Radioactive Waste - LSA and NORM

• Radioactive Substances Act 1993
• Environmental Permitting (England and Wales) Regulations 2010

Please note that in England and Wales, RSA 93 was migrated into Schedule 23 of the Environmental Permitting Regulations 2010 in April 2010 (with the exception of the exemption orders which remain in RSA 93 until this review is completed).

• The Radioactive Substances (Phosphatic Substances, Rare Earths etc.) Exemption Order 1962

Registration for accumulation of radioactive substances is required under the Radioactive Substances Act 1993, although there are exemptions for low level activity substances.

There are currently 18 Exemption Orders in force in under the Radioactive Substances Act 1993 relating to naturally occurring radioacivitiy and substances of low activity (amongst others). A full list is available on the DECC website.

In Scotland the Radioactive Substances Exemption (Scotland) Order 2011 has been published which revokes and replaces the existing 18 Exemption Orders in Scotland. This Order will come into force on 1st October 2011. This order extends to Scotland only (up to the 12 mile territorial waters line).

The 18 Exemption Orders are currently under review in England and Wales (see Pending Legislation)

• Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

These Regulations require an exemption for any oil contamination on LSA that is to be discharged.

• Convention on the Protection of the Marine Environment of the North East Atlantic 1992 (OSPAR Convention)
• PARCOM Recommendation 91/4 on Radioactive Discharges
• PARCOM Recommendation 94/8 Concerning Environmental Impact Resulting from Discharges of Radioactive Substances
• OSPAR Decision 98/2 on Dumping of Radioactive Waste

Radioactive Waste

Certificate of Authorisation to Accumulate and Dispose of Low Level Liquid Radioactive Waste under Sections 13 and 14 of the Radioactive Substances Act (RSA) 1993 is required for the discharge of liquid radioactive waste. Authorisation must be posted on the installation.

Some radioactive wastes from offshore may be exempt from registration due to their low levels of activity (see Exemptions).

Oil Contamination

Where LSA waste may be oil contaminated, an OPPC Permit will also be required (see Produced Sand and Scale) prior to discharge.

Some accumulation and disposals are exempted from licensing requirements due to low levels of activity.

Exemption Orders are currently under review (see Pending Legislation).

The performance standards relating to the release of oily LSA sand, scale and sludge are specific to each case. 

Permits issued under the OPPC Regulations will detail limits on oil discharges, including annual reductions in discharge required (see Produced Sand and Scale for more information).

Reinjection downhole with produced water streams or if associated with drill cuttings reinjection is allowed.

However, transfer offshore "back to source" from any onshore accumulation is not currently permitted under the London Dumping Convention.

Prior to offshore disposal a sample of the material must be taken and analysed for radioactivity levels and types.

An estimate of the total activity to be disposed of must be made and recorded.

Also see Produced Sand and Scale if any oil contamination.

Samples of scale/slurry to be taken at the discharge point whilst the operation is under way. Every de-scaling operation must be sampled.

Solids to be analysed by high resolution gamma spectrometry for Ra-226, Ra-228, Pb210 and Th-228. Activity concentration in Bq/l multiplied by total volume of water discharged.

A sampling/analysis protocol is being developed and will be issued to operators.

Reports of the types and quality of wastes disposed of both offshore and onshore are required.

Reports to be submitted to SEPA or EA as appropriate on an annual basis by 1st April of the following year.

Additional OSPAR analysis - to be reported via the DECC EEMS system (see EEMS website).

Also see Produced Sand and Scale if any oil contamination.

SEPA/EA Reports on radioactive waste disposal should be made annually by 1st April of the following year.

OSPAR analysis - via the DECC EEMS system on a quarterly basis.

If in breach of Certificate of Registration, report immediately to SEPA or EA.

Renewal/Variation – Oil Contamination

If oil contaminated LSA scale or sludge is included in the Fields Life Permit under the OPPC Regulations, this will be reviewed at a frequency stipulated in the permit schedule.  The minimum frequency of review will be every three years (see Produced Sand and Scale).  If planning to change the amount/frequency of discharge, an application for a Variation will be needed.  This must be prepared by amending the original application and clearly highlighted. Variations will be dealt with by DECC as quickly as possible, but 28 days should be allowed for the assessment of any significant changes.

