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In this section, guidance is given on the considerations to be included in the
implementation, operation and management of systems in order to provide a
demonstration that they continue to represent BAT.
7.1 Management Arrangements
Management of radioactive wastes is integral within site and regulatory priorities.
The Environment Agency have issued guidance on their expectations for management
arrangements at nuclear sites
46
. They outline a number of interrelated principles, including:
leadership, organisation, implementation and learning. These set the outcomes to be
achieved for effective leadership and management for environmental safety rather than
describing the systems, processes and procedures to be followed. In their subsequent
Principles of Optimisation guidance document
9
, the Environment Agency offered the
following detailed indication of their expectations.
“
The operator must put in place and implement the management systems in order to
operate the facility in accordance with the conditions of his permit including the use
of BAT. The operator must ensure that the processes, techniques, procedures etc
that constitute BAT are consistently and properly implemented at all times.
We will normally regard any failure by an operator to properly implement the
management system, techniques, procedures etc constituting BAT as a breach of
the relevant permit condition(s). An operator cannot defend any such error, omission
or violation on their part on the basis that these did not affect discharges or the
resulting radiological impact. For example, an increase in releases as a result of an
operator failing to follow operating procedures should be regarded as a failure to use
BAT. It would not be correct to accept an argument that because the releases and
resulting dose had been small (or even zero) that it would not have been worth
spending more on, say, training to ensure proper implementation of BAT.
Operators should also use BAT (and have ready appropriate instructions etc as part
of their management systems) to ensure that wastes arising from accidents or
maloperations are minimised and disposed of to meet the requirement for
optimisation.
”
This guidance makes clear that the application of BAT (or BPM) extends beyond selection
of the process to include all aspects of its use and operation. These principles are similar
to those issued by the Health & Safety Executive in their Safety Assessment Principles
(SAPs)
33
.
7.2 Implementation
The use and implementation of BAT applies at all stages in the lifetime of a facility, from
design, through construction and operation to decommissioning and site restoration, and to
the many different activities which comprise its management, operation and maintenance.
The use of BAT therefore incorporates the many different techniques and measures that
collectively ensure that a facility, as a whole, is operated using BAT.
Failure to implement BAT/BPM is frequently a part of court proceedings against operators
where the Environmental Agencies have chosen to prosecute.
In all cases it is the responsibility of operators to demonstrate that they are using BAT to
achieve an optimised outcome. This includes setting up the necessary management
arrangements and selecting the staff to be involved. It also includes demonstration that
both planned and unplanned occurrences have been taken into account and that the
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application of BAT relates to the control of an activity as a whole rather than applying in
isolation to a single decision.
*
BAT will also change over time. It is therefore necessary to ensure that a review of current
approaches is undertaken on a timely basis (see Section 5.5). Importantly,
♦
optimisation needs to take place throughout the programme;
♦
optimisation will be developed and implemented by the whole project team, not just the
author of the report;
♦
decisions in relation to environmental optimisation need to be made during those
phases of the programme where they will have the biggest impact on environmental
performance.
While it can be advantageous to delay decision-making until later in the programme, in
order to take advantage of developments, this is not a basis for unnecessarily deferring
decisions but ensuring that the right decisions are made at the right time.
7.3 Operation
Systems and equipment should be operated in such a way as to optimise efficiency. A
number of examples may be given which illustrate optimisation of operation.
♦
Where facilities are provided for the removal of activity from pond water by ion
exchange, arrangements should be made to ensure that an optimal Decontamination
Factor is maintained.
♦
Solid waste volume minimisation processes (e.g. sorting and segregation, compaction,
encapsulation, vitrification etc.) need to demonstrate that the maximum activity goes
into the minimum volume.
♦
Disposals of gaseous or liquid wastes should demonstrate optimisation of dispersion
through pipeline length, tidal window, stack height, plume entrainment etc.
