Basic Safety Standards Directive (BSSD) Michael Ainsworth WCSSG November 2017

Contents BSSD transposition proposals Introduction Dose estimation Radioactive contamination Emergency Preparedness & Response Waste management Other changes

Introduction Basic Safety Standards Directive (1959) Produced following the Euratom Treaty (1957) Aim; Establish uniform standards of radiation protection Protect against dangers from exposure to ionising radiation for; Workers Public Revised in 1962, 66, 76, 80, 84, 96 and latest in 2013 UK signed up to Treaties of Rome (and hence Euratom) in 1973 The aim of the Directive is to establish uniform basic safety standards to protect the health of workers and the general public against the dangers of ionising radiation. The 2013 BSSD consolidates, updates and supersedes the following: Basic Safety Standards Directive 96/29/Euratom (1996 BSSD) Medical Exposures Directive 97/43/Euratom Outside Workers Directive 90/641Euratom Control of high-activity sealed radioactive sources and orphan sources 2003/122/Euratom (HASS Directive) Public Information Directive 89/618/Euratom Radon, Commission Recommendation 90/143/Euratom 15+ Gov departments, Devolved administrations and regulators, etc., impacted by BSSD13 Maintain the UK's high standards of radiological protection of the public in existing and planned exposure situations. Minimise the environmental and economic cost of implementing these standards by, ensuring that they are streamlined and proportionate. Demonstrate UK compliance with the latest recommendations and safety standards issued by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA) and fulfill the UK's obligations under Euratom law. Ensure, where possible, consistent application of BSSD requirements by BEIS and the Devolved Administrations in order to maintain a level playing field for industry. Transposition deadline is 6 February 2018

Introduction BSSD 2013 Aims: (1) Modernisation of European Radiation Protection Legislation Take account of latest scientific findings (e.g. ICRP 2007), technological development as well as operational experience since 1996 Cover all radiation sources – including natural radiation Cover all exposure situations – planned, existing, emergency Integrate protection of workers, members of the public, patients and the environment Harmonise, to the extent possible, numerical values with international standards (2) Consolidation of 5 existing directives and 1 recommendation (on radon) The BSSD 2013 consolidates and updates existing Euratom provisions for protection against the harmful effects of ionising radiation. It establishes minimum standards for radiological protection of workers, medical patients and the public in existing, planned and emergency situations. The 2013 BSSD consolidates, updates and supersedes the following: Basic Safety Standards Directive 96/29/Euratom (1996 BSSD) Medical Exposures Directive 97/43/Euratom Outside Workers Directive 90/641Euratom Control of high-activity sealed radioactive sources and orphan sources 2003/122/Euratom (HASS Directive) Public Information Directive 89/618/Euratom Radon, Commission Recommendation 90/143/Euratom

Introduction 2013 BSSD Few major changes Particular focus areas; Public; protection from natural radiation sources (e.g. radon & NORM) Occupational; protection from natural radiation sources e.g. pilots, radon in workplaces Medical; better protection of patients by avoiding incidents and accidents in radiodiagnosis and radiotherapy Emergency exposures; strengthen emergency preparedness and response: learn from Fukushima The aim of the Directive is to establish uniform basic safety standards to protect the health of workers and the general public against the dangers of ionising radiation. The 2013 BSSD consolidates, updates and supersedes the following: Basic Safety Standards Directive 96/29/Euratom (1996 BSSD) Medical Exposures Directive 97/43/Euratom Outside Workers Directive 90/641Euratom Control of high-activity sealed radioactive sources and orphan sources 2003/122/Euratom (HASS Directive) Public Information Directive 89/618/Euratom Radon, Commission Recommendation 90/143/Euratom 15+ Gov departments, Devolved administrations and regulators, etc., impacted by BSSD13 Maintain the UK's high standards of radiological protection of the public in existing and planned exposure situations. Minimise the environmental and economic cost of implementing these standards by, ensuring that they are streamlined and proportionate. Demonstrate UK compliance with the latest recommendations and safety standards issued by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA) and fulfill the UK's obligations under Euratom law. Ensure, where possible, consistent application of BSSD requirements by BEIS and the Devolved Administrations in order to maintain a level playing field for industry. Transposition deadline is 6 February 2018

UK approach to implementation Government are leading on implementation via the Department of Business, Energy and Industrial Strategy (BEIS). Government proposed implementation approach for public exposures: Maintain the UK's high standards of radiological protection Changes should be positive or neutral on public safety, environmental and economic criteria Joint working with a view, as far as possible, to consistent application across the UK Series of consultations (now completed) Deadline for imposition into UK law: 6 February 2018

Consultations closed 15 November 2017

Dose estimation BSSD 2013; Removes the flexibility of a 1 mSv public dose limit averaged over 5 years. No impact on UK. Requires dose estimation to use ICRP 103, 116 and 119 coefficients – not a significant change from current practice in UK. Requires states to assess dose to the public from some practices. No impact on UK; RIFE for nuclear sites. ICRP 103 – 2007 recommendations of ICRP; change to approach based on exposure situation rather than practice causing dose ICRP 116 – external dose ICRP 119 – 2012; most up to date comprehensive set of dose coefficients

Radioactive waste – legacy contamination The current limit in UK legislation for Ra-226 (0.01 Bq/g) is less than natural background levels of Ra- 226 typically found in the UK. Disproportionate burden on those who manage land that has historically been contaminated with radium. Apply the NORM industrial activities “out-of-scope” values (1 Bq/g) to Ra-226 and associated progeny Current value is 0.01 Bq/g Proposal would be 1 Bq/g

