Approved by Order of the Federal Environmental, Industrial and Nuclear Supervision Service dated July 5, 2013 No. 288 FEDERAL RULES AND REGULATIONS IN THE FIELD OF ATOMIC ENERGY USE "RULES OF RECLASSIFICATION OF NUCLEAR MATERIALS INTO RADIOACTIVE SUBSTANCES OR RADIOACTIVE WASTE" (NP-072-13) I. Purpose and scope 1. These federal rules and regulations in the field of atomic energy use “Rules of reclassification of nuclear materials into radioactive substances or radioactive waste” (hereinafter - the Rules) have been developed in accordance with Federal Law No. 170-FZ “On the use of atomic energy” dated November 21, 1995 (Collected legislation of the Russian Federation No. 48, 1995, Art. 4552; 1997, No. 7, Art. 808; 2001, No. 29, Art. 2949; 2002, No. 1, Art. 2; No. 13, Art. 1180; 2003, No. 46, Art. 4436; 2004, No. 35, Art. 3607; 2006, No. 52, Art. 5498; 2007, No. 7, Art. 834; No. 49, Art. 6079; 2008, No. 29, Art. 3418; No. 30, Art. 3616; 2009, No. 1, Art. 17; No. 52, Art. 6450; 2011, No. 29, Art. 4281; No. 30, Art. 4590, Art. 4596; No. 45, Art. 6333; No. 48, Art. 6732; No. 49, Art. 7025; 2012, No. 26, Art. 3446), Federal Law No. 317-FZ dated December 1, 2007 “On State Atomic Energy Corporation ROSATOM” (Collected legislation of the Russian Federation, 2007, No. 49, Art. 6078; 2009, No. 29, Art. 3642; 2010, No. 23, Art. 2789; No. 48, Art. 6246; 2011, No. 1, Art. 49; No. 29, Art. 4281; No. 29, Art. 4291; No. 30, Art. 4591; No. 30, Art. 4596; No. 48, Art. 6732; No. 49, Art. 7025; 2012, No. 26, Art. 3446), Federal Law No. 190-FZ dated July 11, 2003 No. “On radioactive waste management and making amendments to certain legal acts of the Russian Federation” (Collected legislation of the Russian Federation No. 29, 2011, Art. 4281), Decree of the Government of the Russian Federation No. 1511 “On approval of the Regulation on development and approval of Federal rules and regulations in the field of atomic energy use” dated December 1, 1997 (Collected legislation of the Russian Federation, 1997, No. 49, Art. 5600; 1999, No. 27, Art. 3380; 2000, No. 28, Art. 2981; 2002, No. 4, Art. 325; No. 44, Art. 4392; 2003, No. 40, Art. 3899; 2005, No. 23, Art. 2278; 2006, No. 50, Art. 5346; 2007, No. 14, Art. 1692; No. 46, Art. 5583; 2008, No. 15, Art. 1549; 2012, No. 51, Art. 7203), Decree of the Government of the Russian Federation No. 1511, "On approval of the Regulation on the system of state accounting and monitoring of nuclear materials" dated December 1, 1997 (Collected legislation of the Russian Federation, 2008, No. 19, Art. 2188; 2009, No. 18, Art. 2248; 2011, No. 7, Art. 979) 2. These Rules establish the requirements for reclassification of nuclear materials in the form of simple substances or compounds, mixtures, alloys, products, accounting units containing nuclear materials (hereinafter - NM) which are registered in the system of state accounting and monitoring of nuclear materials, into radioactive substances (hereinafter - RSb) or radioactive waste (hereinafter RAW). 3. In accordance with these Rules, subject to reclassification into NM are the RSb, RAW which contain NM and arrived for processing into a material balance area (hereinafter - MBA) for extraction of NM. 4. These Rules apply to the activities for assurance of state accounting and monitoring in production, use, processing, storage of NM, special non-nuclear materials (except for deuterium and lithium-6), RSb and RAW, regardless of the legal form of legal entities engaged in these activities, and the form of ownership to these materials, RSb or RAW. II. General 5. In reclassification of NM into RSb or RAW, a complex of organizational and engineering measures is implemented as a result of which the NM contained in the products found unfit for further intended use and prepared for storage, as well as in products used in the manufacture of RSb, are deregistered from the system of state accounting and monitoring of NM, and the resulting RSb, RAW, subject to their compliance with the criteria for being referred to RAW and (or) RSb, are registered in the system of state accounting and monitoring of radioactive substances and radioactive waste (hereinafter - reclassification of NM into RSb or RAW). 6. Names and parameters of NM reclassified into RSb or RAW shall be established by the organization handling the NM (hereinafter - the organization). 7. Reclassification of NM into RSb, RAW shall be performed in the MBA at the place of their registration on the basis of a document prepared according to item 17 hereof and approved by the head of the organization or an authorized person. 8. For NM prepared for reclassification into RSb, RAW, the values of their weight and other characteristics shall be determined with the use of methods and means of measurement specified in the program of measurements of NM, RSb, RAW. The results of measurements shall be specified in the accounting documents for the NM which are reclassified into RSb or RAW. 9. When reclassified into RAW, NM shall be deregistered after the transfer of products containing them from an MBA to a RAW storage facility. The fact of transfer of products shall be executed with a document containing data on both NM and RAW. The document shall be signed by a person in charge of the accounting of NM, or an official in charge of the accounting of NM, as well as a person responsible for accounting and monitoring of RAW in the organization, and approved by the head of the organization or an authorized person. 10. Deregistration of NM from the system of state accounting and monitoring of NM when reclassified into RAS shall be carried out on the basis of accounting documents for NM and RSb after the transfer of RSb from an MBA to a warehouse of finished products or to a recipient organization. The fact of the transfer of RSb shall be executed with a document which shall be signed by a person in charge of the accounting of NM, or an official in charge of the accounting of NM, as well as a person in charge of accounting and monitoring of RAW in the organization, and approved by the head of the organization or an authorized person. 