“Closure” means the activities following operations to decontaminate and decommission the buildings and site used to produce byproduct materials and reclaim the tailings and/or waste disposal area.
“Closure plan” means the department approved plan to accomplish closure.
“Compliance period” begins when the department sets secondary ground-water protection standards and ends when the owner or operator’s license is terminated and the site is transferred to the state or federal agency for long-term care.
“Dike” means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids or other materials.
“Disposal area” means the area containing byproduct materials to which the requirements of Criterion 6 apply.
“Existing portion” means that land surface area of an existing surface impoundment on which significant quantities of uranium or thorium byproduct materials had been placed prior to September 30, 1983.
“Factors beyond the control of the licensee” means factors proximately causing delay in meeting the schedule in the applicable reclamation plan for the timely emplacement of the final radon barrier notwithstanding the good faith efforts of the licensee to complete the barrier in compliance with paragraph (1) of Criterion 6A. These factors may include, but are not limited to:
(1) Physical conditions at the site;
(2) Inclement weather or climatic conditions;
(3) An act of God;
(4) An act of war;
(5) A judicial or administrative order or decision, or change to the statutory, regulatory, or other legal requirements applicable to the licensee’s facility that would preclude or delay the performance of activities required for compliance;
(6) Labor disturbances;
(7) Any modifications, cessation or delay ordered by state, federal, or local agencies;
(8) Delays beyond the time reasonably required in obtaining necessary government permits, licenses, approvals, or consent for activities described in the reclamation plan proposed by the licensee that result from agency failure to take final action after the licensee has made a good faith, timely effort to submit legally sufficient applications, responses to requests (including relevant data requested by the agencies), or other information, including approval of the reclamation plan; and
(9) An act or omission of any third party over whom the licensee has no control.
“Final radon barrier” means the earthen cover (or approved alternative cover) over tailings or waste constructed to comply with Criterion 6 of this appendix (excluding erosion protection features).
“Ground water” means water below the land surface in a zone of saturation. For purposes of this appendix, ground water is the water contained within an aquifer as defined above.
“Leachate” means any liquid, including any suspended or dissolved components in the liquid that has percolated through or drained from the byproduct material.
“Licensed site” means the area contained within the boundary of a location under the control of persons generating or storing byproduct materials under a department license.
“Liner” means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment which restricts the downward or lateral escape of byproduct material, hazardous constituents, or leachate.
“Milestone” means an action or event that is required to occur by an enforceable date.
“Operation” means that a uranium or thorium mill tailings pile or impoundment is being used for the continued placement of byproduct material or is in standby status for such placement. A pile or impoundment is in operation from the day that byproduct material is first placed in the pile or impoundment until the day final closure begins.
“Point of compliance” is the site specific location in the uppermost aquifer where the ground-water protection standard must be met.
“Reclamation plan,” for the purposes of Criterion 6A, means the plan detailing activities to accomplish reclamation of the tailings or waste disposal area in accordance with the technical criteria of this appendix. The reclamation plan must include a schedule for reclamation milestones that are key to the completion of the final radon barrier including as appropriate, but not limited to, wind blown tailings retrieval and placement on the pile, interim stabilization (including dewatering or the removal of freestanding liquids and recontouring), and final radon barrier construction. (Reclamation of tailings must also be addressed in the closure plan; the detailed reclamation plan may be incorporated into the closure plan.)
“Surface impoundment” means a natural topographic depression, man-made excavation, or diked area, which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well.
“Uppermost aquifer” means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility’s property boundary.
I. Technical Criteria
Criterion 1 The general goal or broad objective in siting and design decisions is permanent isolation of tailings and associated contaminants by minimizing disturbance and dispersion by natural forces, and to do so without ongoing maintenance. For practical reasons, specific siting decisions and design standards must involve finite times (e.g., the longevity design standard in
Criterion 6). The following site features which will contribute to such a goal or objective must be considered in selecting among alternative tailings disposal sites or judging the adequacy of existing tailings sites:
— Remoteness from populated areas;
— Hydrologic and other natural conditions as they contribute to continued immobilization and isolation of contaminants from ground-water sources; and
— Potential for minimizing erosion, disturbance, and dispersion by natural forces over the long term.
The site selection process must be an optimization to the maximum extent reasonably achievable in terms of these features.
In the selection of disposal sites, primary emphasis must be given to isolation of tailings or wastes, a matter having long-term impacts, as opposed to consideration only of short-term convenience or benefits, such as minimization of transportation or land acquisition costs. While isolation of tailings will be a function of both site and engineering design, overriding consideration must be given to siting features given the long-term nature of the tailings hazards.
Tailings should be disposed of in a manner that no active maintenance is required to preserve conditions of the site.
Criterion 2 To avoid proliferation of small waste disposal sites and thereby reduce perpetual surveillance obligations, byproduct material from in situ extraction operations, such as residues from solution evaporation or contaminated control processes, and wastes from small remote above ground extraction operations must be disposed of at existing large mill tailings disposal sites; unless, considering the nature of the wastes, such as their volume and specific activity, and the costs and environmental impacts of transporting the wastes to a large disposal site, such offsite disposal is demonstrated to be impracticable or the advantages of onsite burial clearly outweigh the benefits of reducing the perpetual surveillance obligations.
Criterion 3 The preferred option for disposal of tailings is placement below grade, either in mines or specially excavated pits (that is, where the need for any specially constructed retention structure is eliminated). The evaluation of alternative sites and disposal methods performed by mill operators in support of their proposed tailings disposal program (provided in applicants’ environmental reports) must reflect serious consideration of this disposal mode. In some instances, below grade disposal may not be the most environmentally sound approach, such as might be the case if a ground-water formation is relatively close to the surface or not very well isolated by overlying soils and rock. Also, geologic and topographic conditions might make full below grade burial impracticable: For example, bedrock may be sufficiently near the surface that blasting would be required to excavate a disposal pit at excessive cost, and more suitable alternative sites are not available. Where full below grade burial is not practicable, the size of retention structures, and size and steepness of slopes associated exposed embankments must be minimized by excavation to the maximum extent reasonably achievable or appropriate given the geologic and hydrologic conditions at a site. In these cases, it must be demonstrated that an above grade disposal program will provide reasonably equivalent isolation of the tailings from natural erosional forces.
Criterion 4 The following site and design criteria must be adhered to whether tailings or wastes are disposed of above or below grade.
(a) Upstream rainfall catchment areas must be minimized to decrease erosion potential and the size of the floods which could erode or wash out sections of the tailings disposal area.
(b) Topographic features should provide good wind protection.
(c) Embankment and cover slopes must be relatively flat after final stabilization to minimize erosion potential and to provide conservative factors of safety assuring long-term stability. The broad objective should be to contour final slopes to grades which are as close as possible to those which would be provided if tailings were disposed of below grade; this could, for example, lead to slopes of about ten horizontal to one vertical or less steep. In general, slopes should not be steeper than about five horizontal to one vertical. Where steeper slopes are proposed, reasons why a slope less steep than five horizontal to one vertical would be impracticable should be provided, and compensating factors and conditions which make such slopes acceptable should be identified.
(d) A full self-sustaining vegetative cover must be established or rock cover employed to reduce wind and water erosion to negligible levels.
Where a full vegetative cover is not likely to be self-sustaining due to climatic or other conditions, such as in semi-arid and arid regions, rock cover must be employed on slopes of the impoundment system. The department will consider relaxing this requirement for extremely gentle slopes such as those which may exist on the top of the pile.
The following factors must be considered in establishing the final rock cover design to avoid displacement of rock particles by human and animal traffic or by natural process, and to preclude undercutting and piping:
— Shape, size, composition, and gradation of rock particles (excepting bedding material average particles size must be at least cobble size or greater);
— Rock cover thickness and zoning of particles by size; and
— Steepness of underlying slopes.
Individual rock fragments must be dense, sound, and resistant to abrasion, and must be free from cracks, seams, and other defects that would tend to unduly increase their destruction by water and frost actions. Weak, friable, or laminated aggregate may not be used.
Rock covering of slopes may be unnecessary where top covers are very thick (or less); bulk cover materials have inherently favorable erosion resistance characteristics; and, there is negligible drainage catchment area upstream of the pile and good wind protection as described in points (a) and (b) of this Criterion.
