This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 3701:1-43-01 | Definitions.
Terms defined in rule 3701:1-38-01 of the
Administrative Code will have the same meaning when used in this chapter except
terms redefined within a given rule for use within that rule only, and
additionally, as used in Chapter 3701:1-43 of the Administrative Code: (A) "Beneficial to the product"
means that the radioactivity of the technologically enhanced naturally
occurring radioactive material (TENORM) is necessary to the use of the
product. (B) "Commencement of
construction" means any clearing of land, excavation, or other substantial
action that would adversely affect the environment of a site. The term does not
mean site exploration, necessary roads for site exploration, borings to
determine foundation conditions, or other preconstruction monitoring or testing
to establish background information related to the suitability of the site or
the protection of the environment. (C) "Conditional release" means
release by a licensee for a specified use other than release for unrestricted
use. (D) "Consumer" means a member
of the public exposed to TENORM from final end-use products available on a
retail basis. (E) "Consumer or retail
product" means any product, article, or component part thereof, produced,
distributed or sold for use by a consumer in or around a permanent or temporary
household or residence, or for the personal use, consumption, or enjoyment of a
consumer, or for use in or around a school or playground. (F) "Product" means something
produced, made, manufactured, refined, or beneficiated. (G) "Reasonably maximally exposed
individual" means a representative of a population who is exposed to
TENORM at the maximum TENORM concentration measured in environmental media
found at a site along with reasonable maximum case exposure assumptions. The
exposure is determined by using maximum values for one or more of the most
sensitive parameters affecting exposure, based on cautious but reasonable
assumptions, while leaving the others at their mean value. (H) "Technologically Enhanced
Naturally Occurring Radioactive Material (TENORM)" means naturally
occurring radioactive material whose radionuclide concentrations are increased
by or as a result of past or present human practices. TENORM does not include
drill cuttings, or natural background radiation. TENORM does not include
"source material" and "byproduct material" as both are
defined in rule 3701:1-38-01 of the Administrative Code. (I) "Transfer" means the
physical relocation of TENORM within a business' operation, or between
general or specific licensees. This term does not include commercial
distribution. This term does not include a change in legal title to TENORM that
does not involve physical movement of those materials.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-02 | Purpose and scope.
(A) This chapter establishes radiation
protection standards for "Technologically Enhanced Naturally Occurring
Radioactive Material" (TENORM). These standards include the possession,
use, processing, manufacture, distribution, transfer, and disposal of TENORM
and of products with TENORM. This chapter also provides for the licensing of
TENORM, including license termination. The requirements of this chapter are in
addition to, and not a substitution for, other requirements of Chapter 3748. of
the Revised Code and the rules promulgated thereunder. (B) Except as otherwise excluded in this
rule, this chapter applies to any person who receives, possesses, uses,
processes, transfers, distributes, or disposes of TENORM. (C) The manufacture and distribution of
products containing TENORM in which the TENORM's emitted radiation is
considered beneficial to the products are licensed pursuant to the provisions
of Chapter 3701:1-40 of the Administrative Code. (D) This chapter also addresses the
introduction of TENORM into products in which the radiation emitted from the
TENORM is not considered to be beneficial to the products. (E) This chapter does not apply to source
material and byproduct material as both are defined in rule 3701:1-38-01 of the
Administrative Code. (F) Storage incident to transportation
and transportation of TENORM will be in accordance with the requirements in
Chapter 3701:1-38 and Chapter 3701:1-50 of the Administrative
Code.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-03 | Activities requiring a specific license.
(A) A specific license is prescribed
pursuant to paragraph (C) of rule 3701:1-43-10 and rule 3701:1-43-11 of the
Administrative Code to manufacture and distribute any consumer or retail
product containing TENORM unless the manufacture and distribution
are: (1) Authorized as
specified by paragraph (A) of rule 3701:1-43-08 or paragraph (F) of rule
3701:1-43-08 of the Administrative Code; (2) Licensed under the
provisions of Chapter 3701:1-40 of the Administrative Code; (3) Exempted under the
provisions of rule 3701:1-43-07 of the Administrative Code; or (4) Otherwise exempt in
accordance with another chapter of the Administrative Code. (B) A specific license is needed to
decontaminate equipment or land not exempted under the provisions of rule
3701:1-43-07 of the Administrative Code or to decontaminate facilities
contaminated with TENORM in excess of the levels in rule 3701:1-43-15 of the
Administrative Code. As used in this rule, the term "decontaminate"
will not include routine maintenance which results in the incidental removal of
contamination. (C) A specific license is needed to
receive TENORM from other persons for storage, treatment, or disposal unless
otherwise provided in this chapter or authorized in writing by the
director.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-04 | Communications.
Except as otherwise provided, any communication or
report required by Chapter 3701:1-38 or Chapter 3701:1-43 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 director at the following address or by electronic submission in a manner
approved by the director: "Ohio Department of Health Bureau of Environmental Health and Radiation
Protection 246 North High Street Columbus, OH 43215" Electronic mail communications may be sent to the
Ohio department of health at: "BRadiation@odh.ohio.gov"
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Rule 3701:1-43-05 | Completeness and accuracy of information.
(A) Information provided to the director
by an applicant for a license or by a licensee, or information prescribed by
statute or by the director's rules, orders, or license conditions to be
maintained by the applicant or the licensee, will be complete and accurate in
all material respects. (B) Each applicant or licensee will
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 will be provided to the director within two working days
of identifying the information. This requirement is not applicable to
information which is already obliged to be provided to the director by other
reporting or updating requirements.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-06 | Carriers.
Common and contract carriers, freight forwarders,
warehousemen, and the United States postal service are exempt from the
regulations in this chapter to the extent that they are not prescribed to be
licensed as set forth in Chapter 3748. of the Revised Code and rule
3701:1-38-02 of the Administrative Code, and to the extent that they only
transport or store TENORM in the regular course of carriage for another or
storage incident thereto.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-07 | Exemptions.
