Nuclear

Waste
Manageme
nt

Shivam Grover

Contents
Introduction...............................................................................................1
Management of Radioactive Waste..........................................................2
International Procedures and Practices.....................................................3
Present Indian Scenario............................................................................6
Conclusion................................................................................................9

Conventions
List of Amendments to the Convention of the Prevention of Maritime Pollution by Dumping of
Wastes and Other Matter, 1972....................................................................................................3
The Principles also lay down the Radioactive Waste Safety Standards (RADWASS) Program.....4
The Principles of Radioactive Waste Management, 1995...............................................................3

Books
International Nuclear Waste Disposal Concepts, compiled by the World Nuclear Association
(updated April 2012)....................................................................................................................5
Radioactive Waste Management compiled by the World Nuclear Associated (Updated November
2013)............................................................................................................................................2
Radioactive waste: The problem and its management, K. R. Rao, CURRENT SCIENCE 15341546 Vol. 81, No. 12....................................................................................................................6

Articles
A Nuclear dream is set to come true, M.R. Srinivasan....................................................................9
DNA Evidence Sentences Nuclear Waste To Billion-Year Prison Term, James Conca....................9
Towards a Safer World, Dr. Mohamed ElBaradei............................................................................5

U.N. Documents
Radioactive Waste Safety, Annual Report for 1997.........................................................................6

Cases
G. Sundarrajan vs. Union of India (UOI) and Ors., 2013 (7) SCALE 102: (2013) 6 SCC 620.....8
M. Vetri Selvan vs. Union of India represented by the Secretary to Government of India
Department of Atomic Energy and Ors., MANU/TN/2539/2013................................................8
Peoples Union of Civil Liberties and Anr. vs. Union of India and Ors., 2004 (7) SCALE 718 :
(2004) 2 SCC 476........................................................................................................................9

Other Authorities
As stated by the Prime Minister in response to Ques. No. 274 by Mr. P.K. Biju............................7

Statutes
Atomic Energy (Safe Disposal of Radioactive Waste) Rules, 1987................................................7
The Indian Atomic Energy Act, 1962..............................................................................................7

Introduction
Radioactive waste is waste with radioactive properties. Radioactive waste is classified into 4
categories based on the level of hazard to the environment it possesses. The classifications of
radioactive waste are:
(i) Exempt or very low level waste (VLLW)
The level of radioactivity in this kind of waste is not at all harmful to the environment or the
surrounding people. Therefore, it can be disposed off without much consideration. It includes
bricks, concrete, metal, pipes, etc. It is generally generated from the demolition or rehabilitation
of nuclear or industrial sites. In industrial sites, the natural radioactivity renders it as a very low
level radioactive waste.
(ii) Low level waste
This includes waste which is fit for shallow burial. Generated from the nuclear fuel cycle as well
as industrial waste, it is fit to be handled without any safety considerations.
(iii) Intermediate level waste
It contains a relatively higher amount of radioactivity and hence, may require some shielding
when being disposed off. It should preferably be processed and solidified in concrete or bitumen
before disposal.
(iv) High level waste
It accounts for nearly 95% of the radioactivity while only being 1% in terms of volume. The high
level waste needs to monitored and handled without laid-out procedures. Its high level of
radioactivity and temperature demands specific procedures for cooling and shielding.
Radioactive waste, unlike any other form of waste, loses its harmful ingredients over a period of
time. The duration of time required for the waste to lose its radioactivity depends on the level of
radioactivity already present in the waste. Accordingly, low and intermediate level waste will
require a much less time to become safe for normal handling than high level waste.

The specific thing about radioactive waste, especially high level waste, is that the cost of
disposal is always covered under the project set up. This is owed to the danger that it poses to the
environment and people alike.

