reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0120 - Bonding and Financial Ability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person shall not locate a waste
			 disposal facility at a site unless, if federal funding for remedial actions is
			 not available, the applicant provides a surety bond in the name of the state in
			 an amount determined by the Oregon Department of Energy to be sufficient to
			 cover any costs of closing the site and monitoring it or providing for its
			 security after closure and to secure performance of any site certificate
			 condition.
(2) The applicant shall
			 estimate the cost of closing the site, including the cost of the effort to
			 comply with the site suitability requirements of OAR 345-050-0060  and the
			 radioactive release limits of OAR 345-050-0100. To determine the cost of
			 monitoring the site, providing for its security after closure and, in the case
			 of a facility with a site certificate, ensuring performance of site certificate
			 conditions, the applicant shall base the estimate on the amount of investment
			 principal that would be required to produce proceeds sufficient to provide for
			 the cost of quarterly visits to the plant site by state regulatory agencies for
			 inspections and environmental sampling.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0130 - Ability to Construct and Operate

Current through Register Vol. 63, No. 7, July 1, 2024
A person shall not locate a waste disposal facility at a site
				unless the person or firm proposing to dispose of the material has or can
				acquire the organizational, managerial, and technical expertise to construct,
				operate and retire the facility.
Stat. Auth.: ORS
				  469.470
Stats. Implemented: ORS
				  469.375
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 set out in ORS 469.300 are the definitions to
			 be used in interpreting the rules in this division, unless the context requires
			 otherwise or unless a term is specifically defined in this rule. Terms not
			 otherwise defined are defined as found in  10 CFR 71  and  49 CFR 171 through 178
			  in effect as of the date of this rule.
(2) "Radioactive material" is as defined in
			 49
			 CFR 173.403 in effect as of the date of this
			 rule.
(3) "Radioactive material
			 shipments" include but are not limited to any number of truck trailers,
			 automobiles, vans or barges, moved by one or interconnected power
			 sources.
(4) "Radiopharmaceuticals"
			 are radioactive materials used in the medical testing or treatment of animals
			 or humans.
(5) "Radiographic
			 materials" include any sealed radioactive source fastened or contained in any
			 instrument used for the examination of the macroscopic structure of materials
			 by nondestructive methods using the source.
(6) "Well-logging radioactive materials" are
			 radioactive sources used in measuring devices or tools used to obtain
			 information about wells or the adjacent soil or geologic formations.
Stat. Auth.: ORS
				  469.470,
				  469.605 &
				  469.607
Stats. Implemented: ORS
				  469.603 -
				  469.615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0003 - Applicability and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules apply to the transportation of radioactive material by means other
			 than railcars in the State of Oregon. The rules contained in OAR 345-060-0001  to 345-060-0055  are auxiliary to and supplemental to the rules of OAR
			 740-110-0060  to 740-110-0090  for highway transport.
(2) Transport by or under the direction of an
			 agency of the federal government in federal vehicles is exempt. This section
			 does not exempt other shipments:
(a) That are
			 subject to federal physical security requirements;
(b) That originate from or are destined for a
			 federal facility; or
(c) That
			 include material owned by the federal government.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0004 - Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Persons must
			 obtain an "Oregon Radioactive Material Transport" (RAM) permit from the Oregon
			 Department of Transportation (ODOT) Motor Carrier Transportation Division
			 (MCTD) prior to transport in the State of Oregon of radioactive material that
			 requires a placard on the vehicle according to  49 CFR 172, Subpart F in effect
			 as of the date of this rule.
(2) A
			 carrier shall submit a permit application annually to ODOT MCTD, 3930 Fairview
			 Industrial Dr SE, Salem, OR 97302. A carrier applying for the first time shall
			 submit the application at least 30 days prior to transporting any materials
			 specified in section (1).
(3) ODOT
			 may issue a permit on an emergency basis by telephone when the carrier cannot
			 comply with the 30 day requirement of section (2) as a result of conditions
			 beyond the carrier's control. A carrier acquiring a permit under this section
			 shall provide the information contained in subsections (4)(a) through (d) and
			 (f) of this rule and the name of its insurance company, policy number, minimum
			 levels of coverage and date of policy expiration or verification of self
			 insurance.
