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How NORM activities are regulated in France and what are the opportunities of evolution ?

ASN/ionizing Radiation and Health Department

Worker and Public Exposure Bureau

Pierrick Jaunet

28 octobre 2016

27 november 2012 – Page 2/35

Contents

• Current regulation

• Assessment of ionizing radiation exposure due to NORM activity

• Transposition of Council Directive 2013/59/Euratom implementation in French regulatory framework

• Transposition: NORM activities

• Transposition: Building materials

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Current regulation

A potential radiation risk can result from the presence of natural radionuclides in materials usually considered as not radioactive and used in non nuclear manufacturing.

96/29 EURATOM Directive Title VII - Significant increase in exposure due to natural radiation sources

Art. 40: Which industries are concerned ? Art. 41: Are radiation protection actions required ?

French Public health code French Labour code

French Ministerial Order of May 25, 2005

* Defines a list of ten industries concerned * Imposes on the operator or the employer to carry out dose assessments for workers and population * Characterization of raw materials, products and waste

Doses assessments are conducted under the responsibility of the industrial operator and conclusions are addressed to the French Nuclear Safety Authority (ASN) and to the IRSN

Current regulation

• Coal combustion in thermal power plants

• Treatment of tin, aluminium, copper, titanium, niobium, bismuth and thorium ores

• Production of refractory ceramics and smelting, metallurgy and glass industry using them

• Production or use of compounds with thorium

• Production of zircon and baddeleyite, and smelting or metallurgy plants using them

• Production of phosphated fertilizers and phosphoric acid

• Treatment of titanium dioxide

• Treatment of rare earths and production of pigments containing them

• Underground water treatment by filtration

• Spas A significant number of industrial facilities potentially concerned

Regulations: list of relevant industrial activities

French Ministerial Order of May 25, 2005

-Doses evaluation of both workers and public are required -Content of studies is detailed in the ministerial order: there are no standards nor approved bodies

Mandatory content of doses assessments addressed by NORM industries • « Workers » study

– Description of industrial facilities, products, processes – radiological characterisation of NORM in use (40K, 238U, 235U and 232Th

series) – Identification of workplaces and scenarios liable to exposure – Dose assessments – Actions undertaken to reduce exposure

• additional content for « population » study – Quantity and type of waste generated; on-site treatment – Wastes outlets – Assessment of doses for identified population groups – Actions to reduce exposure

Regulation

• « Exceptions » to studies realization :

– Workers: • Realization of a study on a similar installation

need to justify the similarity of exposure parameters • Possibility of not achieving a dose assessment whether a

study corresponding of activity sector excludes any risk of significant exposure

– Population : a study based on a similar installation or on a generic study

comparison of manufacturing processes, material characteristics, exposure scenarios of reference groups

Regulation

• 98 studies received to date (10/2016), 90 at review date (12/2009)

– 6 studies are not covered by regulation (ministerial order May, 25,2005)

• Radiation protection of workers – 82 studies look at workers exposure – 78 studies carried out assessments of workers exposure

• Radiation protection of population – 61 studies look at population exposure

• 20 studies carried out assessments of population exposure

General review of studies received

Combustion of coal in thermal power stations Production of phosphate fertilizer and the production of phosphoric acid

Treatment of Tin, aluminium, copper, titanium, niobium, bismuth and thorium ores Treatment of titanium dioxyde

Production of refractory ceramics and glassmaking, foundry, steel industry and metallurgy activities using refractory ceramics Treatment of rare earth and production og pigments containing rare earth

Production or use of compounds containing thorium Treatment of underground water by filtration for production of water for human consumption and mineral waters

Production of zircon and baddeleyite, and foundry and metallurgy activities using zircon and baddeleyite spas

Workers Populations

General review of studies received Distribution of studies whith exposure assessments

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« Assessment of ionizing radiation exposures in industries and Professional Activities implementing Raw Materials Containing Naturally-Occurring Radionuclides not used

because of Their Radioactive Properties »

In french and also in english : www.asn.fr

575 355 407

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1217

735

166

200

238U 232Th 235U 40K

Values above Detection Limit

Values below detection Limit

• Radionuclides involved – Natural 238U series – Natural 235U series – Natural 232Th series – 40K

• Results – More than 420 samples, measured mainly by gamma spectrometry – More than 3700 values of specific activity

• 47% of values about 238U series • 15% of values about 235U series • 29% of values about 232Th series • 9% of values about 40K

– Values above Detection Limit • Mainly for 238U series, for 232Th series

review of studies received : radionuclides involved

Classification of samples Type of industrial activity Nature of the sample – Raw material – Product and by-product – Waste, effluent, sludge and dust – Environment

