Decree of the National Environmental Protection Agency No. 3 ª¥

Measures on the Management of Radiation Environment was adopted at the executive session of the National Environmental Protection Agency on May 28, 1990 and is hereby promulgated for implementation.ª¥

Administrator Qu Gepingª¥

National Environmental Protection Agencyª¥

June 22, 1990

Article 1  The Measures are enacted in accordance with "Environmental Protection law of the People's Republic of China" and "Regulations on Radiation Protection For Radioisotopes and Radiation-Emitting Facilities", in order to strengthen the supervision and regulation for nuclear facilities, radioisotopes application, and the projects associated with radioactive minera1 resources application (hereinafter referred to as the projects associated with radiation), to protect environment and the public health.ª¥

Article 2  The Measures are applicable to all the construction organizations, operational organizations and persons involved the projects associated with radiation within the territory of the People's Republic of China and the regions under its jurisdiction.ª¥

Article 3  The radiation environment management is implemented at two levels, the State-level and the level of province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the provincial level ).

The National Environmental Protection Agency (NEPA)implements the unified supervision and management of nationwide radiation environmental protection activities.

The environmental protection departments of the People's governments at the provincial 1evel implement the unified supervision and management of radiation environmental protection activities in the respective regions under their jurisdiction, and enhance the establishment of management teams and the organizations for radiation environment management based on the practical situations of their own areas.ª¥

Article 4  The NEPA is responsible for making policies, regulations and standards for radiation environment management and supervising the implementation;The NEPA is responsible for reviewing and approving the environmental impact assessment reports of nuclear installations, and providing guidance to the environmental protection departments at the provincial 1evel on the activities of radiation environment management.

The specific tasks of radiation environment management are implemented by the environmental protection departments at the provincial 1evel, mainly including:
1.  Reviewing and approving the environmental impact assessment report (form) of the project associated with radiation (the nuclear installations excluded);
2.  Supervising, examining and accepting the facilities for the prevention and control of pollution of the projects associated with radiation;reviewing and issuing the permit of pollutant discharge;
3.  Monitoring and supervising the environmental impact during operation of the project associated with radiation;
4.  Conducting the emergency response activities against a nuclear accident;
5.  Collecting fees for discharging radioactive pollutant;
6.  Implementing the integrated management of waste discharged in pollutants cities;
7.  Mediating the civil disputes caused by radioactive contamination;and
8.  Taking responsibility for organizing public information, professional training and qualification examination on radiation environment management together with publicity and education departments.ª¥

Article 5  Any newly constructed, reconstructed, expanded or decommissioned project associated with radiation shall implement review and approval system of environmental impact assessment report(form).ª¥

Article 6  The environmental impact assessment reports of nuclear installations shall be reviewed and approved by the NEPA. A copy of the environmental impact assessment report shall be submitted simultaneously to the environmental protection departments at the provincial 1evel where the nuclear installation is located.ª¥

Article 7  The environmental impact assessment report (form) for radioisotopes application, and the projects associated with radioactive minera1 resources application shall be reviewed and approved by the environmental protection departments at the provincial 1evel. A copy of the report (form) shall be submitted simultaneously to the environmental protection departments at the city or county level where the applicant is located.ª¥

Article 8  Those projects associated with radiation which were already under operation (including those that have changed its mature production or already decommissioned) before the issuance of the Measures, but have not submitted their environmental impact reports (forms) for review and approval, shall submit the report (form) within a specified time limit.ª¥

Article 9  The review and approval of environmental impact assessment report (form) are charged according to the relevant stipulations of the State.ª¥

Article 10   All the environmental protecting facilities of projects associated with radiation shall be designed, constructed, and put into operation simultaneously with the principal part of the engineering project. The radwaste disposal facilities may be constructed at later time, but the funding should be arranged in advance.ª¥

Article 11   The checking and acceptance of the completion of environmental protection facilities for projects associated with radiation shall include professional staff from radiation environment management. When the project is accepted, the certificate of compliance shall be issued by the original environmental protection department that has reviewed and approved the environmental impact assessment report (form).ª¥