(4) In the permit
			 application, the carrier shall include:
(a)
			 The name and address of the carrier;
(b) The telephone numbers of the carrier that
			 will be answered at any time for emergencies and a statement that the carrier
			 has a 24-hour telephone number for contacting all shippers;
(c) A description of the material to be
			 transported, number of shipments and estimated radioactivity per shipment.
			 Precise information is not necessary if unavailable;
(d) A description of the route or routes to
			 be taken and approximate schedule. Precise information is not necessary if
			 unavailable;
(e) A description of
			 any violations by the applicant of any local, state or federal regulations
			 within the past two years related to radioactive material transportation. The
			 carrier may satisfy this requirement by submitting copies of the most recent
			 federal or state motor carrier safety or hazardous material audit and
			 inspection reports that include descriptions of those violations, if
			 any;
(f) ODOT Operating Authority
			 Identification Number, U.S. Department of Transportation Number, and U.S.
			 Environmental Protection Agency Identification Number, when appropriate;
			 and
(g) Proof of insurance
			 including minimum levels of coverage and policy expiration date or verification
			 of self insurance.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0005 - Notification for Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For shipments of irradiated reactor fuel, the shipper shall submit notification
			 pursuant to Nuclear Regulatory Commission rules found in
			 10
			 CFR 71.97 and  10 CFR 73.37(f)  in effect as of
			 the date of this rule to: Secretary, Energy Facility Siting Council, 550
			 Capitol St., NE, Salem, Oregon 97301, Telephone: (503) 378-8328.
(2) The carrier shall submit notice to the
			 Oregon Department of Transportation and make arrangements for inspection for
			 all spent nuclear reactor fuel shipments, Highway Route Controlled Quantity
			 Shipments and shipments that require notice and inspection under a conditional
			 Oregon Radioactive Material Transport Permit. The carrier shall submit notice
			 for inspection as follows:
(a) As soon as
			 practicable but no later than 48 hours before time of shipment in
			 Oregon;
(b) When, as a result of
			 conditions beyond the control of the carrier, the carrier cannot comply with
			 the 48-hour minimum notification, then the carrier shall give notice
			 immediately by telephone or in any event not later than on the next working day
			 and shall explain why the carrier could not comply with the 48-hour
			 requirement;
(c) When an inspection
			 has been scheduled, the carrier shall give additional notice if the shipper or
			 carrier cancels the shipment or if the carrier will arrive at the inspection
			 location early or late by two or more hours;
(d) The carrier shall make all notice for
			 inspection and schedule changes in writing or by telephone between 8 a.m. and 5
			 p.m. (Pacific time) to ODOT MCTD, 3930 Fair view Industrial Drive SE; Salem,
			 Oregon 97302, Fax: (503) 378-7481;
(e) In a notice for inspection, the carrier
			 shall include the following information:
(A)
			 The carrier's name, address, telephone number and ODOT MCTC Field
			 Number;
(B) The shipper's and
			 receiver's names, addresses and telephone numbers;
(C) A description of the material that shall
			 include proper shipping name, hazard class, hazardous material identification
			 number and total quantity by weight or volume and number of curies;
(D) A description of the route and
			 approximate schedule; and
(E) A
			 description of the transport vehicle(s) and name(s) of driver(s).
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0006 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) through (5) of this rule, the carrier shall submit a
			 $70 fee to the Oregon Department of Energy, 550 Capitol St. NE, Salem, Oregon
			 97301 for each placarded shipment. The Department invoices motor carriers each
			 three months for shipments recorded at Oregon Ports of Entry in the previous
			 quarter. The Department may establish with carriers special invoice procedures
			 for shipments that do not regularly pass through an Oregon Port of
			 Entry.
(2) For placarded shipments
			 of well-logging material, radiographic material and radiopharmaceuticals, the
			 carrier shall submit an annual fee of $500 or $70 per shipment, whichever is
			 less.