Management of Radioactive Waste

The management of radioactive waste is a perilous task in which attention to minute details is
necessary. While the disposal and management of exempt or low level waste is not a particularly
difficult task, the waste with radioactivity at the intermediate and high level must be given due
attention. Exempt and low level waste can be disposed off in the normal procedure for disposal
of industrial and other waste material. But waste with intermediate level of radioactivity must be
contained and shielded for a period of time before disposal. This containment can be done, for
example, by storage under a pond of water till a time the radioactivity is eliminated. For high
level waste elaborate programs and schemes have developed. Usually, high level waste is either
reprocessed or directly disposed. For direct disposal, the method taken is burial under geological
repositories. The burial is considered to be safe burial if it is about 7-12 meters below the
surface. High level waste is usually generated from used fuel in nuclear reactors. This high level
waste can either be a result of reprocessing of the used fuel for further usage or it may be used
fuel itself. In either way, it requires minimum efforts but high safety standards for disposal and
management. We will look at both the methods of management of high level waste in a brief:
(i) Reprocessing of high level waste:
High level waste from used fuel is reprocessed on the basis of the fact that 96% of the original
uranium is retained by the used fuel and around half of the original energy is still present in that
used fuel.1 Without going into the details of the procedure, we can understand that the uranium
and plutonium is segregated from the waste material. The plutonium is then processed further to
be used as fuel, while the uranium particles segregated can be directly used as fuel.
(ii) Direct Disposal of Waste
1 Radioactive Waste Management compiled by the World Nuclear Associated (Updated November 2013) available
at: http://www.world-nuclear.org/info/Nuclear-Fuel-Cycle/Nuclear-Wastes/Radioactive-Waste-Management/

The direct disposal of waste is done through storage at repositories or at burial sites. Generally, a
safe procedure is initiated in which the hazards to the surrounding environment are mitigated. A
step-wise procedure is undertaken which includes (a) Immobilization of waste through
solidification or forming an insoluble matrix (b) Sealing inside a corrosion resistant container (c)
Locating the container underground of a stable rock formation (d) Taking appropriate measures if
repository is wet.2

International Procedures and Practices

The United Nations Conference on Environment and Development, 1992 had affirmed in its
agenda the need for safe and environmentally suitable methods of management of radioactive
waste. In recognition of the need mentioned in the 1992 Conference, the International Maritime
Organization, an agency of the United Nations, amended the Convention on the Prevention of
Maritime Pollution by Dumping of Wastes and Other Matter, 1972 (London Convention, 1972).
The amendment of 19933, which came into force in February 1994, prohibited the disposal at sea
of radioactive waste and other radioactive matters. This amendment to the London Convention of
1972 was followed by the positive action of the International Atomic Energy Agency (IAEA)
when it published the Principles of Radioactive Waste Management in 1995. The objective of the
Principles of 1995 is stated as, The objective of radioactive waste management is to deal with
radioactive waste in a manner that protects human health and the environment now and in the
future without imposing undue burdens on future generations.4

2 Id.

3 List of Amendments to the Convention of the Prevention of Maritime Pollution by Dumping of Wastes and Other
Matter,
1972
available
at:http://www.imo.org/KnowledgeCentre/ReferencesAndArchives/SourcesAndCitationsOfIMOConventions/Docum
ents/MARINE%20POLLUTION%20-%20CONVENTIONS.htm#07

4 The Principles of Radioactive Waste Management, 1995 as issued by the International Atomic Energy Agency
available at: http://www-pub.iaea.org/MTCD/publications/PDF/rwmp-3/INTRODUCTION.pdf

