Open consultation

Consultation summary: guidance on the requirements for authorisation and staged regulation for the disposal of solid radioactive waste

Published 12 November 2024

Introduction

The Environment Agency, Natural Resources Wales (NRW), Scottish Environment Protection Agency (SEPA) and Northern Ireland Environment Agency (NIEA) are the independent environmental regulators of radioactive waste disposal in the UK. We make sure that radioactive waste disposal facilities meet high standards of environmental protection.

Any company that wants to operate a solid radioactive waste disposal facility must show that it can do the following safely and securely, while also protecting the environment:

• design, build and operate the facility
• manage and monitor any emissions
• close the facility and show that it will be safe for a very long time

This summary document explains how the Environment Agency, NRW and NIEA are consulting for 15 weeks on our proposals to update current guidance on how we regulate near surface and geological disposal facilities.

The draft guidance documents explain what an operator must show us to get an environmental permit or permits for such a radioactive waste disposal facility.

Our guidance does not cover the siting of radioactive waste disposal facilities. Siting is covered by the land-use or waste planning policy and legislation of the relevant country, or the nationally significant infrastructure project (NSIP) legislation (for geological disposal facilities in England or Wales).

The draft guidance we are consulting on consists of:

• ‘Disposal facilities for solid radioactive waste: guidance on the requirements for authorisation (GRA)’
• ‘Guidance on the staged regulation of geological disposal facilities’

This consultation includes the draft GRA for England, Wales and Northern Ireland. In Scotland a similar consultation will be taking place for a GRA containing much of the same content but with a focus on near-surface disposal facilities only. The Scottish document will not cover geological disposal facilities.

The GRA will replace 2 existing published documents:

• 2009 Guidance on Requirements for Authorisation (GRA) of Near-surface Disposal Facilities on Land for Solid Radioactive Wastes for England, Scotland, Wales and Northern Ireland
• 2009 Guidance on Requirements for Authorisation (GRA) of Geological Disposal Facilities on Land for Solid Radioactive Wastes for England, Wales and Northern Ireland

These 2009 GRAs were jointly issued by the Environment Agency of England and Wales (as this was before NRW formed in 2013), NIEA and (in the case of the first near-surface document only) SEPA.

For England and Wales only, the GRA will also replace two 2012 supplements to the 2009 GRAs concerning implementation of the Groundwater Directive.

Some of the staged regulation guidance is new, and some used to be in the 2009 geological disposal GRA. While draft versions of some of this guidance have existed, the guidance has not been published in this form before. The staged regulation guidance only applies in England and explains how we will make permitting decisions, and what a permit holder will have to demonstrate, to comply with the requirements for developing, operating and closing a geological disposal facility.

We want your views on our draft guidance to help us finalise and publish them in 2025-26.

Radioactive waste disposal – the government’s view

Energy and radioactive substances policy, including the use of nuclear power, is a matter for government. To support our future use of nuclear power and enable the decommissioning of older power stations, we need radioactive waste disposal facilities. 

The UK policy framework for managing radioactive substances and nuclear decommissioning (May 2024) reinforces this message, including a chapter on managing radioactive waste from both the nuclear and non-nuclear radioactive substances sectors such as hospitals, universities and industry. 

The policy is clear that minimising waste is the best option and, where this isn’t possible, reusing or recycling it. It also acknowledges that in some cases waste disposal is necessary, and having the right disposal facilities is essential to support this. Sections of the policy cover:

• the waste management hierarchy
• the importance of having a range of disposal facilities available for waste owners and waste producers
• geological disposal (for England and Wales)
• near-surface disposal of less hazardous intermediate level waste

Radioactive waste disposal and the Environment Agency

We have published our own plan, EA2025 creating a better place, to guide our activities.

Our 5-year action plan (EA2025) sets out 3 goals:

• a nation resilient to climate change
• healthy air, land and water
• green growth and a sustainable future

Our guidance aligns with the goals in EA2025 because it helps make sure that the radioactive waste disposal facilities needed to enable nuclear power stations to operate and be decommissioned, are designed and operated in ways which minimise emissions, consider sustainability and protect people and the environment now and in the long-term.

Regulating disposal of radioactive waste

The environment agencies have a wide range of duties and powers, including implementing and enforcing environmental protection legislation in the UK. The legislation in each country differs but in general, for radioactive substances the agencies regulate the:

• disposal of radioactive waste on or from nuclear sites
• management of radioactive material and the accumulation and disposal of radioactive waste on or from all other premises

The environment agencies also regulate the solid waste disposal facilities themselves, whether they are on a nuclear licensed site or not. These include certain landfills, waste repositories and any future near-surface or geological disposal facility.

Near-surface disposal involves placing packaged radioactive waste into engineered voids or vaults. Near surface disposal means any facility for the disposal of solid radioactive waste which does not provide sufficient isolation of the waste to enable it to be categorised as a geological disposal facility.

Geological disposal involves placing waste deep underground and containing it within multiple barriers. Hazardous materials are isolated from the surface environment and contained for the time required for the radioactivity to naturally reduce. This ensures that no harmful quantities of radioactivity ever reach the surface environment. Geological disposal is internationally recognised as the safest and most secure means of permanently managing the most hazardous solid radioactive waste.

