Act 304_Atomic Energy Licensing Act 1984

8/19/2019 Act 304_Atomic Energy Licensing Act 1984

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Dr. TENG IYU LIN

LICENSING DIVISION

Atomic Energy Licensing Board

Ministry of Science, Technology and Innovation (MOSTI)

MALAYSIA

Practical challenges in implementing

the BSS requirements(Regulatory Control of NORM):

MALAYSIA

Ensuring Safety, Security & Safeguarding Peaceful Nuclear Activities


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http://www.aelb.gov.my

CONTENT

AELB, ACT & REGULATIONS NORM IN MALAYSIA

ACT 304

LICENSING REGULATIONS, 1986

BASIC SAFETY RADIATION PROTECTION, 2010

RADIOACTIVE WASTE MANAGEMENT, 2011

EXEMPTION ORDER – LOW LEVEL RADIOACTIVE

MATERIAL & SMALL AMANG FACTORY

CODE OF PRACTICE - OIL & GAS

REGULATORY REQUIREMENTS BASED ON GSR PART 3

CHALLENGES

2

http://www.aelb.gov.my/http://www.aelb.gov.my/


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Ministry of Science,

Technology & Innovation

(General Secretary)

Minister of Science,

Technology & Innovation

Director General

AELB Department

Executive

Secretary

Nuclear

Installation

Division

Policy, Code &

Standard

Division

Technical

Support Division

Licensing

Division

Enforcement

Division

Administrative

Services

Division

Standing

Safety

Committee

Sub-

standing

SafetyCommittee

The Board

(5 Members)

AELB, ACT & REGULATIONS

Regulatory Body:

• Atomic EnergyLicensing Board(AELB) was establish

under Section 3 of the Act. 304• Ensuring safety,

security andsafeguarding peacefulNuclear Activities

Atomic EnergyLicensing Act 1984

(Act 304)

• To provide for theregulation andcontrol of atomicenergy;

• For theestablishment ofstandards on liabilityfor nuclear damage;and

• For mattersconnected therewithor related thereto.

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• Regulations: provides more detailed

provisions entrusted by the Act.

Section 68 Act 304

• Provides guides, codes and standards

to comply with and achieve goal

impose in regulations

Hierarchy of Legal System

• Act: provides the basic law

concerning the development and

utilization of atomic energy and

safety regulations.

Orders and Conditions

of License

Guidelines, Codes

and Standards

Atomic Energy Licensing Act (1984 )

(

ACT 304)

Regulations

• Provides additional requirement which

not stated in the regulations or special

matters related to provisions entrusted

by the Act

Orders: Sec 69 Act 304

Licence conditions: Section 17 Act 304

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Scope of the Act 304

To control

any :

radioactive materials,

nuclear materials,

prescribed substances, or

irradiating apparatus

in

medical and non

-

medical

application.

ATOMIC ENERGY LICENSING ACT 1984

(ACT 304)



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ATOMIC ENERGY ACTIVITIES IN MALAYSIA

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a. NON MEDICAL ACTIVITIES

Gamma sterilization

Non Destructive Testing

Gauging Oil Logging

NORM/ TENORM

Research

Archeology

Others…

b. MEDICAL ACTIVITIES



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NORM IN MALAYSIA

NORM vs TENORM:a) Milling of minerals containing naturally occurring radionuclides:

RAW MATERIAL – PROCESS PRODUCT + BY PRODUCT

(NORM) (TENORM)

b) Tin mining/ smelting activities

TIN MINING: TIN CONCENTRATE + TIN TAILING

TIN SMELTING: TIN INGOT + TIN SLAG

c) Oil and gas industries

OIL SCALE AND SLUDGE

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NORM RESIDUES/ WASTES

GYPSUM

IRON OXIDE

TIN TAILIN(AMANG)

TIN SLAG

OIL SLUDGE/SCALE



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RADIATION PROTECTION

REGULATIONS (LICENSING) 1986

Explain the procedure and information needed to obtain,renew and amend the license from the Board.



