Oregon Administrative Code

345-029-0550 Enforcement Conference If requested by the responsible party in its response to the Pre-Enforcement Notice provided under OAR 345-029-0520(2), the Director must provide the responsible party an opportunity for an enforcement conference to present information regardin…

345-029-0555 Enforcement Actions (1) After considering any information provided in the responsible party's response to the Pre-Enforcement Notice described under OAR 345-029-0520(2), and any enforcement conference under OAR 345-029-0550, the Director may issue a Notice of Enforce…

345-029-0560 Calculation of Civil Penalty Amount (1) The Director must determine the base penalty amount for a violation based on the classification and severity of the violation, subject to the following: (a) The classification of violation is as provided in OAR 345-029-0530; (b…

345-030-0005 General This rule applies to each research or other reactor in the State of Oregon that is designed to produce less than 200,000 thermal kilowatts. The intent of the rule is to ensure that the Energy Facility Siting Council is advised of the operation of such reactor…

345-030-0010 Reports Required (1) Annual Reports of Environmental Effects. By October 1 of each calendar year, the operator of any reactor described in OAR 345-030-0005 shall submit a report to the Council that contains the following information on reactor operation during the pr…

345-050-0006 Disposal Prohibited As provided under ORS 469.525, no radioactive waste shall be disposed of within this state, no person may arrange for disposal of radioactive waste within this state, no person may transport radioactive waste for disposal in this state, and no was…

345-050-0010 Purpose and Applicability (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 radioa…

345-050-0020 Exempt Concentrations (1) Materials that contain radionuclides in concentrations below the applicable concentration identified in Table 1 are not radioactive waste for purposes of ORS 469.525 and these rules. Additionally, wastes with the following characteristics ar…

345-050-0025 Exempt Quantities (1) Materials that contain radionuclides in individual quantities that do not exceed the applicable quantity identified in Table 2 are not radioactive waste for the purposes of ORS 469.525 and these rules unless the number of individual radionuclide…

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 manufact…

345-050-0035 Pathway Exemption Naturally occurring radioactive materials are exempt from the provisions of OAR 345-050-0006 if the Council or the Department of Energy finds that accumulation of material cannot result in exposures exceeding 500 millirem of external gamma radiation…

345-050-0036 Gamma Pathway Exemption Interpretive Rule (1) In determining compliance with OAR 345-050-0035 when considering external gamma radiation exposure, the Council or the Department of Energy must find that the disposal in Oregon of waste materials containing naturally-occ…

345-050-0038 Water Pathway Exemption Interpretive Rule (1) In determining compliance with OAR 345-050-0035 when considering release of effluents to water, the Council or the Department of Energy must find that the disposal in Oregon of waste materials containing naturally occurri…

345-050-0040 Standards for Waste Disposal Facilities OAR 345-050-0040 through 345-050-0130 establish standards for disposal of radioactive waste. The Council shall apply the standards in deciding whether to issue a site certificate for the construction and operation of a waste di…

345-050-0050 Definitions The definitions set out in ORS 469.300 apply in interpreting these standards, unless the context requires otherwise or unless a term is specifically defined in this rule. Additional definitions are: (1) “Area” means all locations adjacent to a facility de…

345-050-0055 Mandatory Site Certificate Conditions In addition to any other site certificate conditions the Council may impose under ORS 469.401, the Council shall impose site certificate conditions that require an applicant to design, build and operate a waste disposal facility …

345-050-0060 Site Suitability To issue a site certificate for a waste disposal facility, or to carry out a cooperative agreement or arrangement with an agency of the federal government to clean up radioactive waste, uranium mine overburden or contaminated material pursuant to ORS…

345-050-0070 Alternate Site A person shall not locate a waste disposal facility at a site unless there is no available alternative site for disposal of such wastes: (1) A site outside of Oregon is not available unless appropriate local, state and federal regulatory agencies have …

345-050-0075 Alternate Technology A person shall not locate a waste disposal facility at a site un­less there is no available alternative disposal technology that would better protect the health, safety, and welfare of the public and the environment. In making this finding, the C…

345-050-0090 Adjacent State Compatibility A person shall not locate a waste disposal facility at a site un­less the person coordinates disposal of the type and amount of such wastes with the regulatory programs of adjacent states for dis­posal of such wastes. Coordination with th…

345-050-0100 Release of Radioactivity (1) A person shall not locate a waste disposal facility at a site un­less the facility is designed to contain radioactive releases. To is­sue a site certificate, the Council must find that the applicant has proposed to construct the site usin…

345-050-0110 Compatibility with Federal Programs (1) A person shall not dispose of radioactive waste or uranium mine overburden at a site unless the disposal of the type and amount of such wastes is compatible with regulatory programs of the federal government for disposal of suc…

345-050-0120 Bonding and Financial Ability (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 Depar…

345-050-0130 Ability to Construct and Operate 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 …

345-060-0001 Definitions (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 f…

345-060-0003 Applicability and Scope (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…

345-060-0004 Permits (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 …

345-060-0005 Notification for Inspection (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 Facil…

345-060-0006 Fees (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 f…

345-060-0007 Inspections 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…

345-060-0015 Vehicles, Operator, Equipment The carrier shall maintain all aspects of vehicles, operators and equipment in accordance with OAR 740, division 100. These Oregon Department of Transportation rules reference the requirements of 49 CFR 390 through 397 in effect as of th…

345-060-0025 Packaging, Placarding, Labeling and Documentation 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 …

345-060-0030 Reporting and Emergency Response 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 follo…

345-060-0040 Highway Routes 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 C…

345-060-0045 Financial Assurances (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…

345-060-0050 Weather and Road Conditions 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 734, division 17. Statutory/Other Authorit…

345-060-0055 Enforcement (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 hea…

345-070-0005 Purpose 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 t…

345-070-0010 Legislative Authority 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 192.500, in order to implement thei…

345-070-0015 Definitions (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 procedu…

345-070-0020 Confidential Treatment Required 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 progr…

345-070-0025 Releases of Non-Confidential Information 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 345-070-00…

345-070-0030 Public Statements on the Security Program (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 th…

345-076-0010 Purpose 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 suppor…

345-076-0012 Rules That Apply to Nuclear Power Facilities (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 Genera…

345-076-0020 Definitions 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-fue…

345-076-0050 Federal Waste Depository 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. Statutory/Other Authority: ORS 469 Stat…

345-092-0010 Purpose 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 u…

345-092-0012 Applicability and Statutory Authority (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 te…

345-092-0014 Mandatory Site Certificate Conditions 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 a…