Furthermore, all impoundment surfaces must be contoured to avoid areas of concentrated surface runoff or abrupt or sharp changes in slope gradient. In addition to rock cover on slopes, areas toward which surface runoff might be directed must be well protected with substantial rock cover (rip rap). In addition to providing for stability of the impoundment system itself, overall stability, erosion potential, and geomorphology of surrounding terrain must be evaluated to assure that there are not ongoing or potential processes, such as gully erosion, which would lead to impoundment instability.
(e) The impoundment may not be located near a capable fault that could cause a maximum credible earthquake larger than that which the impoundment could reasonably be expected to withstand. The term “maximum credible earthquake” means that earthquake which would cause the maximum vibratory ground motion based upon an evaluation of earthquake potential considering the regional and local geology and seismology and specific characteristics of local subsurface material.
(f) The impoundment, where feasible, should be designed to incorporate features which will promote deposition. For example, design features which promote deposition of sediment suspended in any runoff which flows into the impoundment area might be utilized; the object of such a design feature would be to enhance the thickness of cover over time.
Criterion 5 Criteria 5A-5D and Criterion 11 incorporate the basic ground-water protection standards imposed by the United States environmental protection agency in 40 C.F.R. 192, subparts D and E (48 FR 45926; October 7, 1983) which apply during operations and prior to the end of closure. Ground-water monitoring to comply with these standards is required by Criterion 7A.
5A(1) The primary ground-water protection standard is a design standard for surface impoundments used to manage uranium and thorium byproduct material. Unless exempted under paragraph 5A(3) of this Criterion, surface impoundments (except for an existing portion) must have a liner that is designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil, ground water, or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil, ground water, or surface water) during the active life of the facility, provided that impoundment closure includes removal or decontamination of all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate. For impoundments that will be closed with the liner material left in place, the liner must be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility.
5A(2) The liner required by paragraph 5A(1) above must be:
(a) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(b) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(c) Installed to cover all surrounding earth likely to be in contact with the wastes or leachate.
5A(3) The applicant or licensee will be exempted from the requirements of paragraph 5A(1) of this Criterion if the department finds, based on a demonstration by the applicant or licensee, that alternate design and operating practices, including the closure plan, together with site characteristics will prevent the migration of any hazardous constituents into ground water or surface water at any future time. In deciding whether to grant an exemption, the department will consider:
(a) The nature and quantity of the wastes;
(b) The proposed alternate design and operation;
(c) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water; and
(d) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.
5A(4) A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations, overfilling, wind and wave actions, rainfall, or run-on; from malfunctions of level controllers, alarms, and other equipment; and from human error.
5A(5) When dikes are used to form the surface impoundment, the dikes must be designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the impoundment.
5B(1) Uranium and thorium byproduct materials must be managed to conform to the following secondary ground-water protection standard:
Hazardous constituents entering the ground water from a licensed site must not exceed the specified concentration limits in the uppermost aquifer beyond the point of compliance during the compliance period. Hazardous constituents are those constituents identified by the department pursuant to paragraph 5B(2) of this Criterion. Specified concentration limits are those limits established by the department as indicated in paragraph 5B(5) of this Criterion. The department will also establish the point of compliance and compliance period on a site specific basis through license conditions and orders. The objective in selecting the point of compliance is to provide the earliest practicable warning that the impoundment is releasing hazardous constituents to the ground water. The point of compliance must be selected to provide prompt indication of ground-water contamination on the hydraulically downgradient edge of the disposal area. The department shall identify hazardous constituents, establish concentration limits, set the compliance period, and may adjust the point of compliance if needed to accord with developed data and site information as to the flow of ground water or contaminants, when the detection monitoring established under Criterion 7A indicates leakage of hazardous constituents from the disposal area.
5B(2) A constituent becomes a hazardous constituent subject to paragraph 5B(5) only when the constituent meets all three of the following tests:
(a) The constituent is reasonably expected to be in or derived from the byproduct material in the disposal area;
(b) The constituent has been detected in the ground water in the uppermost aquifer; and
(c) The constituent is listed in Criterion 11 of this appendix.
5B(3) Even when constituents meet all three tests in paragraph 5B(2) of this Criterion, the department may exclude a detected constituent from the set of hazardous constituents on a site specific basis if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to exclude constituents, the department will consider the following:
(a) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the licensed site, including its potential for migration;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the direction of ground-water flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;
(vii) The potential for health risks caused by human exposure to waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse effects.
(b) Potential adverse effects on hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical characteristics of the waste in the licensed site;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of ground water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the licensed site to surface waters;
(vi) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;
(vii) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality;
(viii) The potential for health risks caused by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
5B(4) In making any determinations under paragraphs 5B(3) and 5B(6) of this Criterion about the use of ground water in the area around the facility, the department will consider any identification of underground sources of drinking water and exempted aquifers made by the United States environmental protection agency.
5B(5) At the point of compliance, the concentration of a hazardous constituent must not exceed:
(a) The department approved background concentration of that constituent in the ground water;
(b) The respective value given in the table in paragraph 5C if the constituent is listed in the table and if the background level of the constituent is below the value listed; or
(c) An alternate concentration limit established by the department.
5B(6) Conceptually, background concentrations pose no incremental hazards and the drinking water limits in paragraph 5C state acceptable hazards but these two options may not be practically achievable at a specific site. Alternate concentration limits that present no significant hazard may be proposed by licensees for department consideration. Licensees must provide the basis for any proposed limits including consideration of practicable corrective actions that limits are as low as reasonably achievable, and information on the factors the department must consider. The department will establish a site specific alternate concentration limit for a hazardous constituent as provided in paragraph 5B(5) of this Criterion if it finds that the proposed limit is as low as reasonably achievable, after considering practicable corrective actions, and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In making the present and potential hazard finding, the department will consider the following factors:
(a) Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics of the waste in the licensed site including its potential for migration;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the direction of ground-water flow;
(iv) The proximity and withdrawal rates of ground-water users;
(v) The current and future uses of ground water in the area;
(vi) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;
(vii) The potential for health risks caused by human exposure to waste constituents;
(viii) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;
(ix) The persistence and permanence of the potential adverse effects.
(b) Potential adverse effects on hydraulically-connected surface water quality, considering:
(i) The volume and physical and chemical characteristics of the waste in the licensed site;
(ii) The hydrogeological characteristics of the facility and surrounding land;
(iii) The quantity and quality of ground water, and the direction of ground-water flow;
(iv) The patterns of rainfall in the region;
(v) The proximity of the licensed site to surface waters;
(vi) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;
(vii) The existing quality of surface water including other sources of contamination and the cumulative impact on surface water quality;
(viii) The potential for health risks caused by human exposure to waste constituents;
(ix) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and
(x) The persistence and permanence of the potential adverse effects.
5C Maximum Values for Ground-Water Protection
Constituent or Property — Maximum Concentration milligrams per liter:
Arsenic 0.05
Barium 1.0
Cadmium 0.01
Chromium 0.05
Lead 0.05
Mercury 0.002
Selenium 0.01
Silver 0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7 -expoxy-1,4,4a,5, 6,7,8,9a-octahydro-1, 4-endo, endo-5,8-dimethano naphthalene). 0.0002
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer) 0.004
Methoxychlor (1,1,1-Trichloro-2,2-bis (pmethoxyphenylethane) 0.1
Toxaphene (C10 H10 C16, Technical chlorinated camphene, 67-69% chlorine) 0.005
2,4-D (2,4-Dichlorophenoxyacetic acid) 0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid) 0.01
— picocuries per liter:
Combined radium-226 and radium -228 5
Gross alpha — particle activity (excluding radon and uranium when producing uranium byproduct material or radon and thorium when producing thorium byproduct material) 15
5D If the ground-water protection standards established under paragraph 5B(1) of this Criterion are exceeded at a licensed site, a corrective action program must be put into operation as soon as is practicable, and in no event later than eighteen months after the department finds that the standards have been exceeded. The licensee shall submit the proposed corrective action program and supporting rationale for department approval prior to putting the program into operation, unless otherwise directed by the department. The objective of the program is to return hazardous constituent concentration levels in ground water to the concentration limits set as standards. The licensee’s proposed program must address removing the hazardous constituents that have entered the ground water at the point of compliance or treating them in place. The program must also address removing or treating in place any hazardous constituents that exceed concentration limits in ground water between the point of compliance and the downgradient facility property boundary. The licensee shall continue corrective action measures to the extent necessary to achieve and maintain compliance with the groundwater protection standard. The department will determine when the licensee may terminate corrective action measures based on data from the groundwater monitoring program and other information that provide reasonable assurance that the ground-water protection standard will not be exceeded.
