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;
11.2
(a)
carry out inspection and tests;
(b)
take samples
(c)
take photographs; and
(d)
carry out such other functions as the Authority may determine.
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)
(c)
the radioactive content involved
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.