Consultation on Near-surface Disposal Facilities on Land for Solid Radioactive Wastes: Guidance on Requirements for Authorisation

Overview

We are seeking your views on our proposed updated guidance ‘Near-surface disposal facilities for solid radioactive waste: Guidance on Requirements for Authorisation (NS-GRA)’.  This guidance is intended, once published, to replace our 2009 publication ‘Near-surface Disposal Facilities on Land for Solid Radioactive Wastes: Guidance on Requirements for Authorisation February 2009’.

The update takes account of changes that have occurred over the last 15 years in legislation, policy and international best practice. In addition, we have factored in learning from experience that has been gained though the development and operation of disposal facilities across the UK.

Consultation background

We are SEPA, Scotland’s environmental regulator. Our job is to protect and improve Scotland’s environment.

One of our roles is to regulate how radioactive waste is disposed of in Scotland. Some types of solid radioactive waste can be placed in dedicated facilities called near-surface disposal facilities.  In 2009 we, together with the environment agencies in other parts of the UK, published ‘Near-surface disposal facilities for solid radioactive waste: guidance on the requirements for authorisation’ to explain our regulatory requirements to the developers or operators of such facilities.

We’ve reviewed the 2009 guidance and are consulting on our updated draft guidance for disposal facilities in Scotland.

This consultation presents our updated guidance ’Near-surface disposal facilities for solid radioactive waste: Guidance on Requirements for Authorisation (NS-GRA)’. The guidance is divided into five parts

• an introduction to the NS-GRA and our role in regulating solid radioactive waste disposal facilities (part 1)
• details of the standards we apply and the requirements we place on developers and operators of disposal facilities (part 2)
• detailed guidance on environmental safety cases (part 3)
• specific guidance how to address the protection of groundwater (part 4)
• a glossary of key terms and reference list (part 5)

This consultation is your chance to share your views on our updated guidance. You can download the document using the link below.

Please note that the Environment Agency, Natural Resources Wales and the Northern Ireland Environment Agency are consulting upon similar guidance for England, Wales and Northern Ireland. Whilst their proposed guidance is similar to ours, differences in laws and policies across the UK mean there are some variations.  This means that the consultations on these different documents need to be held separately, and we would encourage you to respond to both consultations.

Why we are proposing an update to the NS-GRA

In 2009 we published Near-surface Disposal Facilities on Land for Solid Radioactive Wastes: Guidance on Requirements for Authorisation‘ February 2009’ (2009 NS-GRA) as a joint publication with the Environment Agency and the Northern Ireland Environment Agency. Our 2009 guidance is now over 15 years old. We’re updating it to reflect changes in laws, improve accessibility, align with international guidance, and include what we’ve learned since it was first used. While we are publishing guidance specific to Scotland, we have developed our consultation document jointly with the Environment Agency, Natural Resources Wales and the Northern Ireland Environment Agency. Where possible we have used common text to describe our technical requirements, only differing where there are differences in policy and legislation between the countries of the UK. This approach helps to maintain a consistent technical framework for managing radioactive waste across the UK.

Over the last 15 years we have also seen developments in international guidance in the area of radioactive waste management. In 2018 the UK requested an International Regulatory Review Service (IRRS) mission from the International Atomic Energy Agency, to review our legal and governmental framework, and regulatory infrastructure for safety. As part of our review of the NS-GRA we have addressed recommendations from this IRRS review.

The UK policy framework for managing radioactive substances and nuclear decommissioning has also undergone significant review with the publication of the new policy in May 2024. In updating our guidance, we have also ensured that we are aligned with the new policy.

Finally, in response to legislation requiring public bodies to make their information more accessible, we have transformed the style of our guidance to make it easier to read, understand and apply.

We have also drafted two policy statements, which we are consulting upon at the same time as this updated guidance:

• SEPA’s Objectives and Principles for Regulating Radioactive Substances Activities – this policy statement sets out SEPA’s primary objectives in regulating radioactive substances activities, supported by a number of key principles, founded in international and domestic commitments.  Some of these were in the 2009 NS-GRA, but while updating our guidance, we concluded it would be better to extract and expand them to apply to all of our work in regulating radioactive substances activities.
• SEPA’s Environmental Standards for the input of radioactive substances into groundwater – this policy statement explains how, in regulating radioactive substances activities, SEPA meets the requirements of the Groundwater Directive (Directive 2006/118/EC).  This policy statement updates, expands upon and replaces our earlier statement on radioactive substances and groundwater protection, found in Position Statement WAT-PS-10-01: Assigning Groundwater Assessment Criteria for Pollutant Inputs.

If you are responding to this consultation, we encourage you to read these two documents, and also consider responding to our consultations on them.

How to respond 

We would prefer you to respond to this consultation on-line via the link near the end of this page “I agree; go to the consultation” .

If you prefer not to respond on-line, you can respond to this consultation by sending an email to radioactivesubstance@sepa.org.uk. When submitting your response, please also fill out the “respondent information form” which you can find at the end of this page,  along with the consultation document(s).

If you wish to respond another way or would like a copy of any of the documents in a different format such as large print, audio recording or braille, please contact us using our online contact form or by phone: 0300 099 6699 and we’ll arrange for an Officer to call you back.

Responses must be submitted by midnight on the 5 May 2025, earlier responses are welcome.

If you wish to respond another way or would like this document in an accessible format, such as large print, audio recording or braille, please contact us using our online contact form or by phone: 0300 099 6699 and we’ll arrange for an Officer to call you back. 

Responses must be submitted by midnight on the 5 May 2025, earlier responses are welcome. 

Handling your response

We would like to know if you are happy for your response to be made public. If you ask for your response not to be published, it will be regarded as confidential and treated in accordance with SEPA’s published Privacy Policy.

You can indicate your preference in the Respondent Information Form.

How we use your feedback

As Scotland’s principal environmental regulator, our purpose is to protect and improve Scotland’s environment in ways that, as far as possible, also contribute to improving health and well-being, and achieving sustainable economic growth. Our Corporate Plan 2024-2027 sets out our strategic ambition and priorities. Our Annual Operating Plans set out how we will implement our priorities every year

In delivering these priorities we engage with those who have an interest in and/or are affected by our regulations and duties. One way we engage is through formal consultations. This is your opportunity to tell us what you think about our proposals. The feedback we receive helps us to understand what matters most to people and how we can deliver our duties efficiently and effectively.

After the consultation closes, we’ll consider the information we receive before publishing a digest of responses through the “We asked, You said, We did” section of our consultation website. This will close the consultation process by explaining how we have considered and, where appropriate, acted upon what we have heard.