Land contaminated as a result of a past activity BEIS propose the Radioactive Contaminated Land (RCL) regime forms both the optimised protection strategy and management strategy for legacy contamination Existing regime uses different terminology but largely meets 2013 BSSD requirements BEIS consulting on broad policy proposals first Subsequent consultation on RCL regulations and statutory guidance Reference levels proposed to be set equivalent to existing RCL ‘harm’ threshold of 3 mSv/y Terminology changes; e.g. intervention now replaced with ‘remedial or protective measure’

Land contaminated as a result of an emergency In practice, the ‘national recovery’ guidance documents form UK optimised protection strategy and management strategy for areas contaminated after an emergency The need to maintain guidance will be legislated No legislative requirement to implement this guidance but RCL regime provides a backstop for the post emergency situation i.e. following transition into ‘recovery’. The transition from emergency to recovery is part of consultation on emergency preparedness and response We propose that RCL regime comes into force following transition to recovery and only brought to bear once other emergency and recovery action has been exhausted, including implementation of recovery guidance

Summary of Radioactive Contaminated Land (RCL) proposals Existing RCL regime largely meets 2013 BSSD requirements RCL regimes Protection and management strategy for legacy contamination Legislative backstop for contamination arising after an emergency has been declared ended UK recovery documents New duty to ensure these are in place and contain elements required for protection strategy In practice these form UK’s protection and management strategy for post-emergency contamination

Emergency preparedness New definition of ‘emergency’ now includes protection of the environment. Key principles to be strengthened; Outcome focused and commensurate planning A graded approach Transparency and consistency Flexibility Continuous improvement More detail through WCSSG emergency subgroup Changes to legislation; REPPIR = Radiation Emergency Preparedness and Public Information Regulations Changes to role of ONR; regulate the decision (of operator and Local Authority) rather than determine ‘offsite’ planning redness and Planning Changes to legislation (e.g. REPPIR) to make this more outcome focussed. Implementation of a ‘graded’ approach to emergency planning rather than reliance on a dose threshold.

Regulatory regime for liquid wastes Amendments not required to implement the 2013 BSSD Industry suggested that “better regulation” changes could be made in relation to liquid waste that is, or may be, contaminated with very low levels of radioactivity Government propose improving guidance to make it clearer that equivalent provisions to those in the liquid exemption can be included in permits. Government is open to revising the definition of relevant liquids The legislation defines a ‘relevant liquid’ as a non-aqueous liquid, and certain types of aqueous liquid with specified hazardous properties. The purpose of this definition is to allow such liquids to be treated, for the purposes of this legislation, as a solid because the exposure pathways are the same as those for solids.

Clearance and exemption of wastes containing carbon-14 and caesium-137 BSSD 2013 values 10x lower than existing UK values Flexibility in BSSD 2013 allows nations to establish specific levels taking account technical guidance from the Community. PHE report concluded that the existing values remain appropriate in the UK for clearance and exemption of wastes. Ionising Radiation Regulations will use the BSSD 2013 values, resulting in a minor inconsistency between the two regimes Article 26 - Exemption from notification Article 30 - Release from regulatory control UK values taken from: Radiation Protection 122: Practical use of the Concepts of the Clearance and Exemption (2000) 3.44 The values currently used for some of the “out of scope” and exempt provisions in UK legislation are recommended by the Commission on Radiation Protection No 122.15 3.45 Public Health England (PHE) was commissioned by Government to undertake a review of the potential impact to the UK from the implementation of the new 2013 BSSD values for the exemption and clearance of radioactive substances16. PHE has advised that adoption of the new value for certain radionuclides is not necessary for radiological protection purposes, but would be likely to result in substantial additional environmental impacts due to the excess generation and treatment of radioactive wastes. These impacts also bring with them economic costs. Proportionate transposition of the clearance and exemption provisions in the BSSD will help reduce the amount of waste that needs to be managed as radioactive waste, thus reducing the environmental impacts associated with the transport, treatment and disposal as radioactive waste in specialised permitted facilities. There will also be a reduction in the costs that would otherwise be incurred by such specialised treatment and disposal. New BSSD13 figures from IAEA 2004 Safety Standards Series RS-G-1.7, Application of the Concepts of Exclusion, Exemption and Clearance. Flexibility from Article 30(2)b: 2. Materials for disposal, recycling or reuse may be released from regulatory control provided that the activity concentrations: (a) for solid material do not exceed the clearance levels set out in Table A of Annex VII; or (b) comply with specific clearance levels and associated requirements for specific materials or for materials originating from specific types of practices; these specific clearance levels shall be established in national legislation or by the national competent authority, following the general exemption and clearance criteria set out in Annex VII, and taking into account technical guidance provided by the Community.

Other changes High Activity Sealed Source (HASS) thresholds; generally increasing Lowering of limit for worker dose to the eye to 20 mSv/yr Orphan sources will include unsealed sources Contaminated materials cannot be used, sold or disposed of without involving the competent authority No deliberate dilution of material or waste will be allowed where this is in order to release it from regulatory control i.e. as no longer radioactive waste. Minor changes to ‘qualified experts’ terminology; ‘radiation protection experts’ High Activity Sealed Source (HASS) thresholds to be IAEA D-values instead of A1 transport values; Generally a rise in thresholds Limit on the equivalent dose for the lens of the eye shall be 20 mSv in a single year or 100 mSv in any five consecutive years subject to a maximum dose of 50 mSv in a single year, as specified in national legislation. Was: the limit on equivalent dose for the lens of the eye shall be 150 mSv in a year;

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