Current through Register Vol. 63, No. 9, September 1, 2024
(1) Because
virtually all materials contain some radioactivity, the purpose of the rules in
OAR 345-050-0006 through 345-050-0039 is to identify those materials that
present such small health hazards that they are not considered to be
radioactive waste and may be disposed of within the state.
(2) OAR 345-050-0040 through 345-050-0130 establish standards for the siting of facilities for disposal of radioactive
wastes that were generated before June 1, 1981, through industrial or
manufacturing processes and that contain naturally occurring radioactive
isotopes. These rules implement the requirements of ORS
469.375,
469.470 and
469.501 to
469.559 for such waste disposal
facilities.
(3) Except as provided
in OAR 345-050-0060, these rules do not apply to uranium mine overburden or
uranium mill tailings, mill wastes or mill by-product material that are subject
to OAR chapter 345, divisions 92 and 95.
(4) In accordance with ORS
469.525, the Department may
establish an enforceable timeline or other requirements to determine whether a
material is radioactive waste.
(5)
For the purpose of these rules, disposal does not include:
(a) Temporary storage and staging of
radioactive waste used or generated and stored or staged in accordance with a
state license under ORS
453.635 as part of regular site
operations
(b) Temporary storage of
radioactive waste at the Trojan Spent Fuel Storage Installation until a federal
waste repository is operational, subject to the provisions of OAR 345-026-0300 through 345-026-0390
(c) Temporary
storage of radioactive waste from a reactor for which a site certificate has
been issued pursuant to this chapter that is operated by a college, university
or graduate center for research purposes and is not connected to the Northwest
Power Grid; and
(d) Temporary
storage of radioactive waste at a facility not licensed under ORS
453.635 pending lawful disposal
out of this state, subject to the following:
(A) Any person that intends to temporarily
store radioactive waste must report to the Department and Oregon Health
Authority within 10 business days of discovery of such waste. The Department,
in consultation with Oregon Health Authority, must determine that temporary
storage of radioactive waste presents no significant risk to health and safety
of the public and workforce. In order to determine that a radioactive waste
presents no significant risk during temporary storage, it must be demonstrated
that:
(i) the waste will be located in an area
of a facility that is reasonably expected to be inaccessible to the
public;
(ii) the waste will be
clearly marked and cordoned or otherwise isolated from workers, and must be
stored in such a manner that minimizes risk of mobilization. This may include
cover and/or secondary containment;
(iii) workers will be informed and instructed
on safety related to the waste; and
(iv) any other requirements as determined by
the Department in consultation with Oregon Health Authority and the holder of
the waste.
(B) Temporary
storage may not exceed 90 days without prior written authorization from the
Department. To grant authorization to temporarily store radioactive waste for
more than 90 days, the Department, in collaboration with Oregon Health
Authority, must be assured that the waste will be properly disposed as soon as
reasonably achievable, not to exceed 180 days in total.
Statutory/Other Authority: ORS
469.470
Statutes/Other Implemented: ORS
469.525
