Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
Vu le environmental codein particular Article L. 592-19;
Vu le Decree No. 2007-1557 of 2 November 2007 relating to basic nuclear facilities and the nuclear safety control of the transport of radioactive substances, including Article 3;
Having regard to the decision of 7 February 2012 establishing the general rules relating to basic nuclear facilities;
Having regard to the application for registration submitted on 27 April 2015 by the Nuclear Safety Authority,
Stop it!
Decision No. 2015-DC-0508 of the Nuclear Safety Authority of 21 April 2015 on the study on waste management and the assessment of waste produced in basic nuclear facilities is approved.
The decision annexed to this Order will be published in the Official Journal of the French Republic.
The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Annex
DECISION NO 2015-DC-0508 OF THE AUTHORITY OF NUCLEAR 21 APRIL 2015 RELATING TO THE STUDY ON THE MANAGEMENT OF BUSINESS AND THE BILAN OF PRODUCTS IN NUCLEAR BASED INSTALLATIONS
The Nuclear Safety Authority,
Vu le environmental codeincluding title II of his book I and titles IV and IX of his book V;
Vu le Labour codeincluding title V of Book IV of Part IV;
Vu le Public Health Codeincluding articles R. 1333-2 to R. 1333-4;
Vu le Decree No. 2007-1557 of 2 November 2007 amended on basic nuclear facilities and the nuclear safety control of the transport of radioactive substances;
In light of the amended decision of 9 October 2008 on the nature of the information that nuclear activity officials and companies mentioned in theArticle L. 1333-10 of the Public Health Code have an obligation to establish, maintain and transmit;
Having regard to the amended decision of 7 February 2012, setting out the general rules relating to basic nuclear facilities, including articles 6.1 to 6.6;
Considering Decision No. 2013-DC-0360 of the Nuclear Safety Authority of 16 July 2013 on the control of nuisances and the impact on the health and environment of basic nuclear facilities;
Considering the results of the public consultation conducted from 18 August to 26 September 2014;
Considering the opinion of 24 March 2015 of the Higher Council for the Prevention of Technological Risks;
Considering that it is necessary to supplement the terms and conditions for the application of the regulatory provisions relating to waste management and, in particular, those of thearticle 20 of the decree of 2 November 2007 referred to above and title VI of the above-mentioned decision of 7 February 2012;
Considering that the waste management study should be kept up to date until the decommissioning of the basic nuclear facility;
Considering that, in order to ensure protection against the risks posed by waste produced by basic nuclear facilities, it is appropriate to manage these wastes as radioactive waste unless it is demonstrated in a sufficiently reliable manner that these wastes could not, in any way and at any time, be contaminated or activated;
Considering that the identification of wastes that do not justify radiation protection control must be based on several independent and successive defence lines; that the measure can only constitute an audit;
Considering that the decision of 7 February 2012 referred to above provides for the delimitation of zones with possible production of nuclear waste and provides that waste from those areas must be managed in accordance with the national plan for the management of radioactive materials and wastes;
Considering therefore that a demonstration of the absence of contamination or activation must be provided by the operator before it is authorized to manage as non-radioactive waste from a possible nuclear waste production area;
Considering that such an exemption may affect the environment and that it must therefore be the subject of public participation;
Considering further that temporary decommissioning of waste zoning must be based on guarantees equivalent to that of a final decommissioning;
Considering that in application of theArticle R. 1333-3 of the Public Health Code the use, for the manufacture of consumer goods and construction products, of materials and waste from a nuclear activity, where they are contaminated or likely to be contaminated by radionuclides, including by activation, as a result of this activity is prohibited, except for derogation;
Considering that areas that may have been contaminated or activated, including in structures or soils, must be identified with a view, inter alia, to the dismantling of facilities,
Decides:
Article 1
This decision specifies, in the annex, the rules for the management of waste produced at basic nuclear facilities, including:
- the content of the Waste Management Study 3° of Article 20 of the Decree of 2 November 2007 referred to above and section 6.4 of the above-mentioned decision of 7 February 2012;
- the modalities for the establishment and management of the waste zoning plan referred to in Article 6.3 of the aforementioned Order of 7 February 2012;
- the content and modalities for the development of the waste balance set out in Article 6.6 of the above-mentioned Order 7 February 2012.