Article 12   The environmental protection departments at the provincial 1evel shall conduct supervisory monitoring and regular management of the environmental impacts of all the projects associated with radiation in the regions under their jurisdiction.ª¥

Article 13   All the units under operation having projects associated with radiation shall enhance prevention and control of radioactive gas, liquid and solid contaminants, and reduce their production. The relevant State provisions shall be strictly observed when the radioactive gas or liquid is discharged into the environment.ª¥

Article 14   The low and intermediate-level radwastes produced by nuclear installations shall be sent to the permanent disposal site for final disposal. Such radwastes shall be strictly managed during temporary storage in the installation and it shall be ensured that the radwastes can be retrieved safely.ª¥

Article 15   Solid radwastes and spent radiation sources produced during the application of radioisotopes shall be sent periodically to and stored in the urban radwaste repository designated by the environmental protection departments at the provincial 1evel. The operation of the urban radwaste repositories shall be approved and supervised by the NEPA.ª¥

Article 16   The use of the residues and by-products, arising from the projects associated with radioactive mineral application, shall be in compliance with "The Limitation Standards for Radioactive Substances in the Industrial Residues Used as Building Materials (GB 6763ª²86 )".  Any material in which radioactive substance composition exceeds the limit shall not be approved as building material. The radioactive residues in large quanlity shall be stored in the specially built pond or sent to the tailing ponds of nuclear industrial units for storage. Those of small quantity shall be sent to and stored in the local urban radwaste repository.ª¥

Article 17   Before the articles and materials contaminated by radioactivity are recycled and reused, they shall be strictly decontaminated and reached the requirements of the radiation proof. The provincial environmental protection departments in both provinces of delivery and reception shall approve and reuse of this kind of articles and materials.ª¥

Article 18   The environmental protection departments at the provincial 1evel shall accomplish accident emergency preparedness for the large-scale nuclear installations in the province, and formulate practicable emergency response plan. ª¥

Article 19   In case of an emergency of a radioactive contamination accident, the environmental protection department at the provincial 1evel shall immediately organize environmental monitoring, define the area and seriousness of the contamination, put forward proposal of emergency actions, handle the contamination accident together with relevant departments, and supervise the decontamination process.ª¥

Article 20   The operating unit responsible for the radioactive contamination accident shall take immediate remedial actions, and report to the environmental protection departments at both provincial 1evel and local level according to the relevant regulations of the State Council.In case of a major radioactive contamination accident, the operating unit shall immediately report to NEPA.ª¥

Article 21   Any project associated with radiation shall pay discharge fee for discharging radioactive substances to the environment. The environmental protection department at the provincial 1evel are in charge of collecting the discharging fee. The collection, management and use of discharging fee shall be carried out in accordance with the State relevant regulations.ª¥

Article 22   The environmental protection departments at provincial 1evel should commend and award those units and persons that have made remarkable achievements in radiation environment management.ª¥

Article 23   Any units or persons violating the present Measures shall be punished by the environmental protection departments at the provincial 1evel in accordance with the relevant law.

Article 24   The implications of the following terms used in this Measures are as follows:

l.  "The radiation environment management" refers to the environmental supervision and management of preventing and controlling the environment contamination from the nuclear facilities, radioisotope application, and the projects associated with radioactive minera1 resources application.
2.  "Nuclear facilities" refers to those facilities with fission reactions such as nuclear power plants, nuclear heating plants, production reactors, power reactors, and research reactors; critical facilities; nuclear fusion testing facilities; nuclear fuel cycle facilities from nuclear mineral exploitation to spent fuel reprocessing; nuclear weapon production and test facilities; radwaste treatment and disposal facilities; and high energy accelerators, etc.
3.  "Radioisotope application" refers to the activities of production, research and development, teaching, and medical treatment by using radioactive substances or radioactive sources.
4.  "Associated radioactive mineral resources" refers to a certain kind of mineral ore or sand in which, besides the objective mineral compositions, the natural radioactive substances with radioactivity higher than the prescribed level co-exist simultaneously.ª¥

Article 25   The NEPA is responsible for the interpretation of this Measures.ª¥

Article 26   This Measures shall come into force from the date of promulgation.