The Environmental Protection Agency Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Environmental Protection Agency The Environmental Protection Agency (EPA) is responsible for protecting and improving the environment as a valuable asset for the people of Ireland. We are committed to protecting people and the environment from the harmful effects of radiation and pollution. The work of the EPA can be divided into three main areas: • Regulation: We implement effective regulation and environmental compliance systems to deliver good environmental outcomes and target those who don’t comply. • Knowledge: We provide high quality, targeted and timely environmental data, information and assessment to inform decision making at all levels. • Advocacy: We work with others to advocate for a clean, productive and well protected environment and for sustainable environmental behaviour. MONITORING, ANALYSING AND REPORTING ON THE ENVIRONMENT • Monitoring air quality and implementing the EU Clean Air for Europe (CAFÉ) Directive. • Independent reporting to inform decision making by national and local government (e.g. periodic reporting on the State of Ireland’s Environment and Indicator Reports). REGULATING IRELAND’S GREENHOUSE GAS EMISSIONS • Preparing Ireland’s greenhouse gas inventories and projections. • Implementing the Emissions Trading Directive, for over 100 of the largest producers of carbon dioxide in Ireland. ENVIRONMENTAL RESEARCH AND DEVELOPMENT Our Responsibilities • Funding environmental research to identify pressures, inform policy and provide solutions in the areas of climate, water and sustainability. LICENSING STRATEGIC ENVIRONMENTAL ASSESSMENT We regulate the following activities so that they do not endanger human health or harm the environment: • Assessing the impact of proposed plans and programmes on the Irish environment (e.g. major development plans). • waste facilities (e.g. landfills, incinerators, waste transfer stations); RADIOLOGICAL PROTECTION • large scale industrial activities (e.g. pharmaceutical, cement manufacturing, power plants); • Monitoring radiation levels, assessing exposure of people in Ireland to ionising radiation. • intensive agriculture (e.g. pigs, poultry); • Assisting in developing national plans for emergencies arising from nuclear accidents. • the contained use and controlled release of Genetically Modified Organisms (GMOs); • sources of ionising radiation (e.g. x-ray and radiotherapy equipment, industrial sources); • large petrol storage facilities; • Monitoring developments abroad relating to nuclear installations and radiological safety. • Providing, or overseeing the provision of, specialist radiation protection services. • waste water discharges; GUIDANCE, ACCESSIBLE INFORMATION AND EDUCATION • dumping at sea activities. • Providing advice and guidance to industry and the public on environmental and radiological protection topics. NATIONAL ENVIRONMENTAL ENFORCEMENT • Conducting an annual programme of audits and inspections of EPA licensed facilities. • Providing timely and easily accessible environmental information to encourage public participation in environmental decision-making (e.g. My Local Environment, Radon Maps). • Overseeing local authorities’ environmental protection responsibilities. • Advising Government on matters relating to radiological safety and emergency response. • Supervising the supply of drinking water by public water suppliers. • Developing a National Hazardous Waste Management Plan to prevent and manage hazardous waste. • Working with local authorities and other agencies to tackle environmental crime by coordinating a national enforcement network, targeting offenders and overseeing remediation. AWARENESS RAISING AND BEHAVIOURAL CHANGE • Enforcing Regulations such as Waste Electrical and Electronic Equipment (WEEE), Restriction of Hazardous Substances (RoHS) and substances that deplete the ozone layer. • Generating greater environmental awareness and influencing positive behavioural change by supporting businesses, communities and householders to become more resource efficient. • Prosecuting those who flout environmental law and damage the environment. • Promoting radon testing in homes and workplaces and encouraging remediation where necessary. WATER MANAGEMENT • Monitoring and reporting on the quality of rivers, lakes, transitional and coastal waters of Ireland and groundwaters; measuring water levels and river flows. • National coordination and oversight of the Water Framework Directive. • Monitoring and reporting on Bathing Water Quality. MANAGEMENT AND STRUCTURE OF THE EPA The EPA is managed by a full time Board, consisting of a Director General and five Directors. The work is carried out across five Offices: • Office of Environmental Sustainability • Office of Environmental Enforcement • Office of Evidence and Assessment • Office of Radiation Protection and Environmental Monitoring • Office of Communications and Corporate Services The EPA is assisted by an Advisory Committee of twelve members who meet regularly to discuss issues of concern and provide advice to the Board. Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks ENVIRONMENTAL PROTECTION AGENCY An Ghniomhaireacht um Chaomhnú Comhshaoil PO Box 3000, Johnstown Castle, Co. Wexford, Ireland Telephone: +353 53 916 0600  Fax: +353 53 916 0699 Email: info@epa.ie  Website: www.epa.ie © Environmental Protection Agency 2020 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Disclaimer Although every effort has been made to ensure the accuracy of the material contained in this publication, complete accuracy cannot be guaranteed. Neither the Environmental Protection Agency nor the editor accepts any responsibility whatsoever for loss or damage occasioned or claimed to have been occasioned, in part or in full, as a consequence of any person acting, or refraining from acting, as a result of a matter contained in this publication. All or part of this publication may be reproduced without further permission, provided the source is acknowledged. ISBN: 978-1-84095-859-1 Page ii Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Table of Contents Executive Summary 4 Report Record of Findings 10 Section 1 Introduction, Scope and Methodology 12 Section 2 Relevant Legislation and Guidance 20 Section 3 Roles and Responsibilities 26 Section 4 Engagement with Relevant Organisations 30 Section 5 EPA Evaluation and Findings 36 Section 6 Conclusion and Recommendations 48 Appendix 1 Initial Correspondence from ESB Networks 52 Appendix 2 Maps 54 Appendix 3 Legislation 56 Appendix 4 Table and Figures 64 Appendix 5 ESB Networks Fluid Filled Cable Protocols 72 Page 1 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Executive Summary Page 3 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Executive Summary The EPA became aware of losses of fluid from underground ESB Networks electricity cables in May 2019 following receipt of enquiries from RTE. The EPA received a letter from ESB Networks, 27th May 2019, which briefly outlined the extent of the underground fluid filled cables, insulating fluid, leaks associated with the cables, questions regarding reporting obligations to the EPA and a request for a meeting. The EPA announced that it would investigate the fluid filled cables leaks. EPA engaged with Waterways Ireland, Dublin City Council and Commission for Regulation of Utilities in June 2019. On the 11th June 2019 EPA met with ESB Networks where they agreed to prepare a report addressing the extent and nature of fluid filled cables; the type of fluids used and their classification; the maintenance and monitoring of cables for leaks; action and procedures for when a leak is detected (identification of leak, reporting, impact assessment, repair, mitigation (time frame)) as well as the extent of the leaks and the reporting to regulatory bodies that ESB Networks had undertaken with regard to the leaks. Scope and Objectives of the Investigation With these reports from ESB Networks, the EPA was then able to define the scope and objectives of the investigation in August 2019, as follows: n n n n establish the nature and scale of fluid filled cables in the control of ESB Networks and the nature of the fluid used in the cables, its classification (hazardous/non-hazardous) and risk to ground, waterbodies and other receptors; review the reporting by ESB Networks prior to June 2019 and their future reporting protocol proposal; evaluate the Environmental Liability Regulations Screening Report, to be completed by ESB Networks and establish if any historical leaks should have been reported to the EPA under the Environmental Liability Regulations 2008; evaluate the approach being taken by ESB Networks to assess historical leaks from fluid filled cables (Historic Fluid Incident Response Protocol) and comment on the progress by ESB Networks towards completing the environmental assessment. The EPA investigation focused on gathering information from ESB Networks. The information provided by ESB Networks was validated and confirmed by engaging with relevant bodies: The Commission for Regulation of Utilities, relevant Local Authorities, Waterways Ireland, Mr O’Loughlin, Energy Networks Association, Environment Agency, and relevant Government Departments. Page 4 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Nature and Extent of Leakage from Fluid Filled Cables Based on the investigations the EPA understand that underground fluid filled electrical cables were installed between 1950 and 1989 by ESB Networks. ESB Networks installed approximately 221km of fluid filled cables during this period, of which approximately 44km have since been replaced with polyethylene (XLPE) cables which do not require fluid. Since 1980 there has been a gradual transition, for installation of new cables, from fluid filled cables to polyethylene (XLPE) cables. Fluid filled cables remain functional for the transmission of electricity, however, due to deterioration, vegetative intrusion and/or third-party excavation works these cables may leak fluid to the environment. ESB Networks have confirmed that 68 ‘historic’ leaks have occurred from fluid filled cables located within five Local Authority areas between 1993 and June 2019. In addition, there are seven ‘current and new’ leaks since June 2019. ESB Networks have stated they were ‘not able to locate any information on identified leaks or rate of leakage prior to 1993’. Nature of the Cable Fluids The fluid used as an insulating liquid in the fluid filled cables was originally mineral oil (cables installed between 1950 and 1974) and thereafter linear alkylbenzene (LAB) (cables installed between 1964 and 1989). When fluid filled cables lose fluid to the environment as the result of a leak the fluid must be replaced to ensure continuity of electricity transmission. Addition of fluid continues until the leak is located and repaired. Cable fluid added to fluid filled cables prior to approximately 1986 was mineral oil, thereafter linear alkylbenzene was used as replacement fluid. Mineral oil is classified as hazardous, linear alkyl benzene has been classified as non-hazardous since January 2019. ESB Networks have identified that the fluid lost from the fluid filled cable leaks is often a mix of mineral oil and linear alkyl benzene, therefore the fluid lost must be considered hazardous. The timeframe from initially identifying a loss of fluid to the repair of the cable has typically taken from 1 month to several years. Notification of Leaks and Protocols for Dealing with Leaks The EPA received two notifications from Electricity Supply Board regarding Marina Generating Station (Industrial Emissions Licence Reg. No. P0578-03) in November 2012 and Poolbeg Generating Station (Industrial Emissions Licence Reg. No. P0577-03) in 2006 concerning losses of fluid from cables. The Electricity Supply Board, Marina Generating Station, incident was investigated by the EPA who concluded that there was no evidence of environmental damage, and it was appropriately closed out. The Electricity Supply Board, Generating Station, Poolbeg incident was outside the installation licence boundary and the licensee would have been advised to notify the Local Authority. The Environmental Liability Regulations 2008, as amended, came into operation on 1st April 2009 and require an operator to take measures to prevent environmental damage where there is an imminent threat of same, or to prevent further damage if the damage has already occurred. Page 5 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks On 6th September 2019, ESB Networks completed a screening, in accordance with the Environmental Liabilities Regulations, of all leaks that occurred since April 2009. This screening identified 4 leaks with the potential to cause environmental damage as defined in the Regulations. The EPA has assessed the site assessment reports prepared by ESB Networks and, is now satisfied that there is no further action required under these Regulations in all the 4 cases. ESB Networks have established two protocols since commencement of the investigation, the first protocol relates to the leaks which occurred prior to June 2019 and the second relates to leaks occurring in June 2019 or which may occur in the future. The protocols identify the actions to be taken by ESB Networks, including notification, identification of location of leaks, repair of the leak, assessment of impact, and, if necessary, remediation of any impact associated with the leak. The protocols shall be amended and updated by ESB Networks based upon feedback from statutory and non-statutory bodies and experience. ESB Networks commenced an assessment of the environmental risk associated with fluid leaks which occurred prior to June 2019 on 5th June 2019. The assessment is being completed in accordance with EPA Guidance document ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’. Preliminary site assessments of each historic leak have been completed by ESB Networks. ESB Networks will commence intrusive investigations and environmental monitoring in January 2020, where necessary. ESB Networks have identified, in correspondence submitted to the EPA, that they will propose revision of the timeframe for decommissioning of fluid filled cables as part of their submission to the Commission for Regulation of Utilities under price review period 2020-2025. Conclusions on the Fluid Filled Cables Investigation The main conclusions arising from the EPA investigation: n n n n Page 6 There were 68 ‘historic’ leaks between 1993 and June 2019 and a further 7 ‘current and new’ leaks since June 2019. The locations and scale of each leak has been identified by ESB Networks and they are undertaking site specific investigations of each; The fluid used as an insulating liquid in cables was originally mineral oil and more recently linear alkyl benzene. Mineral oil is classified as hazardous while LAB is classified as non-hazardous. ESB have identified that the fluid lost from the cable leaks is often a mixture of mineral oil and LAB and therefore must be classified as hazardous; While ESB Networks report that they consulted a relevant authority regarding 20 of the 68 leaks identified prior to June 2019, ESB Networks failed in the case of 48 leaks to notify Local Authorities, in accordance with Section 14(1) of the Local Government (Water Pollution Act) 1977, as amended; ESB Networks failed to screen the impact of fluid leaks, which occurred since 1st April 2009, for the applicability under Regulations 7 and 9 of the European Communities (Environmental Liability) Regulations 2008, as amended, until after June 2019; Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks n n ESB Networks have established two protocols since June 2019 to deal with historic and future leaks and the EPA is satisfied with the approach and protocols now being implemented by ESB Networks to assess each leak and to engage with the relevant Local authorities; The EPA acknowledges that decommissioning of fluid filled cables can be a challenging process but considers fluid filled cables that have a high occurrence of leakage and are in proximity to sensitive receptors should be prioritised for decommissioning. Next steps ESB Networks shall follow their protocols for all historic and future leaks. In relation to historic leaks ESB Networks shall submit the preliminary site assessments to the relevant Local Authority for assessment in accordance with the Local Government (Water Pollution Act) 1977, as amended. In addition, ESB Networks shall complete ecological assessments, commence site investigations and environmental monitoring in January 2020 as necessary based on the preliminary site assessments and any feedback from the relevant Local Authorities. Detailed site assessment reports and generic qualitative risk assessments shall be competed for each leak and shall identify any corrective actions and remediations. Page 7 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Report Record of Findings Page 9 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Report Record of Findings This report records the findings under the following five sections: Section 1:  Introduction, Scope and Methodology The Environmental Protection Agency (EPA) took on the task to 1) investigate the circumstances of ESB Networks fluid filled cable leak incidents; 2) evaluate the approach being taken by ESB Networks to assess historical leaks from fluid filled cables and comment on the progress by ESB Networks towards completing environmental risk assessments; and 3) evaluate the approach being taken by ESB Networks for future leaks from fluid filled cables. Section 2:  Relevant Legislation and Guidance The principal legislative instruments that are applicable to this issue are: Local