11. The amount of NM deregistered from the state accounting at reclassification of NM into RSb and (or) RAW shall be registered in accounting and reporting documents of the system of state accounting and monitoring of NM. The amount and characteristics of RSb and (or) RAW registered in the state accounting system, shall be registered in accounting and reporting documents of the system of state accounting and monitoring of RSb and RAW. 12. In reclassification of RSb, RAW into NM, a complex of organizational and engineering measures is implemented for determination of the content of NM in RSb, RAW as a result of which the RSb, RAW are deregistered from the system of state accounting and monitoring of RSb and RAW where the NM, subject to their compliance with the criteria for being referred to NM, are registered in the system of state accounting and monitoring of NM (hereinafter - reclassification of RSb, RAW into NM). 13. Reclassification of RSb, RAW into NM is only allowed in the MBA of the organization possessing a license for handling NM. 14. Upon receipt of RSb, RAW accounting units (a batch of RSb, packages, radionuclide sources) for processing for extraction of NM to the MBA of the recipient, necessary procedures shall be performed for reclassification of these RSb, RAW into NM. At the same time, the NM contained in the received products shall be registered in the system of state accounting and monitoring of NM. III. Reclassification of nuclear materials to radioactive waste 15. NM are reclassified into RAW subject to observance of the following conditions: it is impossible or economically impractical to extract NM from products using processing technologies existing in the Russian Federation; subsequent use of RAW transferred for processing and storage on the basis of application of the technologies existing in the Russian Federation without carrying out special organizational and engineering arrangements is excluded. 16. After the preparation of products and preparation of accounting documents for them, records the transfer of the products from the tanks, storage facilities where they are contained into the NM processing apparatuses needs to be excluded by hardware (such as interlocks, shutdown valves), sealing with identifiable single-action devices protecting the facility from unauthorized access through indication of intervention and containment within certain limits from penetration (hereinafter - seals) that meet the requirements of national standards. 17. Regulations (methodology) according to which the organization carries out the reclassification of NM to RAW shall be developed by the organization and approved by Rosatom. In case of a breach of the regulations (methodology), the organization shall submit a document containing the reasons of the breach and actions aimed at reduction of NM losses to the atomic energy use management authority. The regulations (methodology) shall contain: values of NM characteristics reclassified into RAW; a list of obligatory arrangements for preparation for transfer of NM and their reclassification to RAW, the procedure and technology of their implementation; personnel engaged and required equipment and instrumentation; procedure for determination of the amount of NM to be reclassified into RAW; requirements for the time limits set for measures for reclassification of NM into RAW; a list, forms and procedure of keeping the documents executed at reclassification of NM into RAW; other provisions determined by specifics of the organization's activities. 18. Persons shall be appointed to be in charge of registration of RAW and their transfer from the MBA to the RAW storage facility. Reclassification of NM to RAW is carried out on the basis of a committee certificate approved by the head of the organization or an authorized person. The committee of the organization shall be appointed by an administrative document of the head of the organization or an authorized person. The administrative document shall define the structure of the committee and period of its powers. The committee shall include an official in charge of NM accounting and a person in charge of RAW accounting and monitoring in the organization. 19. The committee appointed in accordance with item 18 hereof shall carry out: verification of compliance with the conditions established by these Rules and regulatory documents of the organization; verification of the parameters of the NM to be reclassified into RAW. In this case, the following shall be established: compliance of the procedure of determination of actual available amount of the NM to be reclassified into RAW with the procedure established by regulatory documents of the organization; compliance of actual parameters of accounting units with registered accounting data and radiation characteristics. 20. The results of activities of the committee appointed in accordance with item 18 hereof shall be documented with a certificate. The committee certificate shall contain: ground for creating the committee, the composition of the committee; ground for reclassification of prepared NM into RAW; specification of locations of the NM prepared for reclassification into RAW; results of verification of compliance with the conditions of reclassification of NM into RAW in accordance with item 15 hereof; conclusions and suggestions of the committee regarding the feasibility of reclassification of prepared NM into RAW; numbers of packages with the NM prepared for reclassification to RAW and identifiers of seals installed on the packages; data necessary to make appropriate changes to accounting documents at deregistration of NM and registration of RAW; signatures of all commitee members. 21. The issued and approved certificate shall be sent to the service (division) exercising accounting of NM in the organization, and to the service (division) exercising accounting of RSb and RAW in the organization. 