(3) No additional fee will be
			 charged for shipments for which:
(a) The cargo
			 is transferred from a previous vehicle for which a fee has been assessed,
			 or
(b) The vehicle has a number of
			 stops before unloading the radioactive cargo for which a fee has been
			 assessed.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0007 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
The State of Oregon or its agents may inspect shipments under
				these rules for compliance with applicable rules and regulations. The State
				shall inspect all irradiated reactor fuel (defined in
				10
				CFR 73.37 in effect as of the date of this
				rule) and Highway Route Controlled Quantity shipments (defined in
				49
				CFR 173.403 in effect as of the date of this
				rule). The state may choose to waive inspection if the shipment is carrying a
				current Commercial Vehicle Safety Alliance inspection sticker. The state may
				inspect samplings of other shipments. The State may inspect highway shipments
				made under conditional permits described in OAR 345 060 0004(6). The State
				shall make arrangements for inspection when the carrier gives notice for
				inspection, as described in 345 060 0005.
Stat. Auth.: ORS
				  469.470,
				  469.605 &
				  469.607
Stats. Implemented: ORS
				  469.603 -
				  469.615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0015 - Vehicles, Operator, Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
The carrier shall maintain all aspects of vehicles, operators
				and equipment in accordance with Oregon Administrative Rules Chapter 740,
				Division 100. These Oregon Department of Transportation rules reference the
				requirements of  49 CFR 390 through 397  in effect as of the date of this
				rule.
Stat. Auth.: ORS
				  469.470 & ORS
				  469.607
Stats. Implemented: ORS
				  469.603, ORS
				  469.605 & ORS
				  469.607
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0025 - Packaging, Placarding, Labeling and Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
The shipper shall maintain all packaging, placarding, labeling,
				shipment documentation and all other aspects of transporting any radioactive
				material in accordance with  10 CFR 71 and 73, and  49 CFR 171 through 179  in
				effect as of the date of this rule.
Stat. Auth.: ORS
				  469.470 &
				  469.607
Stats. Implemented: ORS
				  469.607
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0030 - Reporting and Emergency Response

Current through Register Vol. 63, No. 7, July 1, 2024
The carrier of any radioactive material shall immediately
				notify local emergency response authorities and the Oregon Emergency Response
				System (within Oregon call 1-800-452 -0311, outside Oregon call 1-503-378
				-6377) of any of the following:
(1)
			 Vehicle accidents regardless of whether radioactive material has been damaged
			 or dispersed;
(2) Loss of any
			 radioactive material;
(3) Tampering
			 with or obstruction of any shipments.
Stat. Auth.: ORS
				  469.470 & ORS
				  469.607
Stats. Implemented: ORS
				  469.603 - ORS
				  469.615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0040 - Highway Routes

Current through Register Vol. 63, No. 7, July 1, 2024
In Oregon, the carrier shall route all shipments of spent
				nuclear reactor fuel in accordance with
				10
				CFR 73.37 in effect as of the date of this
				rule and all placarded highway shipments of radioactive materials in accordance
				with
				49 CFR
				397.101 and
				49 CFR
				397.103 in effect as of the date of this
				rule.
Stat. Auth.: ORS
				  469.470 & ORS
				  469.607
Stats. Implemented: ORS
				  469.603 - ORS
				  469.615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0045 - Financial Assurances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 required by the Price-Anderson Act (42 USC Section 2210, in effect as of the
			 date of this rule), the carrier or shipper shall maintain insurance on
			 shipments of spent nuclear reactor fuel.
(2) Carriers of radioactive materials shall
			 comply with applicable federal and Oregon insurance requirements (see Oregon
			 Administrative Rules, chapter 740, division 40, Oregon Department of
			 Transportation rules and  Title 49 CFR, Part 387, in effect as of the date of
			 this rule).
(3) Carriers of
			 radioactive material shall indemnify the State of Oregon and its political
			 subdivisions and agents for any claims arising from the release of radioactive
			 material during transportation and pay for the cost of response to an
			 accident.