Government (Water Pollution) Act 1977, as amended; Environmental Protection Agency Act 1992, as amended; European Communities (Environmental Liability) Regulations 2008, as amended and the European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended. ESB Networks are using the framework of the ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’ for their environmental assessment of each leak. The EPA have published guidance to inform operators of their obligations under the European Communities (Environmental Liability) Regulations 2008, as amended, ‘Environmental Liability Regulations, Guidance Document‘. Section 3:  Roles and Responsibilities The relevant roles and responsibilities of the Environmental Protection Agency (EPA), Local Authority, Commission for Regulation of Utilities and ESB Networks are identified. Section 4:  Engagement with Relevant Organisations The engagement with ESB Networks and the various statutory and non-statutory bodies, identified as being central to completion of the investigation, is identified. The engagement sought to evaluate compliance with environmental legislation and validate information received. Section 5:  EPA Evaluation and Findings The EPA evaluation and findings arising from its review of the information obtained during the investigation. Section 6:  Conclusion and Recommendations Outlines the EPA conclusions and recommendations arising from the evaluation of the information and evidence gathered as part of the investigation and identifies the further site-specific investigations to be completed by ESB Networks. Page 10 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 1: Introduction, Scope and Methodology Page 11 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 1:  Introduction, Scope and Methodology Introduction The Environmental Protection Agency (EPA) became aware of losses of fluid from underground ESB Networks electricity cables in May 2019 following receipt of enquiries from RTE. The EPA, in a statement issued to RTE, confirmed that the EPA would investigate the ESB Networks fluid filled cable leaks. Following receipt of the RTE Investigates queries the EPA received a letter from ESB Networks (dated the 20th May 2019 and received on the 27th May 2019, Appendix 1) which briefly outlined the extent of the underground fluid filled cables, insulating fluid in the cables, leaks associated with these cables, queried reporting obligations to the EPA and requested a meeting with the EPA. The EPA engaged with Waterways Ireland, Dublin City Council and Commission for Regulation of Utilities in June 2019. On the 11th June 2019 EPA met with ESB Networks where they agreed to prepare a report addressing the extent and nature of fluid filled cables; the type of fluids used and their classification; the maintenance and monitoring of cables for leaks; action and procedures for when a leak is detected (identification of leak, reporting, impact assessment, repair, mitigation (time frame)) as well as the extent of the leaks and the reporting to regulatory bodies that ESB Networks had undertaken with regard to the leaks. With these reports from ESB Networks, the EPA was then able to define the scope and objectives of the investigation in August 2019, as follows: n n n n Page 12 establish the nature and scale of fluid filled cables in the control of ESB Networks and the nature of the fluid used in the cables, its classification (hazardous/non-hazardous) and risk to ground, waterbodies and other receptors; review the reporting by ESB Networks prior to June 2019 and their future reporting protocol; evaluate the Environmental Liability Regulations Screening Report, to be completed by ESB Networks and establish if any historical leaks should have been reported to the EPA under the Environmental Liability Regulations 2008; evaluate the approach being taken by ESB Networks to assess historical leaks from fluid filled cables (Historic Fluid Incident Response Protocol) and comment on the progress by ESB Networks towards completing the environmental assessment. Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Fluid Filled Cables Fluid filled cables are a legacy technology for transmitting electricity underground. The fluid acts as an insulating medium to ensure efficient cable operation. Underground cable technology has developed over time with improvements in materials, science and engineering. Fluid filled cable technology has been replaced with solid insulated cables, however, approximately 177km of fluid filled cables remain in service in 2019. ESB Networks have outlined in ESB Networks report entitled ‘Preliminary Environmental Sensitivity Assessment Report of Fluid Filled Cable Leakages Updated (Dated September 2019)’ three distinct cable technology periods as outlined in Figure 1.0: Cable Type Usage History. Figure 1.0:  Cable type usage history 1964 First Use of Linear Alkyl Benzene Fluid 1950 First Fluid Filled Cable 1950 1955 1960 1965 1974 1980 1989 Last Use First Use Last Fluid of Mineral of Plastic Filled Cable Oil XLPE Cable Installed 1970 1975 1980 1985 1990 1995 2000 Present Mineral Oil Period Transition Period Linear Alkyl Benzene Period Transition Period Plastic XLPE Cable Period During 1950-1974 fluid filled cables used mineral oil to impregnate the paper within the cables and provide insulation. During 1964 – 1989 an alternative fluid was used called linear alkyl benzene. Plastic cables were installed from 1980, these cables used a plastic compound called cross-linked polyethylene (XLPE) and didn’t require insulating fluid. There was a gradual transition between each technology and therefore an overlap of technologies occurred as indicated in Figure 1.0: Cable type usage history. Many fluid filled cables remain in operation, in Ireland and worldwide. They continue to transmit electricity, however leakage of cable fluid may occur as a result of wear and tear, vegetative intrusion or third-party excavation works. Replacement of fluid filled cables in urban areas is challenging for many reasons including the need for road closures, interaction with other underground services, third party land access and electricity outages. Fluid which leaks from cables must be replaced to maintain electricity transmission prior to repair of the leak. ESB Networks therefore continue to add fluid to maintain the insulating function and ensure the cables continue to transmit electricity until the fluid filled cable is repaired or replaced. The lost fluid has the potential to impact on the receiving environment including land, surface water, and groundwater. Page 13 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Fluid filled cables are mainly located in population centres but can pass through or adjacent to sensitive areas such as Special Areas of Conservation, Special Protected Areas, Natural Heritage Areas, proposed Natural Heritage Areas, designated bathing waters, wells, groundwater bodies, surface waters and canals. ESB Networks have confirmed that there are fluid filled cables located in the following Local Authority areas: Dublin City Council, Dun Laoghaire-Rathdown County Council, South Dublin County Council, Fingal County Council, Cork City Council, Cork County Council, Limerick County Council, Clare County Council, Wicklow County Council, Wexford County Council and Kerry County Council as detailed in Figure 1.1: Overview map of ESB Networks Fluid Filled Cable Locations (ESB Networks December 2019). Figure 1.1:  Details the national extent of ESB Networks fluid filled cable locations. ESB Networks have confirmed that 68 ‘historic’ leaks have occurred from fluid filled cables located within five Local Authority areas (Dublin City Council, Dun Laoghaire-Rathdown County Council, South Dublin County Council, Wicklow County Council, Cork City Council) between 1993 and June 2019 (Appendix 2, Maps). In addition, there are seven current or new leaks since June 2019. ESB Networks have stated that they were ‘not able to locate any information on identified leaks or leakage prior to 1993’. Page 14 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks ESB Networks fluid filled cable status and replacement programme ESB Networks installed approximatley 221 km of fluid-filled cables across low pressure and high-pressure circuits between 1950 and 1989. ESB Networks identified that they commenced a replacement programme for fluid filled cables in 2005, to date 20% (approximately 44km) of the fluid filled cables have been replaced with a polyethylene (XLPE) cable, leaving 83 fluid-cables circuits with a total length of 177km in service. ESB Networks state that this programme has removed 40% of the cable fluid leaks from the system, however records provided by ESB Networks record leakage rates of between 7,050 and 40,980 litres per annum (2007-2019). High pressure cables have not been identified by ESB Networks for immediate replacement due to their relatively young age, construction, location and low risk from common causes of damage (i.e. third-party excavation works). The Commission for Regulation of Utilities has the overall responsibility for approving ESB Networks’ capital expenditure programme which includes replacement of fluid filled cables. The capital expenditure programmes are set over 5-year periods and are referred to as price review (PR) periods. PR1 covered 2001 to 2005, PR2 2006 to 2010, PR3 2011 to 2015, PR4 2016 to 2020 and PR5 will cover 2020 to 2025. Submissions on price review period (PR5 2020-2025) are due to be submitted by ESB Networks in late 2019, Commission for Regulation of Utilities will then assess the submission and issue a decision for the price review period 2020-2025. ESB Networks fluid filled replacement programme (40-year replacement programme 2010 to 2050) was proposed and agreed by Commission for Regulation of Utilities for inclusion in the regulatory price review period PR2 (2006 to 2010). The replacement programme will continue to form part of the capital expenditure plan for price review period, PR5 2020 to 2025. ESB Networks have indicated to the EPA, during a meeting on 27th August 2019 and information provided on the 6th September 2019, that they will be proposing a new replacement strategy in their submission to Commission for Regulation of Utilities. The new replacement strategy will have fluid filled cables replaced within the next 15 years, by 2035 (Table 1.1 refers). The fluid filled cable replacement programme is based upon several criteria, including environmental risk and continued security of supply. Table 1.1:  Cable replacement programme as outlined in ESB Networks report entitled ‘Preliminary Environmental Sensitivity Assessment Report of Fluid Filled Cable Leakages Updated (Dated September 2019)’ received by the EPA from ESB Networks on the 6th September 2019. Period 220 kV Cables 110 kV Cables 38 kV Cables Total 2020-2025 50km 11km 20km 81km 2025-2030 15km 5km 32km 52km 14km 30km 44km 2030-2035 Grand Total 177km Page 15 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Methodology The EPA has applied an investigative approach based largely on gathering data and verifying sources of information through engagement and assistance with relevant statutory, non-statutory bodies and Mr O’Loughlin. Statutory powers have been utilised, as appropriate. The EPA reviewed its records to confirm if it had previously received correspondence or related queries in relation to fluid filled cable leaks. This exercise identified two incident notifications from Electricity Supply Board regarding Marina Generating Station (Industrial Emissions Licence Reg. No. P0578-03) in November 2012 and Poolbeg Generating Station (Industrial Emissions Licence Reg. No. P0577-03) in 2006. In early June 2019 the EPA engaged with Waterways Ireland, Dublin City Council, Commission for Regulation of Utilities, Department of Housing, Planning and Local Government, Department of Communications, Climate Change and Environment and RTE. These engagements assisted in establishing the initial level of knowledge in relation to fluid filled cable leaks. Based on the initial information gathered the EPA identified the relevant legislation and guidance. The legislation and guidance identified ESB Networks obligations to notify statutory bodies of fluid filled cable leaks to the environment and put measures in place to prevent/limit environmental pollution. The EPA defined the scope and objectives of the initial meeting with ESB Networks on the 11th June 2019. The Agenda proposed by the EPA included the following: n Extent and nature of fluid filled cables; n Type of oils used and their classification; n Maintenance and monitoring of cables for leaks by ESB Networks; n Action/procedures when a leak us detected; • Identification of leak • Reporting • Impact assessment • Repair, mitigation (time frame) n Extent of leaks and reporting to regulatory bodies. On conclusion of the meeting ESB Networks agreed to complete the following actions: n n n Page 16 a report addressing the agenda items and provide a schedule of initial actions and time frames for completion of each action; prepare a scoping document for a detailed review of fluid filled cables leaks and the environmental risk assessment of losses from fluid filled cables; complete an environmental risk assessment in accordance with relevant guidance documents including ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA licensed Sites’; Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks n n current/future reporting process shall be prepared by ESB Networks. The future reporting shall address all statutory/formal notification requirements and identify appropriate informal (non-statutory) notifications; complete an Environmental Liability Regulations Assessment Report addressing all fluid filled cables losses and submit the report to the EPA. Since the meeting, ESB Networks have provided the information associated with the agreed actions and have continued to provide further information as requested by the EPA. The following scope and objectives of the investigation were defined in August 2019, as follows: n establish the nature and scale of fluid filled cables in the control of ESB Networks and the nature of the fluid used in the cables, its classification (hazardous/non-hazardous) and risk to ground, waterbodies and other receptors; n review the reporting by ESB Networks prior to June 2019 and their future reporting protocol; n evaluate the Environmental Liability Regulations Screening Report, to be completed by ESB Networks and establish if any historical leaks should have been reported to the EPA in accordance with the Environmental Liability Regulations 2008, as amended; n evaluate the approach being taken by ESB Networks to assess historical leaks from fluid filled cables (Historic Fluid Incident Response Protocol) and comment on the progress by ESB Networks towards completing the environmental assessment. EPA held a further meeting with ESB Networks on the 27th August 2019 which focused primarily on their obligations under the Environmental Liability Regulations 2008, as amended. Commission for Regulation of Utilities, the economic regulator of ESB Networks, provided the EPA with annual environmental performance reports submitted to Commission for Regulation of Utilities by ESB Networks for the years 2006 to 2017. Relevant local authorities were requested under Section 63 of the Environmental Protection Agency Act 1992, as amended, to verify information received by the EPA from ESB Networks. The EPA has acquired international information in relation to fluid filled cables. The EPA ascertained the Environment Agency’s view on the extent of the fluid filled cable leaks in the United Kingdom and their role in enforcement and advocacy. The EPA acquired the Energy Networks Association (represents the electricity transmission and distribution network licensed operators) ‘Guidance for the Operation and Management of Fluid Filled Cables, Engineering Recommendation C135 (Issue 1 2016)’ and the ‘Environment Agency and Electricity Companies (in England and Wales), Operating Code on the Management of Fluid-Filled Cable Systems (Issue 3)’. Documentary analysis was carried out to evaluate compliance with environmental legislation and guidance, and what the findings may mean for the EPA, Local Authority, and ESB Networks with regard breaches of environmental legislation, investigations and environmental assessment. Page 17 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 2: Relevant Legislation and Guidance Page 19 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 2:  Relevant Legislation and Guidance The EPA has identified four legislative instruments which are applicable to the fluid filled cable leaks to the environment. These pieces of legislation assisted the EPA in establishing the applicable statutory responsibilities of the respective parties. The EPA has published guidance on the European Communities (Environmental Liability) Regulations 2008 entitled ‘Environmental Liability Regulations, Guidance Document’ and the ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’. The principal legislative instruments that are applicable to this issue include the following: n Local Government (Water Pollution) Act 1977, as amended; n Environmental Protection Agency Act 1992, as amended; n European Communities (Environmental Liability) Regulations 2008, as amended; and n European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended. Local Government (Water Pollution) Act 1977, as amended The Local Government (Water Pollution) Act 1977, as amended, (Water Pollution Act) came into force on 15th March 1977. The Water Pollution Act provides for the control of water pollution and for other matters connected with water pollution. The local authorities