Raw material = 21%

Product = 27%Waste = 32%

Environment = 20%

Uranium and thorium series activities

226Ra+ activities

1st quartile 3rd quartile

Minimum

Median

Maximum

IAEA’s exemption level recommended for NORM

Raw material

Product

Waste

(X) Number of samples with an activity > LD

Uranium and thorium series activities

• Wide variability according to: – Type of industrial activity – Nature of the sample

• The highest activities in general correspond to waste

• Activities greater than 1 Bq.g-1

• Some imbalances have been identified : – 226Ra in excess in waste from filtration of underground water – 210Pb in excess in ashes or dust produced by heating processes

Raw material = 16%

Product = 29%Waste = 55%

Conclusions on U and Th series activities

Uranium and thorium series activities

– Phosphates – Refractories and wastes generated by their manufacture or

use • Refractory blocks or moulds

– Products containing tin – finished products and waste generated by the use of thorium, – zircon, finished products and associated waste – Wastes produced during water filtration

• Résin, filtration sands… – waste generated during the treatment of titanium ores

• tartars – finished products containing rare earth.

Materials for which the specific activity exceeds 1Bq/g

• Workers exposure – No justification about measurements location – Measurements are not always associated with a workplace – Imbalance is not taken into account in calculations – Only one rate is taken into account between specific activity of uranium and thorium series for all

workplaces – Lack in the description of workplaces – Exposure durations too often irrealistic – Maintenance and dismantling operation of facilities are little or not at all considered

• Population exposure – Very few datas on population exposure – IRSN thinks that facilities incidence on populations could be assessed either by quantitative way

with rigorous dose calculation, either qualitatively through a deep study of transference route – Need for further description of transference route including through waste and effluent

management – When a dose calculation is engaged, it should ensure that it is realistic

Overall review of quality of studies on Scenarios for Dose Assessments

• 10 % of doses for workers considered by IRSN are above 1 mSv/y – Ores treatment 12% of doses – Refractory ceramics production and glassmaking activities, foundry, stell-

industry and metallurgy using refractory ceramics 2 % of doses – Production or use of compounds containing thorium 50 % of doses – Production of zircon and baddeleyite, and the foundry and metallurgy using

zircon and baddeleyite 25 % of doses

• Representativeness of data – Number of studies is low for:

• Production or use of compounds containing thorium • Production of phosphate fertiliser • Treatment of rare earth and the production of pigments containing rare earth • Treatment of underground water by filtration • spas

Overall review of quality of studies on Scenarios for Dose Assessments (2/3)

• Combustion of coal – Maximum dose : workers 0,383 mSv/y, public μSv/y – Maximum specific activity for 210Pb group (> 1 Bq/g)

• Ores treatment (titanium, tin, aluminum) – Maximum dose: workers 2,23 mSv/y, public 140 μSv/y – Maximum specific activity for waste and radium 226 and 228 group (above 100 Bq/g) and

210Pb group(above 10 Bq/g)

• Refractory ceramics (production and use) – Maximum dose: workers 1,16 mSv/y, public 590 μSv/y – Maximum specific activity above 10 Bq/g for 210Pb group, above 1 Bq/g for uranium 238,

radium 226 and 228 group

• Thorium – Maximum dose: workers 81,7 mSv/y (without safety equipments) and 42 mSv/y (safety

equipments worn), public 350 μSv/y – Maximum specific activity above 10 Bq/g for 210Pb group – Maximum specific activity above 1000 Bq/g for 228Ra and 228Th groups

• Zircon (production and use) – Maximum dose 2,26 mSv/y, public 160 μSv/y – Maximum specific activity above 100 Bq/g for 238U group

Overall review of quality of studies on Scenarios for Dose Assessments (3/3)

Conclusions

•Has strengthened knowledge of NORM activities and their impact on public and workers

• Identification of activities not covered by the regulation

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Transposition of Council Directive 2013/59/Euratom

Implementation in french regulation framework

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Transposition of Council Directive 2013/59/Euratom Implementation in french regulation framework

Public Health Code General principles of radiation protection

Public and medical exposure

- Notification / License

- Dose limits, Radioactivity in consumer goods and construction, intervention levels, radon

Materials, Environmental radioactivity

- Emergency exposure / lasting exposure situation

Environment Code Public and environmental exposure – Specific regulation

- ICPE (Installation Classified on Environmental Protection grounds)

- INB (Basic Nuclear installation)

COUNCIL DIRECTIVE 2013/59/EURATOM of 5

December 2013 laying down basic safety standards for

protection against the dangers arising from exposure to

ionising radiation

Labour Code General protection of workers :

Intervention in emergency situation

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Legislative procedure

Energy transition and green growth Act (LTECV) : the government

was allowed to legislate by Decree (Ordonnance)

The government had six months after the promulgation of the « LTECV » Act to issue the Ordonnance

This Ordonnance 2016-128 of 10th February 2016 modifies Public Health Code, Labour Code and Environment Code. It will enter into force at a date set by Decree of the Council of State, and no later than 1st July 2017.

