Chapter 3701:1-56 License for Special Nuclear Material

3701:1-56-01 Purpose and scope.

(A) This chapter establishes procedures and criteria for the issuance of licenses to receive title to, own, acquire, deliver, receive, possess, use, and transfer special nuclear material in quantities less than critical mass, and establishes and provides for the terms and conditions upon which the director will issue such licenses.

(B) Except as provided in rules 3701:1-56-14 and 3701:1-56-15 of the Administrative Code, the rules in this chapter apply to all persons in the State of Ohio.

Replaces: 3701:1-56-01

R.C. 119.032 review dates: 05/10/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/07

3701:1-56-02 General license for calibration or reference sources.

(A) A general license is hereby issued to any person in Ohio, who holds a specific license issued by the director which authorizes him or her to receive, possess, use and transfer special nuclear material, to receive title to, own, acquire, deliver, receive, possess, use and transfer in accordance with the provisions of paragraphs (B) and (C) of this rule, plutonium in the form of calibration or reference sources.

(B) The general license in paragraph (A) of this rule applies only to calibration or reference sources which have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued pursuant to rule 3701:1-56-06 of the Administrative Code, or in accordance with the specifications contained in a specific license issued by the United States nuclear regulatory commission or an agreement state, which authorizes manufacture of the sources for distribution to persons generally licensed by the United States nuclear regulatory commission or an agreement state.

(C) The general license in paragraph (A) of this rule is subject to the provisions of rules 3701:1-56-04 , 3701:1-56-09 , 3701:1-56-10 , and Chapters 3701:1-40 and 3701:1-38 of the Administrative Code. In addition, persons who receive title to, own, acquire, deliver, receive, possess, use or transfer one or more calibration or reference sources pursuant to this general license:

(1) Shall not possess at any one time, at any one location of storage or use, more than one hundred eighty-five kilobecquerels (five microcuries) of plutonium in such sources;

(2) Shall not receive, possess, use or transfer such source unless the source, or the storage container, bears a label which includes the following statement or a substantially similar statement which contains the information called for in the following statement:

(a) The receipt, possession, use and transfer of this source, model ____, serial no. ____, are subject to a general license and the regulations of the United States nuclear regulatory commission or of a state with which the commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

Caution - radioactive material - this source contains plutonium. Do not touch radioactive portion of this source.

(Name of manufacturer or initial transferor)

(b) Sources generally licensed prior to January 19, 1975 may bear labels authorized by the regulations in effect on January 1, 1975 if they are different from the label in paragraph (C)(2)(a) of this rule.

(3) Shall not transfer, abandon, or dispose of such source except by transfer to a person authorized by a license from the director, the United States nuclear regulatory commission, or an agreement state to receive the source.

(4) Shall store such source, except when the source is being used, in a closed container adequately designed and constructed to contain plutonium which might otherwise escape during storage.

(5) Shall not use such source for any purpose other than the calibration of radiation detectors or the standardization of other sources.

(D) The general license in paragraph (A) of this rule does not authorize the manufacture, import, or export of calibration or reference sources containing plutonium.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/07

3701:1-56-03 General license to own special nuclear material.

A general license is hereby issued to receive title to and own special nuclear material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this rule is not authorized to physically acquire, deliver, receive, possess, use, transfer, import, or export from the country special nuclear material, except as authorized in a specific license.

R.C. 119.032 review dates: 05/10/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003

3701:1-56-04 Conditions of licenses.

(A) Each license shall contain and be subject to the following conditions:

(1) No right to the special nuclear material shall be conferred by the license except as defined by the license;

(2) 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; and

(3) The license shall be subject to and the licensee shall observe, all applicable rules, regulations and orders of the department.

(B) Each licensee shall notify the director, 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 (as published in the January 24, 2002, United States Code) by or against:

(1) The licensee;

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

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

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

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

(C) The director may incorporate in any license such additional conditions and requirements with respect to the licensee's ownership, receipt, possession, use, and transfer of special nuclear 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 the act and regulations thereunder.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/2007

3701:1-56-05 Inalienability of licenses.

(A) No license granted under this chapter, and no right to possess or utilize special nuclear material granted by any license issued pursuant to this chapter, shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the director shall, after securing full information, find that the transfer is in accordance with the provisions of rule 3701:1-56-04 of the Administrative Code, and shall give his consent in writing.

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

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

(2) Financial assurance for decommissioning information required by rule 3701:1-56-19 of the Administrative Code.