have generally been designated as the competent authority for all aspects of the Water Pollution Act. The Water Pollution Act prohibits the introduction of polluting matter to waters. In the instance whereby, a person may cause or permit an accidental discharge(s) of polluting matter to waters (river, stream, canal, reservoir, aquifer, pond, watercourse or other inland waters), the Water Pollution Act provides that the person responsible shall notify the local authority (in whose functional area the discharge occurred) after the occurrence under Section 14 (1). If the person responsible fails to notify the local authority it will be guilty of an offence and liable to prosecution under the Water Pollution Act. Environmental Protection Agency Act 1992, as amended The Environmental Protection Agency Act 1992, as amended, (EPA Act) came into force on 23rd April 1992. The purpose of the EPA Act was to make provision for the protection of the environment and the control of pollution. The EPA Act provides for the EPA to oversee local authorities’ environmental protection performance under Section 63. Page 20 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks European Communities (Environmental Liability) Regulations 2008, as amended The European Communities (Environmental Liability) Regulations 2008, as amended (Environmental Liability Regulations) came into force on the 1st of April 2009. The regulations transpose European Union Directive 2004/35/CE (21st April 2004) on environmental liability with regard to the prevention and remedying of environmental damage. The purpose of the Environmental Liability Regulations 2008 is to establish a framework of environmental liability to prevent and remedy environmental damage. The EPA is the designated competent authority for all aspects of the Environmental Liability Regulations. The Environmental Liability Regulations define environmental damage under three categories: n damage to natural habitats and protected species; n water damage; or n land damage. The Environmental Liability Regulations apply strict liability for any cases of environmental damage/ imminent threat of environmental damage caused by the activities listed in Schedule 3 of the Environmental Liability Regulations. Activities listed in Schedule 3 include EPA and local authority licensed or permitted facilities where the activities are concerned with discharges. The regulations also apply fault-based liability to any other operators for cases of damage to protected species and natural habitats. Regulation 7 and 9 place obligations on the operator to in the first instance take measures to prevent environmental damage where there is an imminent threat of same, or to prevent further damage if the damage has already occurred, and to notify the EPA of any imminent threat which cannot be dispelled or if environmental damage has occurred. If the person responsible fails to comply with Regulation 7 and 9 it will by guilty of an offence and liable to prosecution under the Environmental Liability Regulations. The EPA is statutorily required (Regulation 8 or 10, as appropriate) to issue directions to operators where it is aware of cases of imminent threat or environmental damage, seek information and instruct the operator to take preventative/remedial measures. Failure of the operator to comply with any of these directions is an offence and liable to prosecution under the Environmental Liability Regulations. Page 21 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended The European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended (Groundwater Regulations) transpose European Union Directive 2004/118/EC (12th December 2006) on the protection of groundwater against pollution and deterioration. Regulation 9(a-b) states that hazardous substances must be prevented from entering groundwater, and the input of non-hazardous substances must be limited to ensure that such inputs do not cause a deterioration in groundwater status or cause significant and sustained upward trends in the concentration of pollutants in groundwater. Appropriate controls should be placed, by operators, on activities that discharge substances to groundwater. Controls are required to prevent leaks of non-hazardous substance because chronic losses over decades may cause an environmental impact, whereas leaks of hazardous substances should be prevented from entering the environment because of the immediate and/or longer-term impact they can cause. It is an offence not to comply with a requirement of the Groundwater Regulations (Regulation 21). If the person responsible fails to comply it will be guilty of an offence and liable to prosecution. The Regulations identify the EPA, relevant Local Authorities and the Electricity Supply Board as relevant public authorities. Regulation 4 states that the relevant public authorities shall promote compliance with the requirements of the Groundwater Regulations. See Appendix 3 Legislation for further detail and relevant extracts from the legislation. The relevant EPA published guidance documents that are applicable to this issue include the following: Page 22 n Environmental Liability Regulations, Guidance Document; and n EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites. Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Environmental Liability Regulations, Guidance Document The EPA ‘Environmental Liability Regulations, Guidance Document’ was published in 2011. The guidance document describes the main provisions of the Environmental Liability Regulations. The principle aim is to inform operators, persons whose activities have the potential to cause either an imminent threat of environmental damage or actual environmental damage, about when the Environmental Liability Regulations apply and the requirements for those concerned. The EPA ‘Environmental Liability Regulations, Guidance Document’ addresses the following: n the Environmental Liability Regulations; n roles and responsibilities; n risk management; n determination of environmental damage; and n remediation measures. EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites The ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’ was published in 2013. The principal aim in dealing with contaminated land and groundwater related issues is to secure the protection of human health, water bodies (including groundwater) and the wider environment. The guidance ensures that the standard of works undertaken is adequate, that issues are understood and dealt with appropriately and that both operators and the statutory bodies achieve the aim of closing issues out in an efficient manner. The ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’ adheres to the following 3 stage approach: n Stage 1 Site characterisation and assessment; n Stage 2 Corrective action feasibility and design; n Stage 3 Corrective action implementation and aftercare. Timeframes for completion of the risk-based assessments is based on site specific circumstances, the EPA guidance document indicates that Stage 1 of the risk-based assessment approach may take 3-18 months. Stage 2, if deemed necessary, takes 6-12 months and stage 3, if needed, typically takes a number of years. Page 23 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 3: Roles and Responsibilities Page 25 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 3:  Roles and Responsibilities The EPA has established that the following organisations are involved, in their respective roles: n n n n EPA, the investigating authority, the competent authority for Environmental Liability Regulations 2008, and its supervisory role over the performance of statutory functions by local authorities; Local Authorities, fluid filled cables are present in the functional area of eleven local authorities, the leaks to date from the fluid filled cables occurred within the functional area of five local authorities. Local Authorities are the competent authority for the Water Pollution Act; Commission for Regulation of Utilities, the economic regulator of ESB Networks, licence ESB Networks and must approve and review the 5-year price review periods; and ESB Networks, the owner/operator of the fluid filled cables and therefore responsible for leaks arising therefrom. The role of the EPA The EPA is an independent statutory body established under the Environmental Protection Agency Act, 1992. EPA’s mission is ‘To protect and improve the environment as a valuable asset for the people of Ireland. To protect our people and the environment from the harmful effects of radiation and pollution’. The EPA has a wide range of responsibilities, including: n n n Regulation, licensing and permitting, industrial and waste enforcement, water infrastructure, and local authority performance; Knowledge, monitoring and assessment (air quality and water quality), research, and accessible information; and Advocacy, awareness raising and promoting sustainable behaviour. The EPA discharges its wide range of functions through enforcement actions, consultation, engagement, cooperation and mutual assistance with other regulatory bodies and agencies to achieve environmental protection. In relation to fluid filled cables the EPA has taken the role of investigating the nature and extent of the cable leaks, the EPA is the competent authority for the Environmental Liability Regulations and has a supervisory role for Local Authorities environmental functions under Section 63 of the EPA Act. In addition, the EPA licence (Industrial Emissions Licence) Electricity Supply Board Generating Stations. The EPA has established memorandum of understandings with other regulatory bodies and agencies. A revised memorandum of understanding between the EPA and the Commission for Regulation of Utilities was signed in April 2019. Page 26 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The role of the Local Authority in Environmental Enforcement The local authority is a statutory public body established under the Local Government Acts 1925, as amended. They are multi-purpose bodies with responsibility for promoting the community interest. They do this through delivering a broad range of services in relation to roads, traffic, planning, housing, economic and community development, environment, recreation and amenity services, fire services and maintaining the register of electors. There are 31 local authorities that implement and enforce over 500 environmental protection obligations arising from more than 100 pieces of legislation. The local authorities derive their main environmental protection functions from the Water Pollution Act, the Waste Management Act 1996, as amended, and the Air Pollution Act 1987. The role of the Commission for Regulation of Utilities The CRU is a statutory public body established in 1999 under the Electricity Regulation Act 1999. CRU is responsible for protecting the public interest in water, energy and energy safety. CRU is the economic regulator for the energy and public water sectors in Ireland and safety regulator in the energy sector. The CRU has issued operating authorisations to ESB Networks. The licences control ESB Networks operation, maintenance and development of the electricity distribution system. The mechanism by which the CRU sets revenue allowances for ESB Networks is through a five-year revenue allowance process, referred to as a price review (PR). Given the statutory role of the CRU, they do not become involved in the day-to-day decisionmaking or management of ESB Networks. Their role is to challenge ESB Networks to ensure efficient delivery of capital expenditure and ensure positive outcomes for consumers in continuity and quality of supply. The CRU measures and incentivises ESB Networks performance on metrics (such as customer minutes lost and customer interruptions). They do not specifically measure or incentivise ESB Networks performance in environmental outcomes. ESB Networks provide an annual environmental performance report to CRU, as required by Condition 30 of the Distribution System Operator Licence1. 1 https://www.cru.ie/wp-content/uploads/2009/07/cer09183.pdf, Condition 30 Environment Page 27 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The role of ESB Networks ESB Networks finances, builds and maintains the over ground and under-ground electrical transmission system and distribution system. The transmission system carries electricity flows from power generation stations to bulk supply points near Ireland’s cities and towns where it interconnects with the distribution system. The distribution system allows for the flow of electricity from the transmission system to 2.3 million customer premises in Ireland. It comprises networks operating at 110kV in the Dublin area, and nationwide the networks operating at 38kV, 20kV and 10kV and low voltage ESB Networks is the licensed distribution system operator and owner and, as such, takes independent decisions to prioritise infrastructure investment based on its statutory function to operate, maintain and develop the network. ESB Networks performs its transmission systems functions under the direction of Eirgrid. Eirgrid is an independent state-owned company which manages the power flows on the transmission system including controlling the electricity generated by all the major generation facilities. Eirgrid also plans the development of the transmission system to ensure that it is adequate to meet the growing demand for electricity into the future and to accommodate the increased proportion of electricity that will be provided by renewable sources.2 2 https://www.esbnetworks.ie/who-we-are/our-networks Page 28 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 4: Engagement with Relevant Organisations Page 29 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 4:  Engagement with Relevant Organisations The EPA has engaged with ESB Networks and the following Local Authorities, State Bodies, Government Departments and interested parties during its investigation: n Commission for Regulation of Utilities (CRU); n Waterways Ireland; n Local Authorities (Dublin City Council, South Dublin County Council, Dun Laoghaire-Rathdown County Council, Wicklow County Council and Cork City Council); n Department of Communications, Climate Action and Environment; n Department of Housing, Planning and Local Government; n Mr O’Loughlin; n Energy Networks Association; n Environment Agency. The purpose of the broad engagement was to: n Evaluate ESB Networks’ compliance with their environmental obligations; n Evaluate local authority statutory environmental performance in the context of the cable leaks; n n n Page 30 Validate information provided by ESB Networks in relation to the nature, source and cause of the fluid filled cable leaks; Validate information provided by ESB Networks on price review and fluid filled cable replacement programme; and Ascertain the international experience, enforcement and advocacy approach to fluid filled underground electricity cables and associated leaks. Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks ESB Networks ESB Networks are central to completion of the investigation as they are the body which holds the necessary information about the fluid filled cables, insulating fluid, location and scale of historical leaks. The EPA have been engaging with ESB Networks since 27th May 2019 through the exchange of letters, emails, telephone conference calls and meetings. ESB Networks have provided significant documentation in response to requests for information, the following are the principle documents received: n n n n Historic Cable Fluid Incident Response Protocol, dated September 2019, in relation to cables leaks which occurred and were repaired prior to June 2019; Cable Fluid Incident Response Protocol, dated September 2019, in relation to cables leaks which were leaking in June 2019 or leaks which occur post June 2019; Preliminary Environmental Sensitivity Assessment Report of Fluid Filled Cable Leakages, dated September 2019, outlining the nature/extent of fluid filled cables, identifies ‘historic’ and ‘current’ leaks and environmental risk assessment approach; and Cable Fluid Assessment dated September 2019, which outlines the hazardous/non-hazardous assessment of cable fluids, key properties, fate and transport in the environment. ESB Networks have developed a webpage on their company website which provides information on cable leak locations https://www.esbnetworks.ie/acting-responsibly/environmental-information. Commission for Regulation of Utilities ESB Networks operate under licences issued by CRU. The licences control ESB Networks operation, maintenance and development of the electricity distribution system. ESB Networks are required to submit Annual Environmental Performance Reports to CRU in accordance with conditions of their Licences. They also have submitted capital expenditure plans for maintenance and development of the network in support of their ‘price reviews’ referred to as PR1 covered 2001 to 2005, PR2 2006 to 2010, PR3 2011 to 2015, PR4 2016 to 2020 and PR5 which will cover 2020 to 2025. The CRU provided the following documentation to the EPA in support of the investigation: n n n n ESB Networks Annual Environmental Performance Reports 2006 to 2017; Relevant sections of documentation, related to fluid filled cables, received from ESB Networks in support of their electricity ‘price reviews’; Volumes of fluid leakage per annum, as reported by ESB Networks; and Value of capital allowances for fluid filled cable replacement permitted under each ‘price review’ and actual spend reported by ESB Networks. Page 31 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Local Authorities Fluid filled cables are mainly located in the larger population centres, the majority of