(1)Persons who receive, possess, use, process, transfer, distribute and dispose of NORM are exempt from the requirements of these Rules if: The materials contain or are contaminated at concentrations less than five picocuries per gram (185 Bq/kg) of radium, 0.05 percent by weight of uranium or thorium or 150 picocuries per gram (5.55 kBq/kg) of any other NORM radionuclide, provided that these concentrations are not exceeded at any time.
(2)Persons who receive products or materials containing NORM distributed in accordance with a specific license issued by the Agency pursuant to OAR 333-117-0220 (Requirements for the Issuance of Specific Licenses)(2) or an equivalent license issued by another Licensing State are exempt from these rules.
(3)The manufacturing, distribution, use and disposal of the following products/materials are exempt from the requirements of these rules:
(a)Potassium and potassium compounds which have not been isotopically enriched in the radionuclide K-40; and
(4)The wholesale and retail distribution (including custom blending), possession and use of the following products/material are exempt from the requirements of these:
(a)Phosphate and potash fertilizer;
(b)Phosphogypsum for agricultural uses; and
(c)Materials used for building construction if such materials contain NORM which has not been technologically enhanced.
(5)The possession and use of natural gas and natural gas products as a fuel are exempt from the requirements of these rules. The distribution of natural gas and the manufacturing and distribution of natural gas products are exempt from the specific license requirements of this division but are subject to the general license requirements in OAR 333-117-0100 (General License) and 333-117-0130 (Disposal and Transfer of Waste for Disposal).
Rule 333-117-0040 — Exemptions,