(A) Persons who receive, possess, use,
process, transfer, distribute, or dispose of TENORM are exempt from the
requirements of this chapter with respect to any combination of radium-226 and
radium-228 if the materials contain, or are contaminated at, concentrations
less than one hundred eighty-five becquerel per kilogram (five picocuries per
gram) excluding natural background. The progeny of the exempt TENORM radium-226
and radium-228 are also exempt. Manufacture of consumer or retail products at
concentrations greater than one hundred eighty-five becquerel per kilogram
(five picocuries per gram) is regulated pursuant to paragraph (C) of rule
3701:1-43-10 and rule 3701:1-43-11 of the Administrative Code. (B) Persons who receive products or
materials containing TENORM distributed in accordance with a specific license
issued by the director pursuant to paragraph (A) of rule 3701:1-43-03 of the
Administrative Code, or by an equivalent license issued by another state, are
exempt from this chapter with regard to those products or
materials. (C) Persons who receive, possess, use,
process, transfer and distribute, including preparation of custom blends for
distribution, phosphate or potash ore-based fertilizers containing TENORM are
exempt from this chapter. (D) Persons who receive, possess, use,
process, transfer, dispose into a permitted landfill, or distribute, including
preparation of custom blends for distribution, zirconia, zircon, and products
of zirconia and zircon containing TENORM are exempt from this chapter provided
that the radioactive constituent is consistent with the radioactivity levels
stated in the safety data sheet accompanying the zirconium-bearing materials. A
facility that manufactures zirconium metal from ore or chemically processes
zirconia or zircon resulting in increased environmental mobility of TENORM is
not exempt from this chapter. (E) Persons who possess TENORM waste
regulated by the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA 42 USC 9601 to 9628 as amended, as published in the
United States Code, 2006 edition) or by the Resource Conservation and Recovery
Act (RCRA 42 USC 6901 et seq. as amended, as published in the United States
Code, 2006 edition) are exempt from this chapter for the TENORM waste regulated
by either of these federal acts. (F) Other persons who possess or use
TENORM will be exempt when the director makes a determination, upon his or her
own initiative or upon request for such determination, that the reasonably
maximally exposed individual will not receive a public dose with a total
effective dose equivalent (TEDE) of more than one millisievert (0.1 rem) in one
year from all licensed or registered sources of radiation including
TENORM. (G) Persons who receive, possess, use,
transfer, distribute, or dispose of materials in the recycling process
contaminated with scale or residue not otherwise exempted or other equipment
containing TENORM with a radiation exposure level that does not exceed 0.5
microsieverts (fifty microrem) per hour, including background at any accessible
point are hereby exempt from the requirements of this chapter. (H) Persons engaged in the manufacture,
wholesale or retail commercial distribution, use, or disposal of the following
products or materials, or the recycling of equipment used to produce, contain,
or transport the following materials are exempt from the requirements of this
chapter: (1) Potassium or
potassium compounds that have not been isotopically enriched in the
radionuclide potassium-40; (2) Fossil fuel or
byproducts from fossil fuel combustion, including bottom ash, fly ash, and
flue-gas emission control byproducts; or (3) Material used for
building construction, industrial processing, sandblasting, metal castings, or
other material in which the radionuclide content has not been concentrated to a
level higher than is found in its natural state. (I) Persons who receive, possess, use,
process, transfer, or dispose of TENORM or TENORM waste from oil and gas wells
and production operations within the state are exempt from the requirements of
this chapter in that they are subject to the regulatory oversight of the Ohio
department of natural resources in accordance with section 1509.02 of the
Revised Code. This exemption does not apply to service providers performing
radiological decontamination of scale containing TENORM in pipe and other
equipment. (J) Persons who receive, possess, use,
process, transfer, or dispose of waste water facility sludges that contain
TENORM, are exempt from the requirements of this chapter in that they are
subject to regulatory oversight by the Ohio environmental protection agency in
accordance with section 6111.03 of the Revised Code. (K) Persons who possess, store, use,
transport, or commercially distribute compressed gases and compressed gas
products containing TENORM are exempt from the requirements of this chapter.
The exemptions contained in this paragraph do not apply to a facility that
processes compressed gas or compressed gas products containing
TENORM.
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Rule 3701:1-43-08 | General licenses.
(A) Subject to the requirements of
Chapter 3701:1-38, rule 3701:1-43-08, and rule 3701:1-43-18 of the
Administrative Code, unless and until a specific license has been issued in
accordance with rule 3701:1-43-03 of the Administrative Code, a general license
is hereby issued to possess, use, transfer, distribute or dispose of TENORM
without regard to quantity. (B) This general license does not
authorize the manufacture of consumer or retail products containing TENORM in
concentrations greater than those specified in paragraph (A) of rule
3701:1-43-07 of the Administrative Code or the receipt and disposal of wastes
from other persons. (C) Employees or contractors under
control and supervision of a general licensee may perform routine maintenance
on equipment, facilities, and land owned or controlled by the general licensee.
Maintenance that provides a pathway for exposure different from that found in
periodic maintenance operations and that increases the potential for additional
exposure is not considered routine maintenance. The decontamination of
equipment, facilities, and land will be performed only by persons specifically
licensed by the director, an agreement state, or another licensing state to
conduct such work. (D) Any person subject to the general
license issued by paragraph (A) of this rule, will notify the director within
sixty days of becoming subject to the general license. Such notification will
include: (1) Name and address of
the licensee; (2) Location and
description of the facility, facilities, or portion of a facility where the
TENORM is situated; (3) Description of the
TENORM including estimates of the amount and extent of TENORM. (E) Transfer of material, equipment or
real property. (1) The transfer of
TENORM not exempt from the requirements of this chapter, from one general
licensee to another general licensee, is authorized if the equipment and
facilities contaminated with TENORM are to be used by the recipient for a
similar purpose, provided that no member of the public will receive a dose in
excess of that allowed under rule 3701:1-38-13 of the Administrative
Code. (2) For transfers not
made in accordance with paragraph (E)(1) of this rule, prior written approval
by the director is needed. To obtain director approval, the transferor will
submit information that demonstrates compliance with rule 3701:1-43-15 of the
Administrative Code. Records of such compliance will be maintained as specified
in rule 3701:1-43-17 of the Administrative Code. (3) For transfers made
under paragraph (E)(1) of this rule, the general licensee who makes the
transfer will assess the amount and extent of TENORM contamination or material
present, inform the general licensee receiving the TENORM of these assessments
prior to such transfer, and maintain records prescribed by these regulations
that include: (a) The date, recipient name, and location; (b) A description and quantity of the material; and (c) A description of the procedures and mechanisms used to ensure
that material will not be released in another manner, such as an unrestricted
release. (4) A general licensee
intending to transfer material or real property for unrestricted use will
document compliance with the requirements of rule 3701:1-43-15 of the
Administrative Code. Records of such compliance will be maintained as specified
in rule 3701:1-43-17 of the Administrative Code. (F) The distribution of TENORM products
not exempt from these regulations, from one general licensee to another general
licensee, is authorized provided the product is accompanied by labels or
manifests which identify the type and amount of TENORM. This may be
accomplished by providing notification to the recipient through literature such
as safety data sheets, manifests, or labeling accompanying the
product. (G) The director may, by written notice,
prescribe any person authorized by a general license to apply for, and obtain,
a specific license if the director determines that specific licensure is
necessary to ensure that exposures do not exceed the criteria of rule
3701:1-38-12 and rule 3701:1-38-13 of the Administrative Code. The notice will
state the reason or reasons for requiring a specific license.
