RADIOACTIVE WASTE, SPENT NUCLEAR FUEL AND DISUSED SEALED RADIATION SOURCE MANAGEMENT REGULATIONS 2014

PART I – SAFETY AND LICENSING

PART II – MANAGEMENT OF RADIOACTIVE WASTE

PART III– MANAGEMENT OF DISUSED SEALED RADIATION SOURCES

PART IV – DISCHARGES OF RADIOACTIVE EFFLUENTS

PART V MANAGEMENT OF SPENT NUCLEAR FUEL

PART VI – DISPOSAL OF RADIOACTIVE WASTE

PART VII – GENERAL PROVISIONS

RADIOACTIVE WASTE, SPENT NUCLEAR FUEL AND DISUSED SEALED RADIATION SOURCE MANAGEMENT REGULATIONS 2014

IN exercise of the powers conferred on the Minister of Energy responsible for nuclear

energy by section 14(a), (b) and (c) of the Atomic Energy Commission Act, 2000 (Act 588)

these Regulations are made this day of 20014.

PART I – SAFETY AND LICENSING

1. Responsibilities

1.1 Any legal person who in the course of his/her Practice generates radioactive waste or spent

nuclear fuel or possess disused sealed radiation sources (hereinafter referred to as the

operator) shall be responsible for their safe management in accordance with the provisions

of these Regulations.

1.2 Operators shall for the purpose of the safe management of radioactive waste, spent nuclear

fuel or disused sealed radiation sources carry out safety assessment and develop and

maintain a safety case. They shall carry out all the necessary activities for site selection and

evaluation, for the design, construction, operation, decommissioning, closure and, if

necessary, surveillance after closure of facilities in accordance with national strategy and in

compliance with these regulations to ensure the safety of workers the environment and the

general public.

1.3 A safety case and supporting safety assessment shall be prepared and updated by the

operator, at each step in the development, operation and closure of a facility for the

management of radioactive waste, spent nuclear fuel or disused sealed radiation sources and

periodically during operation as required by the Authority. The operator shall submit the

safety case to the Authority for approval.

1.4 The safety case shall describe all the safety relevant aspects of the site, the design of the

facility, and the managerial and regulatory controls. The safety case and supporting safety

assessment shall demonstrate the level of protection provided and shall provide assurance

that safety requirements will be met.

1.5 Measures shall be implemented by the operator to ensure an integrated approach to safety,

nuclear security and if applicable nuclear safeguards in the management and disposal of

radioactive waste, spent nuclear fuel and disused sealed radiation sources. The level and

complexity of safety and security provisions shall be commensurate with the degree of

hazard posed by the radioactive waste, spent nuclear fuel or disused sealed radiation sources.

1.6 Management systems to provide for assurance of quality shall be applied by the operator to

all safety related activities, systems and components throughout all the steps of the

development and operation of a radioactive waste, spent nuclear fuel or disused sealed

radiation source management or disposal facility. The level of assurance for each element

shall be commensurate with its importance to safety.

1.7 Operators shall take into account the interdependences among all steps in the predisposal

management of radioactive waste, spent nuclear fuel and disused sealed radiation sources as

well as the impact of the anticipated disposal option.

1.8 Operators shall determine an authorized destination for all of their radioactive waste, spent

nuclear fuel and disused sealed radiation sources generated in consultation with NRWMC

and the Authority.

1.9 Operators shall make adequate provision for the training of personnel.

1.10 Operators shall keep a system for recording information on the generation, characteristics;

processing, conditioning, storage, transportation and disposal of the waste, spent nuclear fuel

and disused sealed radiation sources; and

2. Licensing of facilities and activities

2.1 A radioactive waste or spent nuclear fuel management facility shall not be operated or

activities take place or disused radiation sources possessed, stored or disposed unless

licensed by the Authority.

2.2 An application for a license shall be made to the Authority and be in a form determined

by the Authority.