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CLASS A

ACTIVITY

-Manufacture

-Trade in

-Produce-Process

-Purchase

-Own

-Possess

-Transfer

-Handle

-Sell

-Store

-Import

-Export

RADIOACTIVE

MATERIAL

CLASS B

NUCLEAR

MATERIAL

CLASS C

IRRADIATING

APPARATUS

CLASS D

TRANSPORTATION

CLASS E

IMPORT &

EXPORT

CLASS F

NUCLEAR

INSTALLATION

CLASS G CLASS H

OTHERS DISPOSAL/STORAGE

RADIOACTIVE MATERIAL

BEFORE DISPOSE

ACTIVITY ACTIVITYACTIVITYACTIVITY ACTIVITY ACTIVITY ACTIVITY

-Same as

Class A

-Purchase

-Sell

-Trade in-Transfer

-Import

-Export

-Possess

-Own

-Use

-Store

-Handle

-Transport -Import

-Export

-Same as

Class A

-Dispose

-Store

-Maintenance

-Leak test

REG 3:CLASSIFICATION OF LICENCE



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Introduction

Atomic Energy Licensing (Basic Safety Radiation Protection)

Regulations 2010 [P.U.(A) 46] replaced the

[Radiation Protection (Basic Safety Standards) Regulations, 1988]

Come into operation on 15th February 2010; and

Describe the principles of radiation protection and safety such as,

system of dose limitation (justification, optimization), medicalexposure, operational radiation protection and role of licensee and

radiation worker.

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ATOMIC ENERGY LICENSING (BASIC SAFETY

RADIATION PROTECTION) 2010



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ATOMIC ENERGY LICENSING

(RADIOACTIVE WASTE MANAGEMENT) REGULATIONS,

2011

1. COMMENCEMENT:

REGULATIONS COME INTO OPERATION ON 16 AUGUST 2011

2. APPLICATION:

SHALL APPLY TO ALL ASPECTS OF RADIOACTIVE WASTE AND WASTE

MANAGEMENT ARISING FROM MEDICAL, INDUSTRY, RESEARCH &

ANY OTHER APPLICATION WHICH MAY BE SPECIFIED BY THE BOARD.

3. INTERPRETATION:

CLEARANCE LEVEL – THE VALUES ESTABLISHED BY THE BOARD

AND EXPRESSED IN TERMS OF ACTIVITY CONCENTRATION OR

TOTAL ACTIVITY, AT OR BELOW WHICH THE SOURCE OF RADIATION

MAY BE RELEASED FROM CONTROL (2nd SCHEDULE)

http://www.aelb.gov.my/http://localhost/var/www/apps/conversion/tmp/scratch_4/P.U(A)274%20-%202nd%20schedule.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_4/P.U(A)274%20-%202nd%20schedule.pdfhttp://www.aelb.gov.my/


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eg. SECOND SCHEDULE

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EXEMPTION

1. ATOMIC ENERGY LICENSING (EXEMPTION) (LOW LEVELRADIOACTIVE MATERIAL) 2002 - CALIBRATION SOURCE,

CHECK SOURCE, STANDARD SOURCE, REFERENCE SOURCE

2. ATOMIC ENERGY LICENSING (EXEMPTION) (SMALLAMANG FACTORY) 1994.

Small Amang Factory” means any factory processing amang

which may cause exposure of ionizing radiation to the wholebody of a worker not exceeding 50 milisieverts (mSv) per

annum.

http://www.aelb.gov.my/http://localhost/var/www/apps/conversion/tmp/scratch_4/Exemption%20Order%20-%20low%20level%202002.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_4/Exemption%20Order-%20Amang%201994.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_4/Exemption%20Order-%20Amang%201994.pdfhttp://localhost/var/www/apps/conversion/tmp/scratch_4/Exemption%20Order%20-%20low%20level%202002.pdfhttp://www.aelb.gov.my/


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CODE OF PRACTICE ON RADIATION PROTECTION

RELATING TO TECHNICALLY ENHANCED NATURALLY

OCCURRING RADIOACTIVE MATERIAL (TENORM) IN OIL

AND GAS FACILITIES

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Parameter Control Limit

External dose rate 0.5 uSv/h

Contaminated materials:

External dose rate at 5 cm from

surface

0.5 uSv/h

Waste categorization based on TAC:

Total Activity Concentration (TAC)

3.0 Bq/g (inclusive

b/ground)

Waste disposal:

- Dose to critical group

0.3 mSv/y



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CODE OF PRACTICE

ON RADIATIONPROTECTION

RELATING TO

TECHNICALLY

ENHANCED

NATURALLYOCCURRING

RADIOACTIVE

MATERIAL

(TENORM) IN OIL

AND GAS FACILITIES

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http://www.aelb.gov.my 17

REGULATORY REQUIREMENTS

IAEA: GSR PART 3

1. INTRODUCTION

2. GENERAL REQUIREMENTS FOR PRORECTION AND

SAFETY

3. PLANNED ESPOSURE SITUATIONS

4. EMERGENCY EXPOSURE SITUATIONS

5. EXISTING EXPOSURE SITUATIONS

AELB: Atomic Energy Licensing (Basic Safety Radiation

Protection) Regulations 2010 [P.U.(A) 46]