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Rule 3701:1-43-09 | Application for specific licenses.
(A) An applicant for a license to receive
and possess TENORM will apply in accordance with rule 3701:1-38-02 of the
Administrative Code and this chapter on a form prescribed by the director. The
original application will be filed with the director. Information contained in
previous applications, statements or reports filed with the director may be
incorporated by reference, provided that the reference is clear, specific, and
has been on file with the director for not more than two licensing periods, and
provided that the item being referenced in the document is being referenced
without change. (B) The director may at any time after
the filing of the original application prescribe additional information from
the applicant in order to determine whether a license should be issued or
whether a current license should be modified or revoked. (C) Each application will be signed by
the applicant or a person duly authorized to act for the applicant and will be
accompanied by the fee prescribed in rule 3701:1-38-02 of the Administrative
Code. (D) An application for a license filed
pursuant to the requirements in Chapter 3701:1-43 of the Administrative Code
will be considered also as an application for licenses authorizing other
activities for which licenses are prescribed by Chapter 3748. of the Revised
Code and the rules promulgated thereunder, provided that the application
specifies the additional activities for which licenses are requested and
complies with requirements of the director as to applications for such
licenses. (E) Each application for a specific
license will be accompanied by the fee prescribed in rule 3701:1-38-02 of the
Administrative Code. (F) Information provided by a licensee or
applicant for a license or license renewal that constitutes a "trade
secret" as defined in section 1333.61 of the Revised Code is not subject
to public disclosure in accordance with sections 1333.61 to 1333.69 of the
Revised Code. (G) As provided by rule 3701:1-43-13 of
the Administrative Code, certain applications for specific licenses filed under
Chapter 3701:1-43 of the Administrative Code will contain a proposed
decommissioning funding plan or a certification of financial assurance for
decommissioning. (H) An application for a license to
receive and possess TENORM for the conduct of any activity which the director
has determined pursuant to rule 3701:1-40-30 of the Administrative Code, could
potentially affect the quality of the environment will be filed at least nine
months prior to commencement of construction of the plant or facility in which
the activity will be conducted and will be accompanied by any environmental
report prescribed pursuant to rule 3701:1-40-30 of the Administrative
Code.
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Rule 3701:1-43-10 | General requirements for the issuance of specific licenses.
(A) An application for a specific license
will be approved if: (1) The application is
for a purpose authorized by Chapter 3748. of the Revised Code and the rules
adopted thereunder; (2) The applicant's
proposed equipment and facilities are adequate to protect health and minimize
danger to life or property or the environment; (3) The applicant is
qualified by training and experience to use the TENORM in question for the
purpose requested in such manner as to protect health and minimize danger to
life or property or the environment; (4) The applicant
satisfied all applicable special requirements in rule 3701:1-38-02, Chapter
3701:1-40, and Chapter 3701:1-43 of the Administrative Code; (5) For an application
that involves an activity that could potentially affect the quality of the
environment, the director has: (a) Reviewed the information filed and evaluations made pursuant
to rule 3701:1-40-30 of the Administrative Code; (b) Weighed the environmental, economic, technical, and other
benefits against environmental costs and considered available alternatives;
and (c) Concluded that the proposed activity, along with any
appropriate conditions to protect the environment, would be
acceptable. Commencement of construction prior to such
conclusion will be grounds for denial of a license to receive and possess
radioactive material in such plant or facility. (6) The applicant has met
the financial assurance requirements of rule 3701:1-43-13 of the Administrative
Code; (7) The applicant has
adequately addressed the following items in the application: (a) Procedures and equipment for monitoring and protecting
workers; (b) An evaluation of the radiation levels and concentrations of
contamination expected during normal operations; (c) Operating and emergency procedures, including procedures for
waste reduction and quality assurance of items released for unrestricted use;
and (d) A method for managing the radioactive material removed from
contaminated equipment, facilities, and land. (8) For each location to
be listed on the license as an authorized use location, the applicant will
submit either: (a) A statement that the applicant owns the facility where
radioactive material is to be used or stored; or (b) A statement verifying that the facility owner has been
informed, in writing, of the use or storage of radioactive material at the
facility, and that the use of such material is subject to the rules of the
director. (B) An application for a specific license
to decontaminate equipment, land, or facilities contaminated with TENORM in
excess of the levels set forth in rule 3701:1-43-15 of the Administrative Code,
as applicable, and to dispose of the resulting waste will be approved if the
applicant satisfies the general requirements specified in paragraph (A) of rule
3701:1-43-10 of the Administrative Code. (C) An application for a specific license
to transfer or manufacture or distribute consumer or retail products containing
TENORM to persons exempted from these rules pursuant to paragraph (B) of rule
3701:1-43-07 of the Administrative Code will be approved if: (1) The applicant
satisfies the general requirements specified in paragraph (A) of rule
3701:1-43-10 of the Administrative Code; (2) The TENORM is not
contained in any food, beverage, cosmetic, drug, or other commodity designed
for ingestion or inhalation by, or application to, a human being;
and (3) The applicant submits
sufficient information relating to the design, manufacture, prototype testing,
quality control procedures, labeling or marking, and conditions of handling,
storage, use, and disposal of the TENORM product to demonstrate that the
product will meet the safety criteria set forth in rule 3701:1-43-11 of the
Administrative Code. The information will include: (a) A description of the product and its intended use or
uses; (b) The type, quantity, and concentration of TENORM in each
product; (c) The chemical and physical form of the TENORM in the product
and changes in chemical and physical form that may occur during the useful life
of the product; (d) An analysis of the solubility in water and body fluids of the
radionuclides in the product; (e) The details of manufacture and design of the product relating
to containment and shielding of the TENORM and other safety features under
normal and severe conditions of handling, storage, use, reuse, and disposal of
the product; (f) The degree of access of human beings to the TENORM product
during normal handling, use, and disposal; (g) The total quantity of TENORM expected to be distributed
annually in the product; (h) The expected useful life of the product; (i) The proposed method of labeling or marking each unit of the
product with identification of the manufacturer or initial transferor of the
product and the radionuclides and quantity of TENORM in the
product; (j) The procedures for prototype testing of the product to
demonstrate the effectiveness of the containment, shielding, and other safety
features under both normal and severe conditions of handling, storage, use,
reuse, and disposal; (k) The results of the prototype testing of the product,
including any change in the form of the TENORM contained in it, the extent to
which the TENORM may be released to the environment, any change in radiation
levels, and any other changes in safety features; (l) The estimated external radiation doses and committed dose
equivalent relevant to the safety criteria in rule 3701:1-43-11 of the
Administrative Code and the basis for such estimates; (m) A determination that the probabilities with respect to doses
referred to in rule 3701:1-43-11 of the Administrative Code meet the safety
criteria; (n) The quality control procedures to be followed in the
processing of production lots of the product, and the quality control standards
the product will be obliged to meet; and (o) Any additional information, including experimental studies
and tests, prescribed by the director to facilitate a determination of the
radiation safety of the product. (D) Notwithstanding the provisions of
paragraph (B) of rule 3701:1-43-11 of the Administrative Code, the director may
deny an application for a specific license if the end uses of the product are
frivolous or cannot be reasonably foreseen. (E) Upon a determination that an
application meets the requirements of Chapter 3748. of the Revised Code and the
rules adopted thereunder, the director will issue a specific license
authorizing the possession and use of TENORM.
