EPA authorisations require closure plans, restoration/aftercare plans (e.g. RMPs, DMPs, CRAMPs) and environmental liabilities risk assessments (ELRAs) to be prepared to the satisfaction of and agreed with the EPA.
The EPA have issued a new guidance document Guidance on the Assessing and Costing of Environmental Liabilities (2014) which replaces the earlier Environmental Liability Risk Assessment, Residuals Management Plans and Financial Provision (EPA, 2006) guidance document. The guidance presents a systematic approach for preparing these reports and sets the standard required to meet EPA requirements.
The objective of the ELRA is to consider the risk associated with incidents occurring at a facility such as fires, spills, leaks etc.
The EPA will now assess all closure plans, restoration/aftercare plans and ELRAs against the requirements of the new Guidance and will not be in a position to agree them unless they meet the requirements specified. The EPA have advised that Licensees should take the earliest possible chance to review existing reports and, in particular, ensure they are up to date before submitting them to the EPA in cases where agreement is being sought in relation to closure, restoration/aftercare, ELRA or financial provision.
Guidance on Assessing and Costing Environmental Liabilities does not provide guidance on financial provision which is going to be dealt with as a separate process.
McCarthy Keville O’Sullivan Limited can compile the ELRA in accordance with the new guidance document and advise on the likely financial provision options available.