Lillyhall Landfill Site Transboundary Impact Assessment

Closed 5 Mar 2021

Opened 4 Feb 2021

Feedback updated 15 Jul 2021

We asked

This consultation was for the Transboundary Impact Assessment (TIA) submitted by FCC Recycling (UK) Ltd as part of their application to vary their radioactive substances activity permit for the Lillyhall Landfill site in West Cumbria. The consultation took place from 4 February 2021 to 5 March 2021. It provided the opportunity for the public, professional bodies and stakeholders to provide comments on the TIA.

This was in addition to the consultation on the full application to vary the Lillyhall landfill site permit, which took place from 4 March 2019 to 6 May 2019.

You said

We received zero responses to the TIA consultation. Therefore we have not produced a summary of consultation responses document, as we have done for the consultation on the full application to vary the Lillyhall landfill site permit.

We did

We have now reached our final decision on this application and issued the permit variation on 15 July 2021.

A copy of all the documents relevant to this permit variation, including the permit, variation and decision document, can be found by visiting the original consultation ‘Lillyhall Landfill Site RSA Permit Variation’ - Please see link below.

Overview

This consultation is for the Transboundary Impact Assessment submitted by FCC Recycling (UK) Ltd as part of their application to vary their radioactive substances activity permit for the Lillyhall Landfill site in West Cumbria.

That application was submitted to us in February 2019 and we consulted on it from 4 March 2019 to 6 May 2019. Details can be found here https://consult.environment-agency.gov.uk/cumbria-and-lancashire/lillyhall-landfill-site-rsa-permit-variation/

At that time applicants were required to make a separate Article 37 submission to the Department for Business, Energy and Industrial Strategy (BEIS) on behalf of the UK Government, providing data on radioactive waste disposal plans. BEIS would then submit this data to the European Commission (EC), in accordance with Article 37 of the Euratom Treaty. This data was used by the EC to assess the effects of planned disposals, including any discharges, as well as accidental discharges to air, soil and water, on member states of the European Union and Norway. The Environment Agency could not issue a new or varied environmental permit until the EC had provided an opinion on the potential transboundary radioactive effects. This is no longer a requirement now the UK has left the European Union.

However, for certain new environmental permit applications or applications to vary environmental permits we still need to consider if any planned discharges or disposals from these radioactive substances activities will have an environmental impact on member states of the European Union and Norway. These new requirements are set out in the Transboundary Radioactive Contamination (England) Direction 2020 (The Direction) and implemented through the Environmental Permitting Regulations 2016. The Direction gives a full list of relevant activities and explains when it is applicable. Where applicable, applicants are now required to submit a transboundary impact assessment to the Environment Agency, as part of the Environmental Permit application process. These assessments will have to be taken into consideration when we are deciding whether or not to grant those environmental permit applications.

This application by FCC Recycling (UK) Ltd falls within the scope of the Direction. Due to the fact that the original permit variation application was made and consulted upon before 1st January 2021, we are now consulting upon the transboundary impact assessment separately.

The Direction requires that we consult the public on any transboundary impact assessment. As part of this consultation we must inform the Secretary of State for BEIS and provide an electronic link to the public consultation. BEIS will inform relevant countries allowing them an opportunity to view the information and to comment on the application through the public consultation process. We will take responses received into account in our final decision on whether or not to grant the application to vary the permit.

Why we are consulting

This consultation gives people the opportunity access the additional information provided to us by FCC Recycling (UK) Ltd to support their permit variation application, in accordance with The Transboundary Radioactive Contamination (England) Direction 2020. This consultation provides a route for people to provide us with any information they think is relevant to our decision making.

 

What happens next

We will consider any comments as part of the permit variation determination process.

We will make responses available (excluding personal information and financial data) on our online tool whilst the consultation is running, unless you have requested that we do not publish your response.

Following the end of the consultation we will assess all the information and responses received during this consultation.  We will then produce a final decision document and this will be published on this consultation’s web page.

We will not be responding to individual comments on the application.

Thank you

Nuclear Regulation Group North

 

Audiences

  • Businesses
  • NGOs
  • Members of the public
  • Elected representatives, including MPs
  • Local councils
  • The nuclear industry

Interests

  • Business and industry
  • Waste
  • Permits
  • Nuclear
  • Environmental permitting
  • Radioactive substances regulations