22. On the basis of the certificate of the committee the head of the organization shall issue an administrative document on reclassification of NM to RAW and their transfer from the MBA to the RAW storage facility. The NM shall be deregistered in the MBA and registered in the system of state accounting and monitoring of RSb and RAW within two business days from the date of transfer of the NM to be reclassified to RAW from the MBA to the RAW storage facility. The ground for documentary execution of deregistration of NM in the MBA is constituted by availability of a document on receipt and registration of RAW signed by a financially liable person exercising accounting of NM, or an official in charge of accounting of NM, as well as a person in charge of accounting and monitoring of RSb, RAW in the organization. IV. Reclassification of nuclear materials to radioactive substances 23. NM may be reclassified into RSb subject to the following conditions: availability of an executed document which makes the ground for reclassification of NM to RSb (a contract, documents for reclassification of NM to RSb); availability of calculation of required quantity of NM for production of RSb with taking into account all NM losses; availability of a Rosatom's decision on use of NM in production of RSb (for NM which constitute federal property), or availability of a decision of the head of the organization on use of NM in production for manufacture of RSb (in case of use of NM which constitute property of a legal entity); availability of a certificate of fulfillment of works on production of RSb or another document confirming the fact of production of RSb; the amount of NM which can be used in the manufacture of RSb in this organization shall be defined in contracts (agreements) between the manufacturer and customer organization; the amount of NM contained in the products prepared for reclassification to RSb does not exceed the minimum quantity which is subject to accounting and monitoring in the system of state accounting and monitoring of NM, with the exception of depleted uranium used as a carrier of hydrogen isotopes, as well as the one contained in protective containers of transport packings, radiation heads of gamma-flaw detectors, irradiating heads of gamma-therapeutic devices, transportrefueling containers and other similar specific products used for radiation protection (hereinafter radiation protection products); RSb compliance with the requirements of the data sheet or another document certifying its characteristics and quality. 24. Procedures of reclassification of NM to RSb and transfer of RSb to storage locations (warehouse, storeroom) shall be regulated in organizational and administrative documents of the organization. Reclassification of NM to RSb shall be carried out on the basis of a certificate of the committee approved by the head of the organization or an authorized person. The committee of the organization shall be appointed by an administrative document of the head of the organization or an authorized person. The administrative document shall define the structure of the committee and period of its powers. The committee shall include an official in charge of NM accounting and a person in charge of RSb accounting and monitoring in the organization. If necessary, a number of committees shall be established in the organization. 25. The results of activities of the committee appointed in accordance with item 24 hereof shall be documented with a certificate which shall contain: ground for creating the committee, the composition of the committee; ground for reclassification of prepared NM into RSb; specification of locations of the NM prepared for reclassification into RSb; conclusions and suggestions of the committee regarding the feasibility of reclassification of prepared NM into RSb; numbers of packages with the NM prepared for reclassification to RSb and identifiers of the seals installed on the packages; data required for deregistration of NM and data required for registration of RSb; signatures of all committee members. 26. The certificate shall be sent to the service (division) exercising accounting of NM in the organization, and to the service (division) exercising accounting of RSb in the organization. 27. On the basis of the committee certificate, the head of the organization shall issue an administrative document on reclassification of NM into RSb. 28. Documentation of deregistration of NM used for production of RSb, radiation protection products which are not subject to further accounting in the system of state accounting and monitoring of NM shall be made on the basis of a certificate of acceptance issued in accordance with an established procedure by the RSb recipient or on the basis of the signature in the consignment note of the representative of the RSb recipient (the powers of the representative shall be confirmed by a corresponding power of attorney). V. Reclassification of radioactive substances, radioactive waste into nuclear materials in processing of radioactive substances, radioactive waste containing nuclear materials 29. When receiving RSb, RAW (batch, packages, radionuclide sources) for processing for the purpose of extraction of NM in the MBA, measurements of the content of NM in RSb, RAW shall be performed with measurement means and methods established in the program of measurements. The data obtained as a result of these measurements, together with the data given in the accounting documents of the supplier for the accounting units of RSb, RAW, shall be sufficient to determine the amount of NM, reclassify RSb, RAW to NM, issue accounting documents and register NM in the system of state accounting and monitoring of NM. 30. Acceptance and registration of the NM contained in RSb, RAW shall be made in the MBA no later than 10 days from the moment of the approval of the document on reclassification of RSb, RAW to NM by the head of the organization or an authorized person. 