which are in Dublin. ESB Networks have confirmed that there are fluid filled cables located in the following Local Authorities: Dublin City Council, Dun Laoghaire-Rathdown County Council, South Dublin County Council, Fingal County Council, Cork City Council, Cork County Council, Limerick County Council, Clare County Council, Wicklow County Council, Wexford County Council and Kerry County Council (Figure 1.1: Overview map of ESB Networks Fluid Filled Cable Locations). ESB Networks have identified that cable fluid leaks have occurred in the following local authority areas (Appendix 2, Maps): n Dublin City Council; n South Dublin County Council; n Dun Laoghaire-Rathdown County Council; n Wicklow County Council; and n Cork City Council. Based on this information the EPA communicated by telephone and letter with these Local Authorities. The EPA invoked its supervisory powers under the Section 63 (1) of the EPA Act and requested, on the 24th September 2019 and 19th November 2019, that the five local authorities provide the EPA with a report on their performance (in relation to environmental protection) in relation to losses of insulating fluid from underground ESB Networks fluid filled cables. The Local Authorities were specifically requested to address the following points: i) Notification of losses received from ESB Networks, including scale of the losses, timeframe over which loss occurred and when the notification was received; ii) Assessments of environmental impact received from ESB Networks and/or completed by the Local Authority; iii) Engagement with ESB Networks since May 2019; and iv) Current communication arrangements between ESB Networks and the local authority regarding current and future fluid losses from underground cables. The EPA received a response, that addressed the above points, from each of the Local Authorities. The EPA has not engaged with the other Local Authorities within whose functional areas’ fluid filled cables are present as leaks from those cables have not been identified by ESB Networks. Therefore, the Local Authorities will hold no information on the fluid filled cables as there is no reporting or authorisation requirement prior to a leak occurring. Page 32 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Waterways Ireland Since 6th June 2019 the EPA have engaged with Waterways Ireland through telephone/conference calls and letter. Waterways Ireland confirmed that during the period 2012 to 2014 they had recorded and responded to water pollution incidents in canals associated with oil slicks. In 2014, ESB Networks acknowledged that a fluid filled cable leak incident resulted in fluid entering the Back Drain of the Grand Canal at Black Horse Bridge. ESB Networks completed mitigation measures in the canal over approximately 6 months. Waterways Ireland also recorded water pollution incidents concerning surfactants (frothing) in canals, however, the nature and source of the incidents were not confirmed or specifically linked to fluid filled cable leaks. The EPA received a letter on 16th July 2019 from Waterways Ireland notifying under the Environmental Liability Regulations 2008 of possible cable fluid leak incidents on lands owned and/or under the control of Waterways Ireland. EPA has acknowledged receipt of the letter. Mr O’Loughlin The EPA spoke with and met Mr O’Loughlin to seek clarification and provide him an opportunity to elaborate on his statement to the Joint Committee on Communications, Climate Action and Environment and issues raised in the RTE Investigates Programme. Energy Networks Association The EPA engaged by email with the Energy Networks Association Limited (Energy Networks Association). The Energy Networks Association represents the electricity transmission and distribution network licensed operators for electricity in the United Kingdom, ESB Networks is an Energy Networks Association Group Member. The EPA was provided with a copy of their protocol entitled ‘Guidance for the Operation and Management of Fluid Filled Cables, Engineering Recommendation C135 (Issue 1 2016)’ and the ‘Environment Agency and Electricity Companies (in England and Wales), Operating Code on the Management of Fluid-Filled Cable Systems (Issue 3)’. The operating code resulted from co-operative initiatives between the Energy Networks Association and the Environment Agency. Environment Agency, United Kingdom The Environment Agency outlined the extent and nature of fluid filled cables; the type of fluids used and their classification; the maintenance and monitoring of cables for leaks by electricity transmission and distribution network licensed operators; action and procedures for when a leak is detected, the engagement and protocols in place for investigations. The Environment Agency discussed their role and responsibility in relation to leaks from fluid filled cables. Page 33 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The Environment Agency engages with the Energy Networks Associations in relation to fluid filled cables. In March 2010, the Environment Agency and the Energy Networks Association signed a partnership agreement entitled ‘Environment Agency and Electricity Companies (in England and Wales), Operating Code on the Management of Fluid-Filled Cable Systems (Issue 3)’. The purpose of which was to promote and support best practice among the electricity transmission and distribution networks licensed operators. The main obligations for electricity transmission and distribution network operators under the operating code include the following: n n n n determine which parts of each cable route pass through sensitive areas; report monthly leaks exceeding 40 litres/month in sensitive areas and leaks exceeding 100 litres/month elsewhere; carry out leak location, repair and remediation 1) in sensitive areas by consulting with the Environment Agency and 2) in other areas without delay for leaks above 100 litres/month or within two months for leaks below 100 litres/month; and use Best Available Techniques within the industry to reduce leak rates. While the operating code provides for a consistent and proportionate response, it does not preclude the taking of enforcement action by the Environment Agency. The Environment Agency and the Energy Network Association established a working group to address the long-term replacement of fluid filled cables. The working group objectives are to establish and promote best practice in the operational management of the cable network together with a risk-based approach to strategic replacement. Their main objectives include the following: Page 34 n reduction in total fluid lost; n reduced leakage in environmentally sensitive areas; and n replacement rates in sensitive areas. Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 5: Environmental Protection Agency Evaluation and Findings Page 35 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 5:  Environmental Protection Agency Evaluation and Findings The investigation examines: n n fluid filled cable leaks which occurred prior to June 2019, these have been repaired and are no longer leaking fluid to the environment, historic leaks. The historic leaks are subdivided into those which occurred prior to 1st April 2009, which are not subject to Environmental Liability Regulations, and those occurring since 1st April 2009 which are subject to Environmental Liability Regulations; and fluid filled cable leaks that were occurring in June 2019 or commence since June 2019, current leaks. The protocols developed by ESB Networks since June 2019 also similarly differentiate between historic and current leaks. ESB Networks have provided details of the historic and current leaks, including description (location), leak start date, leak repair date, total leak (litres), rate (litres/month), year cable installed, cable fluid, and consultation with relevant authority (pre-June 2019 and post June 2019). Details of each leak as provided by ESB Networks are presented in Appendix 4, Table 1 and 2. ESB Networks Management of Cable Fluid Leaks Prior to June 2019 Documents submitted by ESB Networks to the EPA demonstrate that they have been recording cable fluid usage since at least 1993 (Appendix 4: Table 1 and 2). ESB Networks have not provided any information on leaks or fluid losses prior to 1993. ESB Networks have stated they were ‘not able to locate any information on identified leaks or leakage prior to 1993’. Commission for Regulation of Utilities provided copies of ESB Networks Annual Environmental Performance Reports for the years 2006 to 2017. The annual reports acknowledge that fluid filled cable leaks were taking place, quantify the scale of leaks in each reporting year and identify the failure to achieve compliance with ESB Networks annual target leakage rate (Table 1.2 below refers). While there is a difference between the volumes of fluid leakage reported by ESB Networks annually to the Commission for Regulation of Utilities and the figures provided to the EPA in September 2019 and November 2019 each set of data indicates a loss of fluid more than ESB Networks own annual target. Page 36 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Table 1.2: Details ESB Networks cable fluid leak losses as reported in their Annual Environmental Performance Report (AEPR) submitted to Commission for Regulation of Utilities and as submitted to the EPA 6th September 2019. Year Annual Environmental Performance Report ESB Networks cable fluid leak loss (litres/ year) ESB Networks cable fluid leak loss litres/ year. Provided by ESB Networks to the EPA on 6th September 20191. ESB Networks Cable fluid leak loss target (litres/year)2 2019 – 7,144 – 2018 – 40,980 – 2017 15,201 12,721 15,000 2016 14,721 12,825 15,000 2015 21,741 14,037 15,000 2014 54,600 30,392 15,000 2013 32,270 26,399 15,000 2012 32,307 24,137 15,000 2011 38,669 28,506 20,000 2010 31,415 7,050 20,000 2009 26,061 19,450 20,000 2008 28,126 – 20,000 2007 29,348 – 20,000 2006 – – – 1 As outlined in ESB Networks report entitled ‘Preliminary Environmental Sensitivity Assessment Report of Fluid Filled Cable Leakages Updated (Dated September 2019)’. 2 ESB Network’s ‘Management of Fluid Filled Cables Policy’ set a maximum cable leakage volume objective per year. The Annual Environmental Performance Reports, submitted by ESB Networks to Commission for Regulation of Utilities, record that ESB Networks: n n n In 2006 and 2007 developed a policy for ‘Management of Fluid Filled Cables in ESB Networks’. This document covers the management procedure for fluid filled cables and addresses detection of leaks, avoidance of third-party damage, location of leaks, procurement of cable fluid, disposal of contaminated soil, recording of leaks, targets for average leak repair time, leak volume targets, short term work programme to reduce leakage, and medium-term work programmes to further reduce cable leaks; In 2008 and 2009 carried out an environmental risk ranking of fluid filled cable circuits to guide future replacement and maintenance policy. In 2009 ESB Networks started to trial Perfluorocarbon gas tracing leak detection methodology; and In the years 2012 to 2015 the perfluorocarbon gas tracing technology was tendered for, purchased and commissioned. Page 37 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The following points in relation to fluid filled cables are extracted from the price reviews and/or Annual Environmental Performance Reports for the years 2006 to 2017: n n n n n The first price review programme PR1 (period 2001 to 2005) did not explicitly mention fluid filled cables; The price review programme PR2 (2006 to 2010) proposed a programme of monitoring and identification of cable fluid replacement due to the level of cable fluid leaks recorded; ESB Networks fluid filled cable replacement programme (40-year programme 2010 to 2050) was first proposed and agreed by Commission for Regulation of Utilities for inclusion in the price review programme PR3 (2011 to 2015). This programme of replacement was to address cable deterioration and associated fluid filled cable leaks; The replacement works due to be completed during PR 3 (2011-2015) were largely deferred until PR4 (2016 to 2020); The price review programme PR4 (2016 to 2020) identified the need to replace 110 KV and 38KV fluid filled cables and included a capital expenditure programme. Approximately €5.4m was included for fluid filled cables environmental remediation costs (Appendix 4, Table 4: Details ESB Networks capex allowance, the level of leaks and ESB Networks trigger levels). Commission for Regulation of Utilities is currently reviewing PR4 (2016-2020) and will be establishing the price review programme (PR5) for the period 2020 to 2025 based on submissions due in late 2019 from ESB Networks. ESB Networks have stated, in correspondence provided to the EPA, that the proposed new replacement strategy is to fast track the fluid filled cable replacement programme for completion by 2035. Cable Fluid Incident Response Protocols Two protocols have been prepared by ESB Networks since June 2019. They are entitled as follows: n n ‘Historic Cable Fluid Incident Response’ in relation to cables leaks which occurred and were repaired prior to June 2019; and ‘Cable Fluid Incident Response’ in relation to cables leaks which were leaking in June 2019 or leaks which may occur in the future (post June 2019). The purpose of the protocols is to set out a process whereby ESB Networks will identify and evaluate ‘historic’ leaks, detect ‘current and new’ fluid filled cable leak incidents, satisfy statutory notification and reporting to relevant bodies, repair cables and follow relevant guidance to evaluate the environmental risk and identify remediation, as necessary. The two protocols were drafted following an initial meeting with the EPA on 11th June 2019. It has been acknowledged by ESB Networks that the protocols would be subject to amendment and change based on experience and feedback from the EPA, local authorities and other bodies. To date the EPA has requested amendment of the protocols through correspondence. ESB Networks provided an updated version of the two protocols in September 2019 which addressed the points raised by the EPA (Appendix 5). Page 38 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Historic Cable Fluid Incident Response Protocol (Rev 01), dated September 2019 The protocol is concerned with cable fluid incidents that have occurred prior to June 2019. It identifies ESB Networks as the responsible body. This protocol sets out ESB Networks proposed approach to assess the impact associated with historic cable fluid loss incidents in accordance with the Water Pollution Act and the Environmental Liability Regulations. The protocol includes the following steps: n n n Engagement – ESB Networks will engage with the relevant local authorities, EPA and relevant nonstatutory bodies. It provides for the reporting to and notification of relevant local authority and non-statutory bodies under the Water Pollution Act and the Environmental Liability Regulations. The protocol proposes the establishment of joint working groups/liaison groups to enhance engagement during investigations; Environmental Sensitivity Assessment – The environmental sensitivity assessment will consider both the fluid filled cable network (age, leakage volumes, cable fluid capacity) and proximity to environmental receptors (Special Area of conservation, Special Protected Areas, etc.); Environmental Assessment – The environmental assessment will include an evaluation of the risk to human health and the environment which will be completed in accordance with the ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’; n Environmental Liability Regulations – the protocol outlines the process by which ESB Networks will screen and categorise incidents and notify the EPA when necessary. The protocol identifies the information which will be provided by ESB Networks in the notifications. The EPA received two notifications from Electricity Supply Board regarding Marina Generating Station (Industrial Emissions (IE) Licence Reg. No. P0578-03) in November 2012 and Poolbeg Generating Station (IE Licence Reg. No. P0577-03) in 2006 concerning losses of fluid from cables. The loss was cleaned up satisfactorily in the case of Marina Generating Station. The loss notified under the Poolbeg Generating Station IE Licence was not investigated further by the EPA, as the leak did not take place within the Industrial Emissions Licensed boundary, the licensee would have been informed to notify the Local Authority. Based on the Section 63(1) responses received by the EPA from the relevant five local authorities (Dublin City Council, South Dublin County Council, Dun Laoghaire-Rathdown County Council, Wicklow County Council and Cork City Council) ESB Networks have consulted with the local authorities within whose functional area fluid filled cable leak incidents have occurred/or are ongoing (Appendix 4, Table 1: A table summarising historic fluid filled cable leaks from April 2009 to June 2019 and Table 2: A table summarising historic fluid filled cable leaks prior to April 2009 (August 1993 to April 2009)). The environmental sensitivity assessment has been undertaken by ESB Networks (report submitted September 2019). The assessment ranked the risk the fluid filled cable network may pose to environmental receptors (Special Areas of Conservation, Special Protected Areas, Natural Heritage Areas, proposed Natural Heritage Areas, designated bathing waters, groundwater bodies, wells, surface waters, and canals). The environmental sensitivity assessment will inform ESB Networks approach to the environmental assessment of leaks, Stage 1 (site characterisation and assessment), and contribute to the decommissioning programme