OAR 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.