When regulating radioactive waste disposal facilities, we work closely with the Office for Nuclear Regulation (ONR) or the Health and Safety Executive (HSE) (depending on whether a site is a licensed nuclear site or not).

The guidance

We use radioactive substances in many different products and processes that benefit society, the environment and our economy. Some uses of radioactive substances and processes pose little risk to human health or the environment while other uses can pose a greater risk. Such risks are limited and controlled through rigorous management practices and strict regulation.

The beneficial use of radioactive materials inevitably creates some radioactive waste that must be managed. Where it can’t be reused, recovered or treated to allow recycling, radioactive waste may need to be disposed of.  

The environment agencies regulate the disposal of radioactive waste from:

• nuclear licensed sites – for example, those carrying out activities such as nuclear power generation, nuclear fuel manufacturing or radioactive waste processing and disposal as part of decommissioning
• other premises that use radioactive substances – for example, certain industries, hospitals and universities

Disposals of radioactive waste can include:

• discharges into the air, and surface water
• disposals by transfer to other sites
• disposal to land – this is what this consultation relates to

The GRA we are consulting on covers how we regulate facilities for solid radioactive waste disposal to land, such as those nearer the surface (such as landfills and repositories) and geological disposal, as explained above.

The GRA describes our role and the role of others in the disposal of radioactive waste, sets out the standards and requirements we apply and provides guidance on how operators can show those requirements have been met.

The staged regulation guidance sets out the requirements for each stage of the lifetime of a geological disposal facility and how we would regulate its development, operation and closure to assure the long-term environmental safety of the facility.

Our consultation on the updated GRA guidance and new staged regulation guidance

One of the reasons for updating and publishing our guidance has been to consider feedback received from operators, consultants, other regulators and the public on draft guidance or the previously published (2009) versions of the GRA.

Users of the GRA and staged regulation guidance were consulted on early drafts of both documents in 2022 and 2023 respectively. The GRA and staged regulation guidance have both also been subject to internal reviews by officers of our own organisations. However, this is the first full public consultation on both.

Our proposed changes to the GRA

We decided to update and replace the 2009 GRAs because:

• the guidance is 15 years old
• it is out of date in places
• significant permit applications are expected in the next decade
• it will support our engagement with communities as part of the geological disposal facility (GDF) siting process
• we had received feedback on the old GRAs from international reviews
• they do not meet the requirements of The Public Sector Bodies (Website and Mobile Applications) Accessibility Regulations 2018

The aim of the update has been to produce an up-to-date, concise and accessible GRA which is applicable to a developer or operator of any disposal facility for solid radioactive waste and is as consistent as possible across the countries of the UK. Our objectives for this update have been to:

• combine the near surface and geological disposal GRAs whilst being clear how to apply a ‘graded approach’
• take account of user feedback and lessons learned through our permitting experience
• achieve clearer alignment with international standards, for example, International Atomic Energy Agency Safety Standards
• ensure the guidance is aligned with the latest UK government policy, recognising there are key policy differences between the Devolved Administrations
• retain a joint approach between with the UK environmental regulators whilst providing flexibility for environment agencies to adopt different publishing strategies

The new staged regulation guidance

We decided to develop a separate guidance document on staged regulation after the environment agencies decided to remove staged regulation guidance from the revised GRA to reflect the fact that underground disposal of solid radioactive waste in a geological disposal facility does not apply in all parts of the UK.

The new staged regulation guidance provides clarity on how we would regulate different stages of the development, operation and closure of a geological disposal facility. Our aim is to publish a stand-alone, concise, fit for purpose and accessible guidance document that is applicable to a developer or operator of a geological disposal facility in England. We also aim to:

• achieve clearer alignment with legislation and UK government policy
• take account of user feedback
• ensure alignment with international standards
• clearly define the different stages of a geological disposal facility and the requirements for permitting each stage

Our consultation

The 15-week consultation begins on 12 November 2024 and will close on 28 February 2025.

The consultation on the draft GRA applies to England, Wales and Northern Ireland. There will be a separate consultation on a version of the GRA for Scotland.

The consultation on our staged regulation guidance is for England only.

Your views count

We aim to build and maintain confidence in our decision-making processes through our public engagement and consultation. It is our responsibility to make decisions about environmental permit applications for radioactive waste disposal facilities, but we consider that the guidance that we and the operators follow can be improved through consultation with a wide range of stakeholders.

We can all help to protect and improve the environment by being actively involved. Our public participation statement shows how our process is open, transparent and consultative. We would like people to understand our role in relation to radioactive waste disposal, what we are doing and why it’s important.

During our consultations on individual permit applications, we share information with people, explain our proposed decisions and we emphasise that we will not make any final decisions until we have considered all relevant responses to the consultation. These documents guide the operators on what to submit and how we review their submissions.

Our approach to consultation is in line with the government’s published consultation principles and our public participation statement.

