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The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018

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Regulation 7

SCHEDULEAmendment of Schedule 23

This schedule has no associated Explanatory Memorandum

Amendment of Part 2 (interpretation)

1.  Part 2 is amended as follows.

2.  In paragraph 1(2), for “or either of Tables 5 and 7” substitute “or any of Tables 4A, 5 or 7”.

3.  In paragraph 2(1), in the definition of “type 2 NORM industrial activity”, after paragraph (k) omit “or” and insert—

(ka)geothermal energy production, or.

4.  In paragraph 3(1), after “9” insert “, 9A”.

5.  After paragraph 6 insert—

Dilution to reduce concentration of radioactivity

6A.  For the purposes of paragraphs 4, 5 and 6, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in paragraph 4(2), 5(c)(i) or 6(a), if a person has diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value..

6.  After paragraph 9 insert—

Historic radium contamination

9A.  A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

(a)the substance or article contains Ra-226 or its progeny;

(b)in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule;

(c)the contamination occurred prior to 13th May 2000; and

(d)the concentration of Ra-226 or any of its progeny does not exceed the following values—

(i)for a substance or article which is a solid or a substance which is a relevant liquid, 1 Bq/g;

(ii)for a substance which is any other liquid, 1 Bq/1; or

(iii)for a substance which is a gas, 0.01 Bq/m3..

Amendment of Part 3 (tables of radionuclides and summation rules)

7.  Part 3 is amended as follows.

8.  In paragraph 1(1), in Table 1, in the entries for U-238sec, Ra-226+, Th-232sec and Th-228+, in the second column of each entry for “0.5” substitute “1”.

