GovWire

Radioactive substances are widely used by hospitals, universities and industry. For example, they use radioactive substances:

• to diagnose and treat patients
• for research and teaching
• in manufacturing and engineering processes

Some industries manage radioactive substances in the form of naturally occurring radioactive material (NORM). Examples of NORM include wastes from china clay extraction and oil and gas production.

This guidance is for all these different groups of radioactive substances users known as the non-nuclear sector.

There is separate guidance for operators of nuclear licensed sites.

If you know which permit you need and just want to find a specific application form or piece of technical guidance we have also published these separately.

Radioactive substances include radioactive material and radioactive waste. The Environment Agency regulates radioactive substances activities to make sure they meet high standards of environmental protection. They do this under the Environmental Permitting Regulations (EPR) (2016).

When you need a permit

If you are going to carry out a radioactive substances activity you may need to apply to the Environment Agency for a permit. You must do this before you start the activity.

You may need to apply for a permit if you:

• keep or use radioactive material
• receive, accumulate or dispose of radioactive waste
• keep or use mobile radioactive apparatus portable equipment containing radioactive material

You will need separate permits for sealed sources and unsealed sources.

A sealed source is a radioactive source where the radioactive material is permanently sealed in a capsule, or is in a solid form, and where radioactive substances cannot escape under normal conditions of use. The legal definition of a sealed source is given in the Basic Safety Standards Directive 2013.

Any source that does not meet the definition of a sealed source is called an unsealed source.

You may also need another type of permit if you carry out other activities as well as your radioactive substances activity. Check if you need an environmental permit for your other activities.

When you do not need a permit

You do not need a permit if the radioactive substances you are dealing with are out of scope or the activity that you are carrying out is exempt.

Out of scope

Some radioactive substances are out of scope of the legislation (EPR 2016) and so are not legally classed as radioactive material or radioactive waste. This means the Environment Agency does not need to regulate them in order to protect the environment. But they may still need to be regulated for health and safety purposes. The Health and Safety Executive does this on non-nuclear sites.

Deciding if a radioactive substance is out of scope of the legislation involves applying rules about:

• whether the radionuclides are naturally occurring or artificial
• the type of activity that natural radionuclides are used for
• whether the concentration of radionuclides is above specified levels
• whether other criteria apply, such as radionuclides with a very short half life

The government has published guidance that explains which activities or substances are out of scope. You can check section 2 (pages 11 to 33) of the guidance Scope of and exemptions from the radioactive substances legislation in England, Wales and Northern Ireland to see if your activity is out of scope.

If you are not sure whether your activity is out of scope, contact us or consult a radioactive waste adviser.

Exempt activities

Some radioactive substances activities are exempt and do not need a permit. This is because the risks to people and the environment from them are very low. But they still need a light touch level of regulation and this is done through an exemption.

You must meet certain conditions for your activity to be exempt. For example, there are conditions on how much radioactivity you can have, or how to dispose of the waste from your radioactive substances activity. The conditions are there to make sure you carefully control and manage your activity.

If you do not (or cannot) comply with the conditions, the exemption does not apply and you will need a permit.There is government guidance that describes each exemption in full. You can check section 3 (pages 34 to 112) of Guidance on the scope of and exemptions from the radioactive substances legislation in England, Wales and Northern Ireland to see if your activity is exempt and the conditions you will need to meet.

If you are not sure whether your activity is exempt consult a radioactive waste adviser or contact us for advice.

If you operate under an exemption, as well as complying with its conditions you need to understand the objective and principles for radioactive substances regulation (RSR).

RSR permits

There are 2 types of permit:

• standard rules a set of fixed rules for common activities that present a low level of hazard
• bespoke tailored to your specific activities

Standard rules permits

You can apply for a standard rules permit if your operation meets the relevant description and rules, but:

• you cannot change (vary) the rules and you have no right of appeal against them
• if you want to change your operations and so will not meet the criteria of the standard permit anymore, you will have to apply to make it a bespoke permit instead

Applying for a standard rules permit is quicker and costs less than a bespoke permit.

If you cannot comply with the rules of a standard rules permit you must apply for a bespoke permit.

How to apply for a standard rules permit

Before you apply for a standard rules permit you need to:

• read the conditions for the relevant standard rules to make sure you can comply with them
• read the instructions in the application form and form guidance
• read the generic risk assessment for your activity so you understand the potential risks and make sure you manage them effectively (you can find this with the relevant standard rules document)
• check you meet the legal operator and competence requirements
• read the guidance Radioactive substances regulation (RSR): objective and principles

You also need to develop a management system (a set of written procedures that helps you to control your radioactive substances and comply with the standard rules).

These are the standard rules permits available for non-nuclear radioactive substances activities.

SR2010 No 1: category 5 sealed radioactive sources

Read the rules for this standard rules permit: SR2010 No 1: category 5 sealed radioactiv

View the original news story