The Environment Agency s perspective

Transcription

1 Aurora event - 14 June 2016 Radioactive contaminated land The Environment Agency s perspective Tanya Montgomery Technical Specialist, Radioactive Substances Regulation

2 Who we are and what we do Operate in England only Radioactive Substances Regulation (RSR) Non-nuclear teams and Nuclear Regulatory groups Radioactive waste regulator Day job: implementing Environmental Permitting Regulations 2010 for radioactive substances activities

3 Penrith Leeds Warrington Nottingham Brampton Wallingford Bristol Bridgewater Hatfield Farnham Head office Nuclear RSR teams Non-nuclear RSR Teams

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5 Overview 1. Legislative framework 2. The Environment Agency s roles 3. When a permit is needed 4. Permit application process 5. Compliance and enforcement 6. End of remediation 7. Regulatory challenges 8. Looking ahead

6 Legislative framework for land contaminated with radioactivity Land for development (change of use): Town and Country Planning system Material planning consideration Consider in development plans and individual PAs EA is a consultee Existing land use Part 2A EPA 1990 Contaminated land regime (extended) Land that poses an unacceptable risk to human health Only where result of past practice or work activity, or effects of radiological emergency EA gives advice to local authority

7 Part 2A Radioactive Contaminated Land (1) Objective of Part 2A: to provide a system for the identification and remediation of land where contamination by radioactivity is causing unacceptable risks to human health - to make land suitable for its current use - but do it proportionately - and only where there is no alternative

8 Part 2A Radioactive Contaminated Land (2) Definition of Radioactive Contaminated Land: Any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land that (a) harm is being caused, or (b) there is a significant possibility of harm being caused. Must have a contaminant-pathway-receptor linkage for a risk to arise And where there are no risk management measures in place to prevent harm or SPoH

9 Part 2A Radioactive Contaminated Land (3) Harm: Effective dose of > 3 msv/year Equivalent dose to the lens of the eye of > 15 msv/year Equivalent dose to the skin of > 50 msv/year Significant possibility of harm: Potential annual effective dose from lasting exposure multiplied by the probability of dose being received is > 3 msv Major piece of work to determine Threshold is relatively high

10 The EA s role under Part 2A Guidance on carrying out desk studies Guidance on visual inspection and simple surveys Carry out intrusive investigations on behalf of LA if requested Provide relevant information Local authority decides how to apply Part 2A regime General advice and support If site is formally declared as Radioactive Contaminated Land EA becomes the regulator

11 When radioactive contaminated land is not Radioactive Contaminated Land we call it land contaminated with radioactivity

12 Further information Guidance documents and briefing notes on the Environment Agency s role in radioactive contaminated land can be found here active-contaminated-land

13 What kind of sites? Former radium luminising works Former military airfields where aircraft with luminised dials were broken and burned Former gas mantle factories (thorium) Mineral processing where NORM is present eg. china clay works, tin slag, TiO 2 works Other facilities with legacy contamination, eg. laboratories used in early nuclear research

14 Further information on relevant sites Department for Environment Food and Rural Affairs Industry Profile Industrial Activities Which Have Used Materials Containing Radioactivity March 2006

15 Environmental Permitting Regulations 2010 (1) When a contaminated site is remediated and waste is generated EPR comes into play But not before then contaminated land is not, per se, covered by EPR Assuming site does not have a current permit for radioactive substances activity If it does surrender provisions deal with the contamination

16 Environmental Permitting Regulations 2010 (2) When is a permit needed? 1. Is the waste in scope of the regulations? Waste is from either a listed NORM industrial activity, or a practice using NORM for its radioactive, fertile, or fissile properties, or a practice using artificial radionuclides; and the concentration of activity (Bq/g) exceeds the relevant threshold (different for NIAs and practices).

17 Environmental Permitting Regulations 2010 (3) When is a permit needed? 2. Is the waste covered by an exemption under the regulations? Several relevant exemptions, eg. NORM waste up to 5 Bq/g NORM waste up to 10 Bq/g to specific landfill after assessment very low level waste If in scope and not exempt permit needed for accumulation and disposal of radioactive waste

18 Application forms and guidance Go to these pages for more details on how to apply for a permit active-substances-regulation-for-non-nuclearsites

19 Permit applications some questions Who should hold the permit? What wastes will be generated and how much? How well characterised are the wastes? Have the remediation techniques been optimised? Is there at least one permitted disposal route for solid wastes? Are there constraints set by waste recipient? Where and how will the waste be stored?

20 Estimating volume of waste Detailed survey to map the extent of contamination Decide the end point for remediation When do you stop digging? [Photo withheld for copyright purposes]

21 Optimising remediation techniques Effective removal Minimise volume of waste while ensuring disposability No deliberate dilution Consider radiation protection for operatives Consider costs Consider non-rad contaminants (eg. asbestos)

22 The Permit Sets conditions to control the accumulation and disposal of radioactive waste Defines waste types, disposal methods Numerical limits, time periods etc Underpinned by radiological assessment for direct releases Management conditions, record keeping, incident prevention etc

23 Compliance Inspection-led regime Waste storage conditions Implementing BAT as proposed in application Preventing secondary contamination Waste sentencing methods Audits of records on storage and disposal Demonstration of management procedures Reporting of releases where direct to environment

24 Waste storage

25 Enforcement Compliance Assessment Reports (RASCAR) Scale of responses to non-compliance: Advice and guidance Warning Formal Caution Prosecution Tools: Enforcement Notice Suspension Notice Revocation of permit

26 End of remediation We don t determine the remediation end-point (except where formally RCL) Matter for the land-owner, LA may have a view Potential benchmarks: ambient background levels out of scope values or future wastes not above exempt levels Management plans may be used To prevent exposure to residual contamination To ensure future works on site are controlled

27 Surrender of the permit (1) Accumulation and disposal of radioactive waste has ceased Surrender tests apply to the permitted activity Principles: Measures have been taken to avoid a pollution risk from the regulated facility; Site is returned to a satisfactory state, having regard to the state of the site before the regulated facility was put in to operation

28 Surrender of the permit (2) All radioactive waste from the remediation must be removed Demonstrate that no secondary contamination caused by remediation activities Levels of contamination are no higher than before remediation started (most likely significantly lower), and no previously clean areas are now contaminated

29 Challenges for the regulators 1. Staying within our remit 2. Unfamiliar area for Local Authorities 3. Resources 4. Technically demanding work 5. Assessing alternatives to remediation 6. Handling uncertainty and acting proportionately

30 Forward look Review of RCL regime by Public Health England expected soon Basic Safety Standards Directive 2013 being implemented by 2018 Outcome of consultation on Guidance on the Requirements for Release of nuclear sites from Radioactive Substances Regulation

31 Thank you for listening Any questions?