Article 2
This decision shall apply after its approval and publication in the Official Journal of the French Republic and under the following conditions:
| Basic nuclear installation, on the date of publication in the Official Journal of the French Republic of this decision, of a decree authorizing the creation or of a decree authorizing the final order and dismantling, or operating for the benefit of acquired rights | Basic nuclear facility whose commission was authorized on the date of publication in the Official Journal of the French Republic of this decision | 1 July 2015 for titles I and III 1 July 2016 for Title IV July 1, 2017 for Title II and for the transmission of a waste management study in accordance with this decision |
| Basic nuclear facility for which the operator filed an application for a commission authorization before July 1, 2015 | Upon notification of the release authorization for securities I and III As of July 1 of the year following the authorization to commission for Title II and for the transmission of a waste management study in accordance with this decision As of July 1 following the authorization to enter into service for Title IV | |
| Basic nuclear facility for which an application for commissioning authorization is filed after July 1, 2015 | As soon as the application file is filed for the commissioning authorization for securities I to III. As of July 1 following the authorization to commission for Title IV. | |
| Basic nuclear facility subject to a request for creative authorization filed before July 1, 2015 | From the publication of the decree authorizing creation | |
| Basic nuclear facility subject to a request for creative authorization filed after July 1, 2015 | Upon filing the application for creation authorization | |
Article 3
The Director General of the Nuclear Safety Authority shall be responsible for the execution of this decision, which shall be published in the Official Bulletin of the Nuclear Safety Authority after its approval by the Minister responsible for nuclear safety.
Done in Montrouge, April 21, 2015.
The College of the Nuclear Safety Authority,
P.-F. Chevet
P. Chaumet-Riffaud
J.-J. Dumont
P. Jamet
Mr. Tirmarche
Annex to Decision No. 2015-DC-0508 of the Nuclear Safety Authority of 21 April 2015 on the study on waste management and waste disposal produced at basic nuclear facilities
TITLE I. - DEFINITIONS
PART II. - STUDY ON SCOPE
Chapter 2.1. - Objectives of the Waste Management Study
Chapter 2.2. - Content of the Waste Management Study
Chapter 2.3. - Modalities for the development and updating of the waste management study
Chapter 2.4. - Provisions relating to general operating rules
PART III. - DOWNLOAD PLAN
Chapter 3.1. - General
Chapter 3.2. - Development and justification of the waste zoning plan
Chapter 3.3. - Reporting waste zoning
Chapter 3.4. - Prevention of contamination transfer and material activation
Chapter 3.5. - Verification of the relevance of the waste zoning plan and of the compliance of the reference map with it
Chapter 3.6. - Waste zoning declassification and reclassification
PART IV. - MANAGEMENT BILAN
Chapter 4.1. - General
Chapter 4.2. - Content of waste management assessment
Chapter 4.3. - Modalities for the development of waste management assessment
For the purposes of this decision, the definitions of articles L. 541-1-1 and L. 542-1-1 the environmental code and section 1-3 of the above-mentioned order of 7 February 2012 are used as well as the following definitions:
- "conventional waste zone": area of the facility having not been defined as a possible nuclear waste area by the waste zoning plan referred to in Article 6.3 of the aforementioned Order of 7 February 2012;
- "Reference waste zoning map": a detailed map of a basic nuclear facility identifying possible nuclear waste areas and conventional waste areas as defined by the waste zoning plan;
- "Definite decommissioning of waste zoning": developments such that a possible nuclear waste area becomes a conventional waste area;
- "Temporary decommissioning of waste zoning": developments such that a possible nuclear waste area will become, for a limited period of time, a conventional waste area before a possible return to nuclear waste areas;
- "Definite reclassification of waste zoning": developments such that a conventional waste area becomes a possible nuclear waste area;
- "Temporary reclassification of waste zoning": developments such that a conventional waste area becomes, for a limited time, a possible nuclear waste area before a return to conventional waste zone.
The waste management study presents and justifies the management modalities established and envisaged by the operator of a basic nuclear facility and the means associated to meet the objectives referred to in Article L. 541-1 and the objectives of II of Article L. 542-1-2 of the Environmental Code and in the second of section 6.1 of the above-mentioned decision of 7 February 2012. These management modalities focus on the preparation of wastes for reuse, recycling or other recovery under acceptable technical and economic conditions. Disposal in storage facilities is only for ultimate waste.
The waste management study, if any, by referring to the impact study provided for in thearticle 9 of the decree of 2 November 2007 referred to above, present:
- a description of the operations at the origin of waste production;
- the characteristics of waste produced or to be produced and an estimate of waste production flows.
Article 2.2.2
The waste management study presents and justifies the waste zoning plan referred to in section 6.3 of the February 7, 2012 Order referred to under the conditions set out in Part III of this Annex.