for the fluid filled cable network. Page 39 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The proposed environmental assessment, corrective action, remediation and aftercare identified in the protocol has being appropriately based on the ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’. ESB Networks are taking a precautionary approach and are carrying out an environmental assessment on all 75 cable leak incidents (68 that occurred prior to June and 7 that have occurred since), details of each leak is outlined in Table 1, 2 and 3 Appendix 4). Table 1.3:  The indicative timeframe for environmental assessment outlined in ESB Networks report entitled ‘Preliminary Environmental Sensitivity Assessment Report of Fluid Filled Cable Leakages Updated (Dated September 2019)’ that was submitted to the EPA on 6th September 2019. Indicative Timelines Environmental Assessment ID Number Task Name Start Finish Indicative Timelines Environmental Assessment 05/06/2019 01/09/2020 Initiation 1 Procure Environmental Consultants 05/06/2019 30/06/2019 2 Engage Environmental Consultants 30/06/2019 30/06/2019 Stage 1 – Phase 1 3 Commence Preliminary Site Assessments (Numbers 1 to 25) 01/07/2019 30/08/2019 4 Commence Preliminary Site Assessments (Numbers 26 to 50) 01/08/2019 30/09/2019 5 Finalise Preliminary Site Assessments 30/08/2019 30/10/2019 6 Submit Preliminary Site Assessments 31/10/2019 30/11/2019 Stage 1 – Phase 2 7 Commence Sequence of Ecological Assessments as required 02/09/2019 Timeline dependent on other site investigations 8 Develop Site Prioritisation Plan 01/11/2019 31/12/2019 9 Develop Site Investigation Plan 01/11/2019 31/12/2019 10 Site Investigations and Environmental monitoring programme 05/01/2020 05/01/2023 11 Detailed Site Assessment Reports and GORA 05/01/2020 05/01/2023 Stage 2 12 Corrective Action Feasability and Design * * ** ** Stage 3 13 Corrective Action Implementation and Aftercare * Subject to the assessment outcome and following consultation with the relevant authorities as part of Stage 1. ** Subject to the time frames developed and following consultation with the relevant authorities as part of Stage 2 Page 40 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The proposed environmental assessment indicates that preliminary environmental site assessments and site prioritisation plan shall be completed by 31st December 2019. The site investigation and environmental monitoring programme are scheduled to commence on the 5th January 2020. Stage 2 and 3 will be subject to the environmental site assessment and monitoring findings. The EPA accepts that completion of the environmental assessments will be a lengthy process as each fluid filled cable leak is a separate incident which may require site specific investigation and environmental monitoring. Stage 1 of the environmental assessment process is scheduled for completion in January 2023. The EPA considers that the environmental assessments should be completed within a significantly shorter period. Local Authorities are the competent body for evaluation of the environmental assessment reports of cable leaks which have occurred in their functional areas. The proposed use/establishment of joint working groups, as identified in the protocol, may assist in facilitating engagement and sharing of information between relevant statutory and non-statutory parties. The protocol has addressed the process in which ESB Networks will screen, notify, prevent, investigate and remediate environmental damage in accordance with the Environmental Liability Regulations. Cable Fluid Incident Response Protocol (Rev 01), dated September 2019 The protocol is concerned with current incidents and those that occur post June 2019. It identifies ESB Networks as the responsible body and outlines a cable fluid loss management process. The protocol includes the following steps: n n n n Fluid usage monitoring – ESB Networks monitoring programme involves cable fluid usage trend monitoring to provide early indication of a potential leak. ESB Networks have identified that fluid usage in a circuit of over 50 litres per month for two consecutive months as a notifiable (potential) leak; Notification of potential leak – ESB Networks will notify the relevant local authority and as required the relevant non-statutory bodies. Regarding the Environmental Liability Regulations, the protocol outlines the process in which it will screen and categorise incidents and where necessary notify (or potential obligation to notify under the precautionary principal) the EPA. The protocol identifies the information which will be provided by ESB Networks in the notifications; Establish leak location – ESB Networks are responsible for establishing the location, nature and extent of the potential leaks. Leak detection techniques will consist of Perfluorocarbon tracing (PFT) or similar techniques. The timeframe necessary to establish the leak location will be influenced by volumes of loss and other factors such as location, access and the need for road closure; Notification of actual leak – ESB Networks shall notify the local authority and as required nonstatutory bodies of the actual leak once the location is confirmed. The EPA will be notified where there is an obligation to do so in accordance with the Environmental Liability Regulations; Page 41 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks n n Cable repair – ESB Networks will repair the leak as soon as possible subject to constraints such as road opening permissions, third party land access, and electrical supply outages; Environmental assessment – the protocol provides for evaluation of the risk to human health and the environment. The environmental assessment will be completed in accordance with the ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’. The protocol provides for a fluid usage monitoring programme and leak detection techniques such as perfluorocarbon tracing gas or similar techniques. To date fluid filled cable leaks have continued for prolonged periods (months to several years) resulting in significantly large volumes of losses to the environment. This protocol provides for a more timely detection of potential and actual fluid filled cable leaks, repair, notification and engagement with the relevant Local Authority’s, EPA and non-statutory bodies, as appropriate. Notwithstanding this, the protocol identifies that a potential leak investigation and notification will be triggered for circuits with fluid usage of over 50 litres per month for two consecutive months. ESB Networks adopted this approach based on the National Operating Code for Management of Fluid-Filled Cable Systems (established between the Environment Agency and Energy Networks Association Member Companies (England and Wales)3. The EPA questioned use of the code, in correspondence on the 28th June 2019, and stated that it considers that any proposed trigger for investigations and notification should be justified based on science, technical evaluation and location of specific receptors. The EPA considers that the trigger level is a matter for the local authorities to agree with ESB Networks and may be based on the above referenced code. The protocol has adequately established ESB Networks statutory notification obligations under the Water Pollution Act. Based on the responses received by the EPA from local authorities (Section 63 Responses) the protocol is being implemented by ESB Networks. The EPA expects that all future fluid filled cable leak incidents will be subject to the protocol. Regarding the Environmental Liability Regulations, the protocol has addressed the process in which it will screen, notify, prevent, investigate and remediate environmental damage in accordance with the Environmental Liability Regulations. 3 http://www.energynetworks.org/assets/files/electricity/she/environment/fluid_filled_cables/ENA%20EA%20National%20 Operating%20Code%202015.pdf Page 42 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Extent of fluid filled cables, classification of the insulating fluids and the risk posed to human health and the environment Type and Scale of Fluid Filled Cables, the Number of Leak Locations ESB Networks have identified 68 cable leaks which occurred prior to June 2019, details of which are presented in Table 1 and Table 2 of Appendix 4. In addition, there are 7 leaks which were occurring or commenced since June 2019. ESB Networks reported that approximately 500,000 litres of cable fluid leaked during the period 1993 to June 2019. Type and Classification of Cable Fluid Losses The cable fluid used consists of either mineral oil, linear alkyl benzene or a mixture of both. The fluid used is based upon the date when the cable was installed and/or the date when additional cable fluid was added. The ESB Networks policy document entitled ‘Management of Fluid Filled Cables in ESB Networks’ states that ‘cable fluid purchased since approximately 1986 is a linear alkyl benzene material. Prior to that date, mineral oil was used to insulate the cable cores’ (Appendix 5). ESB Networks have confirmed that linear alkyl benzene, Chemical Abstracts Services (CAS) Registry Number 67774-74-7, is the substance/form of insulating liquid currently used by ESB Networks in fluid filled cables. ESB Networks completed a preliminary review which determined, for mineral oil and linear alkyl benzene, that they would not readily mix in water (low aqueous solubility) and will predominantly remain in the liquid phase in soil pore spaces and/or adhere (sorb) to soil particles and therefore restrict their potential for transport. Linear alkyl benzene will biodegrade in aerobic conditions. Mineral oil is not readily biodegradable as compounds may persist. ESB Networks completed an assessment to determine whether linear alkyl benzene and mineral oil cable-based fluids are hazardous or non-hazardous. The assessment followed the methodology outlined in the EPA publication entitled “Classification of Hazardous and Non-Hazardous Substances in Groundwater” December 2010. The following conclusions were reported by ESB Networks: n n Linear Alkyl Benzene based cable fluid is classified as a non-hazardous substance in groundwater. While it is potentially toxic to freshwater and marine organisms and may be fatal to humans if swallowed in large amounts, it is not persistent or bio accumulative. A substance must exhibit all 3 intrinsic properties (persistent, bio accumulative and toxic) to be classified as hazardous; Mineral oil-based cable fluid (it is predominantly a light naphthenic distillate) is classified as a hazardous substance in groundwater. ESB Networks identified that according to EPA definitions, light naphthenic distillate is very bioaccumulative, very persistent and very toxic. Page 43 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Mineral Oil The EPA document “Classification of Hazardous and Non-Hazardous Substance in Groundwater 2010” classifies mineral oils, consisting of light naphthenic distillate, as hazardous. EPA Evaluation of Linear Alkyl Benzene The EPA completed an assessment of the nature and properties of linear alkyl benzene, which included review of the European Communities (Water Policy) Regulations, 2003 and the European Environmental Objectives (Groundwater) Regulations 2010, as amended, the EPA document entitled ‘Classification of Hazardous and Non-Hazardous Substances in Groundwater 2010’, technical reviews carried out by the Joint Agencies Groundwater Directive Advisory Group (JAGDAG) (which includes the Irish EPA as an invited member) and the European Chemicals Agency (ECHA). The EPA document “Classification of Hazardous and Non-Hazardous Substance in Groundwater 2010” considers the following forms of linear Alkyl Benzene to be hazardous: CAS Numbers: 134211-53-3, 115963-94-5, 115733-08-09 and 96792-49-2. However, it does not include CAS Number 67774-74-7 which is used by ESB Networks. The document notes in relation to linear alkyl benzene that it ‘required further review’ due to the family or group of substances being considered to fall under the List 1 (hazardous) category. This was an established method of classification in the original Groundwater Directive (80/68/EEC). The Groundwater Directive categorised broad families of substances as List 1 (hazardous) or List 2 (non-hazardous), without necessarily assessing and differentiating the intrinsic persistence, bioaccumulation and toxicity (PBT) properties criteria for each specific substance. A publication in January 2019 by the Joint Agencies Groundwater Directive Advisory Group (JAGDAG), has resulted in updated assessments. Linear alkyl benzene is not listed as hazardous in this publication. The EPA will update its 2010 document, taking account of the January 2019 publication, available at the following link: https://www.wfduk.org/sites/default/files/Confirmed_Haz-NonHaz_January2019.pdf Information contained on the ECHA website4 indicates that linear alkyl benzene CAS 67774-74-7, was reviewed by ECHA in 1997 and they concluded that it was a non-hazardous substance, noting that there was no risk or need for further testing. This ECHA information contributed to the substance not being listed in the January 2019 JAGDAG document or included as a dangerous substance under the amended Dangerous Substance Directive 2001/59/EC. The EPA’s review of the physical, chemical properties and environmental toxicity of linear alkyl benzene based cable fluid are that linear alkyl benzene is photosensitive and readily biodegradable under both aerobic and anaerobic conditions. It is not readily soluble in the water column and will tend to partition into suspended matter or sediment. 4 https://echa.europa.eu/documents/10162/133736c1-cfd1-4679-8d46-4488256bb443 Page 44 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks While linear alkyl benzene tends to bioconcentrate, it is readily metabolised in fish and therefore has a low tendency to bioaccumulate. It consequently poses a low risk to biota. Therefore, the most likely fate of emissions of linear alkyl benzene is in sediment or groundwater depending on the receiving medium. EPA’s assessment confirms the current (JAGDAG publication 2019) non-hazardous substance determination for linear alkyl benzene CAS 67774-74-7. Ambient Environmental Monitoring by EPA The EPA conducts an ongoing monitoring programme (Water Framework Monitoring Programme) by which lake and river water quality trends are assessed with respect to ecological criteria and physicalchemical water quality standards. All the major lakes, rivers and their more important tributaries are included in the programme. The biological programme covers a channel length of approximately 13,200km and involves sampling at some 2,300 stations. A complete survey cycle is completed every three years. As part of the Water Framework Monitoring Programme approximately one third of our major rivers and their more important tributaries are surveyed and assessed each year by EPA ecologists. The results of the most recent biological surveys are available on the EPA interactive maps and also on www.catchments.ie. These maps are updated automatically once the surveys are completed and the data is validated. A number of online reports are also available: Water Quality Indicator reports which include the results of the biological monitoring programme providing an overview of all the main issues related to the quality of the aquatic environment in Ireland. The most recent water quality indicator report is ‘Water Quality in Ireland 2013 – 2018’. The report covers such topics as national and regional quality trends, fish kills, and other current water quality issues. Canals, lakes, coastal waters and groundwater are also covered. The EPA monitoring programme would not specifically have been looking for the presence of insulating fluids which could have entered a water body, however, the monitoring programme hasn’t identified anything that may have been associated with or caused by a loss of insulating fluid to a water body (river, canal, estuary, coastal water or groundwater). Environmental Liability Regulations The Environmental Liability Regulations came into operation on 1st April 2009 and require an operator to take measures to prevent environmental damage where there is an imminent threat of environmental damage, or to prevent further damage if the damage has already occurred. Operators are obliged to screen the impact, if any, of incidents resulting from their activities for their applicability under Regulations 7 and 9 (and take measures to prevent environmental damage or to prevent further environmental damage) of the Environmental Liability Regulations. Operators are then obliged in accordance with the Environmental Liability Regulations to notify the EPA where the screening identified an imminent threat or case of environmental damage. Failure to comply is an offence liable to prosecution. Page 45 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks ESB Networks identified that 39 leaks have occurred since 1st April 2009. 