The Principles of 1995, while classifying the types of radioactive waste, went on lay down the
fundamentals in regard to management of radioactive waste. These fundamentals were
incorporated with a view to ensure the safety of the environment as well as the people while
handling radioactive waste. The Principles also lay down the Radioactive Waste Safety Standards
(RADWASS) Program which entails detailed steps mandatory to be followed at each Radioactive
Waste Management facility. These steps include the (a) characterization of radioactive waste
according to the categories specified in the Principles (b) account for transportation of
radioactive waste (c) storage (d) pretreatment (e) treatment of waste (f) conditioning and finally,
(g) the disposal of radioactive waste. The Principles also established the Radioactive Waste
Database with its purpose being to provide a mechanism for the collection, archival and
dissemination of information about radioactive waste management in Member States.5 The
Database includes the information of the Member States related to the activities, policies and
inventories of Radioactive Waste Management. This information is provided by the Member
States themselves, and stored or maintained by the IAEA.
Keeping in view the provisions of the Principles of 1995, the Joint Convention on the Safety of
Spent Fuel Management and on the Safety of Radioactive Waste Management6 was formulated in
1997 (JC 1997). The objectives of the JC, 1997 are to (i) ensure safety while handling spent fuel
and radioactive waste, (ii) ensure the availability of appropriate defense at all stages of waste
management, and (iii) to follow appropriate steps to prevent potential accidents with radiological
consequences.7 Chapter 2 of the Joint Convention, 1997 deals with management of spent fuel
while Chapter 3 is dedicated to radioactive waste management. Article 3 of JC, 1997 includes
only that spent fuel which remains from civil nuclear reactors and excludes the fuel marked for
reprocessing from the ambit of the definition of spent fuel, though a provision allowing
Contracting Parties to specifically include the fuel for reprocessing is made. A similar provision
5 Id.

6 Complete text available at: http://www.iaea.org/Publications/Documents/Infcircs/1997/infcirc546.pdf

7 Article 1: Objectives, JC 1997.

is made for military activities of the Contracting Parties. Further, naturally occurring radioactive
material is again excluded from the ambit of the Convention. The Convention lays down
elaborate provisions as to General Safety Requirements,8 preferred sites for facilities,9 their
design and construction,10 safety regulations to be present at the facility and its assessment 11 and
also for their operations.12 The final Article of Chapter 2 is dedicated to the disposal of spent fuel.
Similar provisions have been framed for the safe management of radioactive waste (Article 11
17).
The JC, 1997 provides the regulatory framework for the formation of legislations in the
contracting countries. The IAEA has given broad guidelines as to the safety measures to be
undertaken while managing waste which is hazardous to the environment and people and is
difficult to manage without specific knowledge on the subject.
Seeing the inadequacy of radioactive disposal sites due to inappropriate geological conditions in
some countries, the IAEA sponsored International Nuclear Fuel Cycle Evaluation (INFCE)
propagated the idea of common waste disposal repositories in 198013. In 2003, Dr. Mohammed
El Baradei, then Director General of the IAEA, stressed the advantages of an international
8 Article 4

9 Article 6

10 Article 7

11 Article 8

12 Article 9

13 International Nuclear Waste Disposal Concepts, compiled by the World Nuclear Association (updated April
2012) available at: http://www.world-nuclear.org/info/Nuclear-Fuel-Cycle/Nuclear-Wastes/International-NuclearWaste-Disposal-Concepts/

repository by stating that it would provide considerable advantages - in cost, safety, security
and non-proliferation - would be gained from international co-operation in these stages of the
nuclear fuel cycle.14 Earlier in 2002, the Association for Regional and International
Underground Storage (ARIUS) was formed on the basis of the Pangea Proposal of 1999. The
ARIUS began functioning in 2003 and has since then focused its work on the European Union as
well as in the Middle East. ARIUS has taken an approach of first promoting regional cooperation for the disposal of radioactive waste and then shift to the defining of international
repositories.
Many ad hoc working groups of the IAEA are trying to form a consensus of the experts from
Member States on the issue of handling of highly volatile waste. The issue is one which is an
amalgamation of many different global concerns, involving environmental degradation, health
hazards, accidental leakages and moreover, national security and sovereignty. Based on the
discussed RADWASS Program, documents were published on issues relevant to establishing the
long term safety of underground waste repositories (IAEA-TECDOC-975), on criteria for
guiding the restoration of areas affected by residual wastes (IAEA-TECDOC-987), and on the
clearance

of

material

from

regulatory

(IAEA-TECDOC-1000). 15

control

Present Indian Scenario

Through many years of intrinsic research and experience, India has achieved self-reliance in the
management and disposal of all forms of radioactive waste. In general, India follows a system of
reprocessing the radioactive waste into fuel for further use, while it has ongoing research on
geological repository sites for the direct disposal of radioactive waste. India has radioactive
waste management facilities at Trombay, Tarapore, Rawatbhata, Kalpakkam, Narora, Kakrapara,
14 Towards a Safer World, Dr. Mohamed ElBaradei published
http://www.iaea.org/newscenter/statements/2003/ebte20031016.html

