Explanatory note

These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directive 89/618/Euratom, 90/641/ Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (the Basic Safety Standards Directive). Most of the transposition measures are being dealt with by amending or replacing existing statutory instruments. These Regulations transpose provisions of the Basic Safety Standards Directive relevant to the environmental permitting regime as it applies to radioactive substances activities, by amending the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (the 2016 Regulations). These Regulations also make amendments not required for transposition but which removes unnecessary regulatory burdens.

Schedule 23 to the 2016 Regulations concerns radioactive substances activities. Where a radioactive substances activity is in scope (Part 2 of Schedule 23) of the environmental permitting regime a permit is required, unless an exemption (Part 6 of Schedule 23) applies. Amendments to Schedule 23 are set out in the Schedule to these Regulations.

These Regulations also amend existing references to and definitions from directives repealed by the Basic Safety Standards Directive.

Regulation 4 amends regulation 14 of the 2016 Regulations, to except certain radioactive substances activities from the requirement that a permit includes a site map or plan. The exception only applies to standard rules permits covering multiple sites.

Paragraph 3 of the Schedule adds geothermal energy production to the list of NORM industrial activities (that is, industrial activities involving naturally occurring radioactive material where the radioactivity is incidental to the activity), bringing such activity within scope of the environmental permitting regime.

Paragraph 5 adds a new provision disallowing dilution: where the concentration of radioactivity in a substance or article is reduced by diluting it to make it out of scope, it will remain in scope.

Paragraph 6 adds a new out of scope provision for historic radium contamination. Radioactive material or waste generated when contaminated land is remediated will be out of scope if the radium concentration is below the specified limit and the contamination occurred before 13 May 2000.

Paragraph 8 substitutes new out of scope concentration values for some radionuclides arising from NORM industrial activities (column 2 of Table 1 in Part 3), and paragraph 9 replaces the table of out of scope concentration values, inserting new values for some radionuclides for the purposes of the definitions of radioactive material and waste (Table 2 in Part 3).

Paragraph 13 inserts new Section 3 in Part 4, imposing miscellaneous duties on the regulator (the Environment Agency, for England, and the Natural Resources Body for Wales). Requirements are imposed in relation to the inspection programme the regulator establishes, and the regulator must record and communicate inspection findings. The regulator must require permit holders to undertake certain tasks, and to seek advice on those tasks from a radioactive waste adviser. The regulator must not allow the dilution of radioactive material for the purpose of it being released from regulatory control. The regulator must require permit holders to monitor and report on authorised radioactive discharges. Where the monitoring relates to a nuclear power station or nuclear reprocessing plant, the regulator must require monitoring in accordance with a direction issued by the appropriate authority (the Secretary of State, in relation to England, or the Welsh Ministers).

Paragraph 16 substitutes a new definition of high-activity sealed source, by reference to Annex III of the Basic Safety Standards Directive which sets out new radioactivity values for radionuclides contained in a sealed source.

Paragraph 20 inserts a new requirement on the regulator to be prepared or have made provision for the control of any orphan source (that is, a radiation source which should be but is not under regulatory control because, for example, it has been lost or stolen).

Paragraphs 23, 25, 26, 27(b), 29 and 31 to 33 make a series of amendments to the definitions of Type 1 and Type 2 NORM waste for the purposes of exemptions for accumulating radioactive waste, disposing of solid radioactive waste and disposing of NORM waste. New radioactivity concentration limits are imposed (new Table 4A). Specific provision is made disallowing dilution for the purposes of reducing the concentration of radioactivity in waste to bring it within the NORM waste exemption.

Paragraph 24 inserts a new provision disallowing the exemption for accumulating waste where the waste is or contains a high-activity sealed source.

Paragraph 27 inserts a new provision allowing the solid radioactive waste exemption to be claimed for broken sealed sources containing tritium (known as gaseous tritium light devices).

Paragraph 30 inserts a new provision to create an exemption for the disposal of gaseous NORM waste released in oil and gas production (known as venting or flaring).

An updated transposition note is submitted with the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.