Consultation on Near-surface Disposal Facilities on Land for Solid Radioactive Wastes: Guidance on Requirements for Authorisation
Guidance Part 1: An introduction to the NS-GRA
1.1 Introduction
Solid radioactive waste is created on nuclear licensed sites and on non-nuclear premises such as hospitals, universities and industrial sites where radioactive materials are used. Operators of these activities are required to minimise the radioactive waste they produce. Where solid radioactive material or waste cannot be reused, recycled or recovered, they will need to be disposed of.
The UK policy framework for managing radioactive substances and nuclear decommissioning (Department of Energy Security & Net Zero, Scottish Government, Welsh Government and Northern Ireland, May 2024 (‘UK policy 2024’)) has an overall objective for managing radioactive waste, of reducing the risk to people and the environment to 'as low as is reasonably achievable' taking account of social, environmental and economic factors. The framework highlights that its policies are based on several key considerations, including sustainability and contributing to the United Nations Sustainable Development Goals, and states:
“We want sustainability to be hard wired into thinking on the management of radioactive substances and how nuclear decommissioning is carried out”.
The policies of the UK and devolved governments on radioactive substances are framed within the context of international guidelines, safety standards and conventions (to which the UK is a signatory). A number of different organisations are involved, including the International Atomic Energy Agency (IAEA), the International Commission on Radiological Protection (ICRP) and the Nuclear Energy Agency (NEA).
The IAEA states in its Fundamental Safety Principles (Safety Fundamentals (No. SF-1), Principle 7) that “radioactive waste must be managed in such a way as to avoid imposing an undue burden on future generations; that is, the generations that produce the waste have to seek and apply safe, practicable and environmentally acceptable solutions for its long term management”. The IAEA has also stated in its Specific Safety Requirements (IAEA SSR-5) that the aims of the disposal of radioactive waste are to:
- contain the waste
- isolate the waste from the accessible biosphere and to reduce substantially the probability, and all possible consequences of inadvertent human intrusion into the waste
- inhibit, reduce and delay the migration of radionuclides at any time from the waste to the accessible biosphere
- ensure that the amounts of radionuclides reaching the accessible biosphere due to any migration from the disposal facility are such that possible radiological consequences are acceptably low at all times
The main method of disposal is emplacement of appropriately package waste in engineered disposal facilities where the radioactive waste is emplaced to permanently dispose of that waste. Disposal facilities for solid radioactive waste are typically located on sites which are separate to the activity producing the radioactive waste, but some nuclear sites may have a disposal facility on or adjacent to their site. On-site disposals of radioactive waste as part of decommissioning that are not dedicated disposal facilities, are covered by the environment agencies’ joint publication “Management of radioactive waste from decommissioning of nuclear sites: Guidance on Requirements for Release from Radioactive Substances Regulation” (GRR) rather than this guidance.
The IAEA define a near-surface disposal facility as:
“a facility for radioactive waste disposal located at or within a few tens of metres of the Earth’s surface”.
and a geological disposal facility as:
“a facility for radioactive waste disposal located underground (usually several hundred metres or more below the surface) in a stable geological formation to provide long term isolation of radionuclides from the biosphere”.
These IAEA definitions provide a basis for our guidance. For the purpose of this guidance, near-surface disposal facilities are any facilities for the disposal of solid radioactive waste which do not provide sufficient isolation of radioactive waste to enable them to be categorised as geological disposal facilities. We do not distinguish or define intermediate depth disposal facilities.
The Scottish Government’s policy for managing higher activity radioactive waste sets out a number of other considerations that might be applicable to the near-surface disposal of radioactive waste in Scotland (Scottish Government 2011).
This guidance sets out the requirements that need to be addressed when applying for or holding a permit for a near-surface disposal facility.
1.2 What and who this guidance is for
This guidance applies to near-surface disposal facilities, whether entirely on or under land or accessed from land with waste disposed partially or wholly under the seabed.
This guidance explains to developers and operators of radioactive waste disposal facilities the Scottish Environment Protection Agency’s (SEPA’s numerical standards and 18 requirements for environmental permitting of solid radioactive waste disposal. Such permitting includes any groundwater activity where it is carried on as part of the radioactive substances activity on the same site.
In this guidance the term ‘requirements’ is used to express the expectations SEPA places on the developer or operator of a disposal facility for solid radioactive waste, to enable us to grant a permit.
When this guidance says ‘we’ or ‘us’ it means SEPA. When we say ‘you’ in this guidance we mean the developer or operator of a disposal facility.
We expect you to develop and maintain an environmental safety case (ESC) to show how all the relevant requirements in this guidance have been addressed. Development of your ESC should start before the permit application is made and it should be maintained throughout the period of radioactive substances regulation (RSR).
This guidance [when finally published] supersedes the 2009 Near-surface Disposal Facilities on Land for Solid Radioactive Wastes: Guidance on Requirements for Authorisation (GRA).
1.2.1 New applicants
This guidance explains the requirements you should meet in order to obtain an environmental permit for the disposal of solid radioactive waste in a near-surface disposal facility.