Article 2.2.3
The waste management study, if any, by referring to the impact study provided for in thearticle 9 of the decree of 2 November 2007 referred to abovepresents and justifies, on the basis of the best available techniques, the provisions for the management of waste produced or to be produced, their envisaged changes, including:
1° It justifies the measures taken to prevent and reduce waste production and harmfulness to the source;
2° It justifies the management sector by type of waste by presenting the possible treatments (in the basic nuclear facility or in other facilities) to reduce the quantity and nocivity of wastes, in particular with regard to the directions defined in the national plan for the management of radioactive materials and wastes and the provisions of the decree by establishing the requirements;
3° It justifies the choices made in the collection, sorting, characterization, packaging, transport to meet the objectives of optimizing waste management;
4° It presents the list and characteristics of the waste storage areas referred to in section 6.3 of the above-mentioned Order of 7 February 2012 and justifies the associated storage periods, particularly with respect to the elements contained in the safety report and impact assessment, as well as the availability of management channels;
5° It sets out the provisions to ensure the traceability of wastes and, for wastes from potential nuclear waste areas, the responsibilities between the producer and the waste holder at each stage of their management;
6° It justifies the optimization of the management of discharges of liquid and gaseous effluents (radioactive or non-active) and wastes, including the impact of treatment processes, referred to in 2° of this section, on the production of wastes as well as on the nature and quantity of discharged effluents.
When several basic nuclear facilities are under the control of the same operator on the same site, the waste management study may be common to all facilities.
Article 2.3.2
If several operators of basic nuclear facilities located on the same site provide joint management of their wastes, the management modalities are specified and formalized in the waste management study.
I. - The waste management study is maintained by the operator until the decommissioning of the basic nuclear facility, taking into account changes in the facility or organizational arrangements that have an impact on waste management.
II. - The waste management study is in particular updated for the final shutdown and dismantling of a basic nuclear facility or for its transition to a monitoring phase in the case of a storage facility.
As regards waste management, the general operating rules include:
- the main applicable rules for sorting, collecting, characterization, processing, packaging, storage, traceability, transport and disposal of waste in order to meet the objectives of optimizing waste management;
- the main rules for the development and modification of the waste zoning plan in particular for temporary reclassification of waste zoning;
- the reference waste zoning map and its management principles;
- the main rules relating to the verification of the relevance of the waste zoning plan and the compliance of the reference waste zoning map to the waste zoning plan;
- the main rules for the control of waste from conventional waste areas to confirm the absence of contamination or activation;
- the main rules for preventing the transfer of contamination and the activation of nuclear waste outside areas for possible production, including for materials and equipment transiting or used, for specific operations, in the possible production area of nuclear waste;
- the main rules relating to the traceability and conservation of the history of areas likely to present risks of contamination or activation in structures or soils.
The waste zoning plan presents and justifies the related methodological principles:
- the delimitation of potential nuclear waste areas and conventional waste areas, allowing for the identification of the reference waste zoning map;
- the modalities for declassification or reclassification of waste zoning;
- the traceability and conservation of the history of areas where structures and soils are likely to have been contaminated or activated.
Article 3.1.2
The waste zoning plan and its management modalities cover the entire scope of the basic nuclear facility, including the outer areas, ducts, underground and road areas within its scope.
Article 3.1.3
I. - Waste from potential nuclear waste areas must be managed as radioactive waste unless the conditions listed in II below are met.
II. - Wastes produced in a possible nuclear waste production area may be managed as non-radioactive waste if it is demonstrated that they were not able, in any way and at any time, to be contaminated or activated. To this end, the operator shall submit to the approval of the Nuclear Safety Authority a file containing all the elements necessary for this demonstration.
The decision of the Nuclear Safety Authority is subject to public participation in the manner defined in theArticle L. 120-1-1 of the Environmental Code. It is published in the Official Bulletin of the Nuclear Safety Authority.
Article 3.1.4
Wastes from conventional waste areas are, after control of the absence of contamination and activation, directed to authorized waste streams.
The operator justifies the waste zoning plan and the reference waste zoning map based on a thorough analysis of the basic nuclear facility and the processes implemented, including:
- the design and state of realization of the installation;
- the operating modes of the installation, including transients;
- the history and the return of experience of the operation of the facility and, where applicable, other existing comparable facilities;
- the radiological state of the facility;
- the radiological zoning provided for in the articles R. 4451-18 and R. 4451-28 the code of work and texts taken for its application.
Delineations between possible nuclear waste areas and conventional waste areas are materialized. Each of these areas is displayed.
Article 3.2.2
The display also allows easy identification of areas with a risk of activation.
Demarcation between areas with possible production of nuclear waste and conventional waste areas is primarily based on physical barriers to prevent the transfer of contamination and the activation of materials. In the event of a discontinuity of these physical barriers, compensatory measures to prevent the transfer of contamination and limit activation are put in place.
Article 3.4.2
The effectiveness of the barriers is subject to controls adapted to the possible degradation modes of their ability to limit the transfer of contamination or their ability to limit the activation of materials.