2.3 An applicant shall specify in the application or provide;

(a) the quantity, type and characteristic of radioactive waste, spent nuclear fuel or

disused sealed radiation sources to be managed;

(b) the suggested operation of the proposed facility or activity and equipment to

manage the radioactive waste, spent nuclear fuel or disused sealed radiation

sources;

(c) a safety case;

(d) a proposed destination for the disposal of the radioactive waste, spent nuclear

fuel or disused sealed radiation source;

(f) a proposed system for record keeping

(g) contingency plans in the event of emergency;

(h) proposal for discharge and environmental monitoring ; and

(i) any other details the Authority may consider necessary for the purpose

3. Transfer of radioactive waste, spent nuclear fuel and disused sealed radiation

sources

3.1 An operator may, upon approval by the Authority, transfer radioactive waste, spent

nuclear fuel or disused sealed radiation sources to any other person licensed by the

Authority, for their safe management and disposal.

3.2 The operator shall fulfill its financial responsibility for the waste, spent nuclearfuel

or disused sealed radiation source, including emplacement in an approved disposal

facility.

3.3 Radioactive waste and disused sealed radiation sources that are not expected to

decay to clearance levels within one year from the time of generation shall be

transferred to a licensed management or disposal facility as soon as practicable

within a period of one year. The Authority may in the interests of safety approve

longer periods of storage.

3.4 Where the Authority is not satisfied with the management of radioactive waste,

spent nuclear fuel or disused sealed radiation sources by an operator it shall require

measures to be put in place for its safe management at the cost of the operator..

3.5 In the case of radioactive waste or radiation sources which have no identified owner

the Authority will require the NRWMC to assume responsibility for its safe

management at the cost of the State.

4. Strict liability of a radioactive waste generator

4.1 Notwithstanding regulation 5(1), in the event a licence related to the management of

radioactive waste expires or is withdrawn, the former licensee shall continue to be

responsible for any liability arising from the waste.

PART II MANAGEMENT OF RADIOACTIVE WASTE

5. Radioactive waste generation, characterization and control

5.1 An operator of a radioactive waste management facility shall have a waste management

programme in place that;

5.1.1.1 minimizes the generation of radioactive waste,

5.1.1.2 controls the management of different waste types so as to optimize

treatment and conditioning processes,

5.1.1.3 minimizes the generation of secondary waste,

5.1.1.4 ensure that radioactive waste is characterized at the various steps its

predisposal management,

5.1.1.5 Ensures that records are kept and maintained of all types of waste

generated and treated

5.1.1.6 Ensures that the final radioactive waste product is suitable for disposal

5.2 Waste packages shall be designed and produced so that the radioactive material is

appropriately contained both during normal operation and in accident conditions that

could occur in the handling, storage, transport and disposal of waste.

5.3 Waste shall be stored in such a manner that it can be inspected, monitored, retrieved and

preserved in a condition suitable for its subsequent management. Due account shall be

taken of the expected period of storage, and, to the extent possible, passive safety features

shall be applied. For long term storage in particular, measures shall be taken to prevent

degradation of the waste containment.

5.4 Predisposal radioactive waste management facilities shall be located and designed so as

to ensure safety for the expected operating lifetime under both normal and possible

accident conditions, and for their decommissioning.

5.5 Predisposal radioactive waste management facilities shall be constructed in accordance

with the design as described in the safety case and approved by the Authority.

Commissioning of the facility shall be carried out to verify that the equipment, structures,

systems and components, and the facility as a whole, perform as planned.

5.6 Predisposal radioactive waste management facilities shall be operated in accordance with

the conditions imposed by the Authority. Operations shall be based on documented

procedures. Due consideration shall be given to the maintenance of the facility to ensure

its safe performance.

5.7 The operator shall develop, in the design stage, an initial plan for the end of operations

and decommissioning of the predisposal radioactive waste management facility and shall

periodically update it throughout the operational period. The decommissioning of the

facility shall be carried out on the basis of the final decommissioning plan, as approved

by the Authority. In addition, assurance shall be provided that sufficient funds will be

available to carry out shutdown and decommissioning.