5E In developing and conducting ground-water protection programs, applicants and licensees shall also consider the following:
(1) Installation of bottom liners (Where synthetic liners are used, a leakage detection system must be installed immediately below the liner to ensure major failures are detected if they occur. This is in addition to the ground-water monitoring program conducted as provided in Criterion 7. Where clay liners are proposed or relatively thin, in-situ clay soils are to be relied upon for seepage control. Tests must be conducted with representative tailings solutions and clay materials to confirm that no significant deterioration of permeability or stability properties will occur with continuous exposure of clay to tailings solutions. Tests must be run for a sufficient period of time to reveal any effects if they are going to occur (in some cases deterioration has been observed to occur rather rapidly after about nine months of exposure)).
(2) Mill process designs which provide the maximum practicable recycle of solutions and conservation of water to reduce the net input of liquid to the tailings impoundment.
(3) Dewatering of tailings by process devices and/or in-situ drainage systems (At new sites, tailings must be dewatered by a drainage system installed at the bottom of the impoundment to lower the phreatic surface and reduce the driving head of seepage, unless tests show tailings are not amenable to such a system. Where in-situ dewatering is to be conducted, the impoundment bottom must be graded to assure that the drains are at a low point. The drains must be protected by suitable filter materials to assure that drains remain free running. The drainage system must also be adequately sized to assure good drainage).
(4) Neutralization to promote immobilization of hazardous constituents.
5F Where ground-water impacts are occurring at an existing site due to seepage, action must be taken to alleviate conditions that lead to excessive seepage impacts and restore ground-water quality. The specific seepage control and ground-water protection method, or combination of methods, to be used must be worked out on a site-specific basis. Technical specifications must be prepared to control installation of seepage control systems. A quality assurance, testing, and inspection program, which includes supervision by a qualified engineer or scientist, must be established to assure the specifications are met.
5G In support of a tailings disposal system proposal, the applicant/operator shall supply information concerning the following:
(1) The chemical and radioactive characteristics of the waste solutions.
(2) The characteristics of the underlying soil and geologic formations particularly as they will control transport of contaminants and solutions. This includes detailed information concerning extent, thickness, uniformity, shape, and orientation of underlying strata. Hydraulic gradients and conductivities of the various formations must be determined. This information must be gathered from borings and field survey methods taken within the proposed impoundment area and in surrounding areas where contaminants might migrate to ground water. The information gathered on boreholes must include both geologic and geophysical logs in sufficient number and degree of sophistication to allow determining significant discontinuities, fractures, and channeled deposits of high hydraulic conductivity. If field survey methods are used, they should be in addition to and calibrated with borehole logging. Hydrologic parameters such as permeability may not be determined on the basis of laboratory analysis of samples alone; a sufficient amount of field testing (e.g., pump tests) must be conducted to assure actual field properties are adequately understood. Testing must be conducted to allow estimating chemi-sorption attenuation properties of underlying soil and rock.
(3) Location, extent, quality, capacity and current uses of any ground water at and near the site.
5H Steps must be taken during stockpiling of ore to minimize penetration of radionuclides into underlying soils; suitable methods include lining and/or compaction of ore storage areas.
Criterion 6 (1) In disposing of waste byproduct material, licensees shall place an earthen cover (or approved alternative) over tailings or wastes at the end of milling operations and shall close the waste disposal area in accordance with a design1 which provides reasonable assurance of control of radiological hazards to (i) be effective for one thousand years, to the extent reasonably achievable, and, in any case, for at least two hundred years, and (ii) limit releases of radon-222 from uranium byproduct materials, and radon-220 from thorium byproduct materials, to the atmosphere so as not to exceed an average2 release rate of 0.74 becquerels per square meter per second (twenty picocuries per square meter per second) to the extent practicable throughout the effective design life determined pursuant to (1)(i) of this Criterion. In computing required tailings cover thicknesses, moisture in soils in excess of amounts found normally in similar soils in similar circumstances may not be considered. Direct gamma exposure from the tailings or wastes should be reduced to background levels. The effects of any thin synthetic layer may not be taken into account in determining the calculated radon exhalation level. If non-soil materials are proposed as cover materials, it must be demonstrated that these materials will not crack or degrade by differential settlement, weathering, or other mechanism, over long-term intervals.
\1\ In the case of thorium byproduct materials, the standard applies only to design. Monitoring for radon emissions from thorium byproduct materials after installation of an appropriately designed cover is not required.
\2\ This average applies to the entire surface of each disposal area over a period of a least one year, but a period short compared to 100 years. Radon will come from both byproduct materials and from covering materials. Radon emissions from covering materials should be estimated as part of developing a closure plan for each site. The standard, however, applies only to emissions from byproduct materials to the atmosphere.
(2) As soon as reasonably achievable after emplacement of the final cover to limit releases of radon-222 from uranium byproduct material and prior to placement of erosion protection barriers or other features necessary for long-term control of the tailings, the licensee shall verify through appropriate testing and analysis that the design and construction of the final radon barrier is effective in limiting releases of radon-222 to a level not exceeding 0.74 becquerels per square meter per second ( twenty picocuries per square meter per second) averaged over the entire pile or impoundment using the procedures described in 40 C.F.R. 61, appendix B, Method 115, or another method of verification approved by the department as being at least as effective in demonstrating the effectiveness of the final radon barrier.
(3) When phased emplacement of the final radon barrier is included in the applicable reclamation plan, the verification of radon-222 release rates required in paragraph (2) of this Criterion must be conducted for each portion of the pile or impoundment as the final radon barrier for that portion is emplaced.
(4) Within ninety days of the completion of all testing and analysis relevant to the required verification in paragraphs (2) and (3) of this Criterion, the uranium mill licensee shall report to the Commission the results detailing the actions taken to verify that levels of release of radon-222 do not exceed 0.74 becquerels per square meter per second (twenty picocuries per square meter per second) when averaged over the entire pile or impoundment. The licensee shall maintain records until termination of the license documenting the source of input parameters including the results of all measurements on which they are based, the calculations and/or analytical methods used to derive values for input parameters, and the procedure used to determine compliance. These records shall be kept in a form suitable for transfer to the custodial agency at the time of transfer of the site to the United States department of energy or state for long-term care if requested.
(5) Near surface cover materials (i.e., within the top three meters) may not include waste or rock that contains elevated levels of radium; soils used for near surface cover must be essentially the same, as far as radioactivity is concerned, as that of surrounding surface soils. This is to ensure that surface radon exhalation is not significantly above background because of the cover material itself.
(6) The design requirements in this Criterion for longevity and control of radon releases apply to any portion of a licensed and/or disposal site unless such portion contains a concentration of radium in land, averaged over areas of one hundred square meters, which, as a result of byproduct material, does not exceed the background level by more than: (i) 0.185 becquerels per gram ( five picocuries per gram) of radium-226, or, in the case of thorium byproduct material, radium-228, averaged over the first fifteen centimeters below the surface, and (ii) 0.555 becquerels per gram (fifteen picocuries per gram) of radium-226, or, in the case of thorium byproduct material, radium-228, averaged over fifteen cm thick layers more than fifteen cm below the surface.
Byproduct material containing concentrations of radionuclides other than radium in soil, and surface activity on remaining structures, must not result in a total effective dose equivalent exceeding the dose from cleanup of radium contaminated soil to the above standard (benchmark dose), and must be at levels which are as low as is reasonably achievable. If more than one residual radionuclide is present in the same one hundred square meter area, the sum of the ratios for each radionuclide of concentration present to the concentration limit will not exceed “one” (unity). A calculation of the potential peak annual total effective dose equivalent within one thousand years to the average member of the critical group that would result from applying the radium standard (not including radon) on the site must be submitted for approval. The use of decommissioning plans with benchmark doses which exceed one hundred millirem per year, before application of ALARA, requires the approval of the department.
(7) The licensee shall also address the nonradiological hazards associated with the wastes in planning and implementing closure. The licensee shall ensure that disposal areas are closed in a manner that minimizes the need for further maintenance. To the extent necessary to prevent threats to human health and the environment, the licensee shall control, minimize, or eliminate post-closure escape of nonradiological hazardous constituents, leachate, contaminated rainwater, or waste decomposition products to the ground or surface waters or to the atmosphere.