Effective: 11/22/2013
R.C. 119.032 review dates: 09/03/2013 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 4/14/2003, 10/8/07, 9/1/12

3701:1-56-06 Specific licenses for the manufacture or initial transfer of calibration or reference sources.

(A) An application for a specific license to manufacture or initially transfer calibration or reference sources containing plutonium, for distribution to persons generally licensed under rule 3701:1-56-02 of the Administrative Code, will be approved if:

(1) The applicant satisfies the general requirements of the license application requirements of Chapters 3701:1-40 and 3701:1-46 of the Administrative Code, and rule 3701:1-38-02 of the Administrative Code.

(2) The applicant submits sufficient information regarding each type of calibration or reference source pertinent to evaluation of the potential radiation exposure, including:

(a) Chemical and physical form and maximum quantity of plutonium in the source;

(b) Details of construction and design;

(c) Details of the method of incorporation and binding of the plutonium in the source;

(d) Procedures for and results of prototype testing of sources, which are designed to contain more than one hundred eighty-five becquerels ( 0.005 microcurie) of plutonium, to demonstrate that the plutonium contained in each source will not be released or be removed from the source under normal conditions of use;

(e) Details of quality control procedures to be followed in manufacture of the source;

(f) Description of labeling to be affixed to the source or the storage container for the source; and

(g) Any additional information, including experimental studies and tests, required by the director to facilitate a determination of the safety of the source.

(3) Each source will contain no more than one hundred eighty-five kilobecquerels (five microcuries) of plutonium.

(4) The director determines, with respect to any type of source containing more than one hundred eighty-five becquerels ( 0.005 microcurie) of plutonium, that:

(a) The method of incorporation and binding of the plutonium in the source is such that the plutonium will not be released or be removed from the source under normal conditions of use and handling of the source; and

(b) The source has been subjected to and has satisfactorily passed the prototype tests prescribed by paragraph (A)(5) of this rule.

(5) For any type of source which is designed to contain more than one hundred eighty-five becquerels ( 0.005 microcurie) of plutonium, the applicant has conducted prototype tests, in the order listed, on each of five prototypes of such source, which contains more than one hundred eighty-five becquerels ( 0.005 microcurie) of plutonium, as follows:

(a) The quantity of radioactive material deposited on the source shall be measured by direct counting of the source.

(b) The entire radioactive surface of the source shall be wiped with filter paper with the application of moderate finger pressure. Removal of radioactive material from the source shall be determined by measuring the radioactivity on the filter paper or by direct measurement of the radioactivity on the source following the dry wipe.

(c) The entire radioactive surface of the source shall be wiped with filter paper, moistened with water, with the application of moderate finger pressure. Removal of radioactive material from the source shall be determined by measuring the radioactivity on the filter paper after it has dried or by direct measurement of the radioactivity on the source following the wet wipe.

(d) The source shall be immersed in water at room temperature for a period of twenty four consecutive hours. The source shall then be removed from the water. Removal of radioactive material from the source shall be determined by direct measurement of the radioactivity on the source after it has dried or by measuring the radioactivity in the residue obtained by evaporation of the water in which the source was immersed.

(e) On completion of the preceding tests in paragraphs (A)(5)(a) to (A)(5)(d) of this rule, the dry wipe test described in paragraph (A)(5)(b) of this rule shall be repeated.

(f) Removal of more than one hundred eighty-five becquerels ( 0.005 microcurie) of radioactivity in any test prescribed by this paragraph shall be cause for rejection of the source design. Results of prototype tests submitted to the director shall be given in terms of radioactivity in microcuries and percent of removal from the total amount of radioactive material deposited on the source.

(B) Each person licensed under this rule shall affix to each source, or storage container for the source, a label which shall contain sufficient information relative to safe use and storage of the source and shall include the following statement or a substantially similar statement which contains the information called for in the following statement:

(1) The receipt, possession, use and transfer of this source, model ____, serial no. ____, are subject to a general license and the regulations of the United States nuclear regulatory commission or of a state with which the commission has entered into an agreement for the exercise of regulatory authority. Do not remove this label.

Caution - radioactive material - this source contains plutonium. Do not touch radioactive portion of this source.

(Name of manufacturer or initial transferor)

(2) Sources generally licensed under this rule prior to January 19, 1975 may bear labels authorized by the United States nuclear regulatory commission regulations in effect on January 1, 1975.