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Rule 3701:1-43-11 | Safety criteria for consumer and retail products.
An applicant for a license pursuant to paragraph
(C) of rule 3701:1-43-10 of the Administrative Code, will demonstrate that the
product is designed and will be manufactured so that: (A) In normal use and disposal of a
single exempt item, and in normal handling and storage of the quantities of
exempt items likely to accumulate in one location during marketing,
distribution, installation, and servicing of the product, it is unlikely that
the dose in any one year, to a suitable sample of the group of individuals
expected to be most highly exposed to radiation or radioactive material from
the product will exceed the doses in column I of the table in the appendix to
this rule. (B) In use and disposal of a single
exempt item and in handling and storage of the quantities of exempt items
likely to accumulate in one location during marketing, distribution,
installation, and servicing of the product, the probability is low (not more
than one such failure per year for each ten thousand exempt units distributed)
that the containment, shielding, or other safety features of the product would
fail under such circumstances that a person would receive an external radiation
dose or committed dose equivalent in excess of the dose to the appropriate part
of the body as specified in column II of the table in the appendix to this rule
and the probability is negligible (not more than one such failure per year for
each one million exempt units distributed) that a person would receive an
external radiation dose or committed dose equivalent in excess of the dose to
the appropriate part of the body as specified in column III of the table in the
appendix to this rule. (C) It is unlikely that there will be a
significant reduction in the effectiveness of the containment, shielding, or
other safety features of the product from wear and abuse likely to occur in
normal handling and use of the product during its useful life.
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Rule 3701:1-43-12 | Terms and conditions of licenses.
(A) General terms and conditions of
licenses include: (1) Each license issued
pursuant to the rules in Chapter 3701:1-43 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 director. (2) No license issued or
granted pursuant to the rules in Chapter 3701:1-43 of the Administrative Code
shall be transferred, assigned, or in any manner disposed of, either
voluntarily or involuntarily, directly or indirectly, through transfer of
control of any license to any person, unless the director shall, after securing
full information, find that the transfer is in accordance with the provisions
of Chapter 3748. of the Revised Code and rules promulgated thereunder, and
shall give consent in writing. (3) 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. (4) Each person licensed
by the director pursuant to the rules in Chapter 3701:1-43 of the
Administrative Code shall confine his possession and use of TENORM 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 3701:1-43 of
the Administrative Code shall carry with it the right to receive, possess, and
use TENORM. Preparation for shipment and transport of TENORM shall be in
accordance with the provisions of Chapter 3701:1-50 of the Administrative
Code. (5) The director 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 TENORM subject to this chapter as it deems appropriate or necessary
in order to: (a) Protect health or to minimize danger to life or
property; (b) 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; and (c) Prevent loss, theft, or loss of control of TENORM subject to
this chapter. (6) (a) Each licensee shall notify the director by certified mail
within ten business days of the commencement of a voluntary or involuntary
bankruptcy petition that has been filed by or against: (i) The
licensee; (ii) 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 (iii) An affiliate of the
licensee, defined in this rule as an entity that directly or indirectly owns,
controls, or holds with power to vote, twenty per cent or more of the
outstanding voting securities of the debtor, other than an entity that holds
such securities: (a) In a fiduciary or
agency capacity without sole discretionary power to vote such securities;
or (b) Solely to secure a
debt, if such entity has not in fact exercised such power to vote. (b) This notification must indicate: (i) The bankruptcy court
in which the petition for bankruptcy was filed; and (ii) The date of the
filing of the petition. (7) Each licensee shall
notify the director in writing prior to commencing activities to reclaim the
licensed facility and site. (8) When a licensee has
permanently ceased use of radioactive materials at a site or portion of a
facility and the licensee has not decontaminated the area, or when an area has
not been used for a period of two years, the licensee shall, within sixty days,
provide the following information in writing to the director: (a) The location of the facility, site, or area; (b) The plan for reclaiming or decontaminating the facility, site
or area; and (c) An evaluation of any changes to the financial assurance
submitted in accordance with rule 3701:1-43-13 of the Administrative
Code. (9) For temporary
jobsites: (a) When temporary jobsites are authorized on a specific license,
TENORM may be used at temporary jobsites throughout the state of Ohio in
accordance with the reciprocal recognition provisions of rule 3701:1-43-19 of
the Administrative Code, in areas not under exclusive federal
jurisdiction. (b) Before TENORM can be used at a temporary jobsite at any
federal facility within the state of Ohio, the jurisdictional status of the
jobsite shall be determined as it pertains to the TENORM. Authorization for use
of TENORM at jobsites under exclusive federal jurisdiction shall be obtained
from the applicable federal agency. (B) Each person licensed under rule
3701:1-43-10 of the Administrative Code shall: (1) Carry out adequate
control procedures in the manufacture of the product to assure that each
production lot meets the quality control standards approved by the
director; (2) Label or mark each
unit so that the manufacturer, processor, producer, or initial transferor of
the product and the TENORM in the product can be identified; and (3) Maintain records
identifying, by name and address, each person to whom TENORM is transferred for
use under paragraph (B) of rule 3701:1-43-07 of the Administrative Code, or the
equivalent regulations of another licensing state, and stating the kinds,
quantities, and uses of TENORM transferred. An annual summary report stating
the total quantity of each radionuclide transferred under the specific license
shall be filed with the director. Each report shall cover the year ending
December thirty-first, and shall be filed within ninety days thereafter. If no
transfers of TENORM have been made pursuant to paragraph (C) of rule
3701:1-43-10 of the Administrative Code during the reporting period, the report
shall so indicate.