Stat. Auth.: ORS
				  469.470 &
				  469.607
Stats. Implemented: ORS
				  469.603,
				  469.605,
				  469.607 &
				  469.615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0050 - Weather and Road Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
The carrier shall avoid movement of motor vehicles during a
				road condition advisory of the Oregon State Highway Division unless vehicles
				have the required chains or traction tires specified in OAR Chapter 734,
				Division 17.
Stat. Auth.: ORS
				  469.470 & ORS
				  469.607
Stats. Implemented: ORS
				  469.603 -
				  469.615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 60 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 345-060-0055 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of
			 the Oregon Department of Energy may issue an order to halt the transport of
			 radioactive material if he or she believes there is a clear and immediate
			 danger to public health or safety. The Director may serve the order without
			 prior hearing or notice.
(2) In
			 accordance with Division 29 of this chapter, the Department of Energy may issue
			 a notice of violation and may assess a civil penalty for violations of the
			 rules of this division or applicable provisions of ORS Chapter 469.
Stat. Auth.: ORS
				  469.470 &
				  469.607
Stats. Implemented: ORS
				  469.603 -
				  469.615
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 70 - CONFIDENTIAL TREATMENT OF SECURITY PROGRAM INFORMATION › Section 345-070-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to protect the confidentiality of
				information submitted to the Council and the Director regarding security
				programs for nuclear-fueled thermal power plants, nuclear installations, and
				the transportation of radioactive materials to and from such facilities.
Statutory/Other Authority: ORS
				  469.530
Statutes/Other Implemented: ORS
				  469.530
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 70 - CONFIDENTIAL TREATMENT OF SECURITY PROGRAM INFORMATION › Section 345-070-0010 - Legislative Authority

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are promulgated concurrently by the Council and the
				Director pursuant to their respective rulemaking authorities contained in ORS
				Chapter 183, ORS 469.470,
				469.501 to,
				469.507,
				469.530,
				469.560 and ORS
				192.500, in order to implement
				their joint responsibility under ORS
				469.530.
Stat. Auth: ORS
				  469.530
Stats. Implemented: ORS
				  469.530
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 70 - CONFIDENTIAL TREATMENT OF SECURITY PROGRAM INFORMATION › Section 345-070-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Nuclear
			 installation" as defined in ORS
			 469.300.
(2) "Nuclear-fueled thermal power plant"
			 includes the Trojan Independent Spent Fuel Storage Installation at the site of
			 the former Trojan Nuclear Plant.
(3) "Security program" means any plan or
			 procedure the primary function of which is to protect nuclear-fueled thermal
			 power plants, nuclear installations, transportation and storage of new or
			 irradiated nuclear fuel elements or transportation and storage of fissile
			 material against any deliberate act that could directly endanger the public
			 health and safety including exposure to radiation, including, but not limited
			 to, plans or procedures for:
(a) Controlling
			 entry to the site or portions of the site of fixed installations;
(b) Deterring or discouraging penetrations of
			 sites or carriers by unauthorized persons;
(c) Detecting such penetrations in the event
			 they occur;
(d) Apprehending in a
			 timely manner unauthorized persons or authorized persons acting in a manner
			 constituting a threat of sabotage or theft;
(e) Providing for appropriate authorities to
			 take custody of violators.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 70 - CONFIDENTIAL TREATMENT OF SECURITY PROGRAM INFORMATION › Section 345-070-0020 - Confidential Treatment Required

Current through Register Vol. 63, No. 7, July 1, 2024
The Council and the Director shall receive, and maintain as
				confidential, information submitted by any person pursuant to ORS
				469.530 for review and approval to the extent the information falls within the
				definitions of "security program" or "safeguards information" in OAR
				345-070-0015. The Council and Director shall take all reasonable precautions
				to:
(1) Limit the number of persons
			 having access to such information; and
(2) Physically safeguard such
			 information.