(C) Each person licensed under this rule shall perform a dry wipe test upon each source containing more than 3.7 kilobecquerels ( 0.1 microcurie) of plutonium prior to transferring the source to a general licensee under rule 3701:1-56-02 of the Administrative Code. This test shall be performed by wiping the entire radioactive surface of the source with a filter paper with the application of moderate finger pressure. The radioactivity on the paper shall be measured by using radiation detection instrumentation capable of detecting one hundred eighty-five becquerels ( 0.005 microcurie) of plutonium. If any such test discloses more than one hundred eighty-five becquerels ( 0.005 microcurie) of radioactive material, the source shall be deemed to be leaking or losing plutonium and shall not be transferred to a general licensee.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/07

3701:1-56-07 Authorized use of special nuclear material.

(A) Each licensee shall confine possession and use of special nuclear material to the locations and purposes authorized in the license. Except as otherwise provided in the license, each license issued pursuant to the rules in this chapter, Chapter 3701:1-40, and rule 3701:1-38-02 of the Administrative Code shall carry with it the right to receive title to, own, acquire, receive, possess and use special nuclear material. Preparation for shipment and transport of special nuclear material shall be in accordance with the provisions of Chapter 3701:1-50 of the Administrative Code.

(B) The possession, use and transfer of any special nuclear material produced by a licensee, in connection with or as a result of use of special nuclear material received under the license, shall be subject to the provisions of the license and the regulations in this chapter of the Administrative Code.

R.C. 119.032 review dates: 05/10/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/07

3701:1-56-08 Transfer of special nuclear material.

(A) No licensee shall transfer special nuclear material except as authorized pursuant to this rule.

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

(1) To the agency in any agreement state which regulates radioactive materials pursuant to an agreement with the United States nuclear regulatory commission, if the quantity transferred is not sufficient to form a critical mass;

(2) To any person exempt from the licensing requirements of the Chapter 3701:1-40 of the Administrative Code and rules in this chapter, to the extent permitted under such exemption;

(3) To any person in an agreement state, subject to the jurisdiction of that state, who has been exempted from the licensing requirements and regulations of that state, to the extent permitted under such exemption;

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

(5) As otherwise authorized by the director in writing.

(C) When transferring special nuclear material:

(1) The licensee transferring the material shall verify that the transferee's license authorizes receipt of the type, form, and quantity of special nuclear material to be transferred, before transferring special nuclear material to a specific licensee of the director, the United States nuclear regulatory commission or an agreement state; or

(2) The licensee transferring the material shall verify that the transferee's license authorizes receipt of the type, form, and quantity of special nuclear material to be transferred, prior to receipt of the special nuclear material by a general licensee who is required to register with the director, the United States nuclear regulatory commission or with an agreement state.

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

(1) The transferor may have in his or her possession, and read, a current copy of the transferee's specific license or registration certificate. The transferor shall retain a copy of each license or certificate for three years from the date that it was obtained;

(2) The transferor may have in its possession a written certification by the transferee that the transferee is authorized by license or registration certificate to receive the type, form, and quantity of special nuclear material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date. The transferor shall retain the written certification as a record for three years from the date of receipt of the certification;

(3) For emergency shipments the transferor may accept oral certification by the transferee that he or she is authorized by license or registration certificate to receive the type, form, and quantity of special nuclear material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date, provided that the oral certification is confirmed in writing within ten days. The transferor shall retain the written confirmation of the oral certification for three years from the date of receipt of the confirmation;

(4) The transferor may obtain other sources of information compiled by a reporting service from official records of the department, the 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 registrations. The transferor shall retain the compilation of information as a record for three years from the date that it was obtained; 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 these methods is correct or up-to-date, the transferor may obtain and record confirmation from the department, the United States nuclear regulatory commission or the licensing agency of an agreement state that the transferee is licensed to receive the special nuclear material. The transferor shall retain the record of confirmation for three years from the date the record is made.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003

3701:1-56-09 Reporting requirements.

(A) Each licensee shall notify the director as soon as possible but not later than four hours after the discovery of an event that prevents immediate protective 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 director 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 regulation 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's twenty-four hour number, 614-644-2727. 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, position title, 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 regulations 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 director in accordance with rule 3701:1-56-12 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: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/07

3701:1-56-10 Material balance, inventory, and records requirements.

(A) As used in this rule, "physical inventory" means determination on a measured basis of the quantity of special nuclear material on hand at a given time. The methods of physical inventory and associated measurements will vary depending on the material to be inventoried and the process involved.

(B)

(1) Each licensee shall keep records showing the receipt, inventory (including location), disposal, acquisition, and transfer of all special nuclear material in their possession regardless of its origin or method of acquisition. Licensees who possess one gram or more of uranium-235, uranium-233, or plutonium must comply with United States nuclear regulatory commission annual reporting requirements listed in 10 CFR 74.13 (as adopted on June 9, 2008).