We recognise that it may not be possible to address all the requirements in this guidance during the early stages of development of a disposal facility. Therefore, you should adopt a proportionate approach, in which you describe when and how in the later stages of the process you will address those requirements not addressed in the current stage.
1.2.2 Existing permit holders
If you already hold an environmental permit for a radioactive waste disposal facility you should use this guidance when you are:
- planning the next stage in the lifetime of the disposal facility or a significant change to it (for example a new phase of operations, extension, closure)
- planning a significant change to how the facility is operated or the type of waste you intend to dispose of
- updating your ESC (for example to reflect operational experience, new information, changes in policy, legislation, standards or guidance)
- carrying out a scheduled review of your ESC
If you are applying for a variation (change) to your environmental permit, you should show in your application how your disposal facility will meet the requirements set out in this guidance.
1.3 What this guidance doesn’t cover
This guidance applies to disposal facilities for solid radioactive waste and not to facilities for the storage of radioactive waste. The purpose of a radioactive waste disposal facility is to dispose of waste without the intention of retrieving it. Waste that has been received for disposal and has been emplaced in a disposal facility is considered disposed, even though further physical works may be needed to close the facility, such as backfilling, capping, sealing of shafts or tunnels etc. The disposal activity is considered to be ongoing until the end of the period of RSR.
This guidance applies to facilities dedicated for solid waste disposal. Therefore, it does not apply to solid waste disposals that take place on a decommissioning site, known as in-situ disposals or disposals for a purpose. For guidance on these types of disposals, you should refer to the environment agencies’ Management of Radioactive Waste from Decommissioning of Nuclear Sites: Guidance on Requirements for Release from Radioactive Substances Regulation.
This guidance does not cover the process of selecting a site for a radioactive waste disposal facility. However, early engagement with SEPA will help to identify potential environmental safety issues before there is significant investment of time and money in a particular site (see requirement R1: Early engagement).
Where there is no relevant permit in force, there can be specific circumstances, that are set out in legislation, in which previously disposed of radioactive substances can become radioactive material or waste again and fall under RSR. Such circumstances and other historic disposals may also be covered by other legislation, including the radioactive contaminated land regime under Part 2A of the Environmental Protection Act 1990. If the regulatory situation is unclear, interested parties should seek advice from SEPA.
Other environmental permits may be required for activities associated with the development or operation of a solid radioactive waste disposal facility. Our guidance ‘Do I need an authorisation?’ will help you check this.
1.4 Regulating solid radioactive waste disposal in different parts of the UK
Radioactive waste management policy is a devolved matter. The Environment Agency (EA), Natural Resources Wales (NRW), SEPA and the Northern Ireland Environment Agency (NIEA) are responsible for regulating the disposal of radioactive waste in England, Wales, Scotland and Northern Ireland respectively.
In Scotland radioactive waste management is regulated under “The Environmental Authorisations (Scotland) Regulations 2018” (EASR) which give SEPA powers and duties to authorise the disposal of radioactive waste on an authorised place in Scotland.
The environment agencies have worked together to prepare this guidance so that standards for protection and safety of the public and the environment, and regulatory expectations for radioactive waste disposal, are as consistent as possible across the UK even though there is some variation in policy and legislation. However, separate documents have been produced and published by:
- SEPA for near-surface disposal facilities in Scotland (current policy in Scotland does not accept geological disposal as an option at this time).
- the EA, NRW and NIEA for near-surface and geological disposal facilities in England Wales and Northern Ireland
We aim to apply this guidance in a way that is transparent, accountable, consistent and proportionate. SEPA must act in accordance with the Scottish regulators' strategic code of practice. We will also work jointly with other regulators in Scotland (see Role of other organisations), to minimise burdens on operators and developers, in accordance with our agreed ways of working.
1.5 Role of other organisations
The Health and Safety Executive (HSE) regulates the health and safety of work with ionising radiation at non-nuclear sites, including radioactive waste disposal facilities not on a nuclear licensed site.
The Office for Nuclear Regulation (ONR) regulates nuclear safety and security on nuclear sites, health and safety, the transport of radioactive material, and is responsible for granting nuclear site licences to operators.
SEPA has memoranda of understanding (MoU) with HSE and ONR that set out how we work together with them to regulate radioactive substances and consult each other on matters of mutual interest.
SEPA and ONR have also published a position statement describing how we work together to ensure decisions about radioactive waste management take into account nuclear safety and security considerations and our regulatory requirements: Regulatory Arrangements for the Management of Higher Activity Radioactive Waste on Nuclear Licensed Sites.
Local authorities in Scotland are responsible for determining most planning applications, though there can be a separate authority responsible for minerals and waste planning. We are a statutory consultee for planning applications. In developing our response to consultations on planning, we would consider matters including flood risk, water abstraction, fisheries, biodiversity, groundwater, contaminated land and pollution prevention.
A number of other organisations may be involved in considering the development of radioactive waste disposal facilities, such as Marine Scotland and NatureScot, and there will be a range of organisations and groups that we consult with on any permit applications that we receive.