Statutory/Other Authority: ORS
				  469.530
Statutes/Other Implemented: ORS
				  469.530  & 192.533
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 70 - CONFIDENTIAL TREATMENT OF SECURITY PROGRAM INFORMATION › Section 345-070-0025 - Releases of Non-Confidential Information

Current through Register Vol. 63, No. 7, July 1, 2024
In reviewing information submitted to them under ORS
				469.530, the Council and
				Director shall jointly determine whether specific portions of such information
				are not within the definition of "security program" in OAR 345-070-0015  and
				shall promptly arrange for the physical segregation and public availability of
				all information not entitled to confidential treatment.
Stat. Auth: ORS
				  469.530
Stats. Implemented: ORS
				  469.530
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 70 - CONFIDENTIAL TREATMENT OF SECURITY PROGRAM INFORMATION › Section 345-070-0030 - Public Statements on the Security Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon completing their review and approval
			 of a security program and modifications to the program, the Council and
			 Director shall promptly issue a joint statement that describes, without
			 directly or indirectly breaching the confidentiality of the security program:
(a) The nature and scope of the review
			 conducted;
(b) The adequacy of the
			 security program; and
(c) A general
			 description of the security measures.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 76 - SPECIFIC STANDARDS FOR THE SITING OF NUCLEAR POWER FACILITIES IN OREGON › Section 345-076-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in this division supplement the general standards in
				OAR chapter 345, division 22, for the siting of energy facilities and apply to
				any nuclear-fueled thermal power plant or nuclear power plant, as defined in
				ORS 469.300 and their related and
				supporting facilities.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469.470
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 76 - SPECIFIC STANDARDS FOR THE SITING OF NUCLEAR POWER FACILITIES IN OREGON › Section 345-076-0012 - Rules That Apply to Nuclear Power Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in this division apply to site
			 certificate applications for nuclear-fueled thermal power plants and nuclear
			 power plants and their related and supporting facilities.
(2) In addition to these rules, the General
			 Standards for Siting Facilities contained in OAR chapter 345, division 22,
			 apply to a decision whether to grant or deny issuance of a site certificate for
			 a nuclear power facility.
(3) The
			 Council may adopt siting standards for nuclear power facilities if the
			 Department receives a notice of intent to apply for a site certificate for such
			 a facility.
(4) The Council shall
			 not issue a site certificate for a nuclear-fueled thermal power plant until the
			 electors of this state have approved the issuance of the certificate as
			 required under ORS 469.597.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469.300,
				  469.597
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 76 - SPECIFIC STANDARDS FOR THE SITING OF NUCLEAR POWER FACILITIES IN OREGON › Section 345-076-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In this division, the following definitions apply:
(1) The term "operation of the nuclear power
			 facility" includes its normal operation and the accumulation and storage of
			 wastes generated thereby.
(2) The
			 term "nuclear power facility" means a nuclear-fueled thermal power plant or a
			 nuclear power plant as defined in ORS
			 469.300 and their related or
			 supporting facilities.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469.300
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 76 - SPECIFIC STANDARDS FOR THE SITING OF NUCLEAR POWER FACILITIES IN OREGON › Section 345-076-0050 - Federal Waste Depository

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a nuclear power facility, the
				Council must find that there is an adequate federal repository for the disposal
				of high-level radioactive waste as described in ORS
				469.595.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469.300
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to establish standards for
				uranium mills and related and supporting facilities. The Council will apply
				these standards in reaching a decision for or against issuance of a site
				certificate for the construction and operation of a uranium mill and its
				related or supporting facilities, as defined in OAR 345-092-0025. The Council
				may adopt additional standards.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.553
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0012 - Applicability and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the standards in OAR
			 chapter 345, divisions 22, 23 and 24, the standards in this Division are
			 applicable to a site certificate application for a uranium mill and its related
			 or supporting facilities as those terms are defined in OAR
			 345-092-0025.
(2) These standards
			 are authorized under ORS
			 469.553,
			 469.556 and ORS 183 and should
			 be interpreted so as to carry out the fundamental policy of
			 469.310.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.553
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0014 - Mandatory Site Certificate Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any other site certificate conditions that the
				Council may impose, the Council shall impose a site certificate condition that
				requires the certificate holder to design, build, operate and retire a uranium
				mill in accordance with the design standards contained in OAR 345-092-0031(l),
				(5) and (6), 345-092-0040(1), (2) and (3)(c)  and 345-092-0050  and in accordance
				with any representations made in satisfaction of OAR 345-092-0031(6) and (7) 
				and 345-092-0040(3)(a) and (d).