15 Radioactive Waste Safety, Annual Report for

http://www.iaea.org/Publications/Reports/Anrep97/rwsafety.pdf

1997

on

published

25.10.2003

by

IAEA

available

at:

available

at:

Hyderabad and Jaduguda16, with the waste immobilization plant inaugurated at Kalpakkam by
the President in November 2013.
In India, mostly low-level and intermediate level radioactive waste is generated from nuclear
power generation activities and fuel reprocessing facilities. Low level liquid waste is chemically
treated and then, retained as sludge. This liquid waste can either be disposed off through solar
evaporation, reverse osmosis or immobilization using cement matrix, depending on the form of
waste. The solid waste is compacted, bailed or incinerated. The solid waste is buried in
underground near-surface disposal facilities.17 Gaseous waste is treated directly at the very source
of its generation through absorption on activated charcoal and filtration by high efficiency
particulate air filters.18
In terms of legislation, all facilities for generation of atomic energy are being covered under the
Atomic Energy Act, 196219 (the Act). The Act requires a license to be obtained in order to handle
any radioactive substance, whether for extraction, processing, or for disposal. Under Section 6,
the Act creates an obligation on any person, natural or legal, to seek the certification from the
Central Government before disposing uranium. It further states that the disposal of uranium must
be in accordance with the conditions set by the Central Government.

16 Radioactive waste: The problem and its management, K. R. Rao, CURRENT SCIENCE 1534-1546 Vol. 81, No.
12, published on 12.12.2001 available at: http://www.iisc.ernet.in/~currsci/dec252001/1534.pdf

17 Id.

18 As stated by the Prime Minister in response to Ques. No. 274 by Mr. P.K. Biju answered on 14.03.2012 available
at: http://dae.nic.in/writereaddata/lsus274.pdf

19 The Indian Atomic Energy Act, 1962, available at:http://www.nti.org/media/pdfs/33_india.pdf?_=1316627913

Even before an international convention was in place, the Central Government had come up with
its Safe Disposal of Radioactive Waste Rules (the Rules) 20 in 1987. The Rules are formed under
the authority of the Atomic Energy Act, 1962 as an expansion of Section 6 of the Act. The Rules
creates an obligation on a person intending to dispose radioactive waste by submitting an
application which gives the details of the waste, the facility as well as the potential damage that
can be caused by any accident at the site of disposal. 21 It entails the duties of a person authorized
to dispose radioactive waste22 and creates an obligation to maintain the records for such waste
disposal.23 Amongst other things, the Rules mandate the appointment of a Radiological Safety
Officer24 and provides for steps to be taken in case of an accident at the waste disposal site. 25 The
expansion of nuclear activities within the country warrantees the publican of the Atomic Energy
(Radiation Protection) Rules (Radiation Protection Rules), 2004 26. The Radiation Protection
Rules are enacted to supersede the Radiation Protection Rules of 1971 which were deemed to be
outdated as regards the current trends and the advancement in technology. The Radiation
Protection Rules provide for the license needed to be obtained for any Radiation Installation, or
in simpler terms, for any facility which handles, monitors, stores, or deals with radioactive
20 Atomic Energy (Safe Disposal of Radioactive Waste) Rules, 1987 available at: http://dae.nic.in/writereaddata/AE
%28SDRW%29Rules%201987.pdf