Operation of plant must be undertaken by competent persons, in compliance with
appropriate procedures and instructions. Provision is required both for normal operating
conditions and for abnormal occurrences.
The provision of engineered systems to prevent, or reduce the risk of, inappropriate
operation of the plant should be considered. For particularly sensitive systems and
equipment (designated, for instance, due to potential environmental or plant throughput
impacts) provision should be made for unavailability.
7.4 Training and Supervision
Plant and equipment operators need to be fully trained, both in the specific operation and
maintenance of plant and in the more generic issues underpinning the need for, and
application of, BAT.
Training should be documented and include a demonstration of competence. Training or
training packages and operation of plant should be supervised by competent persons,
including suitable RPAs and Qualified Experts where appropriate.
*
In 1983, radioactive discharges from Sellafield resulted in contamination of a nearby beach. In the
following investigation, BNFL argued that the decision to discharge the material, once it had been
established that it could not practically be retrieved from the tank to which it was inadvertently transferred,
was BPM. This argument was rejected. The Court ruled that the failures which resulted in the material
being transferred in the first place, and the lack of means to safely recover it from the tank, were
inconsistent with the application of BPM.
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7.5 Maintenance
It is a general requirement within permits that the Operator shall maintain in good repair all
systems and equipment in compliance with the implementation of BAT. This is enshrined
within the permit conditions requiring the operator to:
♦
maintain in good repair the systems and equipment provided:
♦
to meet the requirements of conditions requiring the application of BAT; and
♦
to carry out any monitoring and measurements necessary to determine compliance
with the conditions of this permit
♦
check, at an appropriate frequency, the effectiveness of systems, equipment and
procedures provided to meet the requirements of conditions requiring the application of
BAT;
♦
have and comply with appropriate criteria for the acceptance into service of systems,
equipment and procedures for carrying out any monitoring and measurements
necessary to determine compliance with the conditions of this permit.
This will require a written maintenance schedule for all equipment needed to maintain BAT
and may include consideration of:
♦
plant modification procedures;
♦
changes to equipment and systems;
♦
change control procedures, including changes within the design process.
Key issues which are likely to arise may include the identification of such equipment,
procedures for ensuring that it is maintained in good repair, prioritisation within
maintenance schedules and the documentation of maintenance histories.
7.6 Monitoring
It is a general requirement within permits that the Operator shall use the best available
techniques when taking samples and conducting measurements, tests, surveys, analyses
and calculations. Furthermore there is a requirement to check, at an appropriate
frequency, the effectiveness of systems, equipment and procedures in compliance with the
implementation of BAT. The requirement to test and calibrate can be considered in three
areas:
♦
testing of systems and equipment to demonstrate that operation remains within
appropriate parameters;
♦
sampling and monitoring of wastes and materials prior to disposal;
♦
review of procedures.
Testing of systems and equipment might include checking water chemistry (for instance in
storage ponds), efficiency of filtration equipment (gaseous or liquid) or automated detection
and alarm monitors, or commissioning tests for new build.
A suitable frequency of such tests should be determined and a schedule maintained
(including outcomes and remedial action where required). Calibration of test procedures
themselves needs to be demonstrated and maintained up to date. Issues such as
compliance with relevant standards, such as MCERTs etc need to be considered.
Monitoring may include the sampling of solid, liquid or gaseous wastes and, more
generally, may relate to appropriate segregation of materials. This is likely to reference
Relevant Good Practice for sampling and standards for analysis, for instance a Nuclear
Industry Code of Practice has been issued for monitoring associated with the clearance
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and exemption of materials
47
. Guidance relevant to sampling and measurement for solid
wastes has also been issued by the Nuclear Industry Working Group on Clearance and
Exemption
48.
A particular issue may occur when no standards or relevant good practice
can be identified, which might well be the case for some of the ‘bespoke’ technologies used
in the nuclear industry.