5.8 The safety at facilities existing at the time when these regulations come into force shall be

reviewed to verify compliance with requirements. Safety related upgrades shall be made

by the operator in line with national policies and as required by the Authority

PART III – MANAGEMENT OF SEALED SOURCES

6. Return of disused sealed radiation source

6.1 A contract for the purchase of a radioactive source that contains radioactive

material above the levels specified in Appendix I shall include a clause which

permits the return of the source to the supplier and a copy of the contract shall be

submitted to the Authority before the radioactive source is imported or otherwise

acquired.

6.2 Licensees shall inform the Authority at least one month prior to a source being

permanently taken out of use. In the event of a source becoming unusable and

having to be taken out of use, the Authority shall be informed within one

working day, In addition to informing the Authority and at the same time

application shall be made to the Authority to amend the licence to continue

possessing the source until its return to the supplier or transfer to another licensed

facility.

6.3 When a sealed source is permanently taken out of use, a declaration shall be

made by the licensee that the source is now disused and the Authority shall be

informed of the declaration.

6.4 Sealed sources that become disused and cannot be cleared in terms of these

regulations within a period of one year shall either be returned to the supplier or

transferred to the NRWMC or other facility licensed to receive such sources as

soon as practicable but no later than one year from being declared to be disused.

6.5 In cases where it is not possible to return disused sealed radiation sources to the

supplier, for reasons agreed by the Authority to be reasonable the disused sealed

source shall at the cost of the licensee be sent to the NRWMC or another facility

licensed to receive such sources within one year of being declared to be disused.

6.6 In the event a radiation source or any other radioactive material above the levels

specified in Appendix II becomes identified that has no owner, the Authority

shall be notified immediately. Upon being notified, the Authority shall make

arrangements for the source or material to be safely managed, recovered and

transferred to the RWMC.

PART IV – DISCHARGE OF RADIOACTIVE EFFLUENTS AND CLEARANCE OF

MATERIALS

7. Discharge of radioactive effluents

7.1 A licensee shall not discharge radioactive effluents into the environment unless;

(a) it is in accordance with Prescriptions given by the Authority in the licence

based on the dose constraints set down in Appendix III.

(b) resulting doses are kept as low as reasonably achievable.

7.2 Prior to initiating the discharge of radioactive effluents into the environment

licensees shall,

(a) determine the characteristics and activity of the materials to be discharged

and the potential points and methods of discharge;

(b) determine by a pre-operational study, any significant exposure pathway by

which discharged radionuclides could deliver exposure;

(c) assess the doses likely to be incurred by the environment and public due to

planned discharges; and

(d) submit the requisite reports as contained in paragraphs (a) to (c) to the

Authority as an input to the establishment of authorized discharge limits and

conditions.

8. Clearance of Materials

8.1 A person shall not clear materials from licensed facilities and activities or from

unlicensed contaminated land or facilities unless;

(c) it is in accordance with Prescriptions given by the Authority in the licence or

other authorization based on the levels set down in Appendix II.

(d) The process of clearance shall be undertaken in accordance with procedures

approved by the Authority

PART V - SPENT NUCLEAR FUEL MANAGEMENT

9. Possession of spent nuclear fuel

9.1 Licensees authorized by the Authority to possess spent nuclear fuel shall take

appropriate steps to ensure that all stages of its management, individuals, society

and the environment are adequately protected against radiological hazards by

ensuring that criticality and removal of residual heat generated during spent nuclear

fuel management are adequately addressed.

PART VI- DISPOSAL OF RADIOACTIVE WASTE

10. Disposal of radioactive waste

10.1 Where any radioactive waste does not qualify for discharge into the environment, or

clearance within a reasonable time, the person managing the waste shall dispose of it

in a disposal facility.

10.2 Radioactive waste shall only be disposed of in a radioactive waste disposal facility

licensed by the Authority as suitable for the disposal of that type of waste.

10.3 Radioactive waste disposal facilities shall be developed, operated and closed in a

series of steps, each supported, as necessary, by iterative evaluations of the site, of

the options for design, construction, operation and management, and of the

performance and safety of the disposal system. Each step shall be approved by the

Authority.

10.4 Radioactive waste disposal facilities shall be located away from significant known

underground mineral, geothermal water and other valuable resources so as to reduce

the risk of human intrusion into the site and the potential for uses of the surrounding

area to be in conflict with the facility.

