Guidance

Exceeding limits in radioactive substances permits due to the UK's new relationship with the EU: RPS B1

Updated 12 March 2021

This guidance was withdrawn on 1 July 2021

This COVID-19 RPS has expired and can no longer be used.

Applies to England

Normally you need to comply with all of the conditions in your permit under regulation 13 and Schedule 23 of the Environmental Permitting (England and Wales) Regulations 2016 (EPR). This includes numerical limits that apply to radioactive material and waste.

When you use the exemption in Schedule 23, Part 6 paragraph 4(7) of the EPR (the exemption) you normally need to comply with the maximum accumulation period of 26 weeks. The exemption allows you to accumulate these waste sources:

• electrodeposited sources
• tritium foil sources
• sealed sources which are not high-activity sealed sources (HASS) or similar sources

If you follow the conditions in this regulatory position statement (RPS), you can temporarily exceed these numerical limits that restrict:

• radioactive material (including sealed sources) that you keep and use
• radioactive waste that you accumulate on your premises
• radioactive waste that you dispose of by transfer from your premises

If you use radioactive materials for medical diagnosis and treatment in humans you can also make disposals to the sewer above the limits in your permit. We will agree in writing the additional disposals that you can make.

How to notify the Environment Agency

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

For unsealed sources you must provide written confirmation that you are using this RPS:

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

For sealed sources call the Environment Agency on 020 3025 8207 or 020 3025 8174. We will tell you how to submit the information securely.

Your written confirmation must explain how you will manage any additional radioactive waste (including waste sealed sources).

When you need to get written agreement from the Environment Agency

You will need our written agreement if you intend to:

• make disposals to the sewer above the limits in your permit
• hold additional sealed sources that would result in the security category changing
• hold HASS or similar sources at a location not specified in your permit

When this RPS applies

This RPS only applies to:

• keeping and using radioactive material (including sealed sources) above the limits specified in your permit
• accumulating radioactive waste (including sealed sources) above the limits and for longer than specified in your permit or the exemption
• disposal by transfer above the limits in your permit – but you must only dispose of the waste using the routes specified in your permit
• keeping and using alternative radionuclides not specified in your permit, and accumulating and disposing of the resulting waste – but only if you use the radioactive material for medical diagnosis and treatment in humans
• disposals to the sewer above the limits in your permit – but only if the waste is from using radioactive materials for medical diagnosis and treatment in humans

This 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.

This RPS only applies if you cannot comply because of disruption or restrictions that relate to the UK’s new relationship with the EU.

This includes when you:

• think you will not be able to obtain radioactive material (including sealed sources), so you obtain additional stocks whilst they are available
• cannot obtain radioactive material (including sealed sources) at the activity you routinely use but can purchase higher activity sources
• accept earlier delivery of short-lived radionuclides with greater radioactivity
• need to manage the wastes from the additional materials you have obtained
• cannot obtain supplies of the radionuclide you routinely use for medical diagnosis and treatment in humans but can obtain an alternative
• cannot transfer radioactive waste (including waste sealed sources) to facilities outside the UK that are legally entitled to receive such waste
• cannot transfer radioactive waste to a UK permit holder to transfer overseas

You must demonstrate that you have taken all reasonable steps to comply with your permit conditions or the exemption. Reasonable steps include:

• contingency planning to avoid or minimise disruption to your business because of the UK’s new relationship with the EU
• response planning to minimise the impact and duration of not complying with your permit because of the UK’s new relationship with the EU

Conditions you must comply with

You must:

• store any additional radioactive materials and wastes safely and securely to prevent loss, contamination or unauthorised access
• do a periodic check to confirm that any additional radioactive materials and waste, or any radioactive materials and waste you are storing for longer than normal, are present and remain in good condition
• explain in your written confirmation how you will manage any additional radioactive waste (including waste sealed sources)
• transfer radioactive waste for disposal using the routes specified in your permit

Mobile radioactive apparatus

If your permit allows you to use mobile radioactive apparatus at any location in England and Wales, you must only accumulate waste sources at the premises specified in your permit. This is where you normally keep sources when they are not in use.

Diagnosis and treatment in humans

If you use radioactive materials for diagnosis and treatment in humans and plan to exceed the limits in your permit for disposals to the sewer you must:

• send us a radiological impact assessment from a Radioactive Waste Adviser to show that these disposals will not cause a significant increase in dose to members of the public
• comply with the limits for additional disposals agreed in writing with the Environment Agency

Security for HASS or similar sources

For additional HASS or similar sources, including waste sources, you must:

• comply with the security requirements in your permit
• store the sources at the building or location with the appropriate security level as specified in Schedule 1 of your permit, unless you have the Environment Agency’s written agreement to store sources elsewhere on your premises

You must not hold additional sealed sources (including waste sources) that would change your security category, and increase the security level required, without the written agreement of the Environment Agency.

Keeping records

You must keep records that show why you needed to use this RPS. You must keep these records for 2 years after this RPS has expired, including any extensions to it. You must make them available to the Environment Agency on request.

You must also keep records to show how you complied with the conditions of this RPS in accordance with the record keeping requirements in your permit.

General conditions

You must comply with all the other requirements of your environmental permit or the exemption.

You must make sure your activities do not endanger human health or the environment.

Enforcement

An RPS means that the Environment Agency will not normally take enforcement action against you provided:

• your activity meets the description set out in this RPS
• you comply with the conditions set out in this 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 or the exemption

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

When to check back

We will withdraw this RPS on 30 June 2021 unless we extend it. After this date you must comply with all of the conditions in your permit or the exemption.

Contact the Environment Agency

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

Telephone: 020 3025 8207 or 020 3025 8174