33 of these are “historic” leaks which have been repaired by June 2019, while 7 are “current and new” leaks which were leaking in June 2019 or commenced thereafter. ESB Networks failed to screen the impact of fluid leaks, which occurred since 1st April 2009, for the applicability under Regulations 7 and 9 of the Environmental Liability Regulations 2008 until after June 2019. The screening assessment completed by ESB Networks concluded that one “historic” leak and 3 “current and new” leaks may have the potential to cause environmental damage and require notification to the EPA under the Environmental Liability Regulations. This conclusion is largely due to the likelihood of protected species in the vicinity of the leaks (e.g. salmon and otter), or proximity of the leaks to surface waters. On the 8th October 2019, the EPA issued 4 separate Directions under Regulation 8(1) of the Environmental Liability Regulations to ESB Networks requiring the submission of a site assessment report for these 4 identified leaks by the 31st October 2019 and instructing ESB Networks to take preventive measures in accordance with the Environmental Liability Regulations should an imminent threat of environmental damage exist. A response to the directions was received by the EPA from ESB Networks on the 31st October 2019. The EPA has assessed the 4 responses received and, having sought further information in relation to one case, is now satisfied that there is no further action required under these Regulations in all the 4 cases. If ESB Networks find that a leak is causing imminent threat of environmental damage or environmental damage has occurred, ESB Networks have been directed to notify the EPA through the online system for reporting under the Environmental Liability Regulations. Page 46 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 6: Conclusion and Recommendations Page 47 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Section 6: Conclusion and Recommendations Based on the scope and objectives of the investigations the EPA concludes and recommends as follows: The main conclusions arising from the EPA investigation: n n n n n n n There were 68 ‘historic’ leaks between 1993 and June 2019 and a further 7 ‘current and new’ leaks since June 2019. The locations and scale of each leak has been identified by ESB Networks and they are undertaking site specific investigations of each; The fluid used as an insulating liquid in cables was originally mineral oil and more recently linear alkyl benzene. Mineral oil is classified as hazardous while linear alkyl benzene is classified as nonhazardous. ESB have identified that the fluid lost from the cable leaks is often a mixture of mineral oil and linear alkyl benzene and therefore must be considered hazardous; While ESB Networks report that they consulted a relevant authority regarding 20 of the 68 leaks identified prior to June 2019, ESB Networks failed in the case of 48 leaks to notify Local Authorities, in accordance with Section 14(1) of the Local Government (Water Pollution) Act 1977, as amended; ESB Networks failed to screen the impact of fluid leaks, which occurred since 1st April 2009, for the applicability under Regulations 7 and 9 of the European Communities (Environmental Liability) Regulations 2008, as amended, until after June 2019; Screening undertaken for the applicability of the European Communities (Environmental Liability) Regulations 2008, as amended, identified 4 leaks with the potential to cause environmental damage as defined in the Regulations. The EPA has assessed the site assessment reports prepared by ESB Networks and, is now satisfied that there is no further action required under these Regulations in all the 4 cases; ESB Networks have established two protocols since June 2019 to deal with historic and future leaks and the EPA is satisfied with the approach and protocols now being implemented by ESB Networks to assess each leak and to engage with the relevant Local authorities; The EPA acknowledges that decommissioning of fluid filled cables will be challenging but considers fluid filled cables that have a high occurrence of leakage and are in proximity to sensitive receptors should be prioritised for decommissioning; Subsequent conclusions arising from the EPA investigation include the following: n n Page 48 ESB Networks are appropriately using the ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’ as the basis of their environmental assessments; The EPA accepts that the environmental assessment of all leaks will be a lengthy process as each fluid filled cable leak is a separate incident which may require site specific investigation and environmental monitoring. The EPA considers that the environmental assessments should be completed within a significantly shorter period than outlined by ESB Networks; Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks n n n The scale of the leaks from fluid filled cables has consistently exceeded the annual targets set by ESB Networks. ESB Networks should consider using the percentage of the total volume of cable fluid lost per annum as a measure of losses, such a measure would be comparable with other network operators; ESB Networks protocol identifies that a potential leak investigation and notification will be triggered for circuits with fluid usage of over 50 litres per month for two consecutive months. ESB Networks adopted this approach based on the National Operating Code for Management of Fluid-Filled Cable Systems (established between the Environment Agency and Energy Networks Association Member Companies (England and Wales). The EPA considers that ESB Networks provide the local authorities with justification for any proposed trigger levels under the above referenced code; ESB Networks and Local Authorities should review the agreements and codes developed between the Environment Agency and Energy Networks Association and adopt relevant aspects. Recommendations on the Fluid Filled Cables Investigation The following are the recommendations for each relevant organisation arising from the EPA investigation: ESB Networks ESB Networks shall complete the following: n n n n n An environmental assessment of each historical, current and future leak. These site-specific assessments should be in accordance with the EPA guidance document entitled ‘EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites’. The environmental assessments of each historical leak shall be completed by ESB Networks and submitted to the relevant Local Authorities. Local Authorities are the competent body for evaluation of the environmental assessment reports of cable leaks which have occurred in their functional areas; Implementation of the protocol (Cable Fluid Response Protocol) to ensure that the fluid filled low pressure cables are maintained and repaired pending replacement to limit fluid leaks; Decommissioning of fluid filled low pressure cables shall be completed within as short a time as possible to minimise the environmental impact associated with fluid filled cables; Identification and implementation of appropriate controls to ensure fluid filled cable losses are prevented/limited from discharging to groundwater in accordance with the European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended; Amendments and updates of each of the protocols based on experience and feedback from the EPA, local authorities and other bodies. Page 49 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Local Authorities The relevant Local Authorities shall: n Consider the powers provided to them in accordance with Section 14 of the Local Government (Water Pollution) Act 1977, as amended, and • Establish if a prosecution under Section 14 of the Local Government (Water Pollution) Act 1977, as amended, would be successful, appropriate or necessary, and • Subject to the findings initiate summary legal proceedings in the District Court against ESB Networks for failing to notify the local authority as soon as practicable after the occurrence of the incidents; n Page 50 Consider the establishment of a liaison group (as proposed in the ESB Networks protocols) to encourage and promote best practice for the protection of the environment. Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Appendices Page 51 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Appendix 1 – Initial Correspondence from ESB Networks Page 52 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Page 53 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Appendix 2 – Maps ± ! . 15 $ 1 $ 1 FCC-2019-008 66 Map Extent FCC-2019-003 ! . 22 ! . . !! .! . 16 29 6 5 59 ! .! . FC C-2 2 9-00 01 11 63 50 ! . ! . 46 58 ! . ! . 67 54 ! .! . ! . ! . FCC-2019-001 1 ! . $ ! . ! . ! . ! . $ ! .1 ! .! . 10 FCC-2019-004 01 901 0 30 53 19 -2 55 31 FC C 57 ! . 68 18 ! . 60 ! . 33 1 7 . !! . ! . 65 ! .! . ! . -009 FCC-2019 34 23 36 64 ! . . . ! .! . ! .! ! .! 45 39 37 ! . 20 28 -006 FCC-2019 47 52 ! . 49 ! . 8 3 32 9 17 42 ! . 48 35 ! . ! .! . 62 24 40 ! . 41 ! . ! . ! .! . 25 4 13 ! . FC 21 12 C-2 7 9-00 01 ! . 26 14 Legend ! . $ 1 43 Cable Fluid Leakage Location with ID No. ! . Cable Fluid Leakage Location in 2019 with ID No. Indicative Circuit of Leak in 2019 with ID No. Ordnance Survey Licence No. EN 0023715-19 Copyright Ordnance Survey Ireland Government of Ireland High Pressure Oil Filled Cable Low Pressure Fluid Filled Cable 0 Decommissioned CLIENT: ESB Networks PROJECT: 0 04/11/19 REV DATE ISSUED FOR INFORMATION T.O'R REVISION DESCRIPTION DRN T.O'R PROD J. F AM. C VER APP Cable Leak Assessment CONTRACT CLIENT APPROVAL Page 54 PLANNING TENDER CONSTRUCTION AS-BUILT PRODUCTION UNIT: Civil & Environmental Engineering 1 2 4 DRAWN T.O'Rourke DRAWING TITLE: PRODUCED T.O'Rourke 8 00-00 DRAWING NUMBER APPROVED VERIFIED J. Fitzpatrick Revision CLIENT REF. Cable Fluid Leakage Locations Dublin Locations 6 10 km COPYRIGHT © ESB ALL RIGHTS RESERVED. NO PART OF THIS WORK MAY BE MODIFIED, REPRODUCED OR COPIED IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, TAPING OR USED FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN PERMISSION OF ESB 0 APPROVAL DATE 04/11/2019 AM. Casey NO. OF SHEETS SIZE SCALE 1 of 1 A1 1:40,000 QD-354120-01-D460-034-000 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks ± 56 ! . ! . 2 Map Extent ! . 27 38 ! . ! . 51 61 ! . Legend ! . Ordnance Survey Licence No. EN 0023715-19 Copyright Ordnance Survey Ireland Government of Ireland Cable Fluid Leakage Location with ID No. Low Pressure Fluid Filled Cable 0 Decommissioned CLIENT: ESB Networks PROJECT: 0 04/11/19 REV DATE ISSUED FOR INFORMATION T.O'R REVISION DESCRIPTION DRN T.O'R PROD J. F AM. C VER APP Civil & Environmental Engineering PLANNING TENDER CONSTRUCTION 0.5 1 DRAWN T.O'Rourke PRODUCED T.O'Rourke CLIENT REF. Cable Fluid Leakage Locations Cork Locations 1.5 2 km COPYRIGHT © ESB ALL RIGHTS RESERVED. NO PART OF THIS WORK MAY BE MODIFIED, REPRODUCED OR COPIED IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, TAPING OR USED FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN PERMISSION OF ESB DRAWING TITLE: Cable Leak Assessment CONTRACT CLIENT APPROVAL 0.25 PRODUCTION UNIT: DRAWING NUMBER AS-BUILT APPROVED VERIFIED J. Fitzpatrick Revision 0 00-00 APPROVAL DATE 04/11/2019 AM. Casey NO. OF SHEETS SIZE SCALE 1 of 1 A3 1:15,000 QD-354120-01-D460-036-000 ± Map Extent 44 ! . Legend ! . Ordnance Survey Licence No. EN 0023715-19 Copyright Ordnance Survey Ireland Government of Ireland Cable Fluid Leakage Location with ID No. 0 Low Pressure Fluid Filled Cable CLIENT: ESB Networks PROJECT: 0 04/11/19 REV DATE ISSUED FOR INFORMATION T.O'R REVISION DESCRIPTION DRN T.O'R PROD J. F AM. C VER APP CLIENT APPROVAL PLANNING TENDER CONSTRUCTION AS-BUILT Civil & Environmental Engineering 0.5 1 1.5 DRAWN PRODUCED T.O'Rourke CLIENT REF. Cable Fluid Leakage Locations Wicklow Location 2 2.5 km COPYRIGHT © ESB ALL RIGHTS RESERVED. NO PART OF THIS WORK MAY BE MODIFIED, REPRODUCED OR COPIED IN ANY FORM OR BY ANY MEANS - GRAPHIC, ELECTRONIC OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, TAPING OR USED FOR ANY PURPOSE OTHER THAN ITS DESIGNATED PURPOSE, WITHOUT THE WRITTEN PERMISSION OF ESB T.O'Rourke DRAWING TITLE: Cable Leak Assessment CONTRACT 0.25 PRODUCTION UNIT: DRAWING NUMBER APPROVED VERIFIED J. Fitzpatrick Revision 00-00 0 APPROVAL DATE 04/11/2019 AM. Casey NO. OF SHEETS SIZE SCALE 1 of 1 A3 1:20,000 QD-354120-01-D460-035-000 Page 55 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Appendix 3 – Legislative Review Legislative Review The principal legislative instruments that are potentially applicable to this issue include the following: n Local Government (Water Pollution) Act, 1977 as amended; n Environmental Protection Agency Act 1992, as amended; n European Communities (Environmental Liability) Regulations 2008, as amended; n European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended. Local Government (Water Pollution) Act, 1977 as amended The Water Pollution Act prohibits the introduction of polluting matter to waters. Polluting matter is broadly defined and includes the following: “… includes any poisonous or noxious matter, and any substances (including any explosive, liquid or gas) the entry or discharge of which into any waters is liable to render those or any other waters poisonous or injurious to fish, spawning grounds or the food of any fish, or to injure fish in their value as human food, or to impair the usefulness of the bed and soil of any waters as spawning grounds or their capacity to produce the food of fish or to render such waters harmful or detrimental to public health or to domestic, commercial, industrial, agriculture or recreational uses” In the instance whereby a person may cause or permit an accidental discharge(s) of polluting matter to waters, the Water Pollution Act provides that the person responsible shall notify the local authority (in whose functional area the discharge occurred) after the occurrence under Section 14 (1), which states: “(1) As soon as practicable after the occurrence of an accidental discharge, spillage or deposit of any polluting matter which enters or is likely to enter any waters or a sewer, the person responsible shall notify the local authority in whose functional area the discharge, spillage or deposit occurs or, in the case of a sewer, the sanitary authority in which the sewer is vested or by which it is controlled.” If the person responsible fails to notify the local authority it will be guilty of an offence and liable to prosecution under the Water Pollution Act, Section 14(2) states: “A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both., …” The powers to prosecute under the Water Pollution Act are extended to and exercisable by the local authority and sanitary authority to which the activity relates under Section 14 (3) of the Water Pollution Act, which states: “A prosecution for an offence under this section may be taken by a local authority or a sanitary authority.” Page 56 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The following further powers under the Water Pollution Act are available however they may not be suitable to the loss of insulating fluid from cables operated by ESN networks. The Water Pollution Act provides for an application to seek injunctive relief from the High Court or implement measures to prevent or control pollution. If ‘polluting matter’ is likely to enter waters the local authority or any other person may apply to the High Court to restrain the ‘polluting matter’ under Section 11 of the Water Pollution Act which states: “(1) Where a contravention of section 3 (1) or 4 (1) has occurred or is occurring, the High Court may, on the application of a local authority or any other person, whether or not the person has an interest in the waters, by order prohibit the continuance of the contravention. …” Section 12 (1) of the Water Pollution Act provides the local authority with powers to issue a notice directing the responsible persons to take steps to prevent or control pollution. “(1) Where it appears to a local authority that it is necessary to do so in order to prevent or control pollution of waters, it may serve a notice in writing under this section on any person having the custody or control of any polluting matter on premises in its functional area. …” Where a notice is not complied with, the person to whom it is served, will be guilty of an offence and will be liable to prosecution by the local authority under Section 12(6) which states: “(6) … A prosecution for an offence under this section may be taken by a local authority.” In all cases the Water Pollution Act provides for the local authority to take urgent measures to prevent water pollution and to mitigate or remedy the effects of any pollution caused by polluting matter in certain circumstances under both Section 12(5) and 13(1), which states: “… 12(5) Where a person does not comply with a notice under this section within the period specified in the notice, the local authority which served the notice may take any steps it considers necessary to prevent polluting matter in relation to which the notice is served from entering waters, …” “… 13(1) Where it appears to a local authority that urgent measures are necessary to prevent pollution of any waters in its functional area, to remove polluting matter from waters in that area, or, while such matter is in waters outside that area, to prevent it affecting any part of that area, the local authority may take such steps, carry out such operations or give such assistance as it considers necessary to prevent such matter from entering the waters, to remove the matter from the waters, to dispose of it as it thinks fit and to mitigate or remedy the effects of any pollution caused by the matter.” Page 57 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Environmental Protection Agency Act 1992, as amended The EPA Act provides for the EPA to oversee local authorities’ environmental protection performance under Section 63(1) which states: “The Agency may request a local authority to furnish, within a specified period, to it information in relation to the performance by the authority, either generally or in a specific case, of a statutory function of that authority in relation to environmental protection and the authority shall comply with such a request.” The legislation provides for the EPA to assist local authorities to improve their environmental performance on a case by case basis under Section 63(2) and (3): “(2) The Agency may, having notified the local