Environmental Remediation National Policy,Strategy and Regulatory Process as Applied to Legacy Sites Russel Edge Decommissioning and Remediation Unit Division of Radiation ,Transport and Waste Safety International Forum for the Regulatory Supervision of Legacy Sites (RSLS) 4th Annual Technical Meeting Vienna Austria 22 - 24 October 2013

Definition from IAEA Safety Glossary Remediation Any measures that may be carried out to reduce the radiation exposure from existing contamination of land areas through actions applied to the contamination itself (the source) or to the exposure pathways to humans. Complete removal of the contamination is not implied. The more informal term cleanup is also used. If used, it should be used with the same meaning as remediation, not to attempt to convey a different meaning.

Where can remediation situations occur? During all parts of the nuclear fuel cycle: Front end – uranium mining and milling. Plant operations – any nuclear installation can have accidents/process upsets that can create contaminated soils and water. Back end – if wastes, and facilities after their operating life, are not properly cared for. Legacy facilities are a particular challenge.

Factors Relevant For Remediation Planning National policies Regulatory framework National and local levels Public attitudes and perceptions Cultural and ethnic traditions Organizational structures and responsibilities Problem site identification and characterization Ecological impacts Human health impacts Economic and social impacts Implementation resources (economic, technical, etc.) Management of wastes

IAEA Safety Fundamentals Top level policy document of the IAEA Safety Standards Series: – States basic objectives, concepts and principles; – Comprised of 10 safety principles; Principle 2: Role of government. An effective legal and governmental framework for safety, including an independent regulatory body, must be established and sustained. Principle 7: Protection of present and future generations. People and the environment, present and future, must be protected against radiation risks.

Governmental, Legal and Regulatory Framework for Safety-No. GSR Part 1 Requirement 1: National policy and strategy for safety The government shall establish a national policy and strategy for safety, the implementation of which shall be subject to a graded approach in accordance with national circumstances and with the radiation risks associated with facilities and activities, to achieve the fundamental safety objective and to apply the fundamental safety principles established in the Safety Fundamentals.

Governmental, Legal and Regulatory Framework for Safety-No. GSR Part 1 National policy and strategy for safety shall express a long term commitment to safety. The national policy shall be promulgated as a statement of the government’s intent. The strategy shall set out the mechanisms for implementing the national policy.

GSR Part 1 (cont) In the national policy and strategy, account shall be taken of the following: (a) The fundamental safety objective and the fundamental safety principles established in the Fundamental Safety Principles; (b) Binding international legal instruments, such as conventions and other relevant international instruments; (c) The specification of the scope of the governmental, legal and regulatory framework for safety

GSR Part 1 (cont) (d) The need and provision for human and financial resources; (e) The provision and framework for research and development; (f) Adequate mechanisms for taking account of social and economic developments; (g) The promotion of leadership and management for safety, including safety culture.

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Policy and Strategy Considerations A typical policy should take into account the national legal framework and institutional structure and applicable international conventions while providing for the allocation of responsibilities and resources in addition to safety, security objectives and public information and participation in the decision making process.

Policy and Strategy Considerations-2 The strategy reflects and elaborates the goals and requirements set out in the policy statement. Based upon detailed information on the current situation in the country (organizational, technical and legislative). The technical solutions proposed for the remediation of sites in the country should be politically, technically and economically feasible. When selecting a set of technological procedures, an appropriate end point must be identified, usually a suitable end state. The steps in formulating and implementing the strategy include : selecting the technical procedures, allocating the responsibility for implementing the identified procedures, establishing supervisory mechanisms and; developing implementation plans.

Principles for Remediation Justification of undertaking remediation; Optimisation of the protection for the remedial actions; Providing appropriate protection of future generations and the environment; Providing efficiency in the use of resources; Providing open and transparent interactions with stakeholders

Why is a Remediation Policy Needed ? An established remediation policy is essential for establishing the core values on which remediation be based. Environmental remediation policies will set the nationally agreed position and will give visible evidence of the concerns and intent of the country. The formulation of a national policy will encourage the establishment of a legal framework for ensuring coherent and consistent remediation approaches.

Initial considerations National legal framework and institutional structure Existing (environmental) Legislation and Rules to be applied in the specific case of contaminated sites; Existing Waste Management legislation; Need for involvement of stakeholders and the public; The availability of a funding system.