10.5 The operator shall site, design, construct, operate and close the disposal facility in

such a way that safety is ensured by passive means to the extent possible and that the

need for actions to be taken after the closure of the facility is minimized.

10.6 Following closure of the disposal facility institutional controls, approved by the

Authority shall be put in place.

10.7 The host environment shall be selected and the engineered components of the

facility designed and the facility operated so as to ensure that safety is provided by

means of multiple safety functions. The overall performance of the disposal system

shall not be unduly dependent on a single safety function.

10.8 The engineered components, including the waste form and packaging, shall be

designed, and the host environment shall be selected, so as to provide containment of

the waste during the period when radioactive decay has not yet significantly reduced

the hazard posed by the waste and in the case of heat generating waste when the

waste produces heat energy in amounts that could adversely affect the performance

of the disposal system.

10.9 The disposal facility shall be sited, designed and operated to provide features that are

aimed at isolation of the radioactive waste from the biosphere and from humans. The

features shall aim to provide isolation for several hundreds of years for low level

waste and at least several thousand years for intermediate and high level waste. In

doing so, consideration shall be given to both the natural evolution of the disposal

system and disturbing events.

10.10 If the waste contains activity levels for which the dose/risk criteria for human

intrusion into such facilities (Appendix III) may be exceeded, alternative disposal

options shall be considered

10.11 Surveillance and control measures shall be applied in order to protect and

preserve the passive safety barriers to the extent that this is needed in order to fulfil

the functions that they are assigned in the post closure safety case.

10.12 The safety case for a disposal facility shall addresses both operational safety and

post-closure safety.

10.13 All aspects of operation relevant to radiation safety shall be considered, including

underground development work, waste emplacement, and backfilling, sealing and

closing operations.

10.14 Consideration shall be given to both occupational exposure and public exposure

resulting from normal operations, which includes operational occurrences

anticipated to occur over the operating lifetime of the disposal facility. Accidents of

a lesser frequency but with significant radiological consequences shall be considered

with regard to both their likelihood of occurrence and the magnitude of possible

radiation doses. The adequacy of the design and operational features shall also be

evaluated.

10.15 The site for a disposal facility shall be characterized at a level of detail sufficient

to support both a general understanding of the characteristics of the site, including its

present condition, its probable natural evolution, possible natural events and also

human plans and actions that may affect the facility or its vicinity over the period of

interest with regard to safety, and a specific understanding of the impact on safety of

features, events and processes associated with the site and the facility.

10.16 The disposal facility and its engineered barriers shall be designed to contain the

waste with its associated hazard, to be physically and chemically compatible with

the host geological and/or surface environment, and to provide post-closure safety

features that complement those afforded by the host environment. The facility and its

engineered components shall also be designed to provide for safety during the

operational period.

10.17 A disposal facility shall be constructed in accordance with the design as

described in the approved safety case and supporting safety assessment. It shall be

constructed in such a way as to preserve the post-closure safety functions of the host

environment that have been shown to be important by the safety case. The

construction activities shall be carried out to ensure safety during the operational

period.

10.18 A disposal facility shall be operated in accordance with the conditions of the

licence and the relevant regulatory requirements to maintain safety during the

operational period, and in such a manner as to preserve the post-closure safety

functions assumed in the safety case.

10.19 Waste packages and unpackaged waste accepted for emplacement in a disposal

facility shall conform to criteria fully consistent with and derived from the safety

case for the operational and post-closure safety of the disposal facility.

10.20 A disposal facility shall be closed in such a way that provides for the safety

functions shown by the safety case to be important for the post-closure period. Plans

for closure, including the transition from active management of the facility, shall be

well defined and practicable, so that closure can be carried out safely at an

appropriate time.

10.21 A programme of monitoring shall be carried out prior to and during the

construction and operation of a disposal facility, and after closure. This programme

shall be designed to collect and update the information needed to confirm the

conditions necessary for the safety of workers and members of the public and the

protection of the environment during the operation of the facility and to confirm the

absence of any conditions that could reduce the post-closure safety of the facility.

