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SAFE MANEGEMENT of RADIOACTIVE WASTE AND SPENT FUEL

 

 

POLICY AND LEGAL AND REGULATORY FRAMEWORK

 

The 70/2011/EURATOM directive, adopted by the European Council in June 19th, establishes a Community framework for the responsible and safe management of spent fuel and radioactive waste, following and preceding the development of international instruments such as the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management, adopted by the General Conference of the International Atomic Energy Agency in Vienna on September 5th, 1997, and adopted into Portuguese law by Decree nº 12 /2009 of April 21st. 

 

The Waste Directive, as it is known, applies to all phases of management and to all facilities where spent fuel or radioactive waste is managed, arising from civil applications, excluding the radioactive waste from extractive industries and the authorized discharges of gaseous, liquid or solid radioactive waste.

 

This directive promotes, through the enhancement of national measures and the international cooperation, high standards of safety in the management of spent fuel and radioactive waste around the world, in order to protect workers and the general public against the dangers arising from ionizing radiation and avoid imposing undue burdens to future generations.

 

The Waste Directive highlights the following key principles:

 

. The main responsibility by the safe management of spent fuel and radioactive waste belongs to the producer or the licensed operator of the management facilities, under the supervision of the competent national regulatory authority;

 

. The ultimate responsibility for the safe management of spent fuel and radioactive waste belongs to the State;

 

. The production of radioactive waste is kept to the minimum that is reasonably practicable, in terms of both activity and volume;

 

. The duty to provide workers and the general public the information related to safe management of spent fuel and radioactive waste, in accordance with national law and international obligations, provided this does not jeopardize other interests, such as security, recognized in national legislation and international obligations;

 

. The possibility of the public to participate through public consultation in decision-making on the management of spent fuel and radioactive waste in accordance with legislation and international obligations, safeguarding the security conditions and confidentiality of the information.

 

For this purpose the Nuclear Policy requires strengthening the independence and resources made available to the competent regulatory authority, as well as, the transparency of its operations. Also requires conditions for a continuous improvement of the safe management of spent fuel and radioactive waste and international cooperation based peer reviews with accredited experts in conducting the assessment of systems and national authorities.

 

The transposition of the Waste Directive into Portuguese law was taken by Decree Law 156/2013 of November 5th, following the aforementioned directive. This directive establishes the basic principles of national policy as well as the national regulatory and legal framework, for the management of spent fuel and radioactive waste. Assigns regulatory powers to COMRSIN, the Regulatory Commission for the Safety of Nuclear Installations, and sets the deadline of one year for the Commission to draft the national program, which must contain the solutions and the tools for implementation and enforcement of the national policy (see Figure 1). 

 

COMRSIN - Comissão Nacional para a Segurança das Instalações Nucleares

Figure 1 : National Policy, Framework and Program

 

In addition to the basic principles set out in the Waste Directive and listed above, the national policy is also governed by the following principles:

 

. The spent fuel and radioactive waste are subject to safe management, particularly in the long term and with passive safety features;

 

. Abandonment of radioactive waste is expressly prohibited;

 

.  The application of security measures must follow a graded approach;

 

. Cost for the safe management of spent fuel and radioactive waste is supported by the producer;

 

. The classification of radioactive materials as radioactive waste is the responsibility the regulatory authority, and must meet the legal levels for exclusion;

 

. The release of radioactive waste from regulatory control is the responsibility of the regulatory authority and should meet legal release levels;

 

. The importation of radioactive waste is prohibited, except when authorized by the appropriate regulatory authority ;

 

. Radioactive waste produced in the country is eliminated in the national territory taking into account the criteria set out legally, unless there are international agreements;

 

. The transport of radioactive waste follows specific legislation on the transport of dangerous goods according to the transport sector it pertains;

 

. Education and training of all employees associated with the management or the installations must be guaranteed;

 

. Research and development should be encouraged with the aim to obtain better solutions . 

 

 

The decree 156/2013 establishes a licensing system for any activity or facility for the management of spent fuel and radioactive waste, except for the storage of radioactive waste for less than 30 days. According to this law whenever the holder of radioactive material does not forecast any further use for such material, he must contact the regulatory authority for the classification of the material and subsequent elimination.  The authorized discharges are exempt from this procedure. Moreover, in January of each year, the holders of radioactive waste have the duty to inform the regulatory authority about the production of radioactive waste on the year before and estimate the production for the current year.

 

The decree 156/2013 lays down the basic rules for the safe management of facilities, and imposes the existence of a system of management, review and periodic inspections. This law also determines that in Portugal, radioactive waste is eliminated near the surface and that the only disposal facility, is the Instituto Superior Técnico of Lisbon (IST- UL), located on the Nuclear Technology Campus ( CTN ). Elimination means the placement of radioactive waste or spent fuel in an authorized facility without the intention of retrieval.

 

Finally the decree 156/2013 grants a period of 6 months to all radioactive waste producers to inform the regulatory authority of the type and volume of radioactive waste they estimate to produce annually as well as its destination, and a period of 2 years to operators of spent fuel and radioactive waste facilities to show to COMRSIN that they meet the security requirements defined therein, which shall issue the corresponding certification. 

 

 

REGULATED ENTITIES

 

In Portugal, at the present time, the only facility that produces spent fuel is the Portuguese Research Reactor (RPI). Nevertheless this fuel will be transferred to the United States before the end of 2019, under a bilateral agreement between the Portuguese Government and the U.S. Government.

 

As regards the production of radioactive waste, in addition to the RPI, numerous entities in industry, healthcare, research and education generate such waste, due to the use of radioactive materials of various activities. On the other hand, managing bodies of non-radioactive wastes are occasionally confronted with the entry in their facilities of contaminated material, becoming, therefore, accidental holders of radioactive waste, but with the same duties as the remaining holders.

 

In the current situation, about 280 entities are licensed to exercise activities involving ionizing radiation, of which 72 % are located in the industrial sector, 26 % in the health sector and 2 % in the research and education sector.  All these entities are potential producers of radioactive waste and have the duty to inform and to follow the rules set out above. 

 

As mentioned earlier, the decree 156/2013 determines how the only elimination facility in the country, CTN IST- UL, must be licensed by the regulatory authority. Any other entity wishing to carry on the business of management or operate a facility for radioactive waste management and spent fuel must ask for their respective license. The only exception corresponds to the storage for less than 30 days (see above).

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© 2013 Secretaria Geral do Ministério da Educação e Ciência

COMRSIN

Palácio das Laranjeiras Estrada das Laranjeiras, 205 1649-018 Lisboa

Tel : (+351) 217 231 000

geral-comrsin@comrsin.pt

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