21 Id. Section 4

22 Id. Section 6.

23 Id. Section 7.

24 Id. Section 12-13.

25 Id. Section 14.

26 Available at: http://dae.nic.in/writereaddata/RPR2004.pdf

material in any other way. The Rules of 1987 are subject to the rules made in regard to all
Radiation Installations under the Radiation Protection Rules, 2004.27
It is fortunate to see judicial activism in the country based on the legislative principles on nuclear
waste management and nuclear power generation. In the case of G. Sundarrajan
vs. Union of India (UOI) and Ors., 28 the sanctioning of the nuclear plant at Kudankulam was in
question. The Petitioner had challenged the setting up of the power plant on the ground of noncompliance with the directions of the Atomic Energy Regulatory Board (AERB). The Honble
Supreme Court was pleased with the activism of the Petitioner but did not decommission the
setting up of the plant. But instead, ordered the plant to follow all the directions AERB on the
matters of design, setting up of the facility, waste disposal, etc.
In another case of, M. Vetri Selvan vs. Union of India represented by the Secretary to
Government of India Department of Atomic Energy and Ors., 29 the Madras High Court
pronounced a judgement in favour of the Government and declared the apprehension of the
Petitioner to be without basis. The Petitioner had expressed concerns regarding the running of
the Madras Atomic Power Station at Kalpakkam. The judgement was a welcome indication that
the undertakings of the Government for the generation of power through use of nuclear fuel is
being given its due attention and all safety notifications with regard to the running of the facility
as well the disposal of radioactive waste are being followed.
In the case of Peoples Union of Civil Liberties and Anr. vs. Union of India and Ors.,30 the
Honble Supreme Court had denied the blueprint of the plans for a nuclear power plant on
27 Section 8 of the Rules, 1987.

28 G. Sundarrajan vs. Union of India (UOI) and Ors., 2013 (7) SCALE 102: (2013) 6 SCC 620.

29 M. Vetri Selvan vs. Union of India represented by the Secretary to Government of India Department of Atomic
Energy and Ors., MANU/TN/2539/2013.

30 Peoples Union of Civil Liberties and Anr. vs. Union of India and Ors., 2004 (7) SCALE 718 : (2004) 2 SCC
476.

considerations of national security and public safety. The sovereign interests of the State had
been considered to supersede the right to information of the public at large.

Conclusion
With the nuclear program in India entering its second stage, the country is positioned to pioneer
the advancement of nuclear program across the globe. The development of the Prototype Fast
Breeder Reactor (PFBR) is in its final stages, and if the country succeeds in the proper
functioning of the project, it will move a step ahead of others in the race to utilize nuclear energy.
Many, almost all, of the developed countries have tried to create their own fast breeder reactor
technology but have ultimately given up, and all eyes will be on India come September, 2014
when the PERB is set to go critical.31
With the advancement in nuclear technology coming in leaps and bounds, it is imperative that the
facilities for disposal of nuclear waste be created simultaneously so that the advancement in
technology is supplemented sufficiently, and no unintended obstacles are presented by way of
improper disposal of nuclear waste. On the bright side, discovery of capability of certain
geological formations to contain all radiological waste for thousands of years 32 should come as a
welcome for the country sign at a time when it is set to progress in terms of nuclear energy
production.
The need of the hour is continue research on safe and proper disposal of nuclear waste within the
country. The self-reliance in terms of disposal of nuclear waste is an importance aspect of the
indigenous three-stage nuclear program envisioned by the father of the nuclear program in India,
Homi Jehangir Bhabha, as early as 1958. The self-reliance in handling of nuclear waste must be
31 A Nuclear dream is set to come true, M.R. Srinivasan, published on 29-12-2013available at:
http://www.deccanchronicle.com/131229/commentary-sunday-chronicle/article/nuclear-dream-set-come-true-mrsrinivasan

32 DNA Evidence Sentences Nuclear Waste To Billion-Year Prison Term, James Conca published on 1-1-2014
available at: http://www.forbes.com/sites/jamesconca/2014/01/01/dna-evidence-sentences-nuclear-waste-to-billionyear-prison-term/

supplemented by the formation of international repositories as envisioned under the objectives of

the Association for Regional and International Underground Storage (ARIUS). India must do its
share in the initiation of this common international repository to mitigate against safety as well
proliferation concerns.