Our consultations are open to everyone and, in particular, we invite the following groups to take part:

• the nuclear and radioactive waste disposal industry
• members of the public and communities (including local interest and action groups), particularly those in areas who have, or might have in the future, radioactive waste disposal facilities
• elected representatives, including MPs
• local councils near to current or future sites
• academics, scientists and consultants with an interest in radioactive waste disposal, nuclear power, energy or the environment
• non-governmental organisations (NGOs), campaign groups and environmental groups
• statutory consultees
• other government agencies
• other regulators
• any other organisation or public bodies

Our communications and engagement for this public consultation

Who may be interested

Members of the public and other stakeholders who:

• want to give the Environment Agency information that’s relevant to permitting and regulation of disposal facilities for solid radioactive waste
• live or work in an area which has a disposal facility for solid radioactive waste
• live or work in an area which has a geological disposal working group or community partnership
• represent a community they will share this information with
• are interested in how a future near surface or geological disposal facility will be regulated

Engagement outcomes

Our stakeholders understand our role in nuclear regulation and specifically disposal facilities for solid radioactive waste – what we do and what we do not do.

We understand stakeholder views so that we can use them to inform our work.

Strengthen trust and confidence in the Environment Agency as a nuclear regulator.

Demonstrate our openness, transparency and consultative approach.

Increase awareness, understanding and the benefits of our guidance, and the regulatory process around disposal of radioactive waste.

Raise awareness that the Environment Agency is an independent nuclear regulator, and lead regulator on radioactive waste disposal.

Stakeholders understand our proposals to update the guidance and provide new guidance, how to take part in the consultation, and provide relevant comments

How we are consulting

We are:

• publishing a consultation and draft guidance, including a non-technical summary, on GOV.UK
• carrying out an online public consultation on Citizen Space
• sharing information about the consultation through e-bulletins, community channels, industry channels and advocates
• holding online engagement events for our stakeholders and an online consultation event in January 2025
• attending and speaking at events organised by others such as conferences, site stakeholder groups or community partnerships
• using our social media accounts and a blog to raise awareness with our stakeholders
• sharing information through Nuclear Waste Services channels where appropriate, and those organised by community partnerships and working groups

Documents for public consultation

You can find details of our consultation questions and documents on GOV.UK and the Environment Agency’s Citizen Space consultation website.

We have published drafts of the following documents for you to consider:

• Geological disposal facilities for solid radioactive waste: staged regulation guidance
• Disposal facilities for solid radioactive waste: guidance on the requirements for authorisation (GRA)

How to respond to the consultation

We want your comments on this draft guidance before we finalise and publish it.

Our consultation does not relate to the siting of radioactive waste disposal facilities. It is not about the need for nuclear power, UK energy policy, the siting of nuclear power stations, nor the safety and security of such facilities.

Here are the aspects and issues we can and cannot take account of.

We can take account of:

• relevant environmental regulatory requirements and technical standards
• comments on whether the requirements and standards detailed in the guidance is right, and the process being used for staged regulation is correct
• suggestions for good practice that we should align to and/or refer out to

We cannot take account of:

• issues beyond those covered by the environmental regulators (such as health and safety or nuclear security)
• anything outside the remit of the environmental regulations, for example, the proposed location of the site, which is regulated by the local authority through land-use or minerals and waste planning or the Planning Inspectorate for NSIP
• whether the activity should be allowed or not as a matter of principle – for example, we will not consider whether nuclear power generation and the associated radioactive waste disposal is an appropriate process or whether alternative methods of generating electricity should be used instead
• the impact of noise and odour from traffic travelling to and from the site
• the legally defined process we follow to determine a permit
• comments about the government’s policies, for example on energy or managing radioactive substances and nuclear decommissioning

Respond online

Respond online through our Citizen Space consultation website.

We have designed the online consultation to make it easy to submit responses to the questions. We would prefer you to comment online as this will help us to gather and summarise responses quickly and accurately.

All documents are also published on GOV.UK.

Respond by email or letter

You can submit a response by email or letter. It would help us if you would send your comments using the response form document provided our Citizen Space consultation website. Send them to:

Email: nuclear@environment-agency.gov.uk

Or post to:

Trevor Howard and Eddie Osondu
Environment Agency
Nuclear Regulation Group
Ghyll Mount
Gillan Way
Penrith
CA11 9BP

Consultation event

You can join our online meeting about the consultation documents in January 2025 (date to be confirmed). Email nuclear@environment-agency.gov.uk to ask to join the meeting.

We have deliberately made this guidance creation process open, clear and consultative, subject to commercial and security sensitive constraints, because this helps to inform our decision and build confidence in us and the process.

Next steps

Publishing our new guidance

The Environment Agency will carefully consider all the relevant information we receive during consultation, together with existing information.

The Environment Agency will publish a summary of relevant responses made during this consultation in the summer of 2025.

We will aim to publish our new guidance in 2025-26.

Future engagement

We will continue our programme of communications and stakeholder engagement for radioactive waste disposal. This includes holding events with communities and stakeholders.

More information

Find out more about our work regulating geological disposal.

Find out more about Nuclear Waste Services’ plans for geological disposal.

The Waste Operations division of Nuclear Waste Services manages the Low Level Waste Repository in Cumbria.