9.  In paragraph 2(1), for Table 2 substitute—

RadionuclideConcentration in becquerels per gram (Bq/g)
H-3102
Be-710
C-1410
F-1810
Na-220.1
Na-241
Si-31103
P-32103
P-33103
S-35102
Cl-361
Cl-3810
K-42102
K-4310
Ca-45102
Ca-4710
Sc-460.1
Sc-47102
Sc-481
V-481
Cr-51102
Mn-5110
Mn-521
Mn-52m10
Mn-53102
Mn-540.1
Mn-5610
Fe-52+10
Fe-55103
Fe-591
Co-5510
Co-560.1
Co-571
Co-581
Co-58m104
Co-600.1
Co-60m103
Co-61102
Co-62m10
Ni-59102
Ni-63102
Ni-6510
Cu-64102
Zn-650.1
Zn-69103
Zn-69m+10
Ga-7210
Ge-71104
As-73103
As-7410
As-7610
As-77103
Se-751
Br-821
Rb-86102
Sr-851
Sr-85m102
Sr-87m102
Sr-89103
Sr-90+1
Sr-91+10
Sr-9210
Y-90103
Y-91102
Y-91m102
Y-92102
Y-93102
Zr-9310
Zr-95+1
Zr-97+10
Nb-93m10
Nb-940.1
Nb-951
Nb-97+10
Nb-9810
Mo-9010
Mo-9310
Mo-99+10
Mo-101+10
Tc-961
Tc-96m103
Tc-9710
Tc-97m102
Tc-991
Tc-99m102
Ru-9710
Ru-103+1
Ru-105+10
Ru-106+0.1
Rh-103m104
Rh-105102
Pd-103+103
Pd-109+102
Ag-1051
Ag-108m+0.1
Ag-110m+0.1
Ag-111102
Cd-109+1
Cd-115+10
Cd-115m+102
In-11110
In-113m102
In-114m+10
In-115m102
Sn-113+1
Sn-12510
Sb-12210
Sb-1241
Sb-125+0.1
Te-123m1
Te-125m103
Te-127103
Te-127m+10
Te-129102
Te-129m+10
Te-131102
Te-131m+10
Te-132+1
Te-133+1
Te-133m+1
Te-13410
I-123102
I-125102
I-12610
I-1290.01
I-13010
I-131+1
I-13210
I-13310
I-13410
I-13510
Cs-12910
Cs-131103
Cs-13210
Cs-1340.1
Cs-134m103
Cs-135102
Cs-1361
Cs-137+1
Cs-13810
Ba-13110
Ba-1401
La-1401
Ce-1391
Ce-141102
Ce-14310
Ce-144+10
Pr-142102
Pr-143103
Nd-147102
Nd-149102
Pm-147103
Pm-149103
Sm-151103
Sm-153102
Eu-1520.1
Eu-152m102
Eu-1540.1
Eu-1551
Gd-15310
Gd-159102
Tb-1601
Dy-165103
Dy-166102
Ho-166102
Er-169103
Er-171102
Tm-170102
Tm-171103
Yb-175102
Lu-177102
Hf-1811
Ta-1820.1
W-18110
W-185103
W-18710
Re-186103
Re-188102
Os-1851
Os-191102
Os-191m103
Os-193102
Ir-1901
Ir-1921
Ir-194102
Pt-19110
Pt-193m103
Pt-197103
Pt-197m102
Au-19810
Au-199102
Hg-197102
Hg-197m102
Hg-20310
Tl-20010
Tl-201102
Tl-20210
Tl-2041
Pb-20310
Pb-210+0.01
Pb-212+1
Bi-2061
Bi-2070.1
Bi-21010
Bi-212+1
Po-20310
Po-20510
Po-20710
Po-2100.01
At-211103
Ra-223+1
Ra-224+1
Ra-22510
Ra-226+0.01
Ra-227102
Ra-228+0.01
Ac-227+0.01
Ac-2281
Th-226+102
Th-2271
Th-228+0.1
Th-229+0.1
Th-2300.1
Th-231102
Th-2320.01
Th-232+0.01
Th-232sec0.01
Th-234+10
Pa-23010
Pa-2310.01
Pa-23310
U-230+1
U-231102
U-232+0.1
U-2331
U-2341
U-235+1
U-235sec0.01
U-23610
U-237102
U-238+1
U-238sec0.01
U-239102
U-240+102
Np-237+1
Np-239102
Np-24010
Pu-234102
Pu-235102
Pu-2361
Pu-237102
Pu-2380.1
Pu-2390.1
Pu-2400.1
Pu-24110
Pu-2420.1
Pu-243103
Pu-244+0.1
Am-2410.1
Am-242103
Am-242m+0.1
Am-243+0.1
Cm-24210
Cm-2431
Cm-2441
Cm-2450.1
Cm-2460.1
Cm-247+0.1
Cm-2480.1
Bk-249102
Cf-246103
Cf-2481
Cf-2490.1
Cf-2501
Cf-2510.1
Cf-2521
Cf-253102
Cf-253+1
Cf-2541
Es-253102
Es-254+0.1
Es-254m+10
Fm-25410 4
Fm-255102
0.01
Any other solid or relevant liquid radionuclide that is not of natural terrestrial or cosmic originor that concentration which gives rise to a dose to a member of the public of 10 microsieverts per year calculated by reference to the International Atomic Energy Agency publication “Application of the Concepts of Exclusion, Exemption and Clearance”, IAEA Safety Standards Series No. RS-G-1.7(1).

Amendment of Part 4 (the Basic Safety Standards Directive)

10.  Part 4 is amended as follows.

11.  In paragraph 1(b)—

(a)for “Article 13” substitute “Article 12”; and

(b)for “Article 6(4) substitute “Article 5(c)”.

12.  In paragraph 2—

(a)in sub-paragraph (1)(a) omit “from which radioactive discharges are first made on or after 13th May 2000”; and

(b)for sub-paragraph (2) substitute—

(2) In exercising those relevant functions, the regulator must observe the requirements of the following provisions—

(a)when estimating effective dose and equivalent dose—

(i)from external exposure, chapters 4 and 5 of International Commission on Radiological Protection Publication 116(2); and

(ii)from internal exposure, chapter 1 of International Commission on Radiological Protection Publication 119(3); and

(b)in estimating population doses, Article 66 of the Basic Safety Standards Directive..

