Radiological Protection Measures, Non-Conformity Reporting, Availability of Personnel and Resources in Emergencies, and Cargo Surveillance in the Transport of Radioactive Material

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https://www.boe.es/boe/dias/2012/02/04/pdfs/BOE-A-2012-1733.pdf

Instruction IS-34, dated January 18, 2012, from the Nuclear Safety Council, regarding criteria related to radiological protection measures, non-conformity reporting, availability of personnel and resources in emergencies, and cargo surveillance in the transport of radioactive material.

First. Purpose and Scope of Application

This Instruction aims to establish the criteria of the Nuclear Safety Council (CSN) regarding actions to be taken in activities related to the transport of radioactive material, including:

  • Measurement of contamination levels in vehicles transporting radioactive material by road.
  • Unloading, movement, and handling of radioactive material packages upon delivery to receiving radioactive facilities.
  • Actions and communication to the Nuclear Safety Council in the event of non-conformities affecting transport safety.
  • Availability of personnel and resources to provide assistance in emergencies during the transport of radioactive material.
  • Surveillance of vehicles and their cargo during loading, unloading, and delivery of radioactive packages.

This Instruction applies to participants involved in each of these activities, as specified in the corresponding sections of this Instruction.

Second. Definitions

The definitions of terms and concepts used in this Instruction correspond to those contained in the following regulations:

  • Law 25/1964, of April 29, on Nuclear Energy.
  • Law 15/1980, of April 22, on the Creation of the Nuclear Safety Council.
  • Royal Decree 1836/1999, of December 3, approving the Regulation on Nuclear and Radioactive Installations.
  • Royal Decree 783/2001, of July 6, approving the Regulation on Health Protection against Ionizing Radiation.
  • European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) in force.

Additionally, the following definitions apply exclusively in the context of this Instruction:

Package Category: Classification of a package based on the maximum radiation level at any point on its external surface and the radiation dose at one meter from it, resulting in three package categories: I-White, II-Yellow, and III-Yellow, in accordance with the regulations applicable to the transport of radioactive material.

Registered Transport Company: Road transport company registered in the «Registry of Transporters of Radioactive Materials» as established by regulations.

Non-Conformity: Failure to comply with a requirement set forth in the regulations for the transport of dangerous goods or deviation from the design of a package that may compromise its safety.

Radiological Protection Program: Set of systematic provisions aimed at allowing adequate consideration of radiological protection measures. It refers to the radiological protection program required by the regulations for all activities related to the transport of radioactive material.

Package Type/Package Type: It is the packaging used to form each of the types of packages defined in the regulations applicable to the transport of radioactive material, which are:

a) Excepted Package. b) Industrial Package Type 1. c) Industrial Package Type 2. d) Industrial Package Type 3. e) Type A Package. f) Type B(U) Package. g) Type B(M) Package. h) Type C Package.

Vehicle: Any road vehicle (owned or rented) transporting radioactive material packages.

Third. CSN Criteria Regarding Contamination Level Measurement in Vehicles

  1. Road transport companies of radioactive material, registered and based in Spain, shall be responsible for conducting periodic inspections of their vehicles, both owned and rented, as well as those of their subcontracted transporters who are not registered, and the equipment regularly used for the transport of such material, in order to determine the contamination level.
  2. The transport company shall include or reference in its Radiological Protection Program a procedure indicating, at least, how contamination measurements will be carried out, recommended measurement points, who will be responsible for conducting them, and the frequency, in accordance with the probability of contamination and the volume of radioactive materials transported. The procedure should define the recording of measurement results, which shall be made available to the CSN upon request.

Fourth. CSN Criteria Regarding Unloading, Movement, and Handling of Radioactive Material Packages Upon Delivery to Receiving Radioactive Facilities

  1. Road transport companies of radioactive material, registered and based in Spain, shall have a procedure containing measures aimed at reducing doses to personnel handling radioactive material packages and the public during unloading and delivery to receiving radioactive facilities.

This procedure shall be included or referenced in the transport company’s Radiological Protection Program and shall consider, at least, aspects such as:

a) Stowage of packages in the vehicle, taking into account both the delivery order and the dose rates emitted by the packages. b) Advance communication with the receiving facility confirming the time of arrival, so that a delivery location can be established and, if applicable, the availability of facility personnel for pickup. c) The possibility of using a system to carry the packages and measures to secure them to the system to prevent their overturning or falling during transport to the delivery location, thereby reducing possible doses to personnel transporting them.