1.6 SEPA’s objective and principles
We have published our objective and principles which we apply to all regulation of radioactive substances activities: “SEPA’s Objective and Principles for regulating radioactive substances activities”.
The updated objective and principles supersede the fundamental protection objective and principles that were set out in the 2009 Near-surface GRA.
By fulfilling the requirements in this guidance, you will meet our objective and principles for radiological protection of people and the environment.
1.7 Radiological protection standards
Radiological protection standards are set out in UK legislation and UK policy 2024. They are based on international safety standards published by the IAEA, recommendations from ICRP, and advice from the UK Health Security Agency (UKHSA) (for example, see UKHSA’s predecessors (the Health Protection Agency) guidance on radiological protection objectives for the land-based disposal of solid radioactive wastes (Ref: RCE-8)).
In this guidance we refer to various standards including:
- dose limits
- dose constraints
- a risk constraint
- a risk guidance level
- a dose guidance range
These standards, described in part 2, form the basis for a number of requirements in this guidance.
1.8 Whole lifetime assessment of a disposal facility
When we authorise the disposal of solid radioactive waste, we consider the impacts on people and the environment:
- during the operational phase of the facility, including when waste is being disposed and when closure operations are being carried out
- after the facility has been closed but before the period of RSR comes to an end
- after the period of RSR has ended
You will need to address all phases of the disposal facility lifetime in your permit application and environmental safety case. This includes assessing the potential for, and impact of, natural processes affecting the disposal system and events such as inadvertent human intrusion.
The nature of radioactive waste disposal means decisions made now will determine the potential impact on people and the environment far into the future. The standards in this guidance will ensure future generations are afforded at least the same level of protection as current generations. This is consistent with the principle of intergenerational equity.
The radiological protection standards that apply to solid radioactive waste disposal facilities after the period of RSR are equivalent to the standards that apply to the surrender of any radioactive substances activity permit on a nuclear licensed site. These standards represent a low level of radiological risk and do not assume any restrictions for the purpose of radiological protection on the use of the land after the end of regulation.
For sites that hold a nuclear site licence ONR has set out the options and requirements for delicensing.
1.9 Changes in guidance over time
It may take several years, or even decades, to carry out the necessary site investigation and construction activities for a new disposal facility before disposals of radioactive waste can begin. Once operational, a facility may receive radioactive waste over several decades before it is closed.
During this time, SEPA may update this guidance periodically to take account of, for example, changes to:
- government policy or legislation
- environmental protection standards
- experience in the UK and overseas
- developments in science and technology
The current NS-GRA always applies if you hold a RSR solid waste disposal facility permit. When changes to this guidance are made, you should address these changes in your ESC at its next scheduled review; when you update your ESC as a result of significant new information or operations; when you make an application to vary or surrender a permit with a revised ESC; or as otherwise agreed with us, whichever is sooner.
We expect you to revise your ESC to take account of changes to guidance. If necessary, you might have to change your waste acceptance criteria and the waste you can accept for disposal.
You should apply the current guidance, including any new aspects of the guidance, to all permitted disposals. Where a permit remains in force and assessments show that past disposals or elements of past disposals do not meet the current guidance, you should raise this with us. You should implement any agreed actions to optimise the protection provided, for example, by making engineering improvements or putting in place or enhancing operational and other controls.
Where you cannot show that you can comply with current guidance, leaving the waste in-situ may not be acceptable. You should consider options to retrieve some or all the waste or take other actions to upgrade the environmental safety of the facility, economic and social factors being taken into account, that satisfy the relevant regulators (see the sections above on the role of other organisations). It may not be appropriate to retrieve waste where this would:
- need disproportionate resources or cause other significant impacts
- unduly affect the performance of the disposal facility in isolating and containing any remaining radioactive waste
- lead to unreasonable exposure of workers
You will need to liaise with all relevant regulators on such cross-cutting matters and the regulators will also work together to consider your proposals.
1.10 Graded (proportionate) approach
A graded approach means that the level of analysis, documentation and actions necessary to comply with regulatory requirements and criteria should be proportionate to the hazard and risk. You should take a graded approach when applying the requirements in this guidance.
1.11 Engaging with interested parties
SEPA expects you to engage with the planning authority, local community, other interested parties and the general public when you are developing or revising the proposals for your disposal facility.
It is important to involve any interested parties who may be directly or indirectly affected by proposals to dispose of solid radioactive waste. Any process you choose to use to engage with interested parties should be open and inclusive. The aim should be to secure and maintain the confidence of interested parties by addressing their concerns and by presenting your ESC and other documentation in a way that people will understand. Different styles and levels of documentation may be needed for different audiences, but these should be consistent in referring to the same fundamental arguments and evidence. In some cases, the approach to engagement with interested parties is prescribed in government policy.
When you apply for a new permit, or a variation to an existing one, SEPA may consult members of the public and other interested parties during the permit determination process, depending on the significance of the application. We have set out our approach to consulting on permit applications in our public participation statement.