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The Radioactive Substances (Modification of Enactments) Regulations (Northern Ireland) 2018

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Amendment of the Radioactive Substances Exemption (Northern Ireland) Order 2011

This section has no associated Explanatory Memorandum

3.—(1) The Radioactive Substances Exemption (Northern Ireland) Order 2011(1) is amended in accordance with paragraphs (2) to (12).

(2) In Article 2(1) (interpretation)—

(a)at the appropriate alphabetical place insert—

“the Basic Safety Standards Directive” means Council Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/461/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.;;

(b)after the definition of “gaseous tritium light device” insert—

“high-activity or similar source” means—

(a)

a high-activity source, or

(b)

such other sealed source which, in the opinion of the chief inspector, is of a similar level of potential hazard to a high-activity source;

“high-activity source” means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III of the Basic Safety Standards Directive;;

(c)for the definition “sealed source” substitute—

“sealed source” has the same meaning as in the Basic Safety Standards Directive, excluding such a source where it is an electrodeposited source or a tritium foil source;; and

(d)in the definition beginning “Table 1”, after “Table 4,” insert “Table 4A”.

(3) In Article 3 (interpretation: NORM)—

(a)for paragraph (1), “NORM Waste” substitute—

(1) In this Order “NORM waste” means a substance or article which—

(a)is solid radioactive waste under—

(i)section 1B; or

(ii)except where sub-paragraph (2) applies, section 1C where the waste arises from the remediation of land contaminated by radium;

(b)contains one or more of the radionuclides which are listed in column 1 of Table 4A;

(c)has a concentration of radioactivity that does not exceed the value specified in column 5 of Table 4A in respect of that radionuclide; and

(d)is not waste to which sub-paragraph (4) applies.;

(b)for paragraph (2) substitute—

(2) Land is not contaminated under sub-paragraph (1)(a)(ii) unless the contamination occurred prior to 13 May 2000.;

(c)for paragraph (3) substitute—

(3) In this Order—

(a)“type 1 NORM waste” means NORM waste which—

(i)has a concentration of radioactivity that does not exceed the value specified in column 2 of Table 4A; and

(ii)is not waste to which sub-paragraph (5) applies; and

(b)“type 2 NORM waste” means NORM waste which has a concentration of radioactivity that exceeds the value specified in column 2 of Table 4A..

(d)after paragraph (3) insert—

(4) This paragraph applies to waste where, prior to the disposal of that waste, a person has diluted it with the intention of ensuring that the concentration of radioactivity does not exceed the value specified in column 5 of Table 4A.

(5) This paragraph applies to waste where, prior to disposal of that waste, a person has diluted it with the intention of ensuring that the concentration of radioactivity does not exceed the value specified in column 2 of Table 4A..

(4) In Article 6 (exemption from authorisation under section 14) in paragraph 2(a), after “high-activity” insert “or similar”.

(5) In Article 7 (radioactive substances exempted under articles 5 and 6)—

(a)in paragraph (2) after “waste” insert “.”; and omit “with a NORM waste concentration which is less than or equal to 10Bq/g.”.

(6) In Article 9 (exemption from authorisation under section 14 for NORM waste)—

(a)in paragraph (1)—

(i)omit “Subject to paragraph (2),”;

(ii)substitute “a” with “A”; and

(iii)after “waste” omit “with a NORM waste concentration that does not exceed 10Bq/g”;

(b)omit paragraph (2).

(7) In Article 12 (solid radioactive waste)—

(a)in paragraph (1) for sub-paragraph (a) substitute—

subject to paragraph (2)—

(i)solid radioactive waste described in an entry in column 1 of Table 3 which does not contain a concentration of radionuclides that exceeds the value specified in column 2 of that Table in respect of that kind of waste; or

(ii)a broken or damaged individual sealed source of the type described in the fourth entry in Table 6 (individual sealed sources which are solely radioactive waste because they contain tritium), which would not have exceeded that value specified in column 2 when the source was intact; or;

(b)in paragraph (2)—

(i)in sub-paragraph (b), after “waste” insert “.” and omit “with a NORM waste concentration which is less than or equal to 10 Bq/g.”.