Criterion 6A (1) For impoundments containing uranium byproduct materials, the final radon barrier must be completed as expeditiously as practicable considering technological feasibility after the pile or impoundment ceases operation in accordance with a written, department -approved reclamation plan. (The term as expeditiously as practicable considering technological feasibility as specifically defined in the introduction of this appendix includes factors beyond the control of the licensee.) Deadlines for completion of the final radon barrier and, if applicable, the following interim milestones must be established as a condition of the individual license: windblown tailings retrieval and placement on the pile and interim stabilization (including dewatering or the removal of freestanding liquids and recontouring). The placement of erosion protection barriers or other features necessary for long-term control of the tailings must also be completed in a timely manner in accordance with a written, department -approved reclamation plan.
(2) The department may approve a licensee’s request to extend the time for performance of milestones related to emplacement of the final radon barrier if, after providing an opportunity for public participation, the department finds that the licensee has adequately demonstrated in the manner required in paragraph (2) of Criterion 6 that releases of radon-222 do not exceed an average of 0.74 becquerels per square meter per second (twenty picocuries per square meter per second) . If the delay is approved on the basis that the radon releases do not exceed 0.74 becquerels per square meter per second (twenty picocuries per square meter per second), a verification of radon levels, as required by paragraph (2) of Criterion 6, must be made annually during the period of delay. In addition, once the department has established the date in the reclamation plan for the milestone for completion of the final radon barrier, the department may extend that date based on cost if, after providing an opportunity for public participation, the department finds that the licensee is making good faith efforts to emplace the final radon barrier, the delay is consistent with the definition of available technology, and the radon releases caused by the delay will not result in a significant incremental risk to the public health.
(3) The department may authorize by license amendment, upon licensee request, a portion of the impoundment to accept uranium byproduct material or such materials that are similar in physical, chemical, and radiological characteristics to the uranium mill tailings and associated wastes already in the pile or impoundment, from other sources, during the closure process. No such authorization will be made if it results in a delay or impediment to emplacement of the final radon barrier over the remainder of the impoundment in a manner that will achieve levels of radon-222 releases not exceeding 0.74 becquerels per square meter per second (twenty picocuries per square meter per second) averaged over the entire impoundment. The verification required in paragraph (2) of Criterion 6 may be completed with a portion of the impoundment being used for further disposal if the department makes a final finding that the impoundment will continue to achieve a level of radon-222 releases not exceeding 0.74 becquerels per square meter per second (twenty picocuries per square meter per second) averaged over the entire impoundment. In this case, after the final radon barrier is complete except for the continuing disposal area, (a) only byproduct material will be authorized for disposal, (b) the disposal will be limited to the specified existing disposal area, and (c) this authorization will only be made after providing opportunity for public participation. Reclamation of the disposal area, as appropriate, must be completed in a timely manner after disposal operations cease in accordance with paragraph (1) of Criterion 6; however, these actions are not required to be complete as part of meeting the deadline for final radon barrier construction.
Criterion 7 At least one full year prior to any major site construction, a preoperational monitoring program must be conducted to provide complete baseline data on a milling site and its environs. Throughout the construction and operating phases of the mill, an operational monitoring program must be conducted to measure or evaluate compliance with applicable standards and regulations; to evaluate performance of control systems and procedures; to evaluate environmental impacts of operation; and to detect potential long-term effects.
Criterion 7A The licensee shall establish a detection monitoring program needed for the department to set the site-specific ground-water protection standards in paragraph 5B(1) of this appendix. For all monitoring under this paragraph the licensee or applicant will propose for department approval as license conditions which constituents are to be monitored on a site specific basis. A detection monitoring program has two purposes. The initial purpose of the program is to detect leakage of hazardous constituents from the disposal area so that the need to set ground-water protection standards is monitored. If leakage is detected, the second purpose of the program is to generate data and information needed for the department to establish the standards under Criterion 5B. The data and information must provide a sufficient basis to identify those hazardous constituents which require concentration limit standards and to enable the department to set the limits for those constituents and the compliance period. They may also need to provide the basis for adjustments to the point of compliance. The detection monitoring programs must be in place when specified by the department in orders or license conditions. Once ground-water protection standards have been established pursuant to paragraph 5B(1), the licensee shall establish and implement a compliance monitoring program.
The purpose of the compliance monitoring program is to determine that the hazardous constituent concentrations in ground water continue to comply with the standards set by the department. In conjunction with a corrective action program, the licensee shall establish and implement a corrective action monitoring program. The purpose of the corrective action monitoring program is to demonstrate the effectiveness of the corrective actions. Any monitoring program required by this paragraph may be based on existing monitoring programs to the extent the existing programs can meet the stated objective for the program.
Criterion 8 Milling operations must be conducted so that all airborne effluent releases are reduced to levels as low as is reasonably achievable. The primary means of accomplishing this must be by means of emission controls. Institutional controls, such as extending the site boundary and exclusion area, may be employed to ensure that offsite exposure limits are met, but only after all practicable measures have been taken to control emissions at the source. Notwithstanding the existence of individual dose standards, strict control of emissions is necessary to assure that population exposures are reduced to the maximum extent reasonably achievable and to avoid site contamination. The greatest potential sources of offsite radiation exposure (aside from radon exposure) are dusting from dry surfaces of the tailings disposal area not covered by tailings solution and emissions from yellowcake drying and packaging operations. During operations and prior to closure, radiation doses from radon emissions from surface impoundments of uranium or thorium byproduct materials must be kept as low as is reasonably achievable.
Checks must be made and logged hourly of all parameters (e.g., differential pressures and scrubber water flow rates) that determine the efficiency of yellowcake stack emission control equipment operation. The licensee shall retain each log as a record for three years after the last entry in the log is made. It must be determined whether or not conditions are within a range prescribed to ensure that the equipment is operating consistently near peak efficiency; corrective action must be taken when performance is outside of prescribed ranges. Effluent control devices must be operative at all times during drying and packaging operations and whenever air is exhausting from the yellowcake stack. Drying and packaging operations must terminate when controls are inoperative. When checks indicate the equipment is not operating within the range prescribed for peak efficiency, actions must be taken to restore parameters to the prescribed range. When this cannot be done without shutdown and repairs, drying and packaging operations must cease as soon as practicable. Operations may not be restarted after cessation due to off-normal performance until needed corrective actions have been identified and implemented. All these cessations, corrective actions, and restarts must be reported to the department as indicated in Criterion 8A, in writing, within ten days of the subsequent restart.
To control dusting from tailings, that portion not covered by standing liquids must be wetted or chemically stabilized to prevent or minimize blowing and dusting to the maximum extent reasonably achievable. This requirement may be relaxed if tailings are effectively sheltered from wind, such as may be the case where they are disposed of below grade and the tailings surface is not exposed to wind. Consideration must be given in planning tailings disposal programs to methods which would allow phased covering and reclamation of tailings impoundments because this will help in controlling particulate and radon emissions during operation. To control dusting from diffuse sources, such as tailings and ore pads where automatic controls do not apply, operators shall develop written operating procedures specifying the methods of control which will be utilized.
Milling operations producing or involving thorium byproduct material must be conducted in such a manner as to provide reasonable assurance that the annual dose equivalent does not exceed 0.25 millisievert (twenty-five millirem) to the whole body, 0.75 millisievert (seventy-five millirem) to the thyroid, and 0.25 millisievert (twenty-five millirem) to any other organ of any member of the public as a result of exposures to the planned discharge of radioactive materials, radon-220 and its daughters excepted, to the general environment.
Uranium and thorium byproduct materials must be managed so as to conform to the applicable provisions of 40 CFR 440 “Ore Mining and Dressing Point Source Category: Effluent Limitations Guidelines and New Source Performance Standards, subpart C, Uranium, Radium, and Vanadium Ores Subcategory,” as codified on January 1, 1983.
Criterion 8A Daily inspections of tailings or waste retention systems must be conducted by a qualified engineer or scientist and documented. The licensee shall retain the documentation for each daily inspection as a record for three years after the documentation is made. The department must be immediately notified of any failure in a tailings or waste retention system that results in a release of tailings or waste into unrestricted areas, or of any unusual conditions (conditions not contemplated in the design of the retention system) that is not corrected could indicate the potential or lead to failure of the system and result in a release of tailings or waste into unrestricted areas.
