Review of RSA Exemption Orders

Chris WilsonRadioactive Substances DivisionDefra

Overview

• What are exemption orders?• What is the framework for reviewing them?• What are the major issues?• What are the timescales?• What are the major dependencies?

Exemption Orders

18 RSA EXEMPTION ORDERS (including SOLA)They apply to:• specific practices/work activities• particular types of radioactive materials &

wasteMany EOs over 30 years old; some have been

updated/amended

Purpose

• RSA ensures control over radioactive waste.• Prior Registration for Keeping and Use• Prior authorisation to Accumulate and Dispose

of Radioactive Waste• EOs avoid over regulation• Focus on significant cases

NORM (7)

Precipitated phosphate; Phosphatic substances, rare earths; Lead; Uranium and thorium; Prepared uranium and thorium compounds; Geological specimens; Natural Gas

Others (11)

• Electronic Valves, GTLDs, Testing Instruments, Smoke Detectors, Luminous Articles

• Exhibitions, Schools, Hospitals

• Waste Closed Sources, Storage in Transit

• Sola

Exemption Orders - Virtues

• Natural Radionuclides• Low level Artificial Radionuclides• Efficient for Same Activity at Different

Locations

Exemption Orders - Vices

• Difficult to Interpret

• Out of Date Descriptions• Materials/Products• Establishments

A New Opportunity• Objective is Better Regulation • Options are Open to

• Change• Revoke• Add to• Restructure EOs• And even to alter Schedule 1

Success Criteria

• Proportionate, risk-informed legislation having:-• Clear language;

• Legal robustness;

• Flexibility• Transparency

• Easier to use (and seen as such)

Exemption Order Review ProgrammeSponsors:Defra, SE, WAG, EHS (NI), EA, SEPA, NDA

Governance

• Programme board• Programme management• Projects and working groups

Overall Programme

Phase 2 Plan

Analysis of Data

Assess Options

Interdepartmental Consultation

Options to be approved by Programme Board

Ministerial Approval Sought for Public Consultation

Public Consultation on Architecture

Road Map to Consultation

Options Assessment Process

Identify Options

Define Criteria and Attributes

Assessed by Expert Groups

Make Recommendation

Architecture• What has been considered

Architecture – Cross Cutting Issues

• Revocations – what is not used and what is covered elsewhere?

• Schedule 1 and Sola – what should be excluded and what unconditionally exempt?

• How do we treat conditional exemptions?• Guidance will always be needed

Architecture - Revocations

• Exhibitions – unused?• Precipitated Phosphates –unused?• Schools – Unique need?• Hospitals – Unique need?

Architecture - Schedule 1

• Radionuclides v. Radioelements• Derivation of numbers• Inclusion of anthropogenics

Architecture - Sola

• Is a general clearance/exemption value sufficient?

• Should it be nuclide specific?• Should it be material specific? • Should it include aqueous liquids?

Possible ArchitecturesDo Nothing

Minor Updates

Full update of existing EOs

Rebrigade EOs

Top level EO(s) - detail in schedules

Dose based approach

Reappraisal of numerical values Not applicable

Reappraisal of SoLA – including high volume component (clearance?) Reappraisal of Schedule 1 – possible change to nuclide specific values or to include artificial

Revocation of some EOs Guidance

Numbers• Exclusion• Unconditionally Exempt• Conditionally Exempt/Generically

Authorised

Major Dependencies

• Environmental Permitting Programme• Revision of Euratom and IAEA BSS• Treatment of non-radioactive hazards and

“waste”.

Current Work• Working group on Schedule 1• Impact of new numbers in EOs on LLW waste

volumes• Current and anticipated uses of EO regime• Meaning of ‘substantially insoluble’ • Updating Web Pages

• http://www.defra.gov.uk/environment/radioactivity/government/legislation/exemption_orders_review.htm

Contact us at

Programme officer Bini Shah - email comments to eo-review@defra.gsi.gov.uk