Regulation 3 Amendment of the Radioactive Substances Exemption (Northern Ireland) Order 2011

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.;”;

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

• ““high-activity or similar source” means—

  1. (a)

     a high-activity source, or

  2. (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;”;

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

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

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.”;

for paragraph (2) substitute—

“(2)

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

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.”.

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.”.

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

in paragraph (1)—

omit paragraph (2).

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”;

in paragraph (2)—

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

in paragraph (2)—

in paragraph (3)—

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”.

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”;

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)”;

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

“

Table 4A

NORM waste concentrations and maximum disposal quantities

Radionuclide	Type 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-238sec	5	50	100	10
U-238+	5	50	100	10
U-234	5	50	100	10
Th-230	5	50	100	10
Ra-226+	5	50	100	10
Pb-210+	100	1000	100	200
Po-210	100	1000	100	200
U-235sec	5	50	100	10
U-235+	5	50	100	10
Pa-231	5	50	100	10
Ac-227+	5	50	100	10
Th-232sec	5	50	100	10
Th-232	5	50	100	10
Ra-228+	5	50	100	10

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.”.

in Table 5 (radionuclides in secular equilibrium)—