II. Financial Criteria
Criterion 9 Financial surety arrangements must be established by each mill operator prior to the commencement of operations to assure that sufficient funds will be available to carry out the decontamination and decommissioning of the mill and site and for the reclamation of any tailings or waste disposal areas. The amount of funds to be ensured by such surety arrangements must be based on department -approved cost estimates in a department -approved plan for (1) decontamination and decommissioning of mill buildings and the milling site to levels which allow unrestricted use of these areas upon decommissioning, and (2) the reclamation of tailings and/or waste areas in accordance with technical criteria delineated in Criterion 1 to 8 of this appendix. The licensee shall submit this plan in conjunction with an environmental report that addresses the expected environmental impacts of the milling operation, decommissioning and tailings reclamation, and evaluates alternatives for mitigating these impacts. The surety must also cover the payment of the charge for long-term surveillance and control required by Criterion 10.
In establishing specific surety arrangements, the licensee’s cost estimates must take into account total costs that would be incurred if an independent contractor were hired to perform the decommissioning and reclamation work.
The licensee’s surety mechanism will be reviewed annually by the department to assure, that sufficient funds would be available for completion of the reclamation plan if the work had to be performed by an independent contractor. The amount of surety liability should be adjusted to recognize any increases or decreases resulting from inflation, changes in engineering plans, activities performed, and any other conditions affecting costs. Regardless of whether reclamation is phased through the life of the operation or takes place at the end of operations, an appropriate portion of surety liability must be retained until final compliance with the reclamation plan is determined.
This will yield a surety that is at least sufficient at all times to cover the costs of decommissioning and reclamation of the areas that are expected to be disturbed before the next license renewal. The term of the surety mechanism must be open ended, unless it can be demonstrated that another arrangement would provide an equivalent level of assurance. This assurance would be provided with a surety instrument which is written for a specified period of time (e.g., five years) yet which must be automatically renewed unless the surety notifies the beneficiary (the department) and the principal (the licensee) some reasonable time (e.g., ninety days) prior to the renewal date of their intention not to renew. In such a situation the surety requirement still exists and the licensee would be required to submit an acceptable replacement surety within a brief period of time to allow at least sixty days for the department to collect.
Proof of forfeiture must not be necessary to collect the surety so that in the event that the licensee could not provide an acceptable replacement surety within the required time, the surety shall be automatically collected prior to its expiration. The conditions described above would have to be clearly stated on any surety instrument which is not open-ended, and must be agreed to by all parties. Financial or surety arrangements shall satisfy the requirements identified in rule 3701:1-40-17 of the Administrative Code.
Criterion 10 The licensee shall provide financial assurances for long term surveillance as recorded below.
(1) Prior to the issuance of the license, the applicant shall provide for department approval a decommissioning funding plan that ensures that sufficient funds will be available to cover the costs of monitoring and any required maintenance during the period of long term surveillance. The decommissioning funding plan shall be reviewed every five years by the department to ensure that changes in inflation, technology, and facility operations are reflected in the arrangements.
(2) Subsequent changes to the decommissioning funding plan specified in paragraph (1) of this Criterion relevant to long term surveillance shall be submitted to the department for prior approval.
(3) For the purposes of the decommissioning funding plan required in paragraph (1) of this Criterion, the types of acceptable financial guaranties shall include bonds issued by fidelity or surety companies authorized to do business in the state, certificates of deposit, deposits of government securities, irrevocable letters or lines of credit, trust funds, escrow accounts, or similar types of arrangements, but shall not include any arrangements that constitute self-insurance.
(4) Financial or surety arrangements shall satisfy the requirements identified in rule 3701:1-40-17 of the Administrative Code.
III. Hazardous Constituents
Criterion 11 Secondary ground-water protection standards required by Criterion 5 of this appendix are concentration limits for individual hazardous constituents. The following list of constituents identifies the constituents for which standards must be set and complied with if the specific constituent is reasonably expected to be in or derived from the byproduct material and has been detected in ground water. For purposes of this appendix, the property of gross alpha activity will be treated as if it is a hazardous constituent. Thus, when setting standards under paragraph 5B(5) of Criterion 5, the department will also set a limit for gross alpha activity. The department does not consider the following list imposed by 40 C.F.R. 192 to be exhaustive and may determine other constituents to be hazardous on a case-by-case basis, independent of those specified by the United States environmental protection agency in 40 C.F.R. 192.
Hazardous Constituents
Acetonitrile (Ethanenitrile)
Acetophenone (Ethanone, 1-phenyl)
3-(alpha-Acetonylbenzyl)-4-hydroxycoumarin and salts (Warfarin)
2-Acetylaminofluorene (Acetamide, N-(9H-fluoren-2-yl)-)
Acetyl chloride (Ethanoyl chloride)
1-Acetyl-2-thiourea (Acetamide, N-(aminothioxomethyl)-)
Acrolein (2-Propenal)
Acrylamide (2-Propenamide)
Acrylonitrile (2-Propenenitrile)
Aflatoxins
Aldrin (1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a,8b-hexahydro-endo, exo-1,4:5,8-Dimethanonaphthalene)
Allyl alcohol (2-Propen-1-ol)
Aluminum phosphide
4-Aminobiphenyl ([1,1’-Biphenyl]-4-amine)
6-Amino-1,1a,2,8,8a,8b-hexahydro-8-(hydroxymethyl)-8a-methoxy-5-methyl-carbamate azirino [2’,3’:3,4]pyrrolo[1,2-a]indole-4,7-dione, (ester) (Mitomycin C)
(Azirino[2’3’:3,4]pyrrolo(1,2-a)indole-4,7-dione, 6-amino-8-[((amino-cabonyl)oxy)methyl]-1,1a,2,8,8a,8b-hexa-hydro-8a methoxy-5-methy-) 5-(Aminomethyl)-3-isoxazolol (3(2H)-Isoxazolone, 5-(aminomethyl)-) 4- Aminopyridine (4-Pyridinamine)
Amitrole (1H-1,2,4-Triazol-3-amine)
Aniline (Benzenamine)
Antimony and compounds, N.O.S.3
Aramite (Sulfurous acid, 2-chloroethyl-, 2-[4-(1,1-dimethylethyl) phenoxy]-1-methylethyl ester)
Arsenic and compounds, N.O.S.3
Arsenic acid (Orthoarsenic acid)
Arsenic pentoxide (Arsenic (V) oxide)
Arsenic trioxide (Arsenic (III) oxide)