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.553
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0025 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 set out in ORS 469.300 apply in interpreting
			 rules in this division, unless the context requires otherwise or unless a term
			 is specifically defined in this rule.
(2) "Uranium mill" means a site at which ore
			 is milled primarily for the recovery of uranium by conventional methods, which
			 involve the crushing, grinding and leaching (acid or alkaline) of the ore,
			 followed by chemical separation and concentration of uranium. As used in this
			 division, "uranium mill" does not include facilities for the extraction of
			 uranium by in situ mining or heap leaching.
(3) "Mill tailings" means the residues
			 remaining after extraction of uranium from its ore at a uranium mill.
(4) "Related or supporting facilities" means,
			 in addition to related or supporting facilities as defined in ORS
			 469.300, structures adjacent to
			 and associated with a uranium mill including areas from which ore is mined to
			 produce feed material for the mill, ponds designed for the storage of mill
			 tailings or other materials and any sites for the permanent disposal of mill
			 tailings and mine overburden.
(5)
			 The term "facility" means a uranium mill and its related or supporting
			 facilities.
(6) "Facility boundary"
			 means the boundary within which the applicant or site certificate holder has
			 the legal right to control the access of individuals.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.553
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0031 - Standards Relating to Public Health and Safety of Uranium Mill Operation, Decommissioning and Waste Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
In determining whether a proposed facility satisfies the
				requirements of this rule, the Council will accept, where applicable, the
				assumptions and methods used or approved by the federal Nuclear Regulatory
				Commission (NRC) or the Environment Protection Agency (EPA) in evaluating
				compliance with their respective regulations, in the absence of clear and
				convincing evidence that the use of such assumptions and methods will not
				adequately protect the health and safety of the public. To issue a site
				certificate for a uranium mill, the Council must find that:
(1) The facility can be designed, constructed
			 and operated such that there is reasonable assurance that:
(a) During normal operations of the facility,
			 the annual radiation dose equivalent to any member of the public will not
			 exceed the limits specified in OAR 345-095-0090(l).
(b) The release of airborne effluents will
			 not result in ambient levels exceeding the limits in OAR
			 345-095-0090(2).
(c) The facility
			 shall be located at a remote site. To be considered remote, the calculated
			 population doses within a 50-mile radius of the mill resulting from all
			 exposure pathways will not exceed:
(A) Whole
			 Body -- 50 person rem/year;
(B)
			 Lung -- 500 person rem/year;
(C)
			 Bone -- 1250 person rem/year.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0040 - Standards Relating to Environmental Impacts of Uranium Mill Operation

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a uranium mill, the Council
				must find that:
(1) Release of
			 airborne particulates from the facility can be controlled through the use of
			 baghouses or equivalent methods to the maximum extent consistent with existing
			 milling technology and without increasing occupational health and safety
			 risks.
(2) All mill ponds used for
			 the collection and storage of mill tailings and chemical agents can be designed
			 or sited in such a manner as to preclude seepage into any groundwater aquifers
			 to the maximum extent consistent with existing impoundment
			 technology.
(3) Studies have been
			 performed characterizing the relative abundance and diversity of the plant and
			 animal species at the proposed site of the facility and:
(a) The proposed facility is not likely to
			 jeopardize the continued wildlife use of deer, elk and antelope wintering
			 ranges or migration routes of migratory wildlife.
(b) The above ground portions of the proposed
			 facility are not located on antelope fawning areas, sage grouse strutting and
			 nesting areas or waterfowl nesting and rearing areas that are necessary to
			 sustain the existing local or migratory populations of such species.
(c) Areas within the boundary of the facility
			 site with unstable or fragile soils have been satisfactorily identified and
			 available construction techniques can be employed to reduce adverse impacts
			 such as erosion and compaction.