13.  After Section 2 insert—

SECTION 3Miscellaneous duties of the regulator

Inspection programmes

5.  When establishing an inspection programme for the purposes of regulation 34(2) (periodic inspections of regulated facilities) in relation to radioactive substance activities, the regulator must take into account the potential magnitude and nature of the hazard associated with such activities, a general assessment of radiation protection issues in the activities, and the state of compliance with the requirements of these Regulations.

Inspection findings

6.  Where a regulator makes an inspection of a regulated facility that is a radioactive substances activity, the regulator must—

(a)record the findings of that inspection; and

(b)communicate those findings to the operator of the regulated facility.

Radioactive waste: requirements to be imposed on permit holders

7.(1) The regulator must require a person who holds an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) or (c) (accumulating waste) of Part 2 of this Schedule to—

(a)achieve and maintain an optimal level of protection of members of the public;

(b)accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

(c)check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

(d)seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

(2) In this paragraph “radioactive waste adviser” means an individual, or group of individuals, with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the regulator.

Dilution of radioactive material and radioactive waste

8.  In exercising its relevant functions in relation to a radioactive substances activity, the regulator must observe the requirements of Article 30(4) of the Basic Safety Standards Directive.

Monitoring of discharges

9.(1) This paragraph applies where the regulator is exercising relevant functions in relation to a radioactive substances activity where there are radioactive discharges authorised by an environmental permit.

(2) The regulator must impose appropriate environmental permit conditions concerning—

(a)the monitoring, or the evaluation, of radioactive airborne or aqueous discharges into the environment; and

(b)the reporting to the regulator of the results of such monitoring or evaluation.

(3) For the purposes of sub-paragraph (2), where the regulator is exercising relevant functions in relation to a nuclear power station or nuclear reprocessing plant, the environmental permit conditions imposed must require the monitoring of radioactive discharges and reporting to the regulator of such information on radioactive discharges as the appropriate authority directs..

Amendment of Part 5 (the HASS Directive)

14.  Part 5 is amended as follows.

15.  For the heading to Part 5 substitute “The control of high-activity and other sources”.

16.  In paragraph 1—

(a)for the definition of “high-activity source” substitute—

“ 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;;

(b)in the definitions of “orphan source” and “sealed source”, for “HASS Directive” substitute “Basic Safety Standards Directive”.

17.  In the heading to section 3, omit “orphan”.

18.  For paragraph 5 substitute—

5.  In exercising relevant functions in relation to a radioactive substances activity, the regulator must comply with Articles 85 to 89 and 91 of the Basic Safety Standards Directive..

19.  For paragraph 6 substitute—

6.  In relation to a high-activity source, the regulator must keep records of those matters—

(a)required by Article 90 of the Basic Safety Standards Directive, and

(b)notified to it under Article 91(1) of that Directive..

20.  In paragraph 8, in sub-paragraph (1)(a), before “recover”, insert “control and”.

Amendment of Part 6 (radioactive substances activity exemptions)

21.  Part 6 is amended as follows.

22.  In paragraph 1—

(a)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 regulator, 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;;

(b)for the definition of “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

(c)in the definition commencing ““Table 4””, after ““Table 4”,” insert ““Table 4A”,”.

23.  For paragraph 2 substitute—

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

(a)is solid radioactive waste under—

(i)paragraph 4 of Part 2 of this Schedule (NORM industrial activities); or

(ii)paragraph 5 of that Part (processed radionuclides of natural terrestrial or cosmic origin) where the waste arises from the remediation of land contaminated by radium and the contamination occurred prior to 13 May 2000;

(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 (3) applies.

(2) In this Part—

“type 1 NORM waste” means NORM waste which—

(a)

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

(b)

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

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

(3) This sub-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.

(4) This sub-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 2 of Table 4A..

24.  In paragraph 4, at the end insert—

(8) D is not exempt under sub-paragraph (7) from the requirement for an environmental permit where the waste accumulated is or contains a high-activity or similar source..