Auramine (Benzenamine, 4,4’-carbonimidoylbis[N,N-Dimethyl-, monohydrochloride)
Azaserine (L-Serine, diazoacetate (ester))
Barium and compounds, N.O.S.3
Barium cyanide
Benz[c]acridine (3,4-Benzacridine)
Benz[a]anthracene (1,2-Benzanthracene)
Benzene (Cyclohexatriene)
Benzenearsonic acid (Arsonic acid, phenyl-)
Benzene, dichloromethyl- (Benzal chloride)
Benzenethiol (Thiophenol)
Benzidine ([1,1’-Biphenyl]-4,4’ diamine)
Benzo[b]fluoranthene (2,3-Benzofluoranthene)
Benzo[j]fluoranthene (7,8-Benzofluoranthene)
Benzo[a]pyrene (3,4-Benzopyrene) p-Benzoquinone (1,4-Cyclohexadienedione)
Benzotrichloride (Benzene, trichloromethyl)
Benzyl chloride (Benzene, (chloromethyl)-)
Beryllium and compounds, N.O.S.3
Bis(2-chloroethoxy)methane (Ethane, 1,1’-[methylenebis(oxy)]bis[2-chloro-])
Bis(2-chloroethyl) ether (Ethane, 1,1’-oxybis[2-chloro-])
N,N-Bis(2-chloroethyl)-2-naphthylamine (Chlornaphazine)
Bis(2-chloroisopropyl) ether (Propane, 2,2’-oxybis[2-chloro-])
Bis(chloromethyl) ether (Methane, oxybis[chloro-])
Bis(2-ethylhexyl) phthalate (1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester)
Bromoacetone (2-Propanone, 1-bromo-)
Bromomethane (Methyl bromide)
4-Bromophenyl phenyl ether (Benzene, 1-bromo-4-phenoxy-)
Brucine (Strychnidin-10-one, 2,3-dimethoxy-)
2-Butanone peroxide (Methyl ethyl ketone, peroxide)
Butyl benzyl phthalate (1,2-Benzenedicarboxylic acid, butyl phenylmethyl ester)
2-sec-Butyl-4,6-dinitrophenol (DNBP) (Phenol, 2,4-dinitro-6-(1-methylpropyl)-)
Cadmium and compounds, N.O.S.3
Calcium chromate (Chromic acid, calcium salt)
Calcium cyanide
Carbon disulfide (Carbon bisulfide)
Carbon oxyfluoride (Carbonyl fluoride)
Chloral (Acetaldehyde, trichloro-)
Chlorambucil (Butanoic acid, 4-[bis(2-chloroethyl)amino]benzene-)
Chlordane (alpha and gamma isomers) (4,7-Methanoindan, 1,2,4,5,6,7,8,8-octachloro-3,4,7,7a-tetrahydro-) (alpha and gamma isomers)
Chlorinated benzenes, N.O.S.3
Chlorinated ethane, N.O.S.3
Chlorinated fluorocarbons, N.O.S.3
Chlorinated naphthalene, N.O.S.3
Chlorinated phenol, N.O.S.3
Chloroacetaldehyde (Acetaldehyde, chloro-)
Chloroalkyl ethers, N.O.S.3 p -Chloroaniline (Benzenamine, 4-chloro-)
Chlorobenzene (Benzene, chloro-)
Chlorobenzilate (Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-,ethyl ester) p -Chloro-m-cresol (Phenol, 4-chloro-3-methyl)
1-Chloro-2,3-epoxypropane (Oxirane, 2-(chloromethyl)-)
2-Chloroethyl vinyl ether (Ethene, (2-chloroethoxy)-)
Chloroform (Methane, trichloro-)
Chloromethane (Methyl chloride)
Chloromethyl methyl ether (Methane, chloromethoxy-)
2-Chloronaphthalene (Naphthalene, betachloro-)
2-Chlorophenol (Phenol, o-chloro-)
1-(o-Chlorophenyl)thiourea (Thiourea, (2-chlorophenyl)-)
3-Chloropropionitrile (Propanenitrile, 3-chloro-)
Chromium and compounds, N.O.S.3
Chrysene (1,2-Benzphenanthrene)
Citrus red No. 2 (2-Naphthol, 1-[(2,5-dimethoxyphenyl)azo]-)
Coal tars
Copper cyanide
Creosote (Creosote, wood)
Cresols (Cresylic acid) (Phenol, methyl-)
Crotonaldehyde (2-Butenal)
Cyanides (soluble salts and complexes), N.O.S.3
Cyanogen (Ethanedinitrile)
Cyanogen bromide (Bromine cyanide)
Cyanogen chloride (Chlorine cyanide)
Cycasin (beta-D-Glucopyranoside, (methyl-ONN-azoxy)methyl-)
2-Cyclohexyl-4,6-dinitrophenol (Phenol, 2-cyclohexyl-4,6-dinitro-)
Cyclophosphamide (2H-1,3,2,-Oxazaphosphorine, [bis(2-chloroethyl) amino]-tetrahydro-,2- oxide)
Daunomycin (5,12-Naphthacenedione, (8S-cis)-8-acetyl-10-[(3-amino-2,3,6-trideoxy)- alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-)
DDD (Dichlorodiphenyldichloroethane) (Ethane, 1,1-dichloro-2,2-bis(p-chlorophenyl)-)
DDE (Ethylene, 1,1-dichloro-2,2-bis(4-chlorophenyl)-)
DDT (Dichlorodiphenyltrichloroethane) (Ethane, 1,1,1-trichloro-2,2-bis (p-chlorophenyl)-)
Diallate (S-(2,3-dichloroallyl) diisopropylthiocarbamate)
Dibenz[a,h]acridine (1,2,5,6-Dibenzacridine)
Dibenz[a,j]acridine (1,2,7,8-Dibenzacridine)
Dibenz[a,h]anthracene (1,2,5,6-Dibenzanthracene)
7H-Dibenzo[c,g]carbazole (3,4,5,6-Dibenzcarbazole)
Dibenzo[a,e]pyrene (1,2,4,5-Dibenzpyrene)
Dibenzo[a,h]pyrene (1,2,5,6-Dibenzpyrene)
Dibenzo[a,i]pyrene (1,2,7,8-Dibenzpyrene)
1,2-Dibromo-3-chloropropane (Propane, 1,2-dibromo-3-chloro-)
1,2-Dibromoethane (Ethylene dibromide)
Dibromomethane (Methylene bromide)
Di-n-butyl phthalate (1,2-Benzenedicarboxylic acid, dibutyl ester) o -Dichlorobenzene (Benzene, 1,2-dichloro-) m -Dichlorobenzene (Benzene, 1,3-dichloro-) p -Dichlorobenzene (Benzene, 1,4-dichlor-)
Dichlorobenzene, N.O.S.3 (Benzene, dichloro-, N.O.S.3)
3,3’-Dichlorobenzidine ([1,1’-Biphenyl]-4,4’-diamine, 3,3’-dichloro-)
1,4-Dichloro-2-butene (2-Butene, 1,4-dichloro-)
Dichlorodifluoromethane (Methane, dichlorodifluoro-)
1,1-Dichloroethane (Ethylidene dichloride)
1,2-Dichloroethane (Ethylene dichloride) trans -1,2-Dichloroethene (1,2-Dichloroethylene)
Dichloroethylene, N.O.S.3 (Ethene, dichloro-, N.O.S.3)
1,1-Dichloroethylene (Ethene, 1,1-dichloro-)
Dichloromethane (Methylene chloride)
2,4-Dichlorophenol (Phenol, 2,4-dichloro-)
2,6-Dichlorophenol (Phenol, 2,6-dichloro-)
2,4-Dichlorophenoxyacetic acid (2,4-D), salts and esters (Acetic acid, 2,4-dichlorophenoxy-, salts and esters)
Dichlorophenylarsine (Phenyl dichloroarsine)
Dichloropropane, N.O.S.3 (Propane, dichloro-, N.O.S.3)
1,2-Dichloropropane (Propylene dichloride)
Dichloropropanol, N.O.S.3 (Propanol, dichloro-, N.O.S.3)
Dichloropropene, N.O.S.3 (Propene, dichloro-, N.O.S.3)
1,3-Dichloropropene (1-Propene, 1,3-dichloro-)
Dieldin (1,2,3,4,10.10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octa-hydro-endo, exo-1,4:5,8-Dimethanonaphthalene)
1,2:3,4-Diepoxybutane (2,2’-Bioxirane)
Diethylarsine (Arsine, diethyl-)
N,N-Diethylhydrazine (Hydrazine, 1,2-diethyl)
O,O-Diethyl S-methyl ester of phosphorodithioic acid (Phosphorodithioic acid, O,O-diethyl S-methyl ester)
O,O-Diethylphosphoric acid, O-p-nitrophenyl ester (Phosphoric acid, diethyl p-nitrophenyl ester)
Diethyl phthalate (1,2-Benzenedicarboxylic acid, diethyl ester)
O,O-Diethyl O-2-pyrazinyl phosphorothioate (Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester)
Diethylstilbesterol (4,4’-Stilbenediol,alpha,alpha-diethyl, bis(dihydrogen phosphate, (E)-)
Dihydrosafrole (Benzene, 1,2-methylenedioxy-4-propyl-)
3,4-Dihydroxy-alpha-(methylamino)methyl benzyl alcohol (1,2-Benzenediol, 4-[1-hydroxy-
2-(methylamino)ethyl]-)
Dilsopropylfluorophosphate (DFP) (Phosphorofluoridic acid, bis(1-methylethyl) ester)
Dimethoate (Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester)
3,3’-Dimethoxybenzidine ([1,1’-Biphenyl]- 4,4’-diamine, 3-3’-dimethoxy-) p -Dimethylaminoazobenzene (Benzenamine, N,N-dimethyl-4-(phenylazo)-)
7,12-Dimethylbenz[a]anthracene (1,2-Benzanthracene, 7,12-dimethyl-)
3,3’-Dimethylbenzidine ([1,1’-Biphenyl]-4,4’-diamine, 3,3’-dimethyl-)
Dimethylcarbamoyl chloride (Carbamoyl chloride, dimethyl-)
1,1-Dimethylhydrazine (Hydrazine, 1,1-dimethyl-)
1,2-Dimethylhydrazine (Hydrazine, 1,2-dimethyl-)
3,3-Dimethyl-1-(methylthio)-2-butanone, O-[(methylamino) carbonyl] oxime (Thiofanox) alpha,alpha-Dimethylphenethylamine (Ethanamine, 1,1-dimethyl-2-phenyl-)
2,4-Dimethylphenol (Phenol, 2,4-dimethyl-)
Dimethyl phthalate (1,2-Benzenedicarboxylic acid, dimethyl ester)
Dimethyl sulfate (Sulfuric acid, dimethyl ester)