(d)
			 The bird species using the area affected by the proposed facility have been
			 identified, and the facility is not likely to jeopardize the continued
			 existence of local or migratory populations of such bird species.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0050 - Standards Relating to Beneficial Use of Wastes

Current through Register Vol. 63, No. 7, July 1, 2024
To issue a site certificate for a uranium mill and related and
				supporting facilities, the Council must find that liquids from the facility can
				be recycled consistent with existing and economic technology and process
				requirements.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.553
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 92 - STANDARDS FOR THE SITING OF URANIUM MILLS IN OREGON › Section 345-092-0110 - Applications and Site Certificate Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who intends to apply for a
			 site certificate for a uranium mill shall submit a notice of intent subject to
			 the requirements and procedures described in OAR chapter 345, division
			 20.
(2) An applicant for a site
			 certificate shall submit an application subject to the requirements and
			 procedures of OAR chapter 345, division 21.
(3) The Department of Energy shall apply the
			 requirements and procedures described in OAR chapter 345, division 15, for
			 review of the notice of intent and an application for a site certificate for a
			 uranium mill.
(4) The holder of a
			 site certificate for a uranium mill is subject to the requirements of OAR
			 345-026-0005  through 345-026-0170  and OAR chapter 345, divisions 27 and
			 29.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.553
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
It is the purpose of these rules to ensure that the
				construction, operation, and decommissioning of uranium mills and related and
				supporting facilities are accomplished in a manner consistent with ORS
				469.310.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469.310,
				  469.501 &
				  469.556
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0015 - Scope and Construction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 rules in this Division apply to all uranium mills that use conventional
			 alkaline or acid leach technologies, together with their related and supporting
			 facilities, for which the Council has issued a site certificate.
(2) If the Council finds that applicable
			 Oregon statutes and rules, other than those involving federally delegated
			 programs, would impose requirements inconsistent with the rules in this
			 Division, the Council shall resolve the conflict consistent with the public
			 interest. In resolving the conflict, the Council cannot waive any applicable
			 state statute.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.556,
				  469.505
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
All definitions in OAR 345-092-0025  apply to the rules in this
				Division.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.556
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0040 - Rules that Apply to Construction

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules apply to any ground disturbance activity on
				the site of a uranium mill:
(1) The
			 certificate holder shall remove native topsoil before excavation for the mine,
			 mill buildings, ponds and tailings disposal sites and shall stockpile the
			 topsoil for later use in site reclamation. The certificate holder shall contour
			 topsoil storage areas to prevent erosion and shall protect the topsoil to
			 retain nutrients needed for subsequent use of the topsoil as a growth
			 medium.
(2) The certificate holder
			 shall not divert or rechannel any perennial streams.
(3) The site certificate holder shall keep
			 the Council informed of drilling or trenching projects conducted to define
			 hydrologic or geologic parameters related to building foundation designs,
			 tailings retention system design, reclamation planning or environmental
			 monitoring. The certificate holder shall notify the Council if site
			 investigations, drillings, trenchings or construction projects including mine
			 development reveal geologic conditions different from those described in the
			 site certificate application. The certificate holder shall provide the
			 information described in this rule to the Department of Energy, the Department
			 of Geology and Mineral Industries and the Department of Water Resources on a
			 timely basis so that the Council and other state agencies may inspect the
			 projects.
(4) The certificate
			 holder shall not use radioactive tailings in the construction of tailings
			 dams.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.556
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0045 - Construction Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to the initial production of yellowcake, the site certificate holder
			 shall submit copies of monthly construction progress reports to the Council.
			 Such reports shall describe the status of mining activities, building
			 construction and tailings dam and pond construction in sufficient detail to
			 allow the Council or its representatives to observe significant construction
			 progress.
(2) The certificate
			 holder shall notify the Council of any major changes in construction schedules
			 and of any significant changes in process equipment, pollution control
			 equipment or facilities or equipment or facilities designed for the protection
			 of workers.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.556
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0060 - Standards that Apply to Operation

Current through Register Vol. 63, No. 7, July 1, 2024
The following rules apply to the operation of a uranium
				mill:
(1) The certificate holder shall
			 implement a safety and health program covering both occupational and
			 radiological hazards, subject to the approval of the Council and including:
(a) Identification of an onsite occupational
			 safety officer trained and experienced in the recognition and control of the
			 occupational hazards of milling operations including physical and chemical
			 hazards and the use of respiratory protection equipment.
