Use of Radiation Sources

RADIATION SAFETY REGULATIONS

Tajikistan has expressed its support to the Code of Conduct on the Safety and Security of Radioactive Sources and the Supplementary Guidance on the Import and Export of Radioactive Sources. A number of radiation safety regulations have also been developed and implemented. For example, Tajikistan has:

 Ensured source categorization through the Norms and Rules NP 01.002-11 “Category of danger of sources of ionizing radiation and rules on their identification”, registered at the Ministry of Justice, Number 602 on 9 February 2011, which was developed in line with IAEA Safety Standard No. RS-G-1.9 [13].

 Ensured a Graded approach to security of sources through Norms and Rules NP 01.001-11

“Requirements on ensuring physical protection of radiation sources, storages and radioactive substances”, registered at the Ministry of Justice, Number 601 on 9 February 2011 [6].

 Made compulsory the radiation monitoring of recycled metal facilities using the Norms and Rules NP 03.004-11 “Requirements on ensuring the radiation safety during preparation and realization of scrap metal” approved in 2011" for which practical measures are being implemented.

NRSA has also responded to IAEA recommendations and implemented sufficient infrastructure for the safety and security of radioactive sources and aims to continuously improve the situation. Tajikistan will take into consideration also “Guidance on Managing Disused Radioactive Sources” belonging to the Code of Conduct.

NRSA together with the Committee of Emergency Situations and Civil Defense, based on the IAEA document GS-R-2 [14], elaborated the "National Response Plan" (NRP). The objective of the NRP is to ensure a prompt and integrated response of the executive bodies, forces and functional means and territorial subsystems of the single state system for prevention and liquidation of emergency situations of the Republic of Tajikistan in case of threat and occurrence of a radiological accident. Procedures,

including emergency plans, which address the actions to be taken in respect of sources that have been found or lost from authorized control, are covered by the NRP. It is planned to review this plan according to GSR Part 7 [15].

Export import and security of radioactive sources are regulated according to the Law on licensing of separate types of activities [9]. In addition to this Law there is a Regulation "On the specification of licensing separate types of activities", approved by Governmental Decree # 337 from 2005, which requires specific documents to be provided when applying for a license to export or import radioactive sources.

Furthermore, Article 18 of the Law on Use of Atomic Energy [2] requires control of the export and import of goods in the field of atomic energy use by the competent authority, according to the national legislation and international agreements. The scope of regulatory control established collectively by the Law on Use of Atomic Energy encompasses all management of radioactive materials from initial production or import to final disposal or export (i.e. a cradle-to-grave approach).

Article 15 of the Law on Use of Atomic Energy required a state system of account and control of nuclear materials and radioactive sources to be established and, under that system, to create a State registry for nuclear materials and radioactive sources[16].

The process for assessing transport safety and security arrangements for sources while in transit from the State to another destination are ensured through two requirements: 1) Safety rules during transportation of radioactive materials (No. 599) - registered in the Ministry of Justice from 26 January 2011 [5] and 2) Norms and Rules NP 01.001-11 “Requirements on ensuring physical protection of radiation sources, storages and radioactive substances”, registered at the Ministry of Justice, Number 601 on 9 February 2011 as amended of 2012 (namely by clauses from 18 till 27 [6]) as well as through a Draft Law on Export Control. Procedures for safe and secure storage for radioactive sources routinely stored on vehicles or at field sites or that are held pending import or export are covered by legislative documents mentioned in Norms and Rules NP 01.001-11 [6].

Article 4 of the Law on "Radioactive Waste Management" [7] ensures the safety and security of radioactive sources when a licensee ceases operation. It is ensured by means of establishing a special guarantee fund were regulated licensees transfer funds during operations. These funds are then used later in ensuring the safety and security of radioactive sources.

INSPECTION

An inspection program for radiation safety and the security of radioactive sources has been in place since 2005. Inspections are carried out NRSA's inspectors in line with requirements set out in the Law "About radiation safety" [1] and the Law "On inspection of business activity" [8].