If a Term Permit has been issued under the OPPC Regulations (i.e. for an activity specific time limited discharge operation), this will only be valid for that operation and will expire after this time.  A new application will be required for new planned discharge operations.

The proposed new regime provides a way to meet modern requirements for the regulation of ubiquitous and low risk radioactive materials and waste.

It is proposed that the final Phase will bring the new exemptions regime into force in April 2011.

The principles and requirements for near-surface disposal facilities dealing with radioactive waste have been set down in a new guidance document that was released on the 18 February 2009. Further information can be obtained on the SEPA website.

The updated guidance was developed in consultation with industry and prepared jointly with the Environmental Agency in England and Wales.

Guidance for landfill operators on low-level and very low-level radioactive waste

New guidance for landfill operators on low-level and very low-level radioactive waste has been published by the Environment Agency for landfill operators who may want to accept low-level and very low-level radioactive waste for disposal.

Those landfill sites in England and Wales wishing to accept this type of waste will have to apply to the Environment Agency for an authorisation, and in doing so to justify the suitability of their sites. The Environment Agency will then properly assess their applications, and if satisfied authorise disposals and regulate these sites.

Authorisations granted for the controlled disposal of low-level radioactive waste at landfill will to have additional requirements and controls, compared to those for the disposal of very low-level radioactive waste. The Environment Agency will require sites authorised for disposal to be strictly monitored, and will ensure the results from this are published.

DEFRA has a number of consultations ongoing to review the UK strategy for radioactive waste disposal in line with OSPAR requirements. Consultation on these closed on 30 September 2008.

• Consultation on the draft UK strategy for radioactive discharges 2006-2030
• Consultation on draft Statutory Guidance to the Environment Agency on the regulation of radioactive discharges into the environment

In parallel to this the Environment Agency and SEPA also have a number of consultations ongoing (also ended 30 September 2008)

• Environment Agency - Radioactive Substances Regulation Environmental Principles (REPs) and Assessment of Best Available Techniques (BAT)
• SEPA - Consultation on Guidance on Requirements for Authorisation of Radioactive Waste Disposal Facilities
  

A policy statement, Policy Statement for the Long Term Management of Solid Low Level Radioactive Waste in the United Kingdom (pdf), was published in March 2007 as a result of public consultation.  The policy amends or replaces relevant parts of the ‘Review of Radioactive Waste Policy: Final Conclusions’ White Paper published in July 1995.  The policy statement covers all aspects of generation, management and regulation of solid low level radioactive waste.

SEPA discussed regulation of radioactive substances with the oil and gas industry in October 2000. Main points of discussion:

The majority of SEPA’s offshore inspections performed on offshore oil and gas installations require enforcement actions. SEPA believed this could be addressed by taking the following points into consideration:

• Consider how radioactive waste can be controlled, i.e. how NORM/LSA can be disposed of (only avenues at present are to sea, or via 1 or 2 available onshore facilities).
• Disposal to sea - weight/mass to sea (Bq/g) measurements should be properly assessed
• Solid waste to sea – a particle size limit exists on licences, usually <1 mm, so ensure contractors have the necessary equipment to fulfill this requirement.
• Put formalised procedures in place to demonstrate licence compliance/authorisation.
• Keep records – e.g. discharging 30 tonnes and taking 1 sample is not representative. In addition, operators usually hand over responsibility for sampling to contractors. Police contractors better.
• Waste to sea below regulatory control levels – demonstrate basis for using exemption order (e.g. why dump it), use sampling.
• Shore-based contamination of trucks leaving bases – about 2 incidents per month. Use of detection devices could mitigate this at a fraction of cleanup costs (e.g. £25k to set up/run detection system, versus possible £250k to clean up)! Please give consideration – not a legal requirement.
• Applications – consent to accumulate/dispose radioactive waste requires an authorisation from SEPA but there is a period of 28 days from licence issue to its coming into effect. SEPA must give this consent within 4 months of the application date, unless both parties agree otherwise.
• Enforcement of the SEPA authorisation has three stages – a notice that the licence holder has, or is likely to, break authorisation conditions; a notice that the licence holder is causing “immediate harm to health/environment”; followed by prosecution. This process might not follow in sequence, if a serious breach were discovered.