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Legislative procedure

Second step : A decree of the Council of State will also modify, before this date, the regulatory part of the Health Code.

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Transposition work : Organisation Steering committee :

Department of Environment, Health,

Labour, Interior (Civil Security), ASN

Legislative Committee coordinated by ASN

Regulation Working Groups Ministries, ASN, IRSN

GT1: General Principles of radiation protection

GT2 : Natural exposure (except radon)

GT3: Notification, Registration, Licence (sources)

GT4 : Medical exposure

GT5 : Radon

Emergency exposure situation

Existing exposure situations

Workers exposure situation

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Transposition: NORM Activities

The Directive requests

• the Directive requests to identify : – the classes or types of practices involving naturally-occurring radioactive

material and leading to exposure of workers or members of public (article 23) ; – for justified practices, a notification is at least required (article 25) with a graded

approach to regulatory control (article 24).

– Concerning workers, NORM activities are included in the general legal framework for occupational radiation protection (labor code)

– Concerning members of public, a draft of decree which modify the Public Health and Environment Codes was released by the government and a public and stakeholder consultation was carried out in September 2016.

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Identification of practices

• All the sectors mentioned in the Order of 25th May 2005 are included in the annex VI of the Directive and are maintained in the list

• The other sectors mentioned in the annex VI of the Directive are included in the list: oil and gas production, mining of ores, geothermal and energy production.

• New categories are included in the list: papers and cardboard mills which use a barium sulfate process and the production of natural materials such as granites.

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Identification of practices

• This list is designed to evolve

• For activities with specific environment characteristic, a case by case approach will be used:

– If Nuclear Safety Authority or a State service, have for a facility not on the list, evidence that the raw materials, products manufactured or wastes generated by this activity may contain naturally occurring radionuclides in significant concentration, the competent authority for regulatory control may request radiological characterization of these materials, products, residues or waste.

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A graded approach

• NORM activities mentioned in the list mentioned : characterization of raw materials, products and waste by measuring the radioactivity by accredited laboratories.

• If the concentration activities < exemption values : exemption of notification.

• If not, the operator may use a dosimetric approach : a derogation may be requested by the operator ; impact assessment on the environment and population exposure, demonstrating the negligible nature of the added of these natural radionuclides.

• If the concentration activities > exemption values a specific legal system will be applied.

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Nuclear activities : specitif legal system

• Nuclear activities are subject to the general provisions of the Public Health Code and, depending on their nature and the risks that they involve, to a specific legal system:

– the system for Installations Classified on Environmental Protection grounds (ICPE) for those activities covered by the list in Article L. 511-2 of the Environment Code (industrial activities using unsealed radioactive sources, depot, storage or disposal facilities for solid ore residues, etc.);

– the Basic Nuclear Installations (BNI) system specified in Article L. 593-1 of the Environment Code;

– the Secret Basic Nuclear Installations (SBNI) system, which is subject to the Defence Code;

– the small-scale nuclear activities system for the other activities (medical or industrial activities using ionising radiation or radioactive sources) which are subject to the Public Health Code requirements.

• most of the professional activities concerned by natural occurring issue, are already subjected to the ICPE regulation for risks other than radiological -> ICPE regulation 30

Other issues / reflection

• Dose constraint: – a general reflection was launched by ASN about the use of dose constraint ; – Historically, France doesn’t use this tool of optimization (use of best avalaible

techniques in order to set up gaseous and liquid emission limits) ;

• Radon: – For the use of the general exemption criteria, as defined in Annex VII, radon

exposure from the NORM material should be taken into account (allowing for the prevailing background) in the dose calculation (1 mSv/year criterion) : the exposition due to radon may lead to doses >> 1 mSv/y

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Building materials

Cycle of production

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Buildings materials: new requirements

• Activities producing these materials will have first to supply a radioactive characterization (mass concentrations in natural radionuclides) in order to commercialize them.

• If these materials have mass concentrations in natural radionuclides above the exemption values, they are considered as radioactive sources and cannot be distributed or used without a specific prior authorization.

• Professionals of construction products containing NORM materials, index "I"

• requirement concerning the building construction professionals such as architects, designers or builders are under discussion in order to ensure that the activity of their building is below the limit of 1 mSv.

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Thank you for your attention