  1. Receiving radioactive facilities shall have a procedure that includes the necessary measures to facilitate the access of radioactive packages to their premises, such as:

a) Availability of authorized personnel to receive the radioactive packages. b) Definition of suitable access areas for parking vehicles. c) Definition of access routes as close as possible to the premises where the material is to be delivered, avoiding the presence of the public whenever possible. d) The possibility of using a system to carry the packages and measures to secure them to the system to prevent their overturning or falling during transport to the delivery location, in case facility personnel transport the packages.

The procedure shall be included or referenced in the Operating Regulations of the radioactive facility.

Fifth. CSN Criteria Regarding Detection and Reporting of Non-Conformities

  1. If the transporter of radioactive material, during transport, or the recipient of such material, upon receipt, detects any of the following non-conformities, they shall report them to the shipper and notify the CSN once verified, within the specified deadlines:
  • Exceeding any of the limits of the regulations for the transport of dangerous goods regarding radiation intensity or contamination (24 hours).
  • Packages lacking the required labels indicating radiation hazards (24 hours).
  • Inconsistent labeling with the package category (24 hours).
  • Significant incidents or damage observed in packages that could compromise their safety (immediately upon knowledge of the incident).
  • Inappropriate packaging used for the transported content (24 hours).

Notifications shall be made to the Emergency Room (SALEM) of the CSN.

  1. The shipper of the radioactive material, the transporter, and the recipient, as appropriate, shall:

a) Take immediate measures to mitigate the consequences of the non-conformity. b) Investigate the non-conformity and its causes, circumstances, and consequences. c) Take appropriate measures to remedy the causes and circumstances that led to the non-conformity and prevent the recurrence of similar circumstances. d) Submit a report to the Technical Directorate of Nuclear Safety of the CSN documenting the causes of the non-conformity and the corrective or preventive measures taken or to be taken, within a maximum period of 30 days from the communication.

  1. The requirements established in this Article Five apply to transporters of radioactive material for any mode of transport and with registered office inside or outside Spain, in the latter case only when the transport is taking place through Spanish territory.

Sixth. Availability of Personnel and Resources to Provide Assistance in Incidents During the Transport of Radioactive Material

  1. Road transport companies of radioactive material, registered and based in Spain, shall ensure the availability of personnel and resources necessary to provide assistance to the competent authorities in addressing any incidents that may occur during transport.
  2. These capabilities must be maintained whenever the transport of radioactive material to final recipients or users is taking place.
  3. Personnel and resources shall be described and updated in the company’s emergency response procedure, which must be included or referenced in its Radiological Protection Program.
  4. Information about responsible persons and contact numbers shall be notified to the Emergency Room (SALEM) of the Nuclear Safety Council, for their prompt location in the event of an incident. This information must be kept permanently updated, notifying SALEM of any changes.

Seventh. CSN Criteria Regarding Cargo and Vehicle Surveillance During Loading and Unloading Operations

During loading, unloading, and delivery operations of radioactive packages, any company transporting radioactive material shall take necessary measures to ensure, whenever possible, surveillance of the transport vehicle and its cargo. If such surveillance is not possible, the vehicle shall remain locked while the driver is away from it to deliver or pick up radioactive packages or other goods, preventing unauthorized access to the cargo.

Eighth. Criteria to Be Met by Entities Authorized to Carry Out Activities with Radioactive Material and Transport It Themselves

Articles Third, Fourth, Fifth, and Seventh of this Instruction also apply to entities authorized in Spain to carry out activities with radioactive material and transporting it themselves. These entities shall include or reference the required procedures in the relevant operating documents.

Ninth. Offenses and Penalties

This CSN Instruction is binding in accordance with the provisions of Article 2.a) of Law 15/1980, of April 22, on the Creation of the Nuclear Safety Council, so its non-compliance shall be sanctioned in accordance with Chapter XIV (Articles 85 to 93) of Law 25/1964, of April 29, on Nuclear Energy.

Sole Additional Provision

The development of the procedures required by this Instruction shall be carried out within a maximum period of six months from its entry into force.

The notification to the SALEM of the CSN, referred to in point 4) of Article Sixth, regarding the availability of personnel and resources to address incidents in the transport of radioactive material, shall not be necessary if it has already been previously submitted at the request of the CSN. This is without prejudice to the requirement to notify SALEM of any changes to the information.

Sole Repealing Provision

Any regulations of equal or lower rank that contradict this Instruction are hereby repealed.

Sole Final Provision

This Instruction shall enter into force on the day following its publication in the Official State Gazette.