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Rule 3701:1-43-13 | Financial assurance and record keeping for decommissioning.
Each licensee or applicant for a license subject to
the requirements of rule 3701:1-43-10 of the Administrative Code will post with
the director, financial assurance, or security, to ensure the protection of the
public health and safety and the environment in the event of abandonment,
default, or other inability or unwillingness of the licensee to meet the
requirements of Chapter 3748. of the Revised Code. Financial assurance
arrangements will: (A) Consist of financial assurance for
decommissioning, either by a decommissioning funding plan or certification of
financial assurance, provided by the licensee and approved by the director
prior to the issuance of the license and provided by one or more of the
following methods: (1) Prepayment by
depositing into an account segregated from licensee assets and outside the
licensee's administrative control, cash or liquid assets such that the
amount of funds will be sufficient to pay decommissioning costs. Prepayment may
be in the form of a trust, escrow account, government fund, certificate of
deposit, or deposit of government securities. (2) Surety, insurance, or
other method in accordance with paragraph (F) of rule 3701:1-40-17 of the
Administrative Code, that guarantees that decommissioning costs will be paid. A
surety method may be in the form of a surety bond, letter of credit, or line of
credit. A guarantee by the applicant or licensee will not be used in
combination with any other financial methods used to satisfy the requirements
of this paragraph or in any situation where the applicant or licensee has a
parent company holding majority control of the voting stock of the
company. (3) A parent company
guarantee of funds for decommissioning costs based on a financial test may be
used provided that the parent company meets the requirements specified in
appendix B to rule 3701:1-40-17 of the Administrative Code. A parent company
guarantee will not be used in combination with other financial methods to
satisfy the requirements of this rule. (4) For commercial
corporations that issue bonds, a guarantee of funds by the applicant or
licensee for decommissioning costs based on a financial test may be used
provided that the guarantee meets the requirements of appendix C to rule
3701:1-40-17 of the Administrative Code. (5) For commercial
companies that do not issue bonds, a guarantee of funds for decommissioning
costs may be used provided that the guarantee meets the requirements of
appendix D to rule 3701:1-40-17 of the Administrative Code. (6) For nonprofit
colleges, universities, hospitals, or research and development entities, a
guarantee of funds for decommissioning costs may be used provided that the
guarantee meets the requirements of appendix E to rule 3701:1-40-17 of the
Administrative Code. The director may need proof of nonprofit
status. (7) An external sinking
fund in which deposits are made at least annually, coupled with a surety method
or insurance, the value of which may decrease by the amount being accumulated
in the sinking fund. An external sinking fund is a fund established and
maintained by setting aside funds periodically in an account segregated from
licensee assets and outside the licensee's administrative control in which
the total amount of funds would be sufficient to pay decommissioning costs at
the time termination of operation is expected. An external sinking fund may be
in the form of a trust, escrow account, government fund, certificate of
deposit, or deposit of government securities. The surety or insurance
provisions will be as stated in paragraph (A)(2) of this rule. (8) In the case of state
or local government licensee, a statement of intent containing a cost estimate
for decommissioning or an amount specified in paragraphs (C)(1) to (C)(3) of
rule 3701:1-40-17 of the Administrative Code, and indicating that funds for
decommissioning will be obtained when necessary. As used in this rule,
"state or local government licensee" does not include government
owned or assisted colleges, universities or hospitals. (B) Each decommissioning funding plan
will contain a cost estimate for decommissioning and a description of the
method of assuring funds for decommissioning in accordance with paragraph (A)
of this rule, including the means for adjusting cost estimates and associated
funding levels at each renewal over the life of the facility. The
decommissioning funding plan will 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 (A) of this
rule. (C) Be established prior to issuance of
the license or the commencement of operations to assure that sufficient funds
will be available to carry out the decontamination and decommissioning of the
facility; (D) Be continuous for the duration of the
license and for a period coincident with the applicant or licensee's
responsibility under Chapter 3748. of the Revised Code and the rules
promulgated thereunder; and (E) Be available in Ohio subject to
judicial process and execution in the event needed for the purposes set
forth.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-14 | Expiration and termination of specific 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 director order. (C) Each specific license will continue
in effect and will be renewed during the decommissioning period until the
director notifies the licensee in writing after decommissioning that the
license is terminated. During this time, the licensee will: (1) Limit actions
involving TENORM to those related to decommissioning; and (2) Continue to control
entry to any restricted area until that area is suitable for release in
accordance with director requirements as may be imposed by Chapter 3748. of the
Revised Code or rules adopted thereunder. (D) A licensee will provide written
notice to the director within sixty days of the occurrence of any of the
following, in accordance with rule 3701:1-43-04 of the Administrative
Code: (1) The license has
expired; (2) The licensee has
decided to permanently cease licensed activities at the entire site or in any
separate building, room, or outdoor area that is unsuitable for release in
accordance with the definition of "decommissioning" in Chapter 3748.
