Or. Admin. Code § 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 ORS 469.525 and OAR 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) 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.
(3) Burial of a human or animal body
containing radioactive materials used for diagnostic or therapeutic purposes is
exempt from the provisions of ORS
469.525 if the burial is
otherwise done in accordance with applicable Oregon law.
(4) Waste that is identified as the result of
metabolized isotopes used in medical treatment. A facility may only dispose of
such waste in accordance with a facility-specific plan approved by the
Department in consultation with Oregon Health Authority. The plan must ensure
that the material presents no significant risk to the public, workers, or the
environment. The plan, at a minimum, should include:
(a) how the facility will identify and
confirm that waste is the result of metabolized isotopes used in medical
treatment;
(b) information
regarding worker safety and training;
(c) how the facility will manage waste that
is determined to not be the result of metabolized isotopes used in medical
treatment; and
(d) a tracking and
reporting schedule for informing the Department and Oregon Health Authority of
actions taken under the plan.
(5) 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.
(6) Wastes
legally disposed before November 17, 2023, provided the waste is not removed
from the location of original disposal.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.525
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