Provisions from the Governmental Decree 482 dated 3 December 2004 on state control in the field of radiation safety in relation to inspections are as follows:

 Clause 8. NRSA’s staff who carry out control of organizations that are using in their activity’s sources of ionizing radiation and generators are called inspectors. A juridical competent person with a high education of relevant field and practical work experience not less than three years can be assigned as an inspector. An inspector should be professionally trained in the field they are planning to carry out inspections and strictly fulfill the requirements of the legislation.

 Clause 9. Inspectors are assigned by the Director of NRSA.

 Clause 10. Director of NRSA and inspectors within their inspection activities, along with other rights, can:

• inspect for compliance with requirements, limits, and conditions of radiation safety and emergency preparedness

• require implementation of radiation safety requirements and emergency preparedness during operation of equipment with SIR

• carry out measurements and take samples from licensees' site which are necessary for inspection of radiation safety requirements implementation

• carry out SIR physical control, including their account's control

• examine special professional knowledge of responsible persons who are working with SIR

• enter any organization without hindrance and obstructions despite their property form where any kind of activity with the use of SIR is implemented or kind of activity which leads to exposure; and

• receive from them within their competence necessary information in the field of ensuring radiation safety.

Based on above-mentioned two laws and Governmental Decree 482, NRSA's internal document "Rules on carrying out inspections of business activity which are using SIR" was elaborated. The document includes checklists for different kinds of activities using SIR, which were elaborated based on the IAEA's checklists.

Annual inspection plans are compiled and approved by the Director of the NRSA and inspection procedures are in place. Annual inspections plans are available for users in advance. Licensees are notified in advance about forthcoming inspections although NRSA's inspectors also have a right to carry out unannounced inspections. Inspection reports are generated after each inspection. Specific findings are communicated to licensees and required corrections need to be applied.

There are twelve NRSA inspectors in Dushanbe and five in NRSA regional offices, which is sufficient to cover the country’s needs. Inspectors have been trained through various IAEA activities, fellowships and post-graduate education courses.

ENFORCEMENT

Governmental Decree 482 makes provision for enforcement of regulatory actions. Some detailed provisions from this Decree are provided below:

 Clause 10. Director of NRSA and inspectors within their inspection activities, along with other rights, can:

• suspend user's license with the use of SIR in case of incompliance with radiation safety standards and norms

• prohibit SIR use until necessary measures have been carried out and written authorization from the Regulatory authority obtained

• oblige licensees to carry out technical examinations, supervisions, and tests on equipment operation, their accessories, systems or complexes, where it is necessary for proving radiation safety

• submits instructions on deprivation of a responsible person's authority who violated his

obligations or who is not suitable for activity due to its health condition and professional skills to fulfill his obligations

• compile reports on violations of radiation safety requirements' norms and rules.

 Clause 11. Besides items mentioned in Clause 10, the Director of NRSA additionally has the following authority:

• in case of violation of legal acts in the field of ensuring radiation safety, to set a penalty and/or suspend the operation of the site in order to take prompt actions to restore an adequate level of safety in situations deemed to pose an imminent radiological hazard to the life and health of the public as well as the environment.

 Clause 13. For legal acts' violation in the field of radiation safety, NRSA's Director handles all materials to law-enforcement agencies for attraction to administrative, material and criminal responsibility.

 Clause 14. Penalties go to income of the State budget of the Republic of Tajikistan

The basic document for penalties and suspension is the Code of the Republic of Tajikistan about administrative violations.

Enforcement is implemented through NRSA and the enforcement regime is well developed. The NRSA inspectors follow up on correction requests issued during inspections. Corrections must be implemented in a timely manner otherwise legal prosecution measures are applied. The NRSA has established formal arrangements with relevant government agencies where enforcement requires the involvement of the police, justice ministry or other authorities.