Remediation-Specific Safety Requirements WS-R-3 (2003) provides safety requirements for remediation. WS-R-3 is supported by the safety guide Remediation Process for Areas Affected by Past Activities and Accidents, IAEA Safety Standards Series No. WS-G-3.1 (2007)

Environmental Remediation Process Collection and evaluation of site data Determination of appropriate criteria Decision on remediation requirements and prioritization Development of remediation plan Public involvement Regulatory approval Implementation of remediation project Post-remediation verification Long-term institutional control

National Priorities of Action Large numbers of contaminated sites are present in some countries Defining national priorities: • Preliminary assessment of exposures • Ranking of the seriousness of the problems at the various sites • First assessment of overall remediation requirements • Assessment of available resources (financial and other) for a remediation program • Decision about scope and priorities of a remediation program balancing possible risk reduction and costs incurred

International Considerations Development of a national strategy has to consider • international agreements on the transboundary movement of wastes • international standards and conventions on waste management practices and radiation protection in particular in situations where • Sites are close to borders of other countries •Contaminants may move across borders • management activities may cross borders International cooperation may provide technical or financial assistance

Provisions Within Regulatory Framework Definition of adequate criteria for the whole process • Review and approval of remediation programs • Granting of permits or other authorizations • Funding mechanisms • Management of wastes resulting from the remediation • Involvement of stakeholders • Methods for the assessment of the adequate implementation of remedial action • Keeping of records • Imposing of restrictions on the use of areas post remediation monitoring and surveillance programs (Institutional Control)

Definition of Remediation Criteria Criteria required for : • the determination of remediation requirements • the prioritization of remedial action • the definition of remediation goals Derivation of Criteria • Based on general radiation protection criteria • Non-radiological hazards possibly also relevant; integrated assessment with radiological risks is desirable • Recommendations of national and international organizations • Impact of criteria definition on restoration costs Options for criteria definition: • Generic criteria for all sites of concern • Site-specific criteria taking account of varying site conditions

Organization Implementing the Remediation If the party responsible for the contamination can be identified this organization usually will be required to perform and fund the remediation. If this is not possible the government will have to assume responsibility for the remediation.

Responsibilities of Operator Retain necessary resources, expertise and knowledge for remediation and have competent staff Perform site investigation programs Develop waste management concept Prepare remediation plans and all supporting documentation Report to regulatory body any safety related information Prepare and implement appropriate safety procedures Establish emergency planning Apply good engineering practice Implement quality assurance program Implement remedial action according to regulatory requirements Keep records and documentation

Functions of the Regulatory Authority General functions do not differ from regulating nuclear installations Specific emphasis in environmental remediation projects usually required in some areas: High intensity of communication and cooperation with other governmental authorities (broad range of environmental, social and economical factors) Early and intense public consultation is extremely important (direct effect of risks and remedial measures on population; land-use very important for remediation concepts) Substantial changes in organization, funding, staff and training may be required if regulatory body dealing with small-scale radiation protection problems (sources, medical sector) is now faced with large scale environmental remediation projects.

Responsibilities of Regulatory Body Define safety criteria for the remediation of contaminated sites Review and approve remediation programs Issue authorization or license for remedial measures Review monitoring programs during and after remediation Provide control mechanisms for the future land-use Review and approve major changes in design, implementation methods, procedures or equipment Assess reports of abnormal occurrences Carry out regular inspections and take enforcement actions Ensure compliance with legal and regulatory requirements

Other government agencies may be involved… Examples: Authorities responsible for public liability issues Authorities for planning the use of water resources and land Authorities responsible for public and occupational health & safety Fire protection authorities Transport authorities Law enforcement bodies Bodies with responsibilities for civil engineering structures and buildings, and electrical and mechanical equipment Other bodies with responsibilities for emergency preparedness

Roles and Responsibilities in remediation program (1) Recognize need for action government Establish funding government Establish government regulator, remediator/operator long-term monitoring organization

Roles and Responsibilities in remediation program (2) 4. Establish clean up criteria regulator 5. Establish regulatory requirements regulator (license) 6. characterize/ prioritize/develop operator plan of action 7. Submit detailed plans (prioritized) operator 8. Approve plans regulator

Roles and Responsibilities in remediation program (3) 8. Conduct remediation plan operator 9. Submit report of completion operator 10. Approve report of completion regulator 11 Propose long-term care procedures operator 12. Approve procedures regulator 13. Carry out long term care LT caretaker 14. Long term oversight regulator

Regulatory Process - General Requirements Environmental Impact Assessment (EIA) and Safety Assessment (SA) performed by the operator which are consistent with regulatory guidance documents and requirements. EIA and SA are input to Remediation Plan Review and assessment of remediation plan is based on a thorough review of the operator’s technical submission by the regulatory body• General requirements on the operator’s submission: • Demonstration of the safety of the proposed activity • Accurate and sufficient information given • Technical solutions proposed are proven or qualified by experience/testing and capable of achieving the required level of safety Technical solutions will meet remediation criterion

Resources Required by Regulatory Authority Requirements for resources to effectively handle environmental remediation programs are in many aspects not different from other regulatory tasks in the nuclear field. For large scale environmental remediation programs additional resources may be required in the following fields: The review and assessment of environmental remediation concepts may require additional staff with different qualifications (e.g. hydrogeology, geophysics, atmospheric science) Requirements for funding the regulatory activity may be higher

Summary A strong regulatory structure is required for safe and efficient remediation Many similarities and significant overlap A clear authorizing process is an essential tool for regulatory supervision of remediation projects. Regulatory body provides the requirements and guidance, inspects during process and verifies compliance with requirements as documented by operator Operator is ultimately responsible for ensuring safety and that all requirements are met. An on-going process of communication between the regulatory body and operator is critical for a timely and successful remediation project.

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