On 1 April 2019, the Environment Agency published Regulatory Position Statements (RPSs) under the environmental permitting regime, relating to limits on radioactive materials in environmental permits and accumulation of radioactive waste unable to be transferred out of the UK due to Brexit.

The first of these allows operators to exceed limits on radioactive materials in environmental permits because of Brexit, and explains the circumstances where this will be permissible. For example, Brexit may mean that supplies of radioactive materials will be restricted so operators may need to stock up in advance or purchase different stock.

The second RPS allows operators to accumulate radioactive waste for longer than allowed in their environmental permit, or accumulate more radioactive sources or waste than permitted, where this is unavoidable due to Brexit. The RPS envisages that Brexit may mean that operators cannot transfer radioactive waste out of the UK in the normal way.

However, both RPSs apply only until 30 September 2019.