of the Revised Code and the regulations for decommissioning in rule
3701:1-38-22 of the Administrative Code; (3) No licensed
activities have been conducted for a period of twenty-four months;
or (4) No licensed
activities have been conducted for a period of twenty-four months in any
separate building, room, or outdoor area that contains residual radioactivity
such that the building, room, or outdoor area is unsuitable for release in
accordance with Chapter 3748. of the Revised Code and the rule adopted
thereunder. (E) In the event of an occurrence as set
forth in paragraph (D) of this rule, the licensee will either: (1) Begin decommissioning
the site, and any separate building, room or outdoor area that contains
residual radioactivity so that the site, building, room and outdoor area are
suitable for release in accordance with Chapter 3748. of the Revised Code and
the rules adopted thereunder; or (2) If prescribed by
paragraph (H)(1) of this rule, submit within twelve months of notification, a
decommissioning plan and begin decommissioning upon the director's
approval of that plan. (F) In addition to written notification
of an occurrence, the licensee will maintain all decommissioning financial
assurances established by the licensee pursuant to rule 3701:1-43-12 of the
Administrative Code in conjunction with a license issuance or renewal or as
prescribed by this rule. (G) The director may grant a request to
extend the twelve-month time period to submit a decommissioning plan
established in paragraph (E)(2) of this rule provided that the director
determines that the alternative schedule is necessary to the effective conduct
of decommissioning operations and that the extension is not detrimental to the
public health and safety or the environment and is otherwise in the public
interest. The extension request will be submitted no later than thirty days
after the occurrence for which notification is prescribed. Decommissioning set
forth in paragraph (E)(2) of this rule will not commence until the director has
made a determination on the extension request. (H) The licensee will submit a
decommissioning plan to the director prior to commencing any decommissioning in
the following cases: (1) If prescribed by
license condition; or (2) If the procedures and
activities necessary to carry out decommissioning of the site or separate
building, room, or outdoor area have not been previously approved by the
director and these procedures could increase potential health and safety risk
to workers or to the public, such as in any of the following
cases: (a) Decommissioning procedures would involve techniques not
applied routinely during cleanup or maintenance operations; (b) Workers would be entering areas not normally occupied where
surface contamination and radiation levels are significantly higher than
routinely encountered during operation; or (c) Decommissioning procedures could result in significantly
greater releases of radioactive material to the environment than those
associated with operation. (I) A proposed decommissioning plan for a
site or separate building, room or outdoor area will include the
following: (1) A description of the
conditions of the site or separate building, room or outdoor area sufficient to
evaluate the acceptability of the plan; (2) A description of
planned decommissioning activities; (3) A description of
methods used to ensure protection of workers and the environment against
radiation hazards during decommissioning; (4) A description of the
planned final radiation survey; (5) An updated detailed
cost estimate for decommissioning, comparison of that estimate with present
funds set aside for decommissioning, and a plan for assuring the availability
of adequate funds for completion of decommissioning; and (6) In the case of a
decommissioning plan that results in the licensee completing decommissioning
later than twenty-four months after plan approval, the plan will include a
justification for the delay based on the criteria in paragraph (K) of this
rule. The proposed decommissioning plan will be approved by the director if the
information therein demonstrates compliance with Chapter 3748. of the Revised
Code and the rules adopted thereunder, 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. (J) Except as provided in paragraph (K)
of this rule, a licensee will: (1) Complete
decommissioning of the site or separate building or outdoor area as soon as
practicable but no later than twenty-four months following the initiation of
decommissioning; and (2) When decommissioning
involves the entire site, the licensee will request license termination as soon
as practicable but no later than twenty-four months following the initiation of
decommissioning, unless the decommissioning is still actively in
progress. (K) The director may approve a request
for an alternative schedule for completion of decommissioning and license
termination. In considering whether an alternative schedule is warranted, the
director will consider the following: (1) Whether it is
technically feasible to complete decommissioning within a twenty-four month
period; (2) Whether sufficient
waste disposal capacity is available to allow completion of decommissioning
within a 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) Any other factor that
the director finds is unique to the site, such as the regulatory requirements
of other government agencies, lawsuits, groundwater treatment activities,
monitored natural groundwater restoration, actions that could result in more
environmental harm than deferred cleanup, and other factors beyond the control
of the licensee. (L) After decommissioning the site, the
licensee will: (1) Certify the
disposition of all licensed material, including accumulated wastes, by
submitting a completed form HEA 5119, disposition of radioactive materials,
provided by the director; and (2) Conduct a radiation
survey of the premises where the licensed activities were carried out and
submit a report of the results of this survey, unless the licensee demonstrates
in some other manner that the premises are suitable for release in accordance
with the criteria for decommissioning set forth in rules promulgated pursuant
to Chapter 3748. of the Revised Code. The licensee will survey and report as
follows: (a) Levels of gamma radiation expressed in the SI unit of
sieverts or in the special unit of rem, or their multiples, per unit of time at
one meter from surfaces; (b) Levels of removable and fixed surface radioactive
contamination, including alpha and beta, expressed in the SI unit of
becquerels, disintegrations per minute, or in the special unit of curies, or
their multiples, per one hundred square centimeters; (c) Levels of volumetric radioactive contamination as
follows: (i) For water, results
should be expressed in the SI unit of becquerels, disintegrations per minute,
or in the special unit of or curies, or their multiples, per milliliter of
water; and (ii) For solids such as
soils or concrete, results should be expressed in the SI unit of becquerels,
disintegrations per minute, or in the special unit of or curies, or their
multiples, per gram; and (d) Identification of any survey instrument used and a
certification that each instrument was properly calibrated and tested prior to
being used to measure radioactivity at the site. (M) Specific licenses, including expired
licenses, will be terminated by written notice to the licensee when the
director determines that: (1) TENORM has been
properly disposed; (2) Reasonable effort has
been made to eliminate residual radioactive contamination, if
present; (3) A radiation survey
has been performed which demonstrates that the premises are suitable for
release in accordance with the criteria for decommissioning, or other
information is submitted by the licensee that is sufficient to demonstrate that
the premises are suitable for release in accordance with the criteria for
decommissioning in this chapter and rule 3701:1-38-22 of the Administrative
Code adopter pursuant to Chapter 3748. of the Revised Code; and (4) All applicable fees
have been paid.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-15 | Unrestricted use and conditional release.