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1. INTRODUCTION

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Radiation Protection and Safety of Radiation Sources:

International Basic Safety Standards (GSR Part 3) establish

requirements for the protection of people and the

environment from harmful effects of ionizing radiation and

for the safety of radiation sources which apply to the 3categories of exposure:

a. Occupational exposure

b. Public exposure; andc. Medical exposure



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2. GENERAL REQUIREMENTS FOR PROTECTION AND

SAFETY

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Application of all principles of radiation protection for all exposure

situations

Establish and maintain an appropriate and effective legal and

regulatory framework for protection and safety

Training and recognition of competence workers in protection and

safety Graded approach to the implementation of the system of protection

and safety

Protection and safety elements of the management system – Safety

culture/ human factors



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ACT 304 GSR Part 3

Dose limits :

8(1) Workers – 20 mSv/y

9(1) Public – 1 mSv/y

Dose limits :

Workers – 20 mSv/y

Public – 1 mSv/y

Competence workers – RPO/

RPA

Training and recognition of

competence workers in

protection and safetyTraining – Specified in

Radiation Protection Program

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REGULATORY CONTROL



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REGULATORY CONTROL

Act 304 GSR Part 3

Authorization:

Licensing (Class A-milling; Class G –

store/ dispose of radioactive wastes;

Class H- D&D, consultation)

Enforcement: inspection, environmentalmonitoring & sampling etc

Graded approach to the

implementation of the

system of protection and

safety

Registration: SEM, Lightning Arrester

Release from Regulatory Control:RADIOACTIVE WASTE (NORM): U/Th < 1

Bq/g

OIL SLUDGE: TAC < 3.0 Bq/g



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ENVIRONMENTAL MONITORING

Monitoringmethods

Soil

In-Situ TLD

Water

Air

ERMS



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3. PLANNED EXPOSURE SITUATIONS

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SCOPE: The mining and processing of raw materials that involve

exposure due to radioactive material;

Eg: rare earth extraction plants

Exposure due to natural sources (in general considered anexisting exposure situation), the relevant requirements for

planned exposure situations apply to: Exposure due to material

where the activity concentration in the material of any

radionuclide in the uranium or thorium decay chains is greater

than 1 Bq/g or the activity concentration of K-40 is greater than10 Bq/g.

Eg: ex-mining activities (Amang plants)



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3. PLANNED EXPOSURE SITUATIONS

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GRADED APPROACH- Licensing: Processing of minerals containing NORM

- Exemption & Registration: Amang plant

NOTIFICATION AND AUTHORIZATION

- Section 12(1)(b) Act 304- Radiation Protection (Licensing) Regulations 1986

Class A (milling) licence

Licence conditions (import/ export/store/process etc)

EXEMPTION AND CLEARANCE- eg. Small Amang Plant Exemption Order 1994

- Clearance levels Schedule 2 (Waste Regulations, 2011)



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EXPOSURE DUE TO NATURAL SOURCES IS IN GENERAL

CONSIDERED AN EXISTING EXPOSURE SITUATION AND IS

SUBJECT TO THE REQUIREMENTS STATED IN SECTION 5.

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TABLE 1-3 LEVEL FOR CLEARANCE OF MATERIAL:

ACTIVITY CONCENTRATIONS OF RADIONUCLIDES OF

NAUTRAL ORIGIN

Radionuclide Activity Concentration

(Bq/g)

K-40 10

Each radionuclides in theuranium and thorium decay

chains

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3. AUTHORIZATION: REQUIREMENTS

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DOSE LIMITS

- Workers: 20 mSv/yr - Public; 1 mSv/yr

SAFETY ASSESSMENT

- Shall be conducted at different stages including the stages of siting, design,

manufacture, construction, assembly, commissioning, operation, maintenance

and decommissioning.

MONITORING FOR VERIFICATION OF COMPLIANCE

- Review and approve monitoring & measurements program

- Emergency Preparedness and Response

- Maintain inventory records

- Occupational exposure –

compliance with dose limits

- Monitoring of the workplace

- Workers health surveillance

- Training

- Classifications of working areas



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4. EMERGENCY EXPOSURE SITUATIONS

Emergency management system is established and

maintained for the purposes of emergency response to

protect human life, health and the environment in the event

of a nuclear or radiation emergency.

