HSC Consults on proposed amendments to nuclear reactors (environmental impact for decommissioning) regulations

HSC press release C021:05 - 1 August 2005

The Health and Safety Commission (HSC) has today published a Consultative Document outlining proposals to amend the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (EIADR99).

Two key changes are proposed:

• To implement changes made to EIADR99's parent EC Directive; and
• To simplify arrangements around decommissioning part(s) of a nuclear licensed site

The Health and Safety Executive (HSE) has already consulted key stakeholders and believes there is broad support for the changes proposed.

An online copy of the Consultation Document can be obtained from HSE's website at www.hse.gov.uk/consult/live.htm

Notes to editors

1. The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (EIADR99) implement the part of Directive 85/337/EEC, as amended by Directive 97/11/EC, that assesses the effects of certain public and private projects on the environment, including the dismantling or decommissioning of specified nuclear power stations and nuclear reactors.
2. EIADR99 apply to all decommissioning projects beginning after 19 November 1999, and to existing projects that are subject to a change or extension, which may have significant adverse effects on the environment.
3. The competent authority for EIADR99 in Great Britain is HSE. Although the Regulations are made under the European Communities Act 1972, HSE enforces them, using powers under the Health and Safety at Work etc Act 1974.
4. EIADR99 require reactor licensees to:
   • Submit an application for consent (in the form of an Environmental Statement) to HSE for consideration;
   • Publicise the application (usually via publication in one or more newspapers circulating in the locality in which the project is to be carried out); and
   • Make available to the public copies of the Environmental Statement.
5. A licensee cannot start a decommissioning project or change an existing project (where that change/extension produces any significant adverse environmental effect) until HSE, after consulting other stakeholders (e.g. Environment Agency, Scottish Environment Protection Agency), has granted consent.
6. The legislation applies to reactors over 1 kilowatt continuous thermal load. It is not expected to affect decommissioning work already underway (unless there is a change/extension where there may be a significant adverse effect), and does not apply to nuclear chemical plants.
7. To date HSE has granted consent for decommissioning projects at Hinkley Point A, Bradwell and Calder Hall nuclear power stations. HSE is currently considering an application from another station (Chapelcross) and in the next four years expects to receive applications from at least a further four stations.
8. The purpose of the amendments is to implement amendments to the EIADR99's parent directive, the Environmental Impact Assessment (EIA) Directive 85/337/EC, as amended by 97/11/EC, by Directive 2003/35/EC ; to correct two typographical errors identified by the Joint Committee on Statutory Instruments; and to achieve greater administrative clarity and efficiency.
9. The latter aim will be achieved by the proposal to amend regulation 13(1) of EIADR99. Regulation 13(1) currently places the initial responsibility on the licensee to consider whether a change/extension to a decommissioning project may have a significant adverse effect on the environment (SAEE). If SAEE is likely, the licensee must apply to HSE for a determination as to whether the project shall be subject to an Environmental Impact Assessment (EIA). However, the whole project must stop until HSE has made a determination, and cannot restart if HSE decides an EIA is required which, under the requirements of regulation 13, requires a public consultation of three months.
10. The proposed amendment to regulation 13(1) provides HSE with the option of considering that if a change/extension occurs to a project that has a significant adverse effect on the environment, then only the part(s) of the site affected would be subject to the requirements of regulation 13. Thus work on the other parts of the site, unaffected by this change/extension, could continue if HSE decides ceasing such work is unnecessary.
11. One of the changes made to the EIADR99's parent directive is to remove the blanket exemption for defence projects and replace it with a case-by-case assessment on whether an application is required.
12. The costs and benefits from these amendments are detailed in Appendix 2 of the Consultative Document. The amendments driven by some of the changes to the parent directive will present some additional administrative costs to the Ministry of Defence and HSE (though HSE's costs should be absorbed by existing resources).
13. It is estimated that allowing work to continue on any part not subject to SAEE would save the Nuclear Decommissioning Authority and the nuclear industry somewhere in the region of £40 - £60 million per site.

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