authority of its intention to do so, carry out an assessment of the performance by a local authority, either generally or in a specific case, of a statutory function of that authority in relation to environmental protection; for that purpose the authority shall comply with any request for the furnishing to the Agency of information, records or reports or the results of any monitoring by the authority, or, in connection with the foregoing, the affording to the Agency of access to any premises occupied by the authority, made by the Agency during the course of such assessment. (3) Having exercised its powers under subsection (1) or (2), and having considered any information furnished to, or otherwise coming into the possession of, it in consequence of that exercise, the Agency may, with a view to ensuring the satisfactory performance by the local authority concerned of the function in question, do all or any of the following: a) issue such advice and recommendations to the authority as it considers necessary, b) provide, on such terms and conditions as may be agreed, such assistance, support or guidance as the Agency considers, in consultation with the authority, would be helpful, c) without prejudice to any of its powers under this Act or any other enactment, issue to the authority the terms of a direction (‘the proposed direction’) it proposes to issue, under subsection (5), to the authority requiring it to carry out, cause to be carried out, or arrange for, within a specified period, such action related to the function in question as the Agency considers necessary for the purposes of environmental protection. (4) The proposed direction shall specify a period within which the local authority may make observations to the Agency in relation to the proposal to make the direction (and the authority may make such observations within that period accordingly). (5) After the expiration of the period referred to in subsection (4) and consideration of any observations made by the local authority under that subsection, the Agency may confirm, with or without modification, or decide not to confirm its proposal to make the direction concerned, and, in a case where the proposal is confirmed, the Agency shall issue to the authority the direction concerned accordingly and the authority shall comply with the direction within the period specified therein. (6) Notwithstanding anything in this section, where the Agency is of the opinion that the failure of a local authority to perform in a satisfactory manner a statutory function of the authority in Page 58 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks relation to environmental protection is resulting in significant environmental pollution, or in a real and imminent risk of such pollution, the Agency may direct the authority to carry out, cause to be carried out, or arrange for, within a specified period, such action related to the function in question as the Agency considers necessary for the purposes of preventing, limiting, eliminating, abating or reducing such pollution, and the authority shall comply with such a direction. (7) Where a local authority fails to comply with a direction issued under subsection (5) or (6), the Agency may carry out, cause to be carried out, or arrange for, such action related to the function in question as it considers necessary to ensure compliance with the direction and the costs of such action may be recovered by the Agency from the authority as a simple contract debt in any court of competent jurisdiction. (8) A local authority shall be guilty of an offence if it: a) fails to comply with a request under subsection (1) or (2), or b) fails to comply with a direction under subsection (5) or (6). (9) The Minister may, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, make regulations enabling the Agency to exercise, in relation to a public authority (other than a local authority within the meaning of this section) that, in the opinion of the Minister, performs a statutory function in relation to environmental protection, the powers conferred on the Agency by this section in relation to a local authority. (10) Nothing in this section shall be construed as enabling the Agency to exercise any power or control under this section in relation to the making of a decision on an application for a permission under section 34 of the Act of 2000. (11) In this section, ‘local authority’ has the meaning assigned to it by the Local Government Act 2001.” European Communities (Environmental Liability) Regulations 2008 The purpose of the Environmental Liability Regulations is to establish a framework of environmental liability based on the ‘polluter-pays’ principle to prevent and remedy environmental damage. The EPA is the designated competent authority for all aspects of the Environmental Liability Regulations. The Environmental Liability Regulations define environmental damage under three categories: n damage to natural habitats and protected species; n water damage; or n land damage. The Environmental Liability Regulations apply strict liability for any cases of environmental damage/ imminent threat of environmental damage caused by the activities listed in Schedule 3 of the Environmental Liability Regulations. Activities listed in Schedule 3 includes EPA and local authority licensed or permitted facilities where the activities are concerned with discharges. The regulations also apply fault-based liability to any other operators for cases of damage to protected species and natural habitats. Regulation 3 states: Page 59 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks (1) These Regulations apply to: (a) environmental damage, or imminent threat of environmental damage caused by an occupational activity referred to in Schedule 3, (b) damage to protected species and natural habitats, or imminent threat of that damage, where an operator of an occupational activity (other than an occupational activity referred to in Schedule 3) acts or fails to act and he or she knows or ought to have known that his or her act or failure to act causes or would cause damage or imminent threat of damage to protected species and natural habitats. Regulation 7 and 9 place obligations on the operator to in the first instance take measures to prevent environmental damage where there is an imminent threat of same, or to prevent further damage if the damage has already occurred, and to notify the EPA of any imminent threat which cannot be dispelled or if environmental damage has occurred. It is an offence not to comply with these requirements. Regulation 7 and 9 state: 7. (1) Where environmental damage has not occurred, but an operator of an occupational activity: a) is aware, or b) ought reasonably be expected in the circumstances to form the opinion, that there is an imminent threat that it will occur he or she shall without delay take necessary preventive measures. (2) Where the operator referred to in paragraph (1) forms, or ought reasonably be expected in the circumstances to form, the opinion that preventive measures taken pursuant to paragraph (1) do not dispel the imminent threat of environmental damage, he or she shall as soon as possible inform the Agency of the imminent threat, the preventive measures taken and of the forming by him or her of the opinion that the measures do not dispel the threat. (3) A person who contravenes paragraph (1) or (2) is guilty of an offence. 9. (1) Where environmental damage has occurred, the operator who: a) is aware, or b) ought reasonably be expected in the circumstances to form the opinion, that his or her occupational activity caused the damage shall inform the Agency without delay. (2) The operator referred to in paragraph (1) shall also take all practicable steps to immediately control, contain, remove or manage contaminants or causes of damage where he or she is aware, or ought reasonably be expected in the circumstances to form the opinion, that to do so would prevent: a) further environmental damage, b) damage to human health, or c) further impairment of services. (3) A person who contravenes paragraph (1) or (2) is guilty of an offence. Page 60 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The EPA has established an online submissions form5 for operators to inform the EPA of cases of imminent threat or environmental damage. The EPA is statutorily required (Regulation 8 or 10, as appropriate) to issue directions to operators where it is aware of cases of imminent threat or environmental damage, seek information and instruct the operator to take preventative/remedial measures. Furthermore, in instances of environmental damage, the EPA must decide what remedial measures are required to remedy environmental damage (Regulation 11(1)) and issue a direction to the operator notifying them that environmental damage has occurred, what remedial measures are required and what monitoring and inspection measures are required to ensure that remedial measures are completed (Regulation 12(1)). Failure of the operator to comply with any of these directions is an offence. The operator may appeal any direction under Regulation 8, 10 or 12 to the District Court in which the direction has been served within 7 days of being served the direction. Under Regulation 8(3) and 10(3), the EPA may itself take the necessary preventative or remedial actions in certain circumstances and Regulation 17 allows the EPA to recover the costs of these actions from the operator. Regulation 22 allows the EPA to seek injunctive relief to direct a person to comply with a direction or requirement or make such provision in relation to the payment of costs as the Court considers appropriate. The fines on conviction of an offence are specified in Regulation 24, as follows: (1) A person guilty of an offence under Regulation 7, 8, 9, 10, or 12, shall be liable: a) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or both. 5 https://www.epa.ie/enforcement/liab/submission/ Page 61 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended The European Communities Environmental Objectives (Groundwater) Regulations 2010, as amended (Groundwater Regulations) transpose European Union Directive 2004/118/EC (12th December 2006) on the protection of groundwater against pollution and deterioration. Regulation 9(a-b) states that hazardous substances must be prevented from entering groundwater, and the input of non-hazardous substances must be limited to ensure that such inputs do not cause a deterioration in groundwater status, or cause significant and sustained upward trends in the concentration of pollutants in groundwater. Appropriate controls should be placed on activities that discharge substances to groundwater. Regulation 9 states: a) The input of hazardous substances into groundwater is prohibited; b) The input of non-hazardous substances shall be limited so as to ensure that such inputs do not cause deterioration in groundwater status or cause significant and sustained upward trends in the concentration of pollutants in groundwater;” It is an offence not to comply with a requirement of the Groundwater Regulations under Regulation 21. If the person responsible fails to comply it will be guilty of an offence and liable to prosecution under the Groundwater Regulations 2010, Regulation 22 states: “A person, public authority, body corporate or unincorporated body guilty of an offence is liable; a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both; or b) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.” A prosecution for an offence under the Groundwater Regulations can be taken by statutory body, local authority and Government Minister in accordance with Regulation 23, which states: “A prosecution for an offence under these Regulations may be taken by the co-ordinating local authority for the river basin district, the Agency, a Minister of the Government, and, where appropriate, a relevant public authority. A prosecution for an offence may be taken by a local authority within the river basin district whether or not the offence is committed in the functional area of the authority.” Page 62 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks The Regulations in Schedule 1 identify relevant public authorities, these include the EPA, relevant Local Authorities and the Electricity Supply Board. Regulation 4 state that the relevant public authorities shall promote compliance with the requirements of the Groundwater Regulations and take all reasonable steps, including where necessary, the implementation of programmes of measures. Regulation 4 states: “A public authority shall, insofar as its functions allow and subject to any provisions and limitations listed elsewhere in this Part, promote compliance with the requirements of these Regulations and take all reasonable steps including, where necessary, the implementation of programmes of measures, to: a) prevent or limit, as appropriate, the input of pollutants into groundwater and prevent the deterioration of the status of all bodies of groundwater; b) protect, enhance and restore all bodies of groundwater and ensure a balance between abstraction and recharge of groundwater with the aim of achieving good groundwater quantitative status and good groundwater chemical status by not later than 22 December 2015; c) reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution of groundwater; d) achieve compliance with any standards and objectives established for a groundwater dependant protected area included in the register of protected areas established under Regulation 8 of the 2003 Regulations by not later than 22 December 2015, unless otherwise specified in the Community legislation under which the individual protected areas have been established. Regulation 5 states that the public authority shall not knowingly cause or allow deterioration in water quality in the performance of its functions, Regulation 5 states: “A public authority shall not, in the performance of its functions, undertake those functions in a manner that knowingly causes or allows deterioration in the quantitative status or chemical status of a body of groundwater.” Page 63 Page 64 Description Camden Row – Newmarket 38 kV – May 2019 Fairhill – Kilbarry 38 kV Cable – February 2019 Harold’s Cross – Ringsend 110 kV – November 2018 Dodder Rd- Templeogue 38 kV- November 2018 Ballymun Fairview 38 kV – August 2018. Site 1 Ballymun- Fairview 38kV – August 2018. Site 2 Inchicore – Poolbeg One 220 kV – February 2018 Carrickmines – Poolbeg 220 kV – September 2016 Inchicore – Poolbeg Two 220 kV Kingsbridge – Watling Street 38 kV – August 2015 ID 1 2 3 4 5 6 7 8 9 10 June 2015 November 2014 September 2015 March 2015 December 2017 December 2017 August 2015 January 2016 September 2018 May 2010 Leak Start Date August 2015 July 2016 September 2016 February 2018 August 2018 August 2018 November 2018 November 2018 February 2019 May 2019 Leak Repair Date 1,400 3,989 8,975 7,732 5,170 5,170 7,252 29,422 1.595 244 Total Leak (litres) 700 160 748 n/a 575 575 186 840 266 2.3 Rate (litres/ month) Table 1:  A table summarising historic fluid filled cable leaks from April 2009. Appendix 4:  Tables and Figures 1967 1984 1971 1971 1950 1950 1964 1964 1964 1950 Year Installed Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Cable Fluid Dublin CC Cork CC Dublin CC Pre June 2019 Dublin CC Dublin CC/ Waterways Ireland Dublin CC Dublin CC Dublin CC Dublin CC Dublin CC/ SDCC Dublin CC/ Waterways Ireland Cork CC Dublin CC Post June 2019 Consulted relevant authority Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Description Clontarf – East Wall Road 38 kV – August 2015 Carrickmines – Poolbeg 220 kV – June 2015 Dodder Rd – Templeogue 38 kV – April 2015 Deansgrange – Sallynoggin 38 kV – March 2015 Finglas – Merville 38 kV – February 2015 Unidare – Whitehall 38 kV – January 2015 Francis Street – Harold’s Cross 110 kV – November 2014 Francis Street – Inchicore 110 kV – November 2014 Inchicore – Marrowbone Lane 38 kV – June 2014 Bedford Row – Sheriff Street 38 kV – April 2013 Carrickmines – Poolbeg 220 kV – October 2012 Finglas – Merville 38 kV – March 2012 ID 11 12 13 14 15 16 17 18 19 20 21 22 February 2012 2010 July 05 September 2011 May 2011 July 2011 October 2010 August 2014 March 2011 January 2013 April 2013 July 2013 Leak Start Date March 2012 October 2012 April 2013 June 2014 November 2014 November 2014 January 2015 February 2015 March 2015 April 2015 June 2015 August 2015 Leak Repair Date 5,845 17,434 4,171 14,562 9,370 14,617 13,155 6,215 3,812 6,435 11,965 1,056 Total Leak (litres) 5,845 830 144 477 230 375 257 1,036 80 240 460 42 Rate (litres/ month) 1967 1971 1950 1950 1964 1964 1951 1967 1950 1964 1971 1964 Year Installed Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Cable Fluid Waterways Ireland Dublin CC Pre June 2019 Dublin CC Dublin CC/Dun Laoghaire Rathdown CC Dublin CC Dublin CC Dublin CC/ Waterways Ireland Dublin CC/ Waterways Ireland Dublin CC Dublin CC Dun Laoghaire Rathdown CC Dublin CC/ SDCC Dublin CC/Dun Laoghaire Rathdown CC Dublin CC Post June 2019 Consulted relevant authority Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Page 65 Page 66 Description Bedford Row – Francis St 38 kV Sept 2011 Blackrock – Ringsend 110 kV 2010 Dodder Rd – Templeogue 38 kV – November 2009 Deansgrange – Sallynoggin 38 kV – February 2019 Marina – Trabeg Two 110 kV – November 2012 Pembroke – Ringsend 38 kV – November 2011 Unidare – Whitehall 38 kV – February 2010 Francis Street – Inchicore 110 kV – July 2010 Inchicore – Marrowbone Lane – 38 kV – November 2009 Harold’s Cross – Ringsend 110kV – Sept 2009 Francis Street – Camden Row 38 kV – April 2009 ID 23 24 25 26 27 28 29 30 31 32 33 February 2009 September 2009 February 2009 July 2010 January 2010 October 2010 November 2012 March 2017 August 2009 2008 March 2009 Leak Start Date April 2009 September 2009 November 2009 July 2010 February 2010 November 2011 November 2012 February 2019 November 2009 2010 September 2011 Leak Repair Date 725 265 1,105 355 450 10,702 773 3,468 2,290 640 5,396 Total Leak (litres) 242 265 110 355 225 765 773 144 573 107 180 Rate (litres/ month) 1950 1964 1950 1964 1951 1950 1950 1964 1972 1967 Year Installed Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Cable Fluid EPA Dublin CC Pre June 2019 Dublin CC Dublin CC Dublin CC Dublin CC Dublin CC Dublin CC Awaiting meeting Dun Laoghaire Rathdown CC Dublin CC/ SDCC Dublin CC/Dun Laoghaire Rathdown CC Dublin CC Post June 2019 Consulted relevant authority Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Description Francis Street – South King Street – 38 kV March 2009 Blackrock – Ringsend 110 kV – March 2009 Inchicore – Marrowbone Lane 38 kV -November 2008 Parkview – Ringsend 38 kV – November 2008 Marina – Trabeg Two 110 kV – October 2008 Francis street – Inchicore 110 kV – October 2008 Blackrock – Ringsend 110 kV – September 2008 Carrickmines – Poolbeg 220 kV – February 2008 Donnybrook – Pembroke 38 kV – February 2008 Carrickmines – Pottery Road 110 kV – 2008 Maynooth – Turlough Hill 220 kV – September 2007 Francis Street – Inchicore 110 kV August 2007 ID 34 35 36 37 38 39 40 41 42 43 44 45 March 2005 September 2007 2008 February 2008 February 2008 April 2007 October 2008 October 2008 November 2008 November 2008 October 2008 January 2009 Leak Start Date August 2007 September 2007 2008 February 2008 February 2008 September 2008 October 2008 October 2008 November 2008 November 2008 March 2009 March 2009 Leak Repair Date 8,435 294 3,000 460 590 12,760 3,765 3,555 100 285 12,140 755 Total Leak (litres) 281 294 n/a n/a 590 709 3,765 3,555 n/a n/a 2,023 252 Rate (litres/ month) Table 2:  A table summarising historic fluid filled cable leaks prior to April 2009. 