ASN Report 2015

1.1.1 Production of radioactive waste in installations

regulated by ASN

ASN does not regulate all the activities associated with

radioactive waste management. Thus, nuclear activities

associated with national defence are regulated by the

ASND (Defence Nuclear Safety Authority). Furthermore,

some radioactive waste management facilities that do

not fulfil the conditions defined in Decree 2007-830

of 11th May 2007 relative to the BNI nomenclature

can have the status of ICPE (Installations Classified

on Environmental Protection grounds) in which case

they are placed under the control of the Prefects, or

can be licensed by ASN under the Public Health Code.

Decree 2014-996 of 2nd September 2014, whichmodified

the nomenclature of classified installations, defines the

attribution of competences with regard to the oversight

of installations which manage radioactive substances.

Thus the licensing of radioactive substances in sealed

form (called sealed sources) is now governed solely by the

Public Health Code and is therefore regulated by ASN.

The licensing of radioactive substances in non-sealed

form and of radioactive waste, however, is governed

by the Environment Code if the volume present in the

facility exceeds 10m

, and by the Public Health Code

if it is less than 10m

Production of radioactive waste in the BNIs

In France, the management of radioactive waste in BNIs

is governed in particular by the Order of 7th February

2012 setting the general rules relative to BNIs, of which

Part VI concerns waste management.

A noteworthy characteristic of the French regulations

is that there are no clearance levels

. In concrete terms,

application of this doctrine leads, in BNIs, to the

establishment of a waste zoning plan which identifies

the zones in which the waste produced is or could be

contaminated or activated. As a protective measure,

the waste produced in these zones is managed as if

it were radioactive and must be directed to specific

routes. Waste from other parts of the installation,

once confirmed as being free of radioactivity, is sent

to authorised routes dedicated to the management of

hazardous, non-hazardous or inert waste, depending

on its properties.

1. Activity thresholds below which it would be possible to consider

that very low-level waste produced in a nuclear facility could be

managed in a conventional disposal route without a requirement

for traceability.

1.1 Radioactive waste management

regulatory framework

Radioactive waste management falls within the general

waste management framework defined in Book V,

Part IV, Chapter I of the Environment Code and its

implementing Decrees. Particular provisions concerning

radioactive waste were introduced first by Act 91-1381

of 30th December 1991 on research into high level,

long-lived waste, and then by Planning Act 2006-739 of

28th June 2006 on sustainablemanagement of radioactive

waste, called the “Waste Act”, which gives a legislative

framework to management of all radioactive materials

and waste (these Acts are extensively codified in Book V,

Part IV, Chapter II of the Environment Code).

This Waste Act has set a new calendar for research

into High and Intermediate-Level, Long-Lived

(HL and IL-LL) waste and a clear legal framework for

ring-fencing the funds needed for decommissioning and

for the management of radioactive waste. It also provides

for the drafting of the PNGMDR, which prescribes a

periodic assessment and the defining of the prospects

for the radioactive substance management policy. It also

consolidates the missions of Andra, the French national

radioactive wastemanagement Agency. Finally, it prohibits

the disposal in France of foreign waste, by providing

for the adoption of rules specifying the conditions for

the return of waste resulting from the reprocessing in

France of spent fuel and waste from abroad.

This framework was amended in 2016 with the

publication of Ordinance 2016-128 of 10th February

2016 which made it possible to:

•

transpose Council Directive 2011/70/Euratom of

19th July 2011 establishing a European community

framework for the responsible and safe management

of spent fuel and radioactive waste;

•

adapt the existing legislation to the provisions

transposing this Directive without calling into question

the prohibition of disposal in France of radioactive

waste from abroad and of radioactive waste resulting

from reprocessing spent fuels and radioactive waste

from abroad provided for in Article L. 542-2 of the

Environment Code, and clarify the conditions of

application of this prohibition;

•

define a procedure for the administrative authority

to re-qualify materials as radioactive waste;

•

reinforce the existing administrative and criminal

penalties and provide for new penalties in the event

of disregard of the provisions applicable to radioactive

waste and spent fuel or in the event of a breach of the

said provisions.

Among these provisions, ASN notes the importance of

defining a procedure for the administrative authority

to re-qualify materials as radioactive waste.

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CHAPTER 16:

RADIOACTIVE WASTE AND CONTAMINATED SITES AND SOILS

ASN report on the state of nuclear safety and radiation protection in France in 2015