# Environmental Permitting (England and Wales) Regulations 2016

**Full title:** The Environmental Permitting (England and Wales) Regulations 2016
**Citation:** SI 2016/1154
**Official source:** [legislation.gov.uk/uksi/2016/1154](https://www.legislation.gov.uk/uksi/2016/1154)
**Status:** In force
**Docket reference:** Ch06 Section 6.5, Section 6.9 (waste classification)

## Purpose

The EPR 2016 consolidates the environmental permitting framework for England and Wales. For nuclear purposes, **Schedule 23** is the key provision — it transposes radioactive substances regulation into the permitting system, replacing the Radioactive Substances Act 1993.

## Key Provisions Relevant to the Nuclear Fuel Cycle

### Schedule 23: Radioactive Substances Regulation

#### Scope and Definitions

- **"Radioactive substance"** and **"radioactive waste"** are defined with reference to activity concentrations.
- Regulation distinguishes between nuclear sites (regulated by the Environment Agency) and non-nuclear-site users.

#### "Out of Scope" Thresholds

- Substances with activity concentrations below specified thresholds are entirely outside the scope of radioactive substances regulation — they are treated as non-radioactive for regulatory purposes.
- These thresholds are set in Schedule 23 Part 2 and are important for waste management and clearance of decommissioning materials.

#### Exemptions

- Above the "out of scope" threshold but below exemption thresholds, certain activities are exempt from the requirement to hold a permit.
- Exemption is conditional on meeting specified conditions (e.g., quantity limits, proper management).

#### Permits

- Activities involving radioactive substances above exemption thresholds require an environmental permit from the Environment Agency (EA) in England or Natural Resources Wales (NRW) in Wales.
- Permits specify conditions for: accumulation, disposal (including discharges to air, water, and transfer to other sites), and monitoring/reporting.

### Waste Classification Relevance (Section 6.9 link)

- The EPR 2016 thresholds interact with the UK radioactive waste classification system (VLLW, LLW, ILW, HLW).
- Materials below "out of scope" thresholds can be disposed of as conventional (non-radioactive) waste.
- This is critical for decommissioning, where large volumes of lightly contaminated material may qualify for clearance.

## Relationship to Other Legislation

| Legislation | Relationship |
|------------|-------------|
| RSA 1993 | EPR 2016 replaced RSA 1993 in England and Wales |
| NIA 1965 | Nuclear sites require both a nuclear site licence (NIA) and environmental permits (EPR) |
| EASR 2018 | Scotland has a separate equivalent framework |

## NFC Course Relevance

- Environmental permitting under EPR 2016 governs all radioactive discharges and waste disposals from NFC facilities in England and Wales.
- The "out of scope" and exemption thresholds are essential knowledge for waste management, decommissioning planning, and clearance decisions.
- Understanding the two-regulator model (ONR for safety, EA/NRW for environment) is fundamental to UK nuclear governance.

## Cross-References

- [RSA_1993.md](RSA_1993.md) — Predecessor legislation
- [NIA_1965.md](NIA_1965.md) — Licensing regime that operates alongside EPR permitting
- [IRR_2017.md](IRR_2017.md) — Radiation protection of workers (complementary to environmental regulation)