Guidance

Exceeding permit limits when you obtain additional radioactive materials

Updated 18 September 2019

This guidance was withdrawn on 24 June 2020

This regulatory position statement has expired.

You must tell the Environment Agency before you use this Brexit regulatory position statement (Brexit RPS).

For unsealed sources you must provide written confirmation by email to:

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

For sealed sources you must provide written confirmation by letter to:

Environment Agency
PO Box 4404
Sheffield
S9 9DA

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

When this Brexit RPS is not operating you need to comply with the numerical limits in your environmental permit for radioactive material and waste.

If you comply with the conditions in this Brexit RPS, you can temporarily hold radioactive material (including sealed and unsealed sources) in excess of the limits, until 30 April 2020.

You can also temporarily exceed the limits for radioactive waste, but only if the waste has resulted from the additional materials. You must dispose of any such waste by 30 April 2020.

If you think you may not be able to comply with the conditions in this Brexit RPS you must tell the Environment Agency immediately.

When this Brexit RPS applies

This Brexit RPS only applies in these situations:

• you anticipate that you will not be able to obtain radioactive material (including sealed and unsealed radioactive sources) when the UK leaves the EU, so you obtain additional stocks whilst these are available
• because of Brexit you are not able to obtain radioactive sources you routinely use but can purchase larger sources
• because of Brexit you accept earlier delivery of short-lived radionuclides with greater radioactivity

This Brexit RPS only applies:

• to radioactive material and radioactive waste you are authorised to hold under your permit
• to the keeping and use of radioactive material above the limits in your permit (where hospitals cannot obtain Technetium-99m because of limited supply of Molybdenum-99 generators, this includes alternative radionuclides that are not specified on the permit)
• to accumulating radioactive waste above the limits specified in your permit, where this arises because of the additional material
• to disposals above the limits in your permit where you are using the radioactive materials for medical treatment or diagnosis
• to temporarily exceeding the numerical limits in your permit described in this Brexit RPS - it does not apply to any other regulatory requirements
• where you can demonstrate that you have taken all reasonable steps to avoid holding more radioactive material or generating more radioactive waste than your permit allows

Reasonable steps include:

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

Conditions you must comply with:

You must:

• keep radioactive material and waste at your permitted premises in accordance with the conditions in your permit
• store mobile radioactive apparatus at the premises specified in your permit when not in use, in accordance with the conditions in your permit
• use best available techniques (BAT) to minimise the activity of additional radioactive material you hold
• use BAT to dispose of any radioactive waste that arises as soon as reasonably practicable
• keep records to show that you have complied with the conditions in this Brexit RPS – these must be available to the Environment Agency on request
• 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
• explain in your written notification how you will manage any additional radioactive waste you will generate

For additional high activity sealed sources (HASS) or similar sources you must confirm in your written notification that you will:

• comply with the security requirements in your permit
• keep the sources at the building or location specified in schedule 1 of your permit that has the appropriate security level, or in the case of mobile radioactive apparatus, store this at the location or building specified in your permit when not in use

You must not:

• hold additional sealed sources that would result in a change in the security category, and consequent increase in the security level required, without the agreement of the Environment Agency
• store HASS or similar sealed sources at a location on your premises that is not specified in your permit without the agreement of the Environment Agency
• make disposals to the sewer above the limits in your permit unless these result from medical treatment or diagnosis and you have the agreement of the Environment Agency
• make disposals of solid radioactive waste by transfer above the limits in your permit without the agreement of the Environment Agency

Enforcement

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

• your activity meets the description set out in this Brexit RPS
• you comply with the conditions set out in this Brexit RPS
• your activity does not, and is not likely to, cause environmental pollution or harm human health
• you can demonstrate that you have taken all reasonable steps to carry out the activity as required by your permit

Expiry date

This Brexit RPS will expire on 30 April 2020. After this date you must comply with your permit.

Contact the Environment Agency

Phone: 020 3025 8174 or 020 3025 8207 (call charges)

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

Post:

Environment Agency
PO Box 4404
Sheffield
S9 9DA