Guidance

COVID-19 and exceeding permit limits for medical use of radioactive substances: RPS C15

Updated 22 December 2021

This guidance was withdrawn on 1 April 2022

The Environment Agency has withdrawn the regulatory position statement ‘COVID-19 and exceeding permit limits for medical use of radioactive substances: RPS C15’.

You need to comply with the limits in your permit under regulation 13 and Schedule 23 of the Environmental Permitting (England and Wales) Regulations 2016. These numerical limits restrict both the amount of radioactive:

• material (including sealed sources) that you can keep and use
• waste you can accumulate and dispose of, on or from your premises

This COVID-19 regulatory position statement (RPS) does not alter your legal obligations under your permit or the relevant legislation about these numerical limits. However, if you follow the conditions in this COVID-19 RPS, the Environment Agency will not normally take enforcement action against you if you temporarily exceed the:

• numerical limits in your permit for holding radioactive material (including sealed and unsealed sources)
• limits for managing radioactive waste

You must tell the Environment Agency before you use this COVID-19 RPS.

For unsealed sources you must send email confirmation that you are using this COVID-19 RPS to:

RSR.Rotherham2.NE@environment-agency.gov.uk

For sealed sources contact us by telephone on 020 3025 8207 or 020 3025 8174. We will tell you how to submit the information securely.

Your written confirmation must include the information specified in the Conditions you must comply with section of this COVID-19 RPS.

You will need written agreement from us if you are going to either:

• make disposal to the sewer above the limits in your permit
• hold additional sealed sources that would result in a change to the security category

If you generate additional radioactive waste by providing urgent medical care for a patient treated with radioactive materials at another hospital, you may not be able to tell us in advance. You should notify us when you are able to.

When this COVID-19 RPS applies

This COVID-19 RPS only applies if you need to obtain additional radioactive material, or generate additional radioactive waste, as a result of coronavirus (COVID-19). For example, this could be because coronavirus business disruption means you need to:

• carry out additional diagnostic tests or treatments, for example where you have a backlog of tests and treatments you were unable to carry out
• obtain additional material (sealed and unsealed radioactive sources) – including larger sources or alternative radionuclides, because your regular supplies are interrupted, or because deliveries are restricted
• provide medical care for a patient who has been treated with radioactive material at another hospital

This COVID-19 RPS only applies to:

• radioactive materials (including sealed and unsealed sources) used for medical diagnosis and treatment in humans, and radioactive waste from these activities
• keeping and using radioactive material above the limits specified in your permit, including alternative radionuclides not included in your permit
• accumulating radioactive waste above the limits specified in your permit, including alternative radionuclides not included in your permit
• disposal by transfer or disposal to the sewer (with our written agreement), above the limits in your permit, including alternative radionuclides not included in your permit
• temporarily exceeding the numerical limits in your permit – this does not apply to any other regulatory requirements

This COVID-19 RPS only applies if you can demonstrate that you have taken all reasonable steps not to exceed the numerical limits in your permit. Reasonable steps include:

• contingency planning to avoid or minimise disruption to your business because of coronavirus
• emergency response planning to minimise the impact and duration of not complying with your permit because of coronavirus

This COVID-19 RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

Conditions you must comply with

You must:

• keep records to show that you have complied with the conditions in this COVID-19 RPS
• explain in your written confirmation how you will manage any additional radioactive waste (including waste sealed sources) you will generate
• send us a radiological impact assessment from a Radioactive Waste Adviser if you will exceed the limits in your permit for disposals to the sewer – this must show that the disposals will not cause a significant increase in dose to members of the public
• have written agreement from the Environment Agency before you make any disposals to the sewer that exceed the limits in your permit
• store any additional materials or wastes safely and securely to prevent loss, contamination or unauthorised access

For additional high activity sealed sources (HASS), or similar sources, that exceed your current permit limits you must:

• comply with the security requirements in your permit
• store the sources at the building or location specified in Schedule 1 in your permit that has the appropriate security level

Unless we agree otherwise, you must not:

• hold additional sealed sources that would change your security category and increase the security level required
• store HASS or similar sealed sources at a location on your premises not specified in your permit

You must comply with all the other requirements in your permit.

You must keep records that show why you needed to use this COVID-19 RPS.

You must keep all records required by this COVID-19 RPS for 2 years after this COVID-19 RPS has expired, including any extensions to it. You must make them available to the Environment Agency on request.

Enforcement

A COVID-19 RPS means that the Environment Agency will not normally take enforcement action against you provided:

• your activity meets the description set out in this COVID-19 RPS
• you comply with the conditions set out in this COVID-19 RPS
• your activity does not, and is not likely to, cause environmental pollution or harm human health
• you have taken all reasonable steps to comply with your permit

If you operate under this COVID-19 RPS but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

The Environment Agency will monitor how operators use and comply with this COVID-19 RPS through its proportionate, risk-based inspection and monitoring activity.

When to check back

We will withdraw this COVID-19 RPS on 31 March 2022 unless we extend it.

Contact the Environment Agency

Email: RSR.Rotherham2.NE@environment-agency.gov.uk

Telephone: 020 3025 8207 or 020 3025 8174