31. The procedure for preparation of RSb, radiation protection products, RAW (including in processing in the organization or sending for processing out of its limits) for the purpose of extraction of NM shall be established in organizational and administrative documents of the organization. 32. Reclassification of RSb, RAW to NM shall be carried out on the basis of a committee certificate approved by the head of the organization or an authorized person. 33. The committee of the organization shall be appointed by an administrative document of the head of the organization or an authorized person. The administrative document shall define the structure of the committee and period of its powers. The committee shall include an official in charge of NM accounting and a person in charge of RSb, RAW accounting and monitoring in the organization. If necessary, a number of committees shall be established in the organization. 34. The results of activities of the committee appointed in accordance with item 33 hereof shall be documented with a certificate which shall contain: ground for creating the committee, the composition of the committee; ground for processing of RSb, RAW, radiation protection products and producing NM from them; specification of locations and technologies of processing of RSb, RAW, radiation protection products prepared for producing NM from them; conclusions and suggestions of the committee on feasibility of reclassification of prepared RSb, RAW, radiation protection products into NM; numbers of packages with the RSb, RAW prepared for reclassification to NM and identifiers of the seals installed on the packages; data required for deregistration of RSb, RAW, and data required for registration of NM; signatures of all committee members. 35. The committee certificate shall be sent to the service (division) exercising accounting of NM in the organization, and to the service (division) exercising accounting and monitoring of RSb, RAW in the organization. 36. On the basis of the committee certificate, an administrative document of the head of the organization shall be issued on reclassification of RSb, RAW into NM. VI. Reclassification of radioactive substances containing nuclear materials into nuclear materials 37. RSb in the form of open radionuclide sources or closed radionuclide sources containing NM, as well as radiation protection products shall be reclassified into NM and registered in the system of state accounting and monitoring of NM in the following cases: the aggregate amount of NM in all open radionuclide sources located in the organization has exceeded the minimum amount of NM subject to accounting in the system of state accounting and monitoring of NM; the weight of NM in a single closed radionuclide source exceeds the minimum amount of NM subject to accounting in the system of state accounting and monitoring of NM; the total weight of plutonium-239 in plutonium containing less than 60% of plutonium-238, and uranium-235 in uranium enriched with uranium-235 to more than 20% (the percentage shall be stated in the source data sheet) contained in the sources registered with the organization exceeds 800 g; the total amount of uranium in all radiation protection products located in the organization not used and not planned for further use has exceeded the minimum amount of uranium from which NM is subject to accounting in the system of state accounting and monitoring of NM. 38. Reclassification of RSb, radiation protection products into NM shall be carried out on the basis of a committee certificate approved by the head of the organization or an authorized person. 39. The committee of the organization shall be appointed by an administrative document of the head of the organization or an authorized person. The administrative document shall define the structure of the committee and period of its powers. The committee shall include an official in charge of NM accounting and a person in charge of RSb, RAW accounting and monitoring in the organization. If necessary, a number of committees shall be established in the organization. 40. The results of activities of the committee appointed in accordance with item 38 hereof shall be documented with a certificate which shall contain: ground for creating the committee, the composition of the committee; ground for reclassification of RSb, radiation protection products into NM; conclusions and suggestions of the committee on feasibility of reclassification of prepared RSb, radiation protection products into NM; numbers of packages with the RSb prepared for reclassification to NM and identifiers of the seals installed on the packages; data required for deregistration of RSb, radiation protection products, and data required for registration of NM; signatures of all committee members. 41. The committee certificate shall be sent to the service (division) exercising accounting of NM in the organization, and to the service (division) exercising accounting of RSb, RAW in the organization. 42. On the basis of the committee certificate, an administrative document of the head of the organization shall be issued on reclassification of RSb into NM. 43. In case the organization has not handled NM before the emergence of the need for reclassification of RSb, radiation protection products into NM, the organization, prior to undertaking activities on reclassification of RSb, radiation protection products into NM, shall: organize an MBA and a service (division) to exercise state accounting and monitoring of NM in the organization; appoint financially liable persons; develop and approve a set of necessary regulatory and methodological documents to ensure state accounting and monitoring of NM; provide training of the personnel of state accounting and monitoring system of NM in the organization; prepare the facilities and resources for state accounting and monitoring of NM in the organization; go through the licensing procedure and obtain a license for NM management.