(2) Each record that is required by the rules in this chapter or by license condition must be maintained and retained for the period specified by the appropriate rule or license condition. If a retention period is not otherwise specified by regulation or license condition, the licensee shall retain the record until the director terminates each license that authorizes the activity that is subject to the recordkeeping requirement.

(3) Each record of receipt, acquisition, or physical inventory of special nuclear material that must be maintained pursuant to paragraph (B)(1) of this rule must be retained as long as the licensee retains possession of the material and for three years following transfer of such material.

(4) Each record of transfer of special nuclear material to other persons must be retained by the licensee who transferred the material until the director terminates the license authorizing the licensee's possession of the material.

(5) Before license termination, licensees shall forward the following records to the director:

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

(b) Records required by paragraph (D)(4) of rule 3701:1-38-20 of the Administrative Code; and

(c) Records required by rule 3701:1-56-21 of the Administrative Code.

(6) If licensed activities are transferred or assigned in accordance with paragraph (A)(2) of rule 3701:1-56-04 of the Administrative Code, the licensee 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:

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

(b) Records required by paragraph (D)(4) of rule 3701:1-38-20 of the Administrative Code; and

(c) Records required by rule 3701:1-56-21 of the Administrative Code.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 04/14/2003, 10/08/07

3701:1-56-11 License requirements.

A person subject to the rules in Chapter 3701:1-56 of the Administrative Code may not receive title to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material unless authorized in a specific or general license issued by the director under the rules in Chapter 3701:1-56 of the Administrative Code.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-12 Communications.

Except as otherwise provided, any communication or report required by Chapter 3701:1-56 of the Administrative Code shall be filed in accordance with Chapter 3748. of the Revised Code and rules promulgated thereunder. Documents pertaining to a license application or any license matter, unless otherwise directed in writing, shall be submitted to the director at the following address:

"Ohio Department of Health, Bureau of Radiation Protection, 246 North High Street, Columbus, OH 43215."

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-13 Completeness and accuracy of information.

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

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

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-14 Persons using special nuclear material under certain department of energy and nuclear regulatory commission contracts.

(A) Except to the extent that United States department of energy facilities or activities of the types subject to licensing pursuant to section 202 of the Energy Reorganization Act of 1974, (enacted October 11, 1974, and available at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0980/rev1/vol-1-sec-2-to-5.pdf) are involved, any prime contractor of the United States department of energy is exempt from the requirements for a license set forth in section 53 of the act and from the rules in this chapter to the extent that such contractor, under his prime contract with the United States department of energy, receives title to, owns, acquires, delivers, receives, possesses, uses, or transfers special nuclear 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 special nuclear 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, (enacted October 11, 1974, and available at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0980/rev1/vol-1-sec-2-to-5.pdf) 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 section 53 of the act and from the rules in Chapter 3701:1-56 of the Administrative Code to the extent that such prime contractor or subcontractor receives title to, owns, acquires, delivers, receives, possesses, uses, or transfers special nuclear material under his prime contract or subcontract when the director 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: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-15 Carriers.

Common and contract carriers, freight forwarders, warehousemen, and the U.S. postal service are exempt from the regulations in this chapter to the extent that they transport special nuclear material in the regular course of carriage for another or storage incident thereto.

R.C. 119.032 review dates: 05/10/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/2007

3701:1-56-16 Specific exemptions.

(A) The director may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the rules in Chapter 3701:1-56 of the Administrative Code as the director determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

(B) The United States department of energy is exempt from the requirements of Chapter 3701:1-56 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 3701:1-56 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: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-17 Types of licenses.

(A) Licenses for special nuclear material are of two types: general and specific. The general licenses provided in rules 3701:1-56-02 and 3701:1-56-03 of the Administrative Code are effective without the filing of applications with the director or the issuance of licensing documents to particular persons. Specific licenses are issued to named persons upon applications filed pursuant to Chapter 3701:1-38-02 of the Administrative Code.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-18 Requirements for the approval of applications.

An application for a specific license will be approved if:

(A) The application is for a purpose authorized by Chapter 3748. of the Revised Code and the rules promulgated thereunder;

(B) The applicant is qualified by reason of training and experience to use the material for the purpose requested in accordance with the rules in this chapter;

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

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

(E) Where the nature of the proposed activities is such as to require consideration by the director, the applicant is financially qualified to engage in the proposed activities in accordance with the rules in this chapter.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-19 Financial assurance and recordkeeping for decommissioning.

