This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3701:1-56-01 | Purpose and scope.
Effective:
October 8, 2007
(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.
Last updated August 1, 2023 at 2:49 PM
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Rule 3701:1-56-02 | General license for calibration or reference sources.
Effective:
September 1, 2012
(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.
Last updated August 1, 2023 at 2:49 PM
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Rule 3701:1-56-03 | General license to own special nuclear material.
Effective:
April 14, 2003
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.
Last updated August 1, 2023 at 2:49 PM
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Rule 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 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.
Last updated May 23, 2022 at 7:59 AM
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Rule 3701:1-56-05 | Inalienability of licenses.
Effective:
November 22, 2013
(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.
Last updated August 1, 2023 at 2:49 PM
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Rule 3701:1-56-06 | Specific licenses for the manufacture or initial transfer of calibration or reference sources.
Effective:
September 1, 2012
(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.
Last updated August 1, 2023 at 2:49 PM
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Rule 3701:1-56-07 | Authorized use of special nuclear material.
Effective:
August 26, 2016
(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.
Last updated August 1, 2023 at 2:50 PM
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Rule 3701:1-56-08 | Transfer of special nuclear material.
Effective:
September 1, 2012
(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.
Last updated August 1, 2023 at 2:50 PM
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Rule 3701:1-56-09 | Reporting requirements.
Effective:
August 26, 2016
(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) Caller's name,
position title, and call back telephone number; (b) Date, time, and exact
location of the event; (c) Description of the
event, including: (i) Radiological or chemical hazards involved, including
isotopes, quantities, and chemical and physical form of any material
released; (ii) Actual or potential health and safety consequences to
the workers, the public, and the environment, including relevant chemical and
radiation data for actual personnel exposures to radiation or radioactive
materials or hazardous chemicals produced from licensed materials (e.g., level
of radiation exposure, concentration of chemicals, and duration of
exposure); (iii) The sequence of occurrences leading to the event,
including degradation or failure of structures, systems, equipment, components,
and activities of personnel relied on to prevent potential accidents or
mitigate their consequences; and (iv) Whether the remaining structures, systems, equipment,
components, and activities of personnel relied on to prevent potential
accidents or mitigate their consequences are available and reliable to perform
their function; (d) External conditions
affecting the event; (e) Additional actions
taken by the licensee in response to the event; (f) Status of the event
(e.g., whether the event is on-going or was terminated); (g) Current and planned
site status, including any declared emergency class; (h) Notifications,
related to the event, that were made or are planned to any local, state, or
federal agencies; and (i) Status of any press
releases, related to the event, that were made or are planned. (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) Complete applicable
information required by paragraph (C)(1) of this rule; (b) The probable cause of
the event, including all factors that contributed to the event and the
manufacturer and model number (if applicable) of any equipment that failed or
malfunctioned; and (c) Corrective actions
taken or planned to prevent occurrence of similar or identical events in the
future and the results of any evaluations or assessments.
Last updated August 1, 2023 at 2:50 PM
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Rule 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 in effect on the effective date of this rule). (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.
Last updated May 23, 2022 at 7:59 AM
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Rule 3701:1-56-11 | License requirements.
Effective:
September 1, 2012
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.
Last updated August 1, 2023 at 2:51 PM
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Rule 3701:1-56-12 | Communications.
Effective:
August 26, 2016
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 Environmental Health and Radiation
Protection 246 North High Street Columbus, Ohio 43215"
Last updated August 1, 2023 at 2:51 PM
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Rule 3701:1-56-13 | Completeness and accuracy of information.
Effective:
September 1, 2012
(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.
Last updated August 1, 2023 at 2:51 PM
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Rule 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" (Pub.L. 93-438, 88 Stat. 1233, 42 U.S.C. 5842) 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" (Pub.L. 93-438, 88 Stat. 1233, 42
U.S.C. 5842) 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
"Energy Reorganization Act of 1974" (Pub.L. 93-438, 88 Stat. 1233, 42
U.S.C. 5842) 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.
Last updated May 23, 2022 at 8:00 AM
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Rule 3701:1-56-15 | Carriers.
Effective:
October 8, 2007
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.
Last updated August 1, 2023 at 2:51 PM
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Rule 3701:1-56-16 | Specific exemptions.
Effective:
September 1, 2012
(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.
Last updated August 1, 2023 at 2:51 PM
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Rule 3701:1-56-17 | Types of licenses.
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 rule 3701:1-38-02 of the Administrative Code.
Last updated May 23, 2022 at 8:00 AM
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Rule 3701:1-56-18 | Requirements for the approval of applications.
Effective:
September 1, 2012
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.
Last updated August 1, 2023 at 2:51 PM
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Rule 3701:1-56-19 | Financial assurance and recordkeeping for decommissioning.
Effective:
November 22, 2013
(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.
Last updated August 1, 2023 at 2:51 PM
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Rule 3701:1-56-20 | Issuance of licenses.
Effective:
September 1, 2012
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.
Last updated August 1, 2023 at 2:52 PM
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Rule 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 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. 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 5119 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
paragraph (B)(5) of rule 3701:1-56-10 of the Administrative Code have been
received. (L) As used in this rule, "principal
activities" means activities authorized by the license which are essential
to achieving the purpose(s) for which the license was issued or amended.
Storage during which no licensed material is accessed for use or disposal and
activities incidental to decontamination or decommissioning are not principal
activities.
Last updated May 23, 2022 at 8:00 AM
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