R ADIATION P ROTECTION A CT

As thorium and its daughters are radioactive elements, and as radioactive elements are produced in a nuclear reactor or an ADS, the key regulation authority with respect to radiation protection of workers (occupational exposed group), the public and the environment is the Norwegian Radiation Protection Authority (NRPA). The NRPA is the national competent authority for radiation protection, nuclear safety and security as well as for the corresponding legislation on radiation protection and nuclear energy. The NRPA is a Directorate under the Norwegian Ministry of Health and Care Services and also a competent authority for the Ministry of the Environment and the Ministry of Foreign Affairs. Furthermore, the NRPA assists other Norwegian ministries concerning questions about radiation protection, safety and security. NRPA has therefore been asked to summarize the requirements set by today’s legislation and public management with respect to radiation protection of man and the environment (Appendix D1).

The key Norwegian legislation that applies to radiation protection of man and the environment in Norway includes:

1. Regulation relating to work with ionising radiation (14 June 1985),

2. Act on Radiation Protection and use of Radiation (Radiation Protection Act) (12 May 2000 No.

36),

3. Regulations on Radiation Protection and use of Radiation (Radiation Protection Regulations) (21 November 2003 No. 1362).

Additional legislation which also will be highly relevant is described in Chapter 8.

The Radiation Protection Act and Use of Radiation and the Radiation Protection Regulations include:

1. General requirements (justification and basic principles for use of radiation) 2. Qualifications and training

3. Risk assessment and emergency preparedness

4. Requirements of authorisation (Radiation Protection Regulations Section 5) 5. Occupational exposure to ionising radiation

6. Special provisions on discharges to the environment and on waste treatment of substances which emit ionising radiation

7. Inspection powers of the Norwegian Radiation Protection Authority Some of these key areas are summarized below.

General Requirements: Basic radiation protection principles, i.e. the ALARA (As Low As Reasonably Achievable) principle, which includes justification, optimization principles and regulated dose limits, are described. The principles are in accordance with international recommendations (ICRP).

Import of thorium is subject to the principle of justification (Radiation Protection Act, Section 5).

The NRPA may under certain conditions prohibit such import according to Section 20 Prohibition of import and sale: The Norwegian Radiation Protection Authority may refuse the import or sale of any product or substance and any item that may involve a risk to health or environment due to radiation, provided that this is not in conflict with international agreements to which Norway has acceded.

Requirements of Authorisation

Activities which have the intention to procure, use or handle substances that emit ionising radiation need authorisation from the Norwegian Radiation Protection Authority, for instance activities related to:

• Discharges of radioactive substances

• Facilities for the treatment, storage or disposal of radioactive waste

• Import and export of radioactive waste

However, authorisation requirements for mining and milling thorium are not included in the current radiation protection regulatory system. Such a requirement will be considered in future revisions of the regulations.

Occupational Exposure to Ionising Radiation

The occupational exposures to ionizing radiation under Section 21: Dose Limits

All radiation exposure shall be kept as low as reasonably achievable, and the following dose limits shall not be exceeded:

a) The dose limit for workers over the age of 18 is 20 mSv per calendar year. The Norwegian Radiation Protection Authority may grant dispensation for individuals where the nature of the work makes it impracticable to set an annual limit of 20 mSv. In such cases permission may be given for a limit of 100 mSv over a continuous five-year period, on condition that the effective dose does not exceed 50 mSv in any single year.

The dose limits for occupational exposure are in accordance with international recommendations.

Regulations Regarding the Environment

Activities involving treatment, storage, waste and releases are regulated by the authorization under the Radiation Protection Act, Chapter V. Regulations, Section 23 provides requirements for discharges where the best available technology should be applied to avoid discharges to the environment or to keep the discharges to the lowest possible level. Section 24 regulates the use of countermeasures to counteract any damage or inconvenience resulting from contamination and the management of waste, where best available technology should be applied to generate minimal waste, based on an overall assessment of current and future uses of the environment.

Safety Measures and Emergency Preparedness

The role of the National Radiation Protection Authority with regard to safety measures and emergency preparedness is described in several sections of the Act Concerning Nuclear Energy Activities.

Norway has established an emergency organization (“Kriseutvalget for atomulykker”) in case of a nuclear event in Norway or if Norwegian territories will be affected by such an event abroad.

Norway has also acceded to all the IAEA radiation protection, radiation safety and non-proliferation conventions. Any potential future nuclear power in Norway would, however, require additional legal regulation. Such regulations could be adapted from existing international guidelines and regulations, such as IAEA safety standards for:

• Radiation protection

• Nuclear safety

• Activities that can produce radiation producing substances (e.g., mining)

• Waste handling and storage/depository

In summary, when the whole thorium cycle, including mining and milling of thorium, is taken into account, inadequacies are seen in the current regulatory framework. The potential establishment of Norwegian nuclear energy will require a revision of the Radiation Protection Act and/or the Radiation Protection Regulations to ensure that the legislation fully complements the Act Concerning Nuclear Energy Activities.