(A) Each applicant for a specific license authorizing possession and use of unsealed special nuclear material in quantities specified in paragraph (B) of this rule shall either:

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

(2) Submit a certification that financial assurance for decommissioning has been provided in the amount prescribed by paragraph (B) of this rule using one of the methods described in rule 3701:1-40-17 of the Administrative Code. 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 rule 3701:1-40-17 of the Administrative Code must be submitted to the director prior to receipt of licensed material. If the applicant does not defer execution of the financial instrument, the applicant shall submit to the director, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of rule 3701:1-40-17 of the Administrative Code.

(B) Prior to the director issuing a radioactive materials license, an applicant providing certification of financial assurance for decommissioning as specified in paragraph (A)(1) of this rule shall provide the certification in a monetary amount based upon the quantity of licensed material specified as follows:

(1) Greater than ten thousand but less than or equal to one hundred thousand times the applicable quantities in appendix A to rule 3701:1-40-17 of the Administrative Code. For a combination of radionuclides if R, where R is defined as the sum of the ratios of the quantity of each radionuclide to the applicable value in appendix A to rule 3701:1-40-17 of the Administrative Code, divided by ten thousand is greater than one but R divided by one hundred thousand is less than or equal to one, the sum of one million one hundred twenty-five thousand dollars.

(2) Greater than one thousand but less than or equal to ten thousand times the applicable quantities of appendix A to rule 3701:1-40-17 of the Administrative Code. For a combination of radionuclides, if R, where R is defined as the sum of the ratios of the quantity of each radionuclide to the applicable value in appendix A to rule 3701:1-40-17 of the Administrative Code, divided by one thousand is greater than one but R divided by ten thousand is less than or equal to one, the sum of two hundred twenty-five thousand dollars.

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

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

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

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

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

(d) An adequate contingency factor.

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

(3) A description of the method of assuring funds for decommissioning in accordance with rule 3701:1-40-17 of the Administrative Code, including means for adjusting cost estimates and associated funding levels periodically over the life of the facility;

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

(5) A signed original of the financial instrument obtained to satisfy the requirements of rule 3701:1-40-17 of the Administrative Code (unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning).

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

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

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

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

(4) Facility modifications;

(5) Changes in authorized possession limits;

(6) Actual remediation costs that exceed the previous estimate;

(7) Onsite disposal; and

(8) Use of a settling pond.

(E) Each person licensed under Chapter 3701:1-56 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. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the director considers important to decommissioning consists of:

(1) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site. These records may be limited to instances when contamination remains after any cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas as in the case of possible seepage into porous materials such as concrete. These records must include any known information on identification of involved nuclides, quantities, forms, and concentrations.

(2) As-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used and/or stored, and of locations of possible inaccessible contamination such as buried pipes which may be subject to contamination. If required drawings are referenced, each relevant document need not be indexed individually. If drawings are not available, the licensee shall substitute appropriate records of available information concerning these areas and locations.

(3) Except for areas containing only sealed sources (provided the sources have not leaked or no contamination remains after cleanup of any leak), 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 (D)(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.

Replaces: 3701:1-56-19

Effective: 11/22/2013
R.C. 119.032 review dates: 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/8/2007, 9/1/12

3701:1-56-20 Issuance of licenses.

A specific license will be issued if:

(A) The application is for a purpose authorized by Chapter 3748. of the Revised Code and the rules promulgated thereunder;

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

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

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07

3701:1-56-21 Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas.

(A) Each specific license expires at the end of the day on the expiration date stated in the license unless the licensee has filed an application for renewal under rule 3701:1-38-02 of the Administrative Code not less than ninety days before the expiration date stated in the existing license. If an application for renewal has been filed at least ninety days before the expiration date stated in the existing license, the existing license expires at the end of the day on which the director makes a final determination to deny the renewal application or, if the determination states an expiration date, the expiration date stated in the determination.

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

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

(1) Limit actions involving special nuclear 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 3701:1-56-12 of the Administrative Code, each licensee shall provide notification to the director 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;

(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;

(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 3701:1-56-20 of the Administrative Code in conjunction with a license issuance or renewal or as required by this rule. 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 director.

(F) The director may grant a request to delay or postpone initiation of the decommissioning process if the director 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 director 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 director 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 director may approve an alternate schedule for submittal of a decommissioning plan required pursuant to paragraph (D) of this rule if the director 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;

(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 ; and

(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 director 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 director 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 director 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 director 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. 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 director determines that:

(1) Special nuclear 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

(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.

(4) Records required by paragraphs (D) and (F) of rule 3701:1-56-10 of the Administrative Code have been received.

Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 05/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/08/07