(8) In Article 13 (conditions in respect of solid radioactive waste) in paragraph (2)(d), substitute “Annex II of the HASS Directive” with “Annex XIV of the Basic Safety Standards Directive”.

(9) In Article 19 (exemption from authorisation under section 13 for NORM waste)—

(a)in paragraph (1), after “waste” omit “with a NORM waste concentration that does not exceed 10 Bq/g”;

(b)in paragraph (2)—

(i)in sub-paragraph (a), after “NORM waste” omit “with a NORM waste concentration that does not exceed 5 Bq/g”;

(ii)in sub-paragraph (a)(i), for “5 X 1010 Bq” substitute “the value specified in column 3 of Table 4A”; and

(iii)for sub-paragraph (b) substitute “the quantity of radionuclides exceeds the value specified in column 3 of Table 4A.”

(c)in paragraph (3)—

(i)after “NORM waste” insert “.”; and

(ii)omit “with a NORM waste concentration which exceeds 10 Bq/g.”.

(10) After Article 19 (exemption from authorisation under section 13 for NORM waste) insert—

Exemption for disposing of gaseous NORM waste from oil and gas production

19A.  A person is exempt from authorisation under section 13 in respect of the disposal on premises of NORM waste where the only radioactive waste disposed of is gaseous NORM waste released in the production of oil and gas..

(11) In Article 20 (conditions in respect of NORM waste)—

(a)for sub-paragraph (1)(c)(ii) substitute—

(ii)by incineration (or transfer to a person for such incineration or treatment which is preparatory to the incineration of the waste), but not in respect of—

(aa)type 1 NORM waste, where in respect of the total amount of that waste that is incinerated (or transferred to a person for preparation or incineration) per year the quantity of radionuclides in the total amount of that waste exceeds the value in column 4 of Table 4A; or

(bb)type 2 NORM waste; or.

(12) In Schedule 1 (tables of radionuclides and descriptions of radioactive material and radioactive waste)—

(a)in Table 1 (radionuclides: values of quantities and concentrations), in the final row, in the second column, for “Health Protection Agency’s” substitute “Public Health England”;

(b)in Table 2 (radioactive material and accumulated radioactive waste: values of maximum quantities), in the final row, in the second column, for the words from “in respect” to the end substitute “2 x 108 Bq of all other radionuclides (no more than 1 x 108 Bq of which is contained in radioactive material)”;

(c)after paragraph 3(b) following Table 4 (aqueous radioactive waste values) insert—

Table 4A

NORM waste concentrations and maximum disposal quantities

RadionuclideType 1 NORM concentration (Bq/g)Type 1 NORM total activity for landfill (GBq/year)Type 1 NORM total activity for incineration (MBq/year)Type 2 NORM concentration (Bq/g)
U-238sec55010010
U-238+55010010
U-23455010010
Th-23055010010
Ra-226+55010010
Pb-210+1001000100200
Po-2101001000100200
U-235sec55010010
U-235+55010010
Pa-23155010010
Ac-227+55010010
Th-232sec55010010
Th-23255010010
Ra-228+55010010

1.  The summation rule in respect of columns 2 and 5 of Table 4A is the sum of the quotients A/B where—

(a)“A” means the concentration of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

(b)“B” means the concentration of the radionuclide specified in column 2 or 5 (as appropriate) of Table 4A.

2.  The summation rule in respect of columns 3 and 4 of Table 4A is the sum of the quotients C/D where—

(a)“C” means the quantity of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

(b)“D” means the quantity of that radionuclide specified in column 3 or 4 (as appropriate) of Table 4A..

(d)in Table 5 (radionuclides in secular equilibrium)—

(i)in the entry for Ra-226+—

(aa)after “Table 1 ” insert “and Table 4A”; and

(bb)for “Pb-210, Bi-210, Po-210, Po-214” substitute “Po-214, Pb-210, Bi-210, Po-210”; and

(ii)in the entry for “U-238 sec” for Pb-210, Bi-210, Po-210, Po-214” substitute “ Po-214, Pb-210, Bi-210, Po-210”.

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