Article 3.4.3
When the operator wishes to allow the use, outside the area of possible production of nuclear waste, of materials and tools intended to transit or be used for specific operations within the operator, it shall establish compensatory measures to prevent contamination or activation.
Article 3.4.4
The operator shall verify by appropriate controls, including radiological controls, the absence of contamination and activation, if any after decontamination, of equipment and equipment that has transited to the possible production area of nuclear waste for specific interventions and are intended to be used outside of it.
The operator shall verify by appropriate controls, including radiological controls, the relevance of the waste zoning plan and the conformity of the reference waste zoning map with respect to the conditions of operation of the facility and the ad hoc operations that may alter or cause it to evolve temporarily or permanently.
Temporary decommissioning of waste zoning is limited to the minimum. They cannot be treated under thearticle 27 of the decree of 2 November 2007 referred to above if the decision of the Nuclear Safety Authority on the modalities for the implementation of the internal authorization system explicitly authorizes it.
Final decommissioning or reclassification of waste zoning results in an update of the reference waste zoning map.
Article 3.6.3
I. - When the final decommissioning of waste zoning requires remediation of civil engineering structures or soils that have been contaminated or activated, the operator shall implement an appropriate remediation methodology that has been agreed by the Nuclear Safety Authority.
II. - The final decommissioning of the waste zoning is made by the ASN or the operator in the event that the modification is processed within the framework of a system of internal authorizations, following the remediation work on the basis of a balance sheet demonstrating in particular the achievement of the remediation objectives set out in the methodology referred to in I of this section.
Article 3.6.4
The record prepared in support of the declaration of final decommissioning of the waste zoning describes the steps taken to ensure the absence of any risk of contamination or activation of this area and justifies the classification in conventional waste zone pursuant to Article 3.2.1 of this annex.
I. - The declassifications and reclassifications of waste zoning, whether temporary or permanent, are registered and archived, during the period of operation of the facility, for the purpose of preserving the history of the affected areas.
II. - The operator identifies in particular, in the waste zoning plan, areas that have been decommissioned permanently and that, even surface sanitizers, may be contaminated or activated in structures or soils. It sets out possible provisions and restrictions associated with operations that could be carried out in these areas.
The operator shall prepare a record of the management of its waste and transmit it to the NSA no later than June 30 of each year. It may be attached to the annual report referred to in section 4.4.4 of the above-mentioned Order dated February 7, 2012. This report presents a quantitative and qualitative analysis of waste produced during the calendar year in the basic nuclear facility. This includes checking the adequacy of waste management to the provisions of the waste management study and identifying areas for improvement.
The statement referred to in II of Article 5.2.3. of the above-mentioned decision of 16 July 2013 takes place as an annual record for waste from conventional waste areas produced in the basic nuclear facility.
Article 4.2.2
The quantitative assessment includes for each type of waste from the possible production areas of nuclear waste produced in the basic nuclear facility:
- the designation and physical nature of the waste;
- the category to which the waste belongs according to the classification fixed by the decree of 9 October 2008 referred to above;
- the origin of the production of the waste;
- for each stage of the management sector, the installation to which the waste is shipped (name of the facility, operator and address), including a processing, packaging, storage or storage facility owned by the operator;
- the nature and condition of the conditioning;
- waste activity, major radionuclides contributing to activity and major long-term radionuclides;
- quantities per type of waste stored as of December 31 of the year preceding the year, produced during the past year, shipped during the past year and stored as of December 31 of the past year (for unpackaged but whose packaging is defined, the equivalent volume of conditioned waste).
Article 4.2.3
The operator presents a qualitative assessment of waste management including:
- a state of acceptance of radioactive wastes in management channels;
- a state of waste without industry and the studies undertaken on the determination of a management sector;
- for waste from areas with possible production of nuclear waste, an analysis of the differences in the production of waste from the previous year and an estimate for the following years;
- the presentation of measures taken to limit the volume of waste and the effects on health and the environment, in particular on soils and waters;
- an analysis of the differences in the management terms and conditions set out in the waste management study and, where applicable, corrective actions and associated timelines;
- an assessment of the declassifications and reclassifications of waste zoning to verify the relevance of the waste zoning plan and the compliance of the reference waste zoning map with it, and to reassess, where appropriate, the terms and conditions for the management of the zoning plan;
- the status of management improvement actions presented in the previous report on waste management.
In the event that several basic nuclear facilities are under the control of the same operator on the same site, the waste management assessment may be common to several basic nuclear facilities; in this case, it distinguishes the contributions of each basic nuclear facility.
Done on July 1, 2015.
For the Minister and by delegation:
The Director General of Risk Prevention,
P. White
