Ishak Hasanuddin

Indonesian Nuclear Energy Regulatory Agency

ENVIRONMENTAL REGULATORY ASPECT IN

NUCLEAR POWER PLANT PROGRAM:

INDONESIA EXPERIENCES

Vienna, 20 March – 23 March 2012

Legislative and Statutory Framework

Act No. 10/1997 on Nuclear Energy

Act No. 32/2009 on Protection and Management of Environment

Government Regulation

BAPETEN Chairman Regulation/

Environmental Ministry Regulation

Guidance (Non Legal Binding)

Government Regulation (GR) Related to Protection of Environment

GR No. 43/2006 on the Licensing of Nuclear Reactor

GR No. 33/2007 on the Safety of Ionizing Radiation and the Security of Radioactive Sources

GR No. 27/2012 on the Environmental license

Bapeten Chairman Regulation (BCR) and Environmental Ministry Regulation (EMR)

• EMR No. 11/2006 on the Type of Activity that Require the Environmental Impact Analysis

• BCR No.03-P/1999 on the Technical Guidance for Developing the Environmental Impact Analysis for Construction and Operation of Nuclear Reactor

• EMR No. 24/2009 on the Guidelines for the Assessment of the Environmental Impact Analysis Document

• BCR No 01/1999 on the Safety Provisions against Ionizing Radiation

Legislation and Regulatory Control Aspect (1)

Act No. 10/1997 establishes the Separated Government Institution relating to Nuclear Energy:

Regulatory Body: Nuclear Energy Regulatory Agency (BAPETEN)

Promoting Body: National Nuclear Energy Agency (BATAN)

Any activity related to utilization of nuclear energy shall consider the protection of environment (Article 16, Act No. 10/1997)

Regulatory Body shall provide a guidance regarding the protection of environment (Article 21, Act No. 10/1997)

Legislation and Regulatory Control Aspect (2)

Environmental Impact Analysis (EIA) shall be carried out for the Program of Construction and Operation of Nuclear Power Plant

EIA shall be a basis for a decision of environmental feasibility(Article 24, Act No. 32/2009).

Based on the decision of environmental feasibility, Ministry of Environment issue the Environmental License (Article 36 (2), Act No. 32/2009).

Environmental License shall be one of requirements for applying the license of construction and operation of Nuclear Power Plant to Regulatory Body (BAPETEN)

Environmental Impact Analysis (1)

EIA prepared at the planning stage

The Location of the planned activity shall be in accordance with the spatial planning

Document of EIA consist of: Term of Reference, Impact Analysis, Environmental Management Plan and Environmental Monitoring Plan

Environmental Impact Analysis (2)

Term of Reference Impact Analysis

• Potensial Impact

• Scope

• Depth of Analysis

• Description of

Environment

• Estimation of Impact

• Evaluation of Impact

• Inputs/recommendati

on for Environmental

Feasibility Decision

• Management

Strategy of

Environmental

Impact

• Monitoring Strategy

of Environmental

Impact

Environmental

Managemen Plan

Environmental

Monitoring Plan

COMPONENT OF EIA

Environmental License (1)

Environmental license is a requirement for applying a license of contruction and operation of Nuclear Power Plant

Steps for obtaining the Environmetal license:

Developing EIA

Assessing EIA

Applying and Issueing the environmental license

Preparation of EIA shall involve the public since developing Term of Reference

Environmental License (2)

The public comes from

Affected public

Environmentalist (NGO)

The public affected by any decision in EIA process

Public participation through an announcement of project plan and public consultation

Public may express their opinion, recommendation, or respons in writing within 10 days after the announcement of project plans to the environmental ministry.

Other relevant regulatory contol

The program for monitoring public exposure including environment are established by licensees during licensing process and operation

The monitoring includes the measurement of the level of radioactivity released into the environment

The licensee submit the report of monitoring to BAPETEN

The licensee shall perform actions to control the situation and make any correction needed in order to reduce the radioactivity/contamination level

BAPETEN will perform inspection and may take actions to protect the public and the environment

Control of Discharges

GR No. 33/2007 article 24 and 25:

the licensee must monitor the radiation exposure and /or radioactivity level at the installation; the radioactivity level in the environment and the dose of the radiation routinely, periodically, and/or during an incident

GR No. 33/2007 article 27 and 28:

the radioactivity in the environment must not exceed the limit set by BAPETEN;

the licensee may release the radioactive substances into the environment if it reaches the clearance level

Summary

Environmental impact analysis (EIA) is one of the preemptive management of the environment and become one of the key requirements in obtaining environmental license prior to apply the license of construction and operation nuclear power plant

EIA covers the aspect of physic, geology, biology, chemistry, sosial, economy,culture as well as public health.

Implementation of the EIA should be more professional, accountability, and integrity so that this instrument can be used as an effective decision making process

Thank You for Your Kind Attention