Oregon Administrative Rules › Chapter 345 - DEPARTMENT OF ENERGY, ENERGY FACILITY SITING COUNCIL › Division 50 - RADIOACTIVE WASTE MATERIALS › Section 345-050-0010 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 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.