It is also essential that all written procedures and instructions are subject to periodic review
and update as required. The competency of the reviewer must be determined and all
procedures subject to authorisation for distribution.
7.7 Decommissioning
Guidance from the Environment Agency makes clear that decommissioning of plant (and
subsequent site restoration, if applicable) form part of the considerations to be included
within the selection, implementation and operation of BAT. This should form part of the
initial assessment process, as outlined in Section 5.
7.8 Sharing of Information
7.8.1 Regulatory Engagement
It is recommended, particularly for complex assessments, that plans are discussed from an
early stage with regulators to minimise the risk of failing to gain regulatory support following
the selection of BAT.
For less complex assessments, it should be remembered that all aspects of the study
should be proportionate to the task being addressed. In some cases it will not be
appropriate to seek formal input from the regulators during the process of identifying BAT.
7.8.2 Environment Case
A new condition has been added to the permit. This states that:
“The operator shall maintain an environment case, consisting of documents, which
demonstrates the use of best available techniques to protect people and the
environment throughout the life-cycle of the activities.”
Further guidance provided by the Environment Agency
46
states that:
“Operators should maintain written demonstrations that they operate to meet relevant
environmental standards and requirements, including Government policies, and have
optimised the disposal of radioactive waste to reduce exposures to ALARA. This
demonstration should include
• how wastes will arise, be managed and disposed of during the lifecycle of the
facility;
• the quantification of those arisings;
• their radiological impact; and
• how the production, discharge and disposal of these wastes is being managed to
reduce their radiological impact on people to ALARA and to protect the
environment.
Operators will, through these documents, set out their strategies for the management of
radioactive waste. These strategies should be consistent with Government Policies
and EA guidance.
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The “environment case” is the term we apply to the totality of documented information
and records which substantiates the above high-level demonstrations and sets down
how these are being implemented and delivered on a day-to day basis, including
compliance with permit conditions. We do not require or expect operators to prepare
and maintain separate documentation for this purpose, indeed we encourage operators
to make use of documents prepared for other purposes and to take an integrated
approach to safety and environmental matters. It is a matter for the operator to decide
in what form it keeps this documentation. However, the operator must ensure that the
documentation, however structured, makes the above demonstrations in a transparent,
structured and comprehensible manner.
The environment case is not a once-off series of documents prepared in support of an
application for a permit or variation but a holistic, living framework which supports all
environment-related decisions made by the operator.”
7.8.3 External communications
Procedures introduced to optimise site management practices and to minimise their
associated impacts may affect perceived good practice for other sites or operators. It is
important to share information, particularly where decisions have been taken which are
considered to be disproportionate and therefore should not be cited as benchmarks for
future studies.
Existing networks such as EARWG
49
form potential mechanisms for sharing decision
making processes and concerns.
7.8.4 Reporting Progress and Outcomes
Within the strategy and arrangements established for implementing and managing any
process, reporting structures should be clearly defined. This particularly relates to inter-
acting projects or processes. It is also important that all team members, the project
sponsor and those responsible for action management and follow-up should receive copies
of reports.
Consideration should be given to an appropriate communication strategy, and in particular,
the provision of information to stakeholders. Communicating success should be seen as
an excellent opportunity to engage others in site programmes.
7.8.5 Record Keeping
Record keeping is an important consideration in radioactive waste management and
indeed an essential element of a number of the tools and techniques supporting such
activities. Record keeping in this context is often a legal requirement. For example,
permits specifically require that information that might be required for the safe management
of radioactive waste, now and in the future, should be recorded and preserved.
Record keeping should be proportionate but may include:
♦
documenting the process in sufficient detail to support the completion of the study;
♦
minutes of meetings;
♦
reporting feasibility studies, including those supporting characterisation, transport,
consignment, and exemption (in the case of recycled materials);
♦
providing sufficient information to support the study conclusions, remembering that
proposed initiatives may have legal (including safety case) implications as well as
influencing business case submissions;
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♦
noting security aspects, where necessary.