(b) Identification of an onsite radiological
			 safety officer trained and experienced in the recognition and control of the
			 radiological hazards associated with uranium milling operations.
(c) Description of the authority of the
			 safety officers to order immediate correction of safety or health hazards
			 including process modification or cessation if, in the judgment of the safety
			 officer, such action is required to protect workers or the public.
(d) An occupational radiological dose
			 assessment program.
(e) A policy
			 stating that personal protective equipment, including respirators, shall not be
			 used routinely in lieu of process modification in order to meet personnel
			 exposure limits.
(f) An employee
			 training program that includes training in the safety and health hazards of
			 facility operation and the use of personnel protection equipment and
			 procedures.
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0070 - Effluent Release Limits

Current through Register Vol. 63, No. 7, July 1, 2024
The certificate holder shall operate the uranium mill to ensure
				that, during routine operation of the facility, effluent releases to
				uncontrolled areas do not exceed limits established by rules of the Public
				Health Division of the Oregon Department of Human Services or rules of the
				Oregon Department of Environmental Quality.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470,
				  469.525 &
				  469.556
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0080 - Effluent Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 During construction and operation of a uranium mill, the site certificate
			 holder shall implement an effluent monitoring program to evaluate facility
			 effluents compared to effluent releases projected in the site certificate
			 application, to regulatory limits of the rules in this Division and to
			 environmental impacts.
(2) The
			 certificate holder shall submit the effluent monitoring program to the Council
			 for approval. The Council may consult with affected state agencies before
			 approving the program.
(3) In the
			 effluent monitoring program, the certificate holder shall describe the methods
			 for ensuring the adequacy of control procedures for each point of routine or
			 potential effluent release. The certificate holder shall include in the program
			 a method of determining average release rates, maximum release rates and total
			 releases as well as the physical, chemical and radiological characteristics of
			 the release.
(4) The certificate
			 holder shall submit annual reports to the Council within 90 days of the end of
			 each reporting year and shall include data on all effluent releases, comparison
			 of these releases to those projected in the site certificate application and to
			 regulatory limits, review of the adequacy of the monitoring program and
			 recommendations and justification for any improvements in the program. For the
			 purpose of this rule, reporting year begins upon the initiation of construction
			 at the site and subsequent reporting years begin upon the anniversary of that
			 date.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.507
Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 95 - CONSTRUCTION, OPERATION AND DECOMMISSIONING RULES FOR URANIUM MILLS › Section 345-095-0090 - Public Health Impacts

Current through Register Vol. 63, No. 7, July 1, 2024
The certificate holder shall operate the uranium mill to ensure
				that, during operation of the uranium mill, public health impacts do not exceed
				the following limits:
(1) Annual dose
			 equivalent not exceeding 25 millirems to the whole body, 75 millirems to the
			 thyroid and 25 millirems to any other organ of any member of the public as the
			 result of exposures to planned discharges of radioactive materials except radon
			 and its daughters.
(2)
			 Concentrations of total suspended particulates resulting from facility
			 operation at any location that is routinely inhabited or visited by members of
			 the public not exceeding 19 ug/m3 annual geometric means. The 24-hour
			 concentration at these locations must not exceed 37 ug/m3 more frequently than
			 once per year. In any case where measurable impacts might occur in wilderness
			 areas designated by federal or state agencies or in designated national or
			 state parks, the site certificate holder shall determine the concentration of
			 total suspended particulates at the wilderness or park boundary nearest the
			 facility. The concentration limit at that location must not exceed 5 ug/m3
			 annual geometric mean nor 10 ug/m3 on a 24-hour average more frequently than
			 once per year.
Stat. Auth.: ORS
				  469.556
Stats. Implemented: ORS
				  469.470 &
				  469.501