25.  In paragraph 5(2) omit “with a NORM waste concentration which is less than or equal to 10 Bq/g”.

26.  In paragraph 7—

(a)for sub-paragraph (1) substitute—

(1) This paragraph applies to the following radioactive substances activities—

(a)the activity described in paragraph 11(2)(c) of Part 2 of this Schedule (“Activity A”);

(b)the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”);

(b)in sub-paragraphs (2) and (3)—

(i)omit “Subject to sub-paragraph (5) where it applies,” in both places it appears;

(ii)for “Qualifying NORM Waste” substitute “NORM waste” in both places it appears; and

(c)omit sub-paragraphs (4) and (5).

27.  In paragraph 16—

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

(a)subject to sub-paragraph (2)—

(i)solid radioactive waste described in an entry in column 1 of Table 6 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 the value specified in column 2 when the source was intact, or.

(b)in sub-paragraph (2)(b) omit “with a NORM waste concentration which is less than or equal to 10 Bq/g”.

28.  For paragraph 17(2)(d) substitute—

(d)where the waste is a high-activity or similar source, notify the details of the disposal to the regulator within 14 days of the disposal (including, for a high-activity source, the information required by Annex XIV of the Basic Safety Standards Directive), in such form as may be required by the regulator, and.

29.  In paragraph 18—

(a)for sub-paragraph (1) substitute—

(1) This paragraph applies to the following radioactive substances activities carried on in respect of NORM waste—

(a)the activity described in paragraph 11(2)(b) of Part 2 of this Schedule (“Activity A”); and

(b)the activity described in paragraph 11(4) of Part 2 of this Schedule (“Activity B”).;

(b)in sub-paragraph (2)—

(i)at the beginning omit “Subject to sub-paragraph (6),”; and

(ii)omit “type 1 NORM waste or type 2”;

(c)in sub-paragraph (4)—

(i)in both places it appears, for “5 x 1010 Bq” substitute “the value specified in column 3 of Table 4A”; and

(ii)at the beginning of paragraph (b) omit “subject to sub-paragraph (6),”;

(d)at the beginning of sub-paragraph (5) omit “Subject to sub-paragraph (6),”; and

(e)omit sub-paragraphs (6) and (7).

30.  After paragraph 18 insert—

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

18A.  A person is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) of Part 2 of this Schedule where the only radioactive waste disposed of is gaseous NORM waste released in the production of oil and gas..

31.  In paragraph 19(2)(b)(i) for “1 x 108 Bq” substitute “the value in column 4 of Table 4A”.

32.  In paragraph 25, in Table 4, 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)”.

33.  After paragraph 25 insert—

Table 4A

25A.(1) The Table 4A referred to in Sections 2, 5 and 6 of this Part is—

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
U238+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
Th-228+55010010

(2) 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 that radionuclide specified in column 2 or 5 (as appropriate) of Table 4A.

(3) 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..

34.  In paragraph 26—

(a)in sub-paragraph (1), in Table 5, in the final row of column 2 for “Health Protection Agency’s” substitute “Public Health England”;

(b)in sub-paragraph (3), for “column 2” substitute “column 3”.

35.  In paragraph 30, in Table 8—

(a)in the entry for Ra-226+—

(i)before “Table 5” insert “Table 4A and”; and

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

(b)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”.

(1)

Available from www-pub.iaea.org. A hard copy of this publication can be obtained by writing to: Nuclear Decommissioning and Radioactive Waste Policy Team, Department for Business, Energy & Industrial Strategy, 1 Victoria Street, London, SW1H 0ET.

(2)

Available from www.icpr.org. A hard copy of this publication can be obtained by writing to: SAGE Publications Ltd, 1 Oliver’s Yard, 55 City Road, London, EC1Y 1SP.

(3)

Available from www.icpr.org. A hard copy of this publication can be obtained by writing to: Nuclear Decommissioning and Radioactive Waste Policy Team, Department for Business, Energy & Industrial Strategy, 1 Victoria Street, London, SW1H 0ET.

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