Reporting and record keeping are vital components in any claim to identify or implement
BAT. However, the process is not simply about producing documentation. Site operators
need to know and understand why options have been chosen. In this context:
♦
the process should be evidence based;
♦
the conclusion should be rational, equitable and defensible; and
♦
the assessment must be communicated to all those affected by the outcome.
Where an application for a permit (or a variation to an existing permit) is being submitted,
supporting information
*
is required to demonstrate optimisation.
7.9 Quality Assurance
It is good practice to establish clear, appropriate and proportionate QA arrangements, and
consideration should be given to the following:
♦
quality objectives;
♦
terms of reference;
♦
the requirement for quality plans;
♦
arrangements for checking and approval documentation;
♦
data validation and verification;
♦
document control procedures;
♦
arrangements for internal audit.
The majority of sites already operate recognised quality management systems and the
principles and arrangements established in such systems can be applied to optimisation
and BAT.
7.10 Review
It should be borne in mind that what constitutes Best Practice, BAT and optimisation will
change with time, both as a result of technological developments and in light of policy,
regulatory and societal changes. A programme of reviewing BAT may therefore be
required, depending upon the timescale over which a process or operation will remain in
place. This will be determined by a number of factors, including:
♦
function of the programme or process;
♦
availability of new guidance, relevant good practice or techniques;
♦
the current stage of a project;
♦
timescale for which the programme or process applies.
For any programme or process which applies for several years, reviews should be
undertaken at appropriate intervals to identify developments in guidance or techniques.
The requirement to undertake a review of BAT should be identified as part of the
conclusions to any study.
The availability of new techniques does not mean that they will automatically represent
BAT. In particular, modification of existing processes, or retro-fitting of new processes
within existing systems will require further detailed consideration. A technique or approach
which represents BAT for a new application will not always represent the optimal approach
when applied retrospectively.
*
In England and Wales this is identified as an ‘environment report’ in the nuclear sector and a ‘BAT
assessment’ in the non-nuclear sector.
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Once BAT has been identified, it will form the basis for recommendations to the relevant
decision takers. If the outcome of a BAT assessment is highly significant (for instance, in
terms of novel or potentially contentious outcomes, or where previously unbudgeted capital
expenditure is required), it may be appropriate that the study is subject to an agreed level
of independent review prior to the decision taking process. This may be undertaken using
internal resources or may require external audit.
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8 Checklist
It has been emphasised throughout this Code of Practice that studies to identify and
implement BAT should be based on evidence and should have clear objectives which
demonstrate optimisation from a range of options. It should be ensured that each stage of
the study is clear, proportionate and appropriate.
The following checklist is intended to assist in determining that a study is appropriate,
sufficiently defined, proportionate to the issue under consideration, presents clear
outcomes and records any forward action programmes which may be required. Not all
steps will apply to all studies, but all studies should be justified.
Table 2
Checklist for undertaking a BAT study
Yes
Not
Required
Preparation
Understanding Issue
Defined Scope
Identified study Constraints and Assumptions
Identified context and scope of study and role of stakeholders
Identified method for recording the process and outcomes
Information Gathering
Options Identified
Sufficient evidence base to assess viability of options
Non-viable options excluded (with justification)
Documented selection of options for further consideration
Type of study
Quantitative (numerical) based study
Qualitative (logical argument) based study
Scale of study is proportional to scope and context
Documented process to be followed (with justification)
Benchmarking
Identified national / international Relevant Good Practice
Defined all relevant standards and permit conditions
Considered Guiding Principles
Sustainable Development
Waste Management Hierarchy
Proximity Principle
Precautionary principle
Comparison to EARWG database
Cross-reference to REPs
Documented relevant benchmarks
Stakeholder Engagement
Regulators
Internal Stakeholders
External Stakeholders
Invitations to participate documented and issued in good time
Documents you may be interested
Documents you may be interested