10.22 An appropriate level of surveillance and control shall be applied in order to

protect and preserve the passive safety barriers to the extent that this is needed in

order to fulfil the functions that they are assigned in the post closure safety case.

10.23 Plans shall be prepared by the operator in consultation with the Authority to

address such surveillance and control and the arrangements for maintaining the

availability of information on the disposal facility. These plans shall form part of the

safety case on which the licence to close the facility is granted.

PART VII – GENERAL PROVISIONS

11. Inspection

11.1 A person appointed and designated by the Authority to undertake inspection of

licensed facilities or activities may at any reasonable time and upon production of

his or her authority to the occupier, enter the premises of a licensee where

radioactive waste, spent nuclear fuel or radiation sources areare present or any other

premises, if the officer reasonably suspect they may be present and may;

(a) carry out inspection and tests;

(b) take samples

(c) take photographs; and

(d) carry out such other functions as the Authority may determine.

11.2 Where the Authority has reason to believe that radioactive waste, spent nuclear

fuel or radiation sources are located on any premises is likely to cause danger to

human life, the designated officer may enter the premises with experts and

equipment if necessary.

11.3 A person appointed to undertake inspections may recommend to the Authority

that a facility be shut down, activity ceased or measures taken to improve safety.

11.4 No person shall obstruct a person designated to undertake inspection by the

Authority in the exercise of their duties.

12. Financial arrangements for the management of radioactive waste, spent nuclear

fuel and disused sealed radiation sources

12.1 A person who generates radioactive waste or spent nuclear fuel or posses radiation

sources shall make arrangement to ensure that sufficient funds are available for their

safe management including disposal. The financial arrangements shall be approved

by the Authority.

12.2 The NRWMC shall set down and charge appropriate fees for its services

13. Emergency Procedures

13.1 An operator shall

(a) ensure that there exists at the licensed facility, written procedures

and equipment to deal with any emergency that may occur involving

radioactive waste, spent fuel or radiation sources; and

(b) inform the Authority promptly, of any emergency or loss or theft of

radioactive waste radiation source or spent nuclear fuel.

(c) at a time required by the Authority provide a written report about the

occurrences of any emergency, loss or theft of radioactive waste radiation

source or spent nuclear fuel waste, the report shall indicate

(a) whether exposure arising is likely to cause danger to human

life;

(b) the radioactive content involved

(c) the probable whereabouts of the of radioactive waste radiation source or

spent nuclear fuel , if unknown

(d) the circumstances under which the emergency, loss or the theft occurred;

and

(e) any other action taken or proposed.

13.2 An operator shall promptly report to the Authority the occurrences of any event that

involves the possible or actual release of radioactive material. .

14. Offences and penalties

14.1 A person who

(a) fails to comply with these regulations, or

(b) does anything contrary to these Regulations;

commits an offence and is liable on summary conviction to a fine or

imprisonment as prescribed in the Act

15. Regulations to be read together with related Regulations.

15.1 The Regulations shall read together with any existing radiation protection and

transport safety regulations in force at the commencement of these Regulations.

16. Interpretation

16.1 In these Regulations, unless where the context otherwise requires,

“Authority” means the National Regulatory Authority re-established under section 11 of

the Atomic Energy Commission Act, 2000 (Act 588);

“Characterization” means the determination of the physical, chemical and radiological

properties of waste to establish the need for further adjustment, treatment conditioning or

its suitability for further handling, processing, storage or disposal;

“Clearance levels” means the set of values expressed in Appendix II in terms of activity

concentration and total activities;

“Commission” means Ghana Atomic Energy Commission established under section 1 of

the Atomic Energy Commission Act 2000, (Act 588);

“Conditioning” means any operation that produced a waste package suitable for

handling, transportation, storage and disposal;

“Consumer product” includes items of general use that contain radioactive substances

which may be supplied to members of the public such as smoke-detectors, time-pieces

and compasses;

“Disposal” means the emplacement of radioactive waste in an approved, specified

facility without the intention of retrieval.

