Or. Admin. R. 345-050-0030 - Specific Exemptions

In addition to the exemptions under OAR 345-050-0020 and 345-050-0025, the following materials are exempt from the provisions of rule 345-050-0006:

(1) Radioactive material that has been incorporated into a consumer product manufactured under a license issued by the Nuclear Regulatory Commission (NRC) or by an Agreement State, if the NRC or the Agreement State that issued the license has determined that the possession, use, transfer and disposal of such consumer product are exempt from regulatory requirements. An "Agreement State" is a state to which the NRC has delegated its authority to license and regulate byproduct materials (radioisotopes), source materials (uranium and thorium) and certain quantities of special nuclear materials in accordance with section 274b of the Atomic Energy Act.
(2) Radium-bearing materials containing less than 5 picocuries of radium-226 per gram of solid, regardless of quantity.
(3) Radium-bearing material containing a total radium-226 activity of less than 10 microcuries, regardless of concentration.
(4) Thorium-bearing materials containing less than 20 picocuries of radium-228 per gram of solid, if the radium-228 is present with the parent thorium-232, regardless of quantity.
(5) Thorium-bearing materials containing a total radium-228 activity of less than 100 microcuries, if the radium-228 is present with the parent thorium-232, regardless of concentration in the solid.
(6) Medical, industrial and research laboratory wastes contained in small, sealed, discrete containers in which the radioactive material is dissolved or dispersed in an organic solvent or biological fluid for the purpose of liquid scintillation counting and experimental animal carcasses that are disposed of or treated at a hazardous waste disposal facility licensed by the U.S. Environmental Protection Agency (U.S. EPA), by the Oregon Department of Environmental Quality, or by another state delegated the responsibility to regulate the disposal or treatment of hazardous waste by the U.S. EPA.
(7) Wastes generated before June 1, 1981, through industrial or manufacturing processes that contain only naturally occurring radioactive isotopes, if such wastes are disposed of at a facility for which the Council has issued a site certificate in accordance with ORS 469.375 and OAR 345-050-0040 through 345-050-0130.
(8) Maintenance of radioactive coal ash at the site of a thermal power plant for which the Council has issued a site certificate.
(9) Wastes containing only naturally occurring radioactive isotopes other than those in the uranium and thorium decay series, as long as the isotopes exist in their naturally occurring isotopic concentrations.


Or. Admin. R. 345-050-0030
EFSC 9-1978, f. 12-28-78, ef. 3-1-79; EFSC 9-1981, f. & ef. 12-28-81; EFSC 1-1999, f. & cert. ef. 3-5-99; EFSC 1-2007, f. & cert. ef. 5-15-07

Stat. Auth.: ORS 469.470

Stats. Implemented: ORS 469.525

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