Dinitrobenzene, N.O.S.3 (Benzene, dinitro-, N.O.S.3)
4,6-Dinitro-o-cresol and salts (Phenol, 2,4-dinitro-6-methyl-, and salts)
2,4-Dinitrophenol (Phenol, 2,4-dinitro-)
2,4-Dinitrotoluene (Benzene, 1-methyl-2,4-dinitro-)
2,6-Dinitrotoluene (Benzene, 1-methyl-2,6-dinitro-)
Di-n-octyl phthalate (1,2-Benzenedicarboxylic acid, dioctyl ester)
1,4-Dioxane (1,4-Diethylene oxide)
Diphenylamine (Benzenamine, N-phenyl-)
1,2-Diphenylhydrazine (Hydrazine, 1,2-diphenyl-)
Di-n-propylnitrosamine (N-Nitroso-di-n-propylamine)
Disulfoton (O,O-diethyl S-[2-(ethylthio)ethyl] phosphorodithioate)
2,4-Dithiobiuret (Thioimidodicarbonic diamide)
Endosulfan (5-Norbornene, 2,3-dimethanol, 1,4,5,6,7,7-hexachloro-, cyclic sulfite)
Endrin and metabolites (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydroendo, endo-1,4:5,8-dimethanonaphthalene, and metabolites)
Ethyl carbamate (Urethan) (Carbamic acid, ethyl ester)
Ethyl cyanide (propanenitrile)
Ethylenebisdithiocarbamic acid, salts and esters (1,2-Ethanediyl-biscarbamodithioic acid, salts and esters)
Ethyleneimine (Aziridine)
Ethylene oxide (Oxirane)
Ethylenethiourea (2-Imidazolidinethione)
Ethyl methacrylate (2-Propenoic acid, 2-methyl-, ethyl ester)
Ethyl methanesulfonate (Methanesulfonic acid, ethyl ester)
Fluoranthene (Benzo[j,k]fluorene)
Fluorine
2-Fluoroacetamide (Acetamide, 2-fluoro-)
Fluoroacetic acid, sodium salt (Acetic acid, fluoro-, sodium salt)
Formaldehyde (Methylene oxide)
Formic acid (Methanoic acid)
Glycidylaldehyde (1-Propanol-2,3-epoxy)
Halomethane, N.O.S.3
Heptachlor (4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-)
Heptachlor epoxide (alpha, beta, and gamma isomers) (4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-2,3-epoxy-3a,4,7,7-tetrahydro-, alpha, beta, and gamma isomers)
Hexachlorobenzene (Benzene, hexachloro-)
Hexachlorobutadiene (1,3-Butadiene, 1,1,2,3,4,4-hexachloro-)
Hexachlorocyclohexane (all isomers) (Lindane and isomers)
Hexachlorocyclopentadiene (1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-)
Hexachloroethane (Ethane, 1,1,1,2,2,2-hexachloro-)
1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a-hexahydro-1,4:5,8-endo,endodimethanonaphthalene (Hexachlorohexa-hydro-endo,endo-dimethanonaphthalene)
Hexachlorophene (2,2’-Methylenebis(3,4,6-trichlorophenol)
Hexachloropropene (1-Propene, 1,1,2,3,3,3-hexachloro-)
Hexaethyl tetraphosphate (Tetraphosphoric acid, hexaethyl ester)
Hydrazine (Diamine)
Hydrocyanic acid (Hydrogen cyanide)
Hydrofluoric acid (Hydrogen fluoride)
Hydrogen sulfide (Sulfur hydride)
Hydroxydimethylarsine oxide (Cacodylic acid)
Indeno (1,2,3-cd)pyrene (1,10-(1,2-phenylene)pyrene)
Iodomethane (Methyl iodide)
Iron dextran (Ferric dextran)
Isocyanic acid, methyl ester (Methyl isocyanate)
Isobutyl alcohol (1-Propanol, 2-methyl-)
Isosafrole (Benzene, 1,2-methylenedioxy-4-allyl-)
Kepone (Decachlorooctahydro-1,3,4-Methano-2H-cyclobuta[cd]pentalen-2-one)
Lasiocarpine (2-Butenoic acid, 2-methyl-, 7-[(2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy)methyl]-2,3,5,7a- tetrahydro-1H-pyrrolizin-1-yl ester)
Lead and compounds, N.O.S.3
Lead acetate (Acetic acid, lead salt)
Lead phosphate (Phosphoric acid, lead salt)
Lead subacetate (Lead, bis(acetato-0)tetrahydroxytri-)
Maleic anhydride (2,5-Furandione)
Maleic hydrazide (1,2-Dihydro-3,6-pyridazinedione)
Malononitrile (Propanedinitrile)
Melphalan (Alanine, 3-[p-bis(2-chloroethyl)amino]phenyl-,L-)
Mercury fulminate (Fulminic acid, mercury salt)
Mercury and compounds, N.O.S.3
Methacrylonitrile (2-Propenenitrile, 2-methyl-)
Methanethiol (Thiomethanol)
Methapyrilene (Pyridine. 2-[(2-dimethylamino)ethyl]-2-thenylamino-)
Metholmyl (Acetimidic acid, N-[(methylcarbamoyl)oxy]thio-, methyl ester)
Methoxychlor (Ethane, 1,1,1-trichloro-2,2’-bis(p-methoxyphenyl)-)
2-Methylaziridine (1,2-Propylenimine)
3-Methylcholanthrene (Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-)
Methyl chlorocarbonate (Carbonochloridic acid, methyl ester)
4,4’-Methylenebis(2-chloroaniline) (Benzenamine, 4,4’-methylenebis- (2-chloro-)
Methyl ethyl ketone (MEK) (2-Butanone)
Methyl hydrazine (Hydrazine, methyl-)
2-Methyllactonitrile (Propanenitrile, 2-hydroxy-2-methyl-)
Methyl methacrylate (2-Propenoic acid, 2-methyl-, methyl ester)
Methyl methanesulfonate (Methanesulfonic acid, methyl ester)
2-Methyl-2-(methylthio)propionaldehyde-o-(methylcarbonyl) oxime (Propanal, 2-methyl-2- (methylthio)-, 0-[(methylamino)carbonyl]oxime)
N-Methyl-N’-nitro-N-nitrosoguanidine (Guanidine, N-nitroso-N-methyl-N’- nitro-)
Methyl parathion (0,0-dimethyl 0-(4-nitrophenyl) phosphorothioate)
Methylthiouracil (4-IH-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-)
Molybdenum and compounds, N.O.S.3
Mustard gas (Sulfide, bis(2-chloroethyl)-)
Naphthalene
1,4-Naphthoquinone (1,4-Naphthalenedione)
1-Naphthylamine (alpha-Naphthylamine)
2-Naphthylamine (beta-Naphthylamine)
1-Naphthyl-2-thiourea (Thiourea, 1-naphthalenyl-)
Nickel and compounds, N.O.S.3
Nickel carbonyl (Nickel tetracarbonyl)
Nickel cyanide (Nickel (II) cyanide)
Nicotine and salts (Pyridine, (S)-3-(1-methyl-2-pyrrolidinyl)-, and salts)
Nitric oxide (Nitrogen (II) oxide) p -Nitroaniline (Benzenamine, 4-nitro-)
Nitrobenzine (Benzene, nitro-)
Nitrogen dioxide (Nitrogen (IV) oxide)
Nitrogen mustard and hydrochloride salt (Ethanamine, 2-chloro-, N-(2-chloroethyl)- Nmethyl-, and hydrochloride salt)
Nitrogen mustard N-Oxide and hydrochloride salt (Ethanamine, 2-chloro-, N-(2-chloroethyl)-N-methyl-, and hydrochloride salt)
Nitroglycerine (1,2,3-Propanetriol, trinitrate)
4-Nitrophenol (Phenol, 4-nitro-)
4-Nitroquinoline-1-oxide (Quinoline, 4-nitro-1-oxide-)
Nitrosamine, N.O.S.3
N-Nitrosodi-n-butylamine (1-Butanamine, N-butyl-N-nitroso-)
N-Nitrosodiethanolamine (Ethanol, 2,2’-(nitrosoimino)bis-)
N-Nitrosodiethylamine (Ethanamine, N-ethyl-N-nitroso-)
N-Nitrosodimethylamine (Dimethylnitrosamine)
N-Nitroso-N-ethylurea (Carbamide, N-ethyl-N-nitroso-)
N-Nitrosomethylethylamine (Ethanamine, N-methyl-N-nitroso-)
N-Nitroso-N-methylurea (Carbamide, N-methyl-N-nitroso-)
N-Nitroso-N-methylurethane (Carbamic acid, methylnitroso-, ethyl ester)
N-Nitrosomethylvinylamine (Ethenamine, N-methyl-N-nitroso-)
N-Nitrosomorpholine (Morpholine, N-nitroso-)
N-Nitrosonornicotine (Nornicotine, N-nitroso-)
N-Nitrosopiperidine (Pyridine, hexahydro-, N-nitroso-)
Nitrosopyrrolidine (Pyrrole, tetrahydro-, N-nitroso-)
N-Nitrososarcosine (Sarcosine, N-nitroso-)
5-Nitro-o-toluidine (Benzenamine, 2-methyl-5-nitro-)
Octamethylpyrophosphoramide (Diphosphoramide, octamethyl-)
Osmium tetroxide (Osmium (VIII) oxide)
7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid (Endothal)
Paraldehyde (1,3,5-Trioxane, 2,4,6-trimethyl-)
Parathion (Phosphorothioic acid, O,O-diethyl O-(p-nitrophenyl)ester)
Pentachlorobenzene (Benzene, pentachloro-)
Pentachloroethane (Ethane, pentachloro-)
Pentachloronitrobenzene (PCNB) (Benzene, pentachloronitro-)
Pentachlorophenol (Phenol, pentachloro-)
Phenacetin (Acetamide, N-(4-ethoxyphenyl)-)
Phenol (Benzene, hydroxy-)
Phenylenediamine (Benzenediamine)
Phenylmercury acetate (Mercury, acetatophenyl-)
N-Phenylthiourea (Thiourea, phenyl-)
Phosgene (Carbonyl chloride)
Phosphine (Hydrogen phosphide)
Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester (Phorate)
