Regulatory Framework for Contaminated Land on Nuclear and Other Radioactively Contaminated Sites

1. Regulatory Framework for Contaminated Land on Nuclear and Other Radioactively Contaminated Sites Marion D Hill BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

2. Types of Site Nuclear sites • nuclear licensed sites (civil and defence) • associated land • non-licensed defence nuclear sites Other sites • civil and defence • current use and for development BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

3. Nuclear Sites – Radioactive Contamination Principal regulatory regimes • Health and Safety at Work etc Act and Nuclear Installations Act • (Radioactive Substances Act – waste disposal) Principal regulators • HSE (NII and OCNS) • (EA and SEPA for waste disposal) • DNSR for MoD Main regulatory guidance • HSE Safety Assessment Principles for Nuclear Facilities BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

4. SAPs Definition of “Radioactively Contaminated Land” • “land containing radioactive contamination that would preclude HSE giving notice in writing that in its opinion there ceases/has ceased to be any danger from ionising radiations on the site or part of the site” • in effect, any land that would present a risk of death to an individual from radiation exposure of more than one in a million per year, in any future use of the land BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

5. HSE Principles for Managing Radioactively Contaminated Land SAPs for radioactively contaminated land cover: • preparation of a management strategy • detection of contamination on or adjacent to the site • identifying and controlling the source of contamination • characterisation of contaminated areas • monitoring and surveillance • remediation • record keeping BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

6. Safety Cases and Enforcement Safety cases • for all radioactively contaminated land • compatible with land management strategies • review existing safety cases for plant when new contaminated areas are discovered • detail should reflect extent and nature of contamination, harm it could cause, how much it could spread Enforcement • HSE powers derive from conditions attached to nuclear site licences BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

7. Delicensing • need to show risk less than 1 in a million (10-6) • need to show no other inexpensive remediation method available (for ALARP) • take into account contamination in soils, rocks, surface water, groundwater, structures to be left in place • consider range of exposure pathways wide enough to cover all future uses of land • if use IAEA clearance levels, also make sure future users of land will not become subject to Radioactive Substances Act if they generate wastes BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

8. Nuclear Sites – Non-Radioactive Contamination Current use • “special sites” under Part 2A • regulated by environment agencies • see Statutory Guidance for Part 2A (separate for England, Scotland and Wales) New uses after delicensing • planning regime • local authorities regulate development • guidance in PPS23 (England), PAN33 (Scotland), WLGA, WAG and EA guide (Wales) BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

9. Nuclear Sites – Mixed Contamination • regimes for both radioactive and non-radioactive contamination apply • HSE and environment agencies decide how to fulfil their responsibilities, using their Memoranda of Understanding as a basis • nuclear safety takes precedence BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

10. Other Sites – Radioactive Contamination on Land in its Current Use • Part 2A applies in England, Scotland and Wales • Northern Ireland has separate regulations • “radioactive contaminated land” if individual dose from “lasting exposure” more than 3mSv/year (and in Scotland if dose rates to animals and plants are above specified levels) • environment agencies regulate (“special sites”) • land contaminated by nuclear and radiological accidents included, but not in immediate aftermath of accident BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

11. Other Sites – Radioactive Contamination on Land for Development • planning regime • “radioactive contamination” generally taken to mean activity levels above the ubiquitous natural and artificial background typical of the area in which the site is located • only specific regulatory framework is for radioactive wastes (Radioactive Substances Act) • Health Protection Agency advice: • no remediation if risk in new use below 10-6 • remediate if risk above 10-5 • between levels assess options for remediation BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination

12. Possible Future Developments • revision of the definitions of “radioactive materials” and “radioactive wastes” • via Defra and devolved administrations review of Exemption Orders under Radioactive Substances Act • if based on risk of 10-6, then could have consistent definitions of “radioactively contaminated land”, “radioactive materials” and “radioactive wastes” • would simplify HSE delicensing guidance and enable better guidance to be produced for other sites • further HPA advice BRMF & SAFESPUR, Radioactive v Non-Radioactive Contamination