Radioactive Substances Act 1993 Regulation of Non-Nuclear Sites

2. We are the Environment Agency. It’s our job to look after your environment and make it a better place – for you, and for future generations. The Environment Agency. Out there, making your environment a better place.

3. Radioactive Substances Act 1993 Regulation of Non-Nuclear Sites Amber Bannon RSR Technical Specialist 6 October 2009

4. Objectives • Overview of legislative requirements • Understanding of RSA93 certificates and their conditions • What to expect during an Environment Agency inspection

5. Key Legislation for EA Inspectors • 1993 Radioactive Substances Act (RSA93) • 1995 Environment Act (EA95) • Ministerial Direction (Radioactive Substances (Basic Safety Standards) (England and Wales) Direction 2000) • 2005 High-Activity Sealed Radioactive Sources and orphan Sources Regulations (HASS) • Environmental Permitting Regulations (imminent!)

6. Radioactive Substances Act 1993 • RSA93 defines radioactive material • Contains natural radioactivity at a concentration in excess of values in Sch1 of the Act • Contains any man-made radioactivity • RSA93 defines radioactive waste • Substance or article which is radioactive material and has been designated as waste ie. no longer required for use! • Substance or article which has become contaminated by radioactive material or other radioactive waste

7. Radioactive Substances Act 1993 • Requirement for users to register use of radioactive substances on premises used for the purpose of an undertaking • Regulates the keeping and use of radioactive material • Regulates the accumulation and disposal of radioactive waste

8. Environment Act (EA95) • Established the creation of the Environment Agency • S108 – specifies Powers of Entry • S110 – offence to obstruct an authorised person in the exercise of their duties or to pretend to be an authorised person

9. Ministerial Direction (Radioactive Substances (Basic Safety Standards) (England and Wales) Direction 2000) • Issued under EA95 • Requires the EA to ensure all exposures to ionising radiation from the disposal of radioactive waste are kept as low as reasonably achievable; economic and social factors being taken into account • As low as reasonably achievable = BPM • BPM condition introduced into RSA93 authorisations in 2003 • Annual dose constraints: • 0.3 mSv for any new source • 0.5 mSv for any single site • 1.0 mSv dose limit • Undertakings required to appoint Qualified Experts for radioactive waste management

10. High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 • Modified RSA93 • Stringent new conditions • Security • Financial Provision

11. High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 • What is a HASS? • A sealed source containing a radionuclide listed in Annex 1 of the HASS Directive and whose activity at the time of manufacture is equal to or exceeds the relevant activity level specified in Annex 1; or • A sealed source containing a radionuclide which is listed in Annex 1, Table A of the BSS Directive and whose activity at the time of manufacture is equal to or exceeds one hundredth of the corresponding A1 value given in the IAEA Regulations for the safe transport of radioactive materials; or • A sealed source, not included in the above, containing a radionuclide for which an A1 value is given in the IAEA Regulations and whose activity at the time of manufacture is equal to or exceeds one hundredth of that A1 value

12. High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 • A source becomes a HASS at the point when it is ready for sale • A source ceases to be HASS only when the activity falls below the exemption levels specified in the BSS Directive • HASS Regulations implement stringent controls for the life of the source • Examples are medical teletherapy sources and irradiators

13. High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005 • What is a source of similar level of potential hazard to a HASS? • Any source or aggregation of sources in a single store or use location which falls into source categories 1 to 4 in the NSAC security document • Primary means of allocating a category is practice, eg. brachytherapy, high/medium dose rates = Category 2 • Secondary means is by using A/D values • A = source activity • D = activity of a source above which it is considered to be a “dangerous source” • D values are listed in NSAC security document

14. Environmental Permitting Regulations • Will come in to force 01 April 2010 • Scope of what we regulate will not change • Regulations will provide a new way of permitting • “better regulation” • should be no increased regulatory burden

15. Environmental Permitting Regulations • Key points • “permit” required for a regulated facility carrying out a radioactive substances activity • Permit transfers will be easier • All applications will require some consultation • All applications will be advertised (National Security excepted) • New process for surrender of permits

16. Legislation not Covered by EA RSA93 Inspectors • 1999 Ionising Radiations Regulations • Ionising Radiation (Medical Exposure) Regulations 2000 • Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 • Transfrontier Shipment of Radioactive Waste/Radioactive Substances

17. Inspection Issues • certificates • management systems • radioactive materials • laboratories • radioactive waste • enforcement

18. RSA93 Certificates • 4 types of certificates:- • Sealed sources Registrations • Open sources Registrations • Authorisations for waste accumulation/disposal • Mobile sources Registrations

19. Management Conditions • Stringent management conditions included in sealed source and authorisation certificates • Key inspection topic • Radiation Management Policy • Signed by Chief Executive • states users intentions on key areas of the use of radioactivity on site • Assists decision making • further documentation (procedures and work instructions) should then provide step-by-step instructions on how to comply with the Policy

20. Management Conditions • Radiation Management Policy should cover:- • structure/organogram/communication/reporting lines • roles and responsibilities • finance/resources • training • maintenance • emergency preparedness • enforcement/disciplinary measures • list of procedures • internal compliance/QA systems • Best Available Techniques review

21. Key Procedures • Facility design • Staff training • Risk assessment • Project approval • Material ordering • Material control and use • Waste handling • Contamination and monitoring • Record keeping • Decommissioning • Management of change • Undertaking a BAT assessment/review

22. Compliance Table

23. Radioactive Materials • Request appropriate limits • Request appropriate nuclides • Request appropriate accumulation periods for waste • Assess proposed disposal routes • Stay within your limits • Records • Control procedures

26. Laboratories • Avoid contamination • Facility design • Good practice / housekeeping • Contamination monitoring

32. Radioactive Waste • Production • Storage • Records • Disposal

33. Waste Production • Best Available Techniques! • Planning new, refurbished, modified or enlarged production or processes • Considering how production or process is to be carried out • Minimisation of the quantities of radioactivity in use • Waste minimisation techniques to be employed • Choice of discharge route (e.g. use of fume cupboards) • Method for minimising contamination • Possible need for abatement of discharges • Maintenance requirements and methods • Prevention of fugitive emissions by process and plant improvement • Implementation of a policy of continuous improvement to reduce disposals and discharges, including regular review • Waste sampling, measurement or estimation and on radiological assessment requirements

35. Waste Production cont. • Should include:- • Justification with a little “j”! • Optimisation • Risk assessment • Facilities design • Procedures • Waste management • Security • Decommissioning

36. Waste Storage • Storage facilities should be:- • clean • tidy • well organised • take account of other hazardous properties eg. biohazard

40. Waste Disposal • Manage waste to ensure • Disposals are made to the appropriate disposal route • Disposals happen on the intended date • Waste is monitored prior to disposal • Suitable records made

41. Enforcement WHEN THINGS GO WRONG……. • Site Warnings • Warning Letters (sent to CEO/Rector/Dean) • Formal Caution • Prosecution • Enforcement Notice • Prohibition Notice

42. ANY QUESTIONS?