The following criteria apply for persons subject to
a specific or general license under this chapter: (A) Equipment can be released from the
site for unrestricted use when that equipment is not contaminated with TENORM
at levels greater than those in the appendix to this rule. Upon application,
specific approval of alternative levels may be granted by the
director. (B) The director will release a site for
unrestricted use upon request by the licensee who has demonstrated to the
director that the following applicable criteria have been met: (1) The average member of
the critical group will not receive annually a public dose in excess of 0.25
millisievert (0.025 rem) TEDE from residual radioactive materials on site other
than residual TENORM radium-226 and radium-228 and their progeny; (2) The concentration of
residual TENORM radium-226 and radium-228, on land averaged over one hundred
square meters, is less than one hundred eighty-five becquerels per kilogram
(five picocuries per gram) above the background concentration, averaged over
any fifteen centimeter layer of soil. The fifteen centimeter layers are
contiguous depth increments from the surface down. Each of the progeny
radionuclides of the residual TENORM radium-226 and radium-228 may also be
present in concentrations similar to the residual TENORM radium-226 and
radium-228 concentration; (3) Where residual TENORM
radium-226 and radium-228 and their progeny and other residual TENORM
radionuclide contamination are present, the sum of fractions will be used for
combining the criteria of paragraph (B)(1) and paragraph (B)(2) of this rule.
The sum of fractions is determined by dividing each average radium
concentration by the radium limit of one hundred eighty-five becquerels per
kilogram (five picocuries per gram) and dividing the estimated annual dose from
other residual TENORM radionuclides by 0.25 millisievert (0.025 rem) and then
adding the ratios together. The sum of the fractions will be less than, or
equal to, one to meet this criterion; and (4) All license
termination requirements in rule 3701:1-38-22 of the Administrative Code have
been satisfied. (C) Persons with a specific license will
comply also with requirements of paragraphs (A)(7) and (A)(8) of rule
3701:1-43-12 of the Administrative Code and rule 3701:1-43-14 of the
Administrative Code that are applicable to remediation and termination of the
license. (D) Persons with a general license will
also notify the director in writing prior to commencing activities to reclaim
the site. Decontamination activities need a specific license. (E) Actions taken to confine TENORM on
site or to remediate sites will be based on expected longevity-related controls
for one thousand years. (F) Equipment contaminated with TENORM in
excess of levels specified in the appendix to this rule may be transferred
pursuant to paragraph (E) of rule 3701:1-43-08 of the Administrative
Code. (G) Other transfers of TENORM will be in
accordance with rules 3701:1-43-03, 3701:1-43-08, and 3701:1-43-18 of the
Administrative Code. (H) When a general licensee has
permanently ceased use of radioactive materials at a site or portion of a site
or facility or when an area has not been used for a period of two years, the
licensee will, within sixty days, provide the following information in writing
to the director: (1) The location of the
site or area; and (2) The plan for
reclaiming or decontaminating the site or area.
Last updated May 26, 2023 at 1:06 PM
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Rule 3701:1-43-16 | Reporting requirements.
(A) Except as provided in paragraph (D)
of this rule, 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 action necessary to avoid exposure to radiation or
radioactive material that could exceed regulatory limits, or a release of
licensed material that could exceed regulatory limits. An event that requires
such an immediate report may include a fire, explosion, or toxic gas
release. (B) Each licensee shall notify the
director within twenty-four hours after the discovery of any of the following
events involving licensed material: (1) An unplanned
contamination event that involves: (a) Access to the contaminated area, by workers or the public, to
be restricted for more than twenty-four hours by imposing additional
radiological controls or by prohibiting entry into the area; (b) A quantity of material greater than five times the lowest
annual limit on intake specified in the appendices to rule 3701:1-38-12 of the
Administrative Code; and (c) Access to the area restricted for a reason other than to
allow radionuclides with a half-life of less than twenty-four hours to decay
prior to decontamination; (2) An event in which
equipment is disabled or fails to function as designed when: (a) The equipment is required by regulation or license condition
to prevent a release exceeding regulatory limits, to prevent exposure to
radiation or radioactive material exceeding regulatory limits, or to mitigate
the consequences of an accident; (b) The equipment is required to be available and operable when
it is disabled or fails to function; and (c) No redundant equipment is available and operable to perform
the required safety function; (3) An event that
requires unplanned medical treatment of an individual with spreadable
radioactive contamination on the individual's clothing or body;
and (4) An unplanned fire or
explosion damaging any licensed material or any device, container, or equipment
containing licensed material when: (a) The quantity of material involved is greater than five times
the lowest annual limit on intake specified in the appendices to rule
3701:1-38-12 of the Administrative Code; and (b) The damage affects the integrity of the licensed material or
its container. (C) The licensee shall prepare and submit
a report in response to the requirements of this rule as follows: (1) Licensees shall make
reports required by paragraphs (A) and (B) of this rule by telephone, to the
director at the telephone number listed in the notice to employees required by
paragraph (A)(1)(e) of rule 3701:1-38-10 of the Administrative Code. To the
extent that the information is available at the time of notification, the
information provided in these reports must include: (a) The caller's name and call back telephone
number; (b) A description of the event, including date and
time; (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 report contains all of the necessary information and the
appropriate distribution is made. These written reports shall be sent to the
director in the manner specified in rule 3701:1-43-04 of the Administrative
Code. The report must include the following: (a) A description of the event, including the probable cause and
the manufacturer and model number, if applicable, of any equipment that failed
or malfunctioned; (b) The exact location of the event; (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. (D) This rule applies to all licensees
possessing material licensed under rule 3701:1-38-02 of the Administrative
Code. This rule does not apply to material under a license subject to the
notification requirements in 10 C.F.R. 50.72 (as in effect on the effective
date of this rule). (E) An applicant for a license or a
licensee shall notify the director within two working days of information
identified by the applicant or licensee as having for the regulated activity,
an active adverse impact on equipment or personnel readily obvious by human
observation or instrumentation, or a radiological impact on personnel or the
environment in excess of regulatory limits. An applicant or licensee violates
this paragraph only if the applicant or licensee fails to notify the director
of information that the applicant or licensee has or should have
identified.
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Rule 3701:1-43-17 | Records.
