Environmental Authorisations (Scotland) Regulations 2018 draft - proposed amendments: consultation

4. Radioactive Substances Technical Provisions

4.1 Introduction

4.1.1 The 2018 Regulations incorporated radioactive substances activities and associated technical requirements into the common framework. To continually improve the regulation of this regime, we have identified the following proposals for minor changes.

4.2 Major Changes

4.2.1 We do not propose any major changes regarding radioactive substances activities.

4.3 Minor Changes

4.3.1 We are proposing a few minor changes to correct errors and clarify technical information and requirements. In addition, clarification of certain technical information and definitions has been included to enable integration of the Pollution Prevention and Control (PPC), Water and Waste regimes into the common framework, and these are set out in Annex D.

4.3.2 Alignment with EU Basic Safety Standards Directive. We are proposing changes to Schedule 8 to clarify which activities may/may not require another tier of authorisation (registration, notification, or GBR) on a licensed nuclear site to ensure proportionate and consistent regulation and support alignment with the EU Basic Safety Standards Directive (BSSD). This will ensure that the 2018 Regulations are clear that activities on a nuclear site, for example the management of security equipment containing radioactive sealed sources that have become waste, are regulated consistently with the same activity being conducted on a non-nuclear site as the levels of risk are no greater.

4.3.3 Disposal of smoke detectors. Disposal routes for smoke detectors are not clear, as there are different requirements for the various parts of the smoke detector. We propose to clarify the requirements of Schedule 9 of the 2018 Regulations and align with the Waste Electrical and Electronic Equipment Regulations 2013 (WEEE Regulations). Smoke detectors can be broken down to remove the metallic radioactive sealed source and the plastic casing with electronics can be recycled. The metallic radioactive sealed sources must only be removed by someone authorised to do so, and must be sent to landfill while the remainder can be recycled. Smoke detectors can also be disposed of via waste management companies that are legally entitled to manage them.

4.3.4 Use of radioactive substances for veterinary diagnosis and treatments. Veterinary practices are extensively regulated. The deliberate administration of radioactive substances for veterinary diagnosis and treatment within veterinary practices is addressed by the Ionising Radiations Regulations 2017 and regulated by the Health and Safety Executive (HSE) whilst the management of radioactive substances falls under the 2018 Regulations and is regulated by SEPA, with the aim of protecting human health and the environment. We are therefore proposing to remove reference to the deliberate administration of radioactive substances for veterinary diagnosis and treatment from the 2018 Regulations Schedule 8 to ensure that this is clear. Management of radioactive substances from veterinary practices, e.g., disposal of waste, will still be regulated under the 2018 Regulations.

4.3.5 The Regulations are an integrated authorisation framework, and as such we aim to have consistency in the language used across the regime. We propose to change the language around the use of the term ‘normal refuse’ to bring the 2018 Regulations into line with the current waste segregation regime.

4.3.6 The proposed minor amendments to the 2018 regulations in relation to the radioactive substances are set out in Annex D

Question 14 Do you have any comments on the minor amendments as set out in Annex D for the minor changes relevant to radioactive substances activities?

4.4 Legislative Changes

4.4.1 The 2018 Regulations incorporated radioactive substances activities and associated technical requirements, transposing the Basic Safety Standards Directive. This section described the proposed legislative changes.

Question 15 Do you agree with or have comments on the proposed changes to Schedules 8 and 9 for radioactive substances activities?