Technical Guide:

- LEM/TEK/66: for the preparation of Emergency Plan and

Drill

- Training & Drill –

once/year (internal)



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National Radiological

Emergency Response Drill

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5. EXISTING EXPOSURE SITUATIONS

Existing exposure situations apply to:

i. Contamination of areas by residual radioactive material –

pastactivities that never subject to regulatory control, eg. Tin mining

ii. Exposure due to natural sources, in which the activity

concentration of no radionuclide in either the uranium or thorium

decay chains exceeds 1 Bq/g or the activity concentration of K-40

does not exceed 10 Bq/g

The regulatory body shall ensure:

Remediation of areas with residual radioactive materials

- Landfilling/ reclamation

Establish and implement an action plan for controlling public

exposure due to radon indoors- ventilation

Establish and enforce requirements for the protection of workers

- environmental monitoring

- PPE provided to the workers



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CHALLENGES

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1. Existing exposure situation: Contamination of areas by residual

radioactive Material (tin mining activities); which radionuclide in eitherthe uranium or thorium decay chains exceeds 1 Bq/g or the activity

concentration of K-40 exceed 10 Bq/g [REMEDIATION]

2. Processing of raw materials that involve exposure due to material

where the activity concentration in the material of any radionuclide in

the uranium or thorium decay chains is greater than 1 Bq/g or theactivity concentration of K-40 is greater than 10 Bq/g.

[AUTHORIZATION]

3. Public acceptance – After the Fukushima accident, the decision making

process in controlling and supervising atomic energy activities,

especially related to mineral processing and disposal of radioactivewaste containing NORM had been reviewed. [PUBLIC

ACCEPTANCE]

4. Competence authority - Increase public confidence: 3S (SAFETY,

SECURITY & SAFEGUARD)



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1. EXISTING EXPOSURE SITUATION

Existing exposure situation: Contamination of areas byresidual radioactive Material (tin mining activities); which

radionuclide in either the uranium or thorium decay chains

exceeds 1 Bq/g or the activity concentration of K-40 exceed

10 Bq/g

Isodose mapping throughout the country (environmental

monitoring and sampling etc)

Remediation of ex-mining areas (landfilling/ reclamation)

Development of ex-mining areas (Future plan)

- Ventilation

- PPE to workers

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MONITORING EQUIPMENTS AND PPE



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2. PROCESSING OF RAW MATERIALS

Processing of raw materials that involve exposure due to

material where the activity concentration in the material of

any radionuclide in the uranium or thorium decay chains is

greater than 1 Bq/g or the activity concentration of K-40 is

greater than 10 Bq/g.

Authorization: Licensing

Licence conditions: Import/ exports/ storage/ processing

Radioactive waste management

-waste minimization (Reduce, Reuse. Recycle)

- disposal facility

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3. PUBLIC ACCEPTANCE

Indirectly, Fukushima accident also had influenced thedecision making process in controlling the atomic energy

activities in Malaysia. This also had given big impact on the

level of thrust to the regulator in controlling and

supervising atomic energy activities, especially related tomineral processing and disposal of radioactive waste

containing NORM.

Thus, AELB have increased its public engagement activitiesand make it a compulsory to all applicants for mineral

containing NORM processing and radioactive waste

disposal activities.

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Public Acceptance Activities Outreach/ Awareness program

-Outreach program

–

to the politicians, other governmental officers, industries, schooland universities students

- Awareness program & Public communication - Address Public Concern, Ensure Safety

& Health Of The Public, Workers And The Environment

Public Engagement

- Media briefing

- Presentation

- FAQ (online)



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NUCLEAR SECURITY & PHYSICAL PROTECTION:

RADIOACTIVE MATERIAL CATEGORY 1-3:

SECURITY PLAN

THREAT ASSESSMENT

NATIONAL RADIOACTIVE AND NUCLEAR DETECTION SYSTEM(PORTAL MONITOR):

To prevent illicit trafficking/illegal movement of radioactive and

nuclear material

ENVIRONMENTAL RADIATION MONITORING SYSTEM (ERMS): A detection of early warning sign of trans-boundary

radioactivity on the environmental in case of any radiation or

nuclear contamination

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4. COMTEPENCE AUTHORITY: TO ENHANCE

PUBLIC CONFIDENCE



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INFRASTRUCTURE FOR

MONITORING OF 3’S’: SAFETY,SECURITY AND SAFEGUARDS

- Incident

- Accident

- Sabotage

- Illicit trafficking

- Misused

Environmental radiationmonitoring system

Illicit trafficking & border control

National Emergency

Response Centre

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NUCLEAR SECURITY & PHYSICAL PROTECTION



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Malaysia have installed ten (10) units of Environmental Radiation

Monitoring System (ERMS) throughout the country that gives a detection of early warning sign of trans-boundary radioactivity on the environmental incase of any radiation or nuclear contamination

Data from all site are transmitted and monitored at AELB control centre.

Environmental Radiation Monitoring System ERMS


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Act 304_Atomic Energy Licensing Act 1984

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