Phosphorothioic acid, O,O-dimethyl O-[p-((dimethylamino)sulfonyl)phenyl] ester (Famphur)
Phthalic acid esters, N.O.S.3 (Benzene, 1,2-dicarboxylic acid, esters, N.O.S.3)
Phthalic anhydride (1,2-Benzenedicarboxylic acid anhydride)
2-Picoline (Pyridine, 2-methyl-)
Polychlorinated biphenyl, N.O.S.3
Potassium cyanide
Potassium silver cyanide (Argentate(1-), dicyano-, potassium)
Pronamide (3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide)
1,3-Propane sultone (1,2-Oxathiolane, 2,2-dioxide) n -Propylamine (1-Propanamine)
Propylthiouracil (Undecamethylenediamine, N,N’-bis(2-chlorobenzyl-), dihydrochloride)
2-Propyn-1-ol (Propargyl alcohol)
Pyridine
Radium -226 and -228
Reserpine (Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[3,4,5-trimethoxybenzoyl)oxy]-, methyl ester)
Resorcinol (1,3-Benzenediol)
Saccharin and salts (1,2-Benzoisothiazolin-3-one, 1,1-dioxide, and salts)
Safrole (Benzene, 1,2-methylenedioxy-4-allyl-)
Selenious acid (Selenium dioxide)
Selenium and compounds, N.O.S.3
Selenium sulfide (Sulfur selenide)
Selenourea (Carbamimidoselenoic acid)
Silver and compounds, N.O.S.3
Silver cyanide
Sodium cyanide
Streptozotocin (D-Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-)
Strontium sulfide
Strychnine and salts (Strychnidin-10-one, and salts)
1,2,4,5-Tetrachlorobenzene (Benzene, 1,2,4,5-tetrachloro-)
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) (Dibenzo-p-dioxin, 2,3,7,8-tetrachloro-)
Tetrachloroethane, N.O.S.3 (Ethane, tetrachloro-, N.O.S.3)
1,1,1,2-Tetrachlorethane (Ethane, 1,1,1,2-tetrachloro-)
1,1,2,2-Tetrachlorethane (Ethane, 1,1,2,2-tetrachloro-)
Tetrachloroethane (Ethene, 1,1,2,2-tetrachloro-)
Tetrachloromethane (Carbon tetrachloride)
2,3,4,6,-Tetrachlorophenol (Phenol, 2,3,4,6-tetrachloro-)
Tetraethyldithiopyrophosphate (Dithiopyrophosphoric acid, tetraethyl-ester)
Tetraethyl lead (Plumbane, tetraethyl-)
Tetraethylpyrophosphate (Pyrophosphoric acide, tetraethyl ester)
Tetranitromethane (Methane, tetranitro-)
Thallium and compounds, N.O.S.3
Thallic oxide (Thallium (III) oxide)
Thallium (I) acetate (Acetic acid, thallium (I) salt)
Thallium (I) carbonate (Carbonic acid, dithallium (I) salt)
Thallium (I) chloride
Thallium (I) nitrate (Nitric acid, thallium (I) salt)
Thallium selenite
Thallium (I) sulfate (Sulfuric acid, thallium (I) salt)
Thioacetamide (Ethanethioamide)
Thiosemicarbazide (Hydrazinecarbothioamide)
Thiourea (Carbamide thio-)
Thiuram (Bis(dimethylthiocarbamoyl) disulfide)
Thorium and compounds, N.O.S.,3 when producing thorium byproduct material
Toluene (Benzene, methyl-)
Toluenediamine (Diaminotoluene) o -Toluidine hydrochloride (Benzenamine, 2-methyl-, hydrochloride)
Tolylene diisocyanate (Benzene, l,3-diisocyanatomethyl-)
Toxaphene (Camphene, octachloro-)
Tribromomethane (Bromoform)
1,2,4-Trichlorobenzene (Benzene, 1,2,4-trichloro-)
1,1,1-Trichloroethane (Methyl chloroform)
1,1,2-Trichloroethane (Ethane, 1,1,2-trichloro-)
Trichloroethene (Trichloroethylene)
Trichloromethanethiol (Methanethiol, trichloro-)
Trichloromonofluoromethane (Methane, trichlorofluoro-)
2,4,5-Trichlorophenol (Phenol, 2,4,5-trichloro-)
2,4,6-Trichlorophenol (Phenol, 2,4,6-trichloro-)
2,4,5-Trichlorophenoxyacetic acid (2,4,5-T) (Acetic acid, 2,4,5-trichlorophenoxy-)
2,4,5-Trichlorophenoxypropionic acid (2,4,5-TP) (Silvex) (Propionoic acid, 2-(2,4,5- trichlorophenoxy)-)
Trichloropropane, N.O.S.3 (Propane, trichloro-, N.O.S.3)
1,2,3-Trichloropropane (Propane, 1,2,3-trichloro-)
O,O,O-Triethyl phosphorothioate (Phosphorothioic acid, O,O,O-triethyl ester) sym-Trinitrobenzene (Benzene, 1,3,5-trinitro-)
Tris(1-azridinyl) phosphine sulfide (Phosphine sulfide, tris(1-aziridinyl-)
Tris(2,3-dibromopropyl) phosphate (1-Propanol, 2,3-dibromo-, phosphate)
Trypan blue (2,7-Naphthalenedisulfonic acid, 3,3’-[(3,3’-dimethyl (1,1’-biphenyl)- 4,4’- diyl)bis(azo)]bis(5-amino-4-hydroxy-, tetrasodium salt)
Uracil mustard (Uracil 5-[bis(2-chloroethyl)amino]-)
Uranium and compounds, N.O.S.3
Vanadic acid, ammonium salt (ammonium vanadate)
Vanadium pentoxide (Vanadium (V) oxide)
Vinyl chloride (Ethene, chloro-)
Zinc cyanide
Zinc phosphide
3 The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this list.
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
(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; and
(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 department determines will significantly affect the quality of the environment, the department 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.
(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. 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, roads necessary 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.
(C) The applicant satisfies any applicable special requirements contained in rule 3701:1-44-16 of the Administrative Code.
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
(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.
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
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
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 $225,000 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 department prior to receipt of licensed material. If the applicant does not defer execution of the financial instrument, 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)
(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 $1,125,000 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) Each decommissioning funding plan must contain a cost estimate for decommissioning and 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. Cost estimates must be adjusted at intervals not to exceed three years. 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 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 section. 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 section 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 department, 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 department 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 department. 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 department 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 department 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: 02/06/2006
R.C. 119.032 review dates: 02/01/2011
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
(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.
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
(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.
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
(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.
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
(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.
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
(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.
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
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.
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
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 department 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 its consent in writing.
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