(A) Each person who receives TENORM under
a license issued pursuant to the rules in Chapter 3701:1-43 and rule
3701:1-38-02 of the Administrative Code, will keep records showing the receipt,
transfer, and disposal of the TENORM as follows: (1) The licensee will
retain each record of receipt of TENORM as long as the material is possessed
and for three years following transfer or disposal of the
material. (2) The licensee who
transferred the material will retain each record of transfer for three years
after each transfer unless otherwise specified by rule for that particular
licensed activity. (3) The licensee who
disposed of the material will retain each record of disposal of TENORM until
the director terminates each license that authorizes disposal of the
material. (4) The licensee will
keep records of information important to the safe and effective reclamation of
a facility in an identified location until the license is terminated by the
director. If records of relevant information are maintained for other purposes,
reference to these records and their locations may be used. As used in this
rule "reclaiming" means returning property to a condition or state
such that the property no longer presents a health or safety hazard or threat
to the environment. This includes, but is not limited to, those activities
necessary to decommission the licensed facility such as safely removing a
facility from service, reducing the residual radioactivity to a level that
permits release of the property for unrestricted use, and termination of the
license. Information important to reclaiming includes: (a) 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 will include any known
information on identification of involved radionuclides, quantities, forms and
concentrations; and (b) As-built drawings and modifications of structures and
equipment in restricted areas where radioactive materials are used or stored,
and of locations of possible inaccessible contamination, such as buried pipes
which may be subject to contamination. If needed drawings are referenced, each
relevant document need not be indexed individually. If drawings are not
available, the licensee will substitute appropriate records of available
information concerning these areas and locations. (B) Except as provided in paragraph (C)
of this rule, the licensee will retain each record that is prescribed by
Chapter 3701:1-38 and Chapter 3701:1-43 of the Administrative Code, or by
license condition for the period specified by the appropriate regulation or
license condition. If a retention period is not otherwise specified by rule or
license condition, the record will be retained until the director terminates
each license that authorizes the activity that is subject to the record-keeping
requirement. Such records may be either the original record or a reproduced
copy or microform, provided that such copy or microform is duly authenticated
by authorized personnel and the microform is capable of producing a clear and
legible copy after storage for the period specified by the director. The record
also may be stored in electronic media provided that the licensee is capable of
producing legible, accurate, and complete records during the prescribed
retention period. Records such as letters, drawings, specifications, will
include all pertinent information such as stamps, initials, and signatures. The
licensee will maintain adequate safeguards against record tampering and
loss. (C) In the case of a conflict between a
record requirement specified in rule and that requirement specified as a
license condition, the licensee will comply with the license
condition.
Last updated May 15, 2023 at 1:06 AM
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Rule 3701:1-43-18 | Disposal and transfer of waste for disposal.
(A) A licensee will dispose of licensed
TENORM material in accordance with this rule. Licensed TENORM material will be
disposed of in one of the following manners: (1) By transfer of the
wastes for storage, treatment, or disposal at a facility licensed by the
director, the applicable agency of another state, or the United States nuclear
regulatory commission, or authorized by the United States department of energy
for storage, treatment, or disposal of TENORM; (2) By transfer of the
wastes for storage, treatment, or disposal to a facility licensed by the
director, the applicable agency of another state, or the United States nuclear
regulatory commission for storage, treatment or disposal of low-level
radioactive waste unless the disposal facility license prohibits disposal of
TENORM; (3) By disposal in an
injection well approved in accordance with Chapter 3745-34 of the
Administrative Code, or by transfer for disposal at an out-of-state injection
well approved by the applicable governmental authority; (4) By transfer for
disposal in another state as otherwise approved by the applicable governmental
authority and with written approval of the director; or (5) In accordance with
alternate methods authorized by the permitting agency for the disposal site
upon application or upon the director's initiative, consistent with rule
3701:1-38-19 of the Administrative Code and, where applicable, the Clean Water
Act (33 U.S.C. 1251 et. seq as amended, as published in the United States
Code, 2006 edition), Safe Drinking Water Act (42 U.S.C. 300f et. seq. as
amended, as published in the United States Code, 2006 edition) and other
requirements of the United States environmental protection agency for disposal
of such wastes. (B) Records of disposal, including
manifests for TENORM, will be maintained consistent with the provisions of rule
3701:1-38-20 of the Administrative Code. (C) Purposeful dilution of TENORM waste
for the sole purpose of making the waste exempt from the disposal requirements
will not be performed without prior director approval. The criteria in rule
3701:1-38-19 of the Administrative Code will be used by the director to
determine whether or not to approve such a request. Dilution resulting from
normal product processing is not considered purposeful dilution.
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Rule 3701:1-43-19 | Recognition of state licenses - reciprocity.
(A) Any person who holds a specific
license from another state, issued by the department having jurisdiction where
the licensee maintains an office for directing the licensed activity and at
which radiation safety records are normally maintained, will be granted
reciprocity in the state of Ohio to conduct the same licensed activity provided
that: (1) The reciprocity form
is current; (2) The person has not
violated Chapter 3748. of the Revised Code or the rules adopted
thereunder; (3) The person applies
for reciprocity as outlined in this rule; (4) The person notifies
the director at least three days in advance of each entry into the state after
the reciprocity agreement has been granted unless all dates and locations are
specified within the agreement document; and (5) There is no permanent
location in Ohio requiring a specific license for radioactive
materials. (B) The person will not transfer or
dispose of TENORM possessed or used under the reciprocity agreement provided in
paragraph (A) of this rule except by transfer to a person: (1) Specifically licensed
by the director or by another licensing state to receive such TENORM;
or (2) Exempt from the
requirements for a license for such TENORM under rule 3701:1-43-07 of the
Administrative Code. (C) A person applying for reciprocity in
the state of Ohio as specified in paragraph (A) of this rule will do the
following: (1) At least three days
prior to engaging in each activity for the first time in a calendar year, the
person will submit on a form provided by the director, an application for
reciprocity to conduct the activity in the state of Ohio, a copy of his or her
state specific license, and the appropriate fee as prescribed in rule
3701:1-38-02 of the Administrative Code. If the person, due to an emergency, is
unable to file the submittal three days before engaging in activities under
reciprocity, the director may waive the three-day time requirement provided
that the licensee: (a) Informs the director by telephone or facsimile of the
information provided on the reciprocity application; (b) Receives oral or written authorization for the activity from
the director; and (c) Within three days after the notification, files the
reciprocity application form, a copy of the state license, and the appropriate
fee. (2) The person will file
an amended reciprocity form with the appropriate fee with the director to
request approval for changes in work locations, radioactive material, or work
activities different from the information contained on the initial reciprocity
application. (D) An Ohio reciprocity agreement will
expire on the last day of December of the same year that the reciprocity
agreement was issued. (E) A licensee that is engaging in
activities authorized by an Ohio reciprocity agreement will comply with all
terms and conditions of the specific license for which Ohio reciprocity was
issued, except for such terms or conditions as are contrary to the requirements
of this rule. (F) No person will engage in the
activities authorized by an Ohio reciprocity agreement for more than one
hundred eighty days in any calendar year.
Last updated May 15, 2023 at 1:06 AM
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