Failure of EPA’s financial liability instruments

OEE AIE 2023 15

Responses to AIE

1. Any materials, protocols and/or references considered by the EPA when assessing the suitability of financial instruments such as Insurance policies in place of sureties and/or cash bonds when deciding on appropriate provision for licenced facilities in relation to CRAMP and ELRA.

All EPA guidance documents are available at Financial provision for environmental liabilities | Environmental Protection Agency (epa.ie). The 2015 guidance document Guidance on Financial Provision for Environmental Liabilities is probably most relevant to the request.


2. List of all facilities in the State upon which the EPA has made calls on financial provision in respect of CRAMP and/or ELRA in respect of licenced facilities in the period 1 January 2010 to date.


The EPA has made no calls on financial provision put in place by licensees in the period January 2010 to date.


3. In respect of No. 2, please indicate the nature of the call made i.e. what type of financial instrument did the EPA have recourse to.

Not applicable because the EPA has made no calls on financial provision put in place by licensees in the period January 2010 to date.


4. In respect of any Insurance policies which the EPA have had recourse to under No. 3 above, please indicate any instances in which a call was made in respect of an Insurance policy and same was not met by the Insurer concerned.


Not applicable because the EPA has made no calls on financial provision put in place by licensees in the period January 2010 to date.


5. Any analysis or reports conducted by or on behalf of the EPA on the risk of failure of financial liability instruments when called upon.”

Not applicable because the EPA has made no calls on financial provision put in place by licensees in the period January 2010 to date.

EPA Facilities/Installations with Financial Provision Requirements 31/03/23

This note contains four sets of data:

  1. EPA Facilities/Installations with Financial Provision Requirements
  2. Agreed ELRA Costs at EPA Facilities/Installations with Financial Provision Requirements
  3. Agreed CRAMP Costs at EPA Facilities/Installations with Financial Provision Requirements
  4. Financial Provision in Place at EPA Facilities/Installations with Financial Provision Requirements

AIE: Aughinish Alumina Financial Provision Requirement Documents (CRAMP & ELRA)

EPA reasons for Decision (Redactions)

Costings and financial details have been redacted as the public interest in favour of release does not outweigh factors against release, specifically in relation to:
• The protection of commercially sensitive information.
• Allowing companies provide the EPA with confidential information without fear of release.
• In not preventing or impeding a company from the effective pursuit of their legitimate business.

Schedule of records released under AIE

CRAMP: for the orderly closure, decommissioning and aftercare of the Aughinish facility

Costings split 50:50 between liabilities for the Bauxite Residue Disposal Area (red mud stack), and liabilities for the main process plant

Note: how are “Parental Guarantees” enforced, eg overseas parent, parent is non compliant/gone bust, or subject to sanctions? Are these funds lodged in a place where only EPA can access ? In this case United Company Rusal IPJSC may have issues in paying ?

Closure & Restoration/Aftercare Plan (CRAMP) for Aughinish Alumina

Environmental Liabilities Risk Assessment (ELRA) for Aughinish Alumina

Srahmore Peat Deposition Site

Surrender of EPA Licence by Bord na Mona Energy Ltd in August 2021

Closed/inactive peat disposal facility at Srahmore, Bangor-Erris, Co. Mayo

The site received its last tonne of peat in 2013 and has been in decommissioning and rehabilitated phases in accordance with the ELRA & Cramps submitted.

As part of the Corrib On-shore Pipeline Development, a gas terminal site was constructed at Ballanaboy Bridge. During its construction, approximately 448, 000m3 of peat was excavated, then transported and deposited at the Srahmore Peat Deposition Site during 2005 and 2007.

As part of the next stage of the project, the re-routing of the on-shore pipeline required the relocation of up to 75,000m3 of peat to the Srahmore Deposition Site.

In total over 18,000 truck deliveries by road were carried out covering some 470,000 km of road transportation. In total 448,050 tonnes of peat was excavated, loaded for transportation,
received and deposited on the cutaway peatlands at Srahmore. Internally almost 50,000 tractor deposits took place with an approximate 150,000 km travelled on internal haul roads.

The aquatic habitats include the Munhin River, Owenmore River and Tullaghan Bay, which combined form the lower stretch of the Owenmore Catchment. The Owenmore Catchment covers an area of 340km2 and stretches from the tributaries entering the Oweninny River at Knockmoyle (cSAC), the Altnabrocky River that flows north through the Bellacorick Bog complex (cSAC) and those entering Lough Carrowmore (cSAC).

https://epawebapp.epa.ie/licences/lic_eDMS/rss/W0199-02.xml