“High level waste” means radioactive waste with levels of activity concentration high

enough to generate significant quantities of heat by the radioactive decay process or

waste with large amounts of long lived radionuclides that need to be considered in the

design of a disposal facility for such waste. Disposal in deep, stable geological

formations usually several hundred metres or more below the surface is the generally

recognized option for its disposal.

“Intermediate level waste” means radioactive waste that, because of its content,

particularly of long lived radionuclides, requires a greater degree of containment and

isolation than that provided by near surface disposal. However, it needs no provision, or

only limited provision, for heat dissipation during its storage and disposal. It may

contain long lived radionuclides, in particular, alpha emitting radionuclides that will not

decay to a level of activity concentration acceptable for near surface disposal during the

time for which institutional controls can be relied upon.

“Licence” means a licence issued under these regulations;

“Low Level radioactive waste” means radioactive waste that is above clearance levels,

but with limited amounts of long lived radionuclides. Such waste requires robust

isolation and containment for periods of up to a few hundred years and is suitable for

disposal in engineered near surface facilities. It may include short lived radionuclides at

higher levels of activity concentration, and also long lived radionuclides, but only at

relatively low levels of activity concentration.

“Radioactive waste” means material that contains or is contaminated with radionuclides

at concentrations or activities greater than clearance levels specified in these regulations

and for which no use is foreseen;

“Radioactive waste management” means all activities that relate to the handling,

treatment, conditioning, storage, transport or disposal of radioactive waste;

“Sealed source” means a radioactive source designed in such a form that the probability

of dispersion of its radioactive contents is extremely low;

“Spent nuclear fuel" means nuclear fuel that has been irradiated in and permanently

removed from a reactor core;

“Spent nuclear fuel management’” means activities that relate to handling, treatment,

conditioning, storage, transport or disposal of spent nuclear fuel;

“Waste package” means the product of conditioning that includes the waste form and

any container or material prepared in accordance with requirements for handling,

transportation, storage and disposal;

“Waste management” means any activity or operation that is involved in the handling,

treatment, conditioning, transportation, storage and disposal of waste;

Appendix I

Sources requiring send back to supplier clauses in contracts to purchase

Appendix II

Clearance Levels

Appendix III

Radiation Dose Limitation

(a) The dose limit for members of the public for doses from all planned exposure situations is an

effective dose of 1 mSv in a year. This and its risk equivalent are considered criteria that are not

to be exceeded both now and in the future. The dose constraint for an individual facility is 0.3

mSv in a year.

(b) To comply with this dose limit, a disposal facility (considered as a single source) is so

designed that the calculated dose or risk to the representative person who might be exposed in

the future as a result of possible natural processes affecting the disposal facility does not exceed

a dose constraint of 0.3 mSv in a year or a risk constraint of the order of 1 in 10,000 per year.

Natural processes include the range of conditions anticipated over the lifetime of the facility and

events that could occur with a lesser likelihood. However, extremely low probability events

would be outside the scope of consideration. Risk due to the disposal facility in this context is to

be understood as the probability of fatal cancer or serious hereditary effects.

(c) In relation to the effects of inadvertent human intrusion after closure, if such intrusion is

expected to lead to an annual dose of less than 1 mSv to those living around the site, then efforts

to reduce the probability of intrusion or to limit its consequences are not warranted.

(d) If human intrusion were expected to lead to a possible annual dose of more than 20 mSv to

those living around the site, then alternative options for waste disposal are to be considered, for

example, disposal of the waste below the surface, or separation of the radionuclide content

giving rise to the higher dose.

(e) If annual doses in the range 1–20 mSv are indicated, then reasonable efforts are warranted at

the stage of development of the facility to reduce the probability of intrusion or to limit its

consequences by means of optimization of the facility’s design.

(f) Similar considerations apply where the relevant thresholds for deterministic effects in organs

may be exceeded.

Radiation doses to people in the future can only be estimated and that uncertainties associated

with these estimates will increase for periods farther into the future. Caution needs to be

exercised in applying criteria for periods far into the future. Beyond such timescales, the

uncertainties associated with dose estimates become so large that the criteria might no longer

serve as a reasonable basis for decision-making.