Ohio Administrative Code
Title 3701:1 - Radiation Control
Chapter 3701:1-40 - Licensing of Radioactive Material
Section 3701:1-40-27 - Exemptions and continued regulatory authority in agreement states and in offshore waters under section 274 of the Atomic Energy Act
Universal Citation: OH Admin Code 3701:1-40-27
Current through all regulations passed and filed through March 18, 2024
(A) Except as provided in paragraph (B) of this rule, a person who receives, possesses, uses or transfers byproduct material, source, or special nuclear material in Ohio, in quantities not sufficient to form a critical mass is required to obtain a license from Ohio in accordance with Chapter 3748. of the Revised Code, and rule 3701:1-38-02 of the Administrative Code.
(B) The following activities are exempt based on section 3748.21 of the Revised Code since these activities are under United States nuclear regulatory commission jurisdiction:
(1)
Activities set forth in
10 C.F.R.
150.15
,
(as in effect on the
effective date of this rule) and any person in offshore waters with
respect to byproduct, source, and special nuclear material.
(2) All persons who knowingly provide to any
licensee, contractor, or subcontractor, components, equipment, materials, or
other goods or services that relate to a licensee's activities, and as such,
may be individually subject to enforcement action by the United States nuclear
regulatory commission for violation of
10 C.F.R.
30.10,
40.10, and
70.10
,
(as in effect on the effective date of this rule)
if applicable, for radioactive material taken or used in a non-agreement state
outside of the state of Ohio or within Ohio under exclusive federal
jurisdiction.
(3) Any federal
government agency as that term is defined in
10
C.F.R. 150.3
(as in effect on the effective date of this
rule).
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