Fifty years Radioactive Substances Legislation – Time for Modernisation

1. Fifty years Radioactive Substances Legislation – Time for Modernisation Steve Chandler (DECC) October 2009

2. BEGINNINGS - 1 • Radioactive Substances Act 1948 • Atomic Energy Authority Act 1954 • Nuclear Installations (Licensing and Insurance Act) 1959

3. BEGINNINGS - 2 • Government policy paper published in 1959: “The Control of Radioactive Wastes” (Cmnd. 884) • Recommended new legislation to control radioactive wastes from all sources – led to Radioactive Substances Act 1960 • Recommended exemption for minor uses and discharges – led to the 18 Exemption Orders • Recommended control by a central authority • Recommended removal of radioactive content of wastes from the scope of any other powers • Recommended a National Disposal Service

4. Current legislative framework • Radioactive Substances Act 1993 (RSA93), superseding RSA 60, incorporates radioactive waste provisions within legislation • Radioactive material: • substances where activity of U, Th (and decay products) > certain levels (Schedule 1) , or • substances that contain any radioactivity not produced by natural process • Radioactive waste: • waste which was radioactive material, or • waste which has been contaminated by radioactive material/waste. • Keeping & use of radioactive material is registered • Accumulation & disposal of radioactive waste is authorised • Additional exemption orders (EOs) exempt (sometimes conditionally) relatively low risk activities/practices as well as de-regulating certain industries

5. Issues • EOs contain range of levels & conditions for exemption related to the needs of industry sectors than to any consistent radiological standard • Piece-meal approach to exemption • Certain conditions (e.g. record keeping, notifying the regulator, etc.) not consistent between EOs • Language & units in need of modernisation to make them easier to understand • Compliance with EU legislation not simple to demonstrate

6. And now… • Two mechanisms for legislative change • Review of exclusions and exemptions from RSA93 • Incorporation of RSA 93 in the Environmental Permitting Regulations (England and Wales only)

7. Programme for change to framework • Through stakeholder engagement • Programme Board • Workshops • Expert/working groups • Formal/informal consultation • Phase I – initial stakeholder views gathering • Phase II – development of architecture • Phase III – detailed proposal development formal public consultation closed; reviewing responses and any other considerations /knowledge gained over last few months.

8. Proposal for Exemption Order Review • Key features of the proposed framework will be: • Scope of Act & exemption provisions are taken as one package • Simplification of extant EOs • Common definitions & conditions for all exemptions provisions, so far as possible • Compatibility with Euratom BSS & possible future changes • Use of numerical values based on internationally-accepted standards, derived from BSS and other Euratom documents • Relegation of as much detail as possible to supporting guidance

9. Implementation of EO Review • RSA93 amended and 18 EOs revoked and replaced by one • Migration for England and Wales into the Environmental Permitting Regime, with RSA93 revoked. • Consistency across UK: • Scope • Basic definitions • Crown Exemptions • Flexible determination time for nuclear permits • Powers to dispose of radioactive waste and orphan sources • Duty to display permits

10. Environmental Permitting Regime • Common EPR framework changes – largely procedural: • Applications • Permits (types, conditions and effective dates) • Transfers • Appeals • Directions • Commercial Confidentiality and National Security • Compliance • Offences/Enforcement • Public Registers • Public Participation / Consultation

11. Environmental Permitting Regime cont’d • RSR-specific changes: • Staged regulation of solid radioactive waste disposal facilities • Duty to display permits to be subject to national security • Guidance • Public consultation • All RSR applications consulted on • Variations where there is substantial change • Minimum consultation will be website • Simplified arrangements for inter-site waste transfers • No requirement for route-specific transfer permit • Consignor permit allows waste transfer to anyone who holds appropriate permit • No variation needed for new disposal route • EA will not inform LAs as no permit, disposer will inform LA of origin of all waste they receive.

12. Key issues for EO Review – from first consultation • How to define ‘natural activity’ • Definition of ‘radioactive materials’ and ‘radioactive waste’ • Exclusion of primordial radionuclides e.g.K-40 and Sm-147 • Clearance/exemption levels for aqueous liquids • Incorporation of VLLW • Provisions for NORM wastes • Sealed source definitions • ‘Unlimited’ holdings (e.g smoke detectors, testing equipment) • Laboratory disposals

13. Potential developments to address issues • Retain principle of ‘exclusion’ rather than inclusion of radioactive materials and waste • Aqueous liquids – use of calculated GDLs (10microSv) developed by HPA • Substances/articles possessing radioactivity attributable to contamination by radioactive material/waste to be outside scope • Substances contaminated by radioactive waste from permitted disposals to be outside scope • Graded approach for conditionally exempt waste disposal • Exemption for articles, etc • LV VLLW up to 50 m3/yr • Generic assessment for NORM wastes up to 4MBq/Te • Site-specific assessment for NORM LLW up to 10MBq/Te

14. Current proposal

15. Current timetable • Consultation began – 12th June • Consultation ended – 4th September • Consultation Summary Report – 4th December • Government guidance published – January 2010 • Regulations laid – January 2010 • Regulations come into force – April 2010

16. Any questions/comments to EO-Review@decc.gsi.gov.uk Thank You