1964 1973 1972 1972 1971 1972 1964 1972 1951 1950 1972 1965 Year Installed Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Cable Fluid Dublin CC Dun Laoghaire Rathdown CC Pre June 2019 Dublin CC Awaiting meeting Dun Laoghaire Rathdown CC Dublin CC Dublin CC/Dun Laoghaire Rathdown CC Dublin CC/Dun Laoghaire Rathdown CC Dublin CC Awaiting meeting Dublin CC Dublin CC Dublin CC/Dun Laoghaire Rathdown CC Dublin CC Post June 2019 Consulted relevant authority Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Page 67 Page 68 Description East Wall Road – McDermott 38 kV – April 2007 East Wall Road – Ringsend 38 kV – March 2007 Blackrock – Ringsend 110 kV – December 2006 Poolbeg – Ringsend TF4 110 kV – August 2006 East Wall Road – McDermott 38 kV – September 2006 Marina – Trabeg Two 110kV – November 2005 Parkview – Ringsend 38 kV – May 2005 Marrowbone Lane – Newmarket 38 kV – March 2005 East Wall Road – North Wall 38 kV – December 2004 Francis Street – Inchicore 110kV – 2004 Fairhill – Kilbarry 38 kV November 2004 Inchicore – Poolbeg Two 220 kV – July 2004 East Wall Road – Fairview – April 2004 ID 46 47 48 49 50 51 52 53 54 55 56 57 58 March 2002 May 2004 January 2004 2004 March 2004 December 2004 June 2003 November 2005 April 2005 August 2010 July 2004 January 2007 April 2007 Leak Start Date April 2004 July 2004 November 2004 November 2004 December 2004 March 2005 May 2005 November 2005 November 2005 August 2006 December 2006 March 2007 April 2007 Leak Repair Date 29,164 1,137 1,028 4,338 15,637 6,554 10,610 400 7,526 210 27,177 390 620 Total Leak (litres) 1,121 379 93 n/a 1,563 1,638 442 400 940 210 906 130 620 Rate (litres/ month) 1951 1984 1964 1964 1951 1950 1951 1972 1951 1983 1972 1951 1951 Year Installed Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene/ Mineral Oil mix Cable Fluid Dublin CC Dublin CC, Waterways Ireland Dublin CC Cork CC Dublin CC EPA Dublin CC Pre June 2019 Dublin CC Dublin CC Awaiting meeting Dublin CC/ Waterways Ireland Dublin CC Dublin CC Dublin CC Awaiting meeting Dublin CC Dublin CC Dublin CC/Dun Laoghaire Rathdown CC Dublin CC Dublin CC Post June 2019 Consulted relevant authority Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Description Ballymun – Fairview – March 2004 Pembroke – Ringsend 38 kV – 2004 Dennehy’s Cross – Liberty Street 38 kV – 2001 Blackrock – Ringsend 110 kV – November 2003 Phibsborough – Granby Row – July 2003 Inchicore – Poolbeg Two 220 kV – May 2003 Pembroke – Ringsend 38 kV – 2003 Finglas – Merville 38 kV – November 2002 Finglas – Northwall 220 kV – December 1998 Francis Street – Inchicore 110kV – 1993 ID 59 60 61 62 63 64 65 66 67 68 August 93 November 1998 November 2002 2000 May 2003 August 2002 October 2003 2001 2004 April 2003 Leak Start Date November 1993 December 1998 November 2002 2003 May 2003 July 2003 November 2003 2004 2004 March 2004 Leak Repair Date 1,000 2,363 648 126,309 300 285 4,206 11,772 28,614 3,927 Total Leak (litres) 250 2,363 648 2,631 300 24 2,103 295 2,631 328 Rate (litres/ month) 1964 1979 1967 1950 1984 1950 1972 1968 1950 1950 Year Installed Linear Alkyl Benzene/ Mineral Oil mix High Pressure Cable Oil Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Cable Fluid Dublin CC Dublin CC Dun Laoghaire Cork CC Pre June 2019 Dublin CC/ Waterways Ireland Dublin CC Dublin CC Dublin CC Dublin CC Dublin CC Dublin CC/Dun Laoghaire Rathdown CC Awaiting meeting Dublin CC Dublin CC Post June 2019 Consulted relevant authority Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Page 69 Page 70 Description Bedford Row – South King Street Francis Street – Inchicore Harold’s Cross – Ringsend Coolock – Raheny Clontarf – East Wall Road Deansgrange – Sallynoggin Finglas – Merville ID FFC – 2019- 001 FFC – 2019-004 FFC – 2019-006 FFC – 2019-003 FFC – 2019-002 FFC – 2019-007 FFC – 2019-008 October 2019 August 2019 May 2018 May 2018 June 2019 August 2018 June 2017 Leak Start Date October 2019 N/A N/A N/A N/A September 2019 August 2019 Leak Repair Date 1090 183 1,555 2,330 115 1,508 5,407 Total Leak (litres) 1090 183 103 155 38 116 200 Rate (litres/ month) 1965 1950 1964 1972 1964 1964 1950 Year Installed Table 3:  A table summarising ‘current and new’ fluid filled cable leaks from June 2019. Linear Alkyl Benzene CAS 67774-74-7 Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil mix Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene Linear Alkyl Benzene/ Mineral Oil Cable Fluid Junction of Wellmount Road and Finglas Road To Be Confirmed To Be Confirmed To Be Confirmed To Be Confirmed Oscar Square Trinity Street Leak Detection Dublin CC, Fisheries Ireland and EPA Dun Laoghaire Rathdown CC Dublin CC Dublin CC Dublin CC DCC/Waterways Ireland Dublin CC Reported Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks 2017 1,073,102 10,900,680 440,081 2009 €50 million 2008 – 15,201 1,729,872 14,721 714,846 21,741 713,959 54,600 646,302 32,270 6,523,593 32,307 3,635,333 38,669 1,099,200 31,415 10,900,680 26,061 440,081 28,126 138,277 – 959,623 2010 Leakage (litres) 2,451,780 27,068 2011 900,518 53,140 2012 Actual Spend Total (Transmission + Distribution) 311,014 €20.5 million 2013 138,277 556,128 2014 762,883 416,294 2015 Actual Spend (Distribution Only) 651,526 2016 PR2 N/A €25.8 million 2018 PR3 Total Transmission Allowance Total Distribution Allowance 2019 PR4 29,348 148,242 148,242 2007 – 1,764,023 1,764,023 2006 324,459 31,806,706 18,202,081 TOTAL Table 4: Details ESB Networks capex allowance, actual spend and cable fluid loss for price review PR4, PR3 and PR2 over the period 2006 to 2010. PR1 did not consider fluid filled cables hence it is not included in the table. Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Page 71 Environmental Protection Agency Investigation into ESB Networks Fluid Filled Underground Electricity Cable Leaks Appendix 5 – ESB Networks Fluid Filled Cable Protocols Cable Fluid Incident Response Protocol – Rev 01 Historic Cable Fluid Incident Response Protocol – Rev 001 Policy Management of Fluid Filled Cables in ESB Networks Page 72 Cable Fluid Incident Response Protocol Rev 01 Date: September 2019 1 of 12 Document Title: Revision No.: Prepared by: Title: Reviewed by: Title: Approved by: Title: Cable Fluid Incident Response Protocol 01 Jim Fitzpatrick Date:01/07/2019 Senior Specialist Anne Marie Casey Date: 02/07/2019 Senior Contaminated Land Specialist Greg Hanna Date: 03/07/2019 Underground Networks Asset Manager Change History of Report Date 06/09/19 New Revision Rev_01 Author AMC/ PK Summary of Change ELD Considerations 2 of 12 Contents 1 Introduction ................................................................................. 4 2 Cable Fluid Loss Management Process ...................................... 4 Step 1: Fluid Usage Monitoring ....................................................... 4 Step 2: Notification of Potential Leak ............................................ 5 Step 3: Establish Leak Location ..................................................... 6 Step 4: Notification of Actual Leak ................................................ 6 Step 5A: ELD Assessment and Corrective Action ........................ 6 Step 5B: Contaminated Land and Groundwater Site Assessment 6 Step 5C: Cable Repair ..................................................................... 7 3 Risk Based Approach to Fluid Loss Assessment & Corrective Action .................................................................................................. 8 3.1 Environmental Liabilities Directive (Regulations) Assessment .................................................................................... 8 3.2 Contaminated Land and Groundwater Site Assessment ...... 9 3.3 Stage 1: Site Characterisation & Assessment....................... 9 3.4 Stage 2: Corrective Action Feasibility & Design ................. 12 3 of 12 1 Introduction ESB Networks operates and maintains a network of High Voltage (HV) underground cables of over 1,600 km across Ireland, of which approximately 205 km (175 km operational) are insulated by cable fluid. The cable fluid acts as an electrical insulator and aids the conduction of heat away from the conductor allowing the cable to be run more efficiently. The fluid also protects the cables from corrosion and is an integral part of the cable system. It should be noted that the location of some cables, such as those feeding critical infrastructure, may be confidential and exempt from public disclosure due to security reasons. This Cable Fluid Incident Response Protocol, sets out the proposed approach of ESB Networks to assess the impact associated with cable fluid loss, in line with the EPA document - Guidance on the Management of Contaminated Land and Groundwater at EPA Licenced Sites. This protocol will implemented with relevant Local Authorities and statutory. 2 Cable Fluid Loss Management Process Fluid filled cables are largely located in urban/suburban areas and so are particularly vulnerable to considerable third party interference or damage. Over time cables can develop leaks due to corrosion /fracture/ defects in the cable sheath and in joints and terminations. The following steps are followed when ESB Network cable fluid usage increases on a particular circuit. A leak, notified to ESB Networks due to 3rd party damage will be addressed by progressing directly to Steps 4 and 5. Step 1: Fluid Usage Monitoring ESB Network monitor cable fluid usage trends on an ongoing basis. Such monitoring will indicate the status of fluid usage in each circuit and provide early indication of a potential leak. Circuits with fluid usage of over 501 litres per month for 2 consecutive months will trigger a notification to the relevant local authority and statutory bodies. Aligned with UK Operating Code on the Management of Fluid Filled Cables between Environmental Agency and Electricity Companies. 1 4 of 12 Step 2: Notification of Potential Leak ESB Networks will notify the relevant Local Authority (L A) and as required the relevant statutory and non-statutory bodies with respect to the potential leak. ESB Networks will also notify the EPA under the Environmental Liability Directive (ELD) (Regulations 2008) where there is an obligation (or potential obligation to notify under the precautionary principal) to notify. The initial notification to the LA and/or the EPA will include:  Identity of circuit  Expected general location of leak (along circuit between two known points)  Expected magnitude of a leak and the nature of fluid Where there is a potential obligation to notify under the ELD, ESB will identify whether or not strict or fault based liability is applicable. This is an initial notification based on the precautionary principal. Information provided by the LA and/or EPA at this or any subsequent stage will be included where appropriate in the relevant assessments. 5 of 12 Step 3: Establish Leak Location ESB Networks will establish the location, nature and extent of the potential loss. Leak detection techniques will be employed to establish the leak location. As appropriate to the situation, these will include Perfluorocarbon tracing (PFT) or similar technique and circuit freezing. Duration of leak detection process will be governed by issues such as volume of leak, the circuit impact environmental ranking, outage constraints, road opening constraints and nature of circuit route. Step 4: Notification of Actual Leak ESB Networks will submit a detailed notification to the relevant Local Authority and as required the relevant statutory and non-statutory bodies once the specific leak location is confirmed. Separate notification will be issued to the EPA to inform them where there is an ELD obligation to notify. Step 5A: ELD Assessment and Corrective Action Complete an environmental site assessment to further assess the potential risk to water damage, land damage and damage to natural habitats and protected species. The following stages of assessment will be undertaken as required; 1. Risk Assessment: a. Desk-based Assessment b. Detailed Site Assessment 2. Corrective Action Plan a. Develop and implement a remedial action plan where required. Step 5B: Contaminated Land and Groundwater Site Assessment ESB Networks will be responsible for the appropriate environmental assessment and corrective action for each location. ESB Network will initiate the Risk Based Approach to Leak Assessment and Corrective Action – as detailed in Section 3. ESB Networks will engage with representatives of the relevant Local Authority, statutory and non-statutory bodies during the course of the risk based process outlined in Section 3. ESB Networks will be responsible for providing regular technical and non-technical updates to representatives of the relevant Local Authority, statutory and non-statutory bodies in order to attain agreement on next-step requirements throughout the course of the works. 6 of 12 ESB Networks will keep the Local Authority, relevant statutory and non-statutory bodies updated on progress and outcomes. Step 5C: Cable Repair In parallel with the Environmental Assessment and Corrective Action, ESB Networks will organise necessary permissions/licences, the required resources, equipment and materials to repair the cable and comply with its statutory obligations. Given the nature and location of the cables it is envisaged that constraints, outside the direct control of ESB Networks, may be encountered during the course of the cable repair works. Constraints such as road opening permissions, safety requirements, third party land access approvals and electrical outages may impact on these timeframes. ESB Networks will keep the Local Authority, relevant statutory and non-statutory bodies updated on cable repair progress and outcomes. 7 of 12 3 Risk Based Approach to Fluid Loss Assessment & Corrective Action A risk-based approach will be adopted to assess the potential risks to human health and the environment. The risk-based approach applied is consistent with guidance which in turn separately addresses the differing requirements of relevant environmental legislative guidance, namely;   EPA, Environmental Liabilities Regulations Guidance Document, 2011 EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed site Liabilities 3.1 Environmental (Regulations) Assessment Directive The Environmental Liability Directive (ELD) (Regulations 2008) define environmental damage under three categories:    Damage to natural habitats and protected species - any damage that has significant adverse effects on reaching or maintaining the favorable conservation status of European designated habitats or species (i.e. those covered by the Habitats Directive (92/43/EEC) and Birds Directive (79/409/EEC). Water damage - damage which significantly adversely affects the ecological, chemical and/or quantitative status and/or ecological potential of waters covered in the Water Framework Directive (2000/60/EC). Land damage - any contamination that creates a significant risk of human health being adversely affected as a result of the direct or indirect introduction in or under the land of substances, preparations, organisms or micro-organisms. In order to assess obligations under the ELD, the following steps will be implemented; 2. Initial screening to determine whether there is an ELD obligation (or potential obligation to notify under the precautionary principal) to notify under either of the following categories; a. Strict liability applies to a wide range of operations that are listed in Schedule 3 of the Regulations. The operators of these activities are held strictly liable for water damage, land damage and damage to natural habitats and protected species as defined in the Regulations. ESB would potentially have Strict Liability in relation to any incidents occurring at its respective IE-licensed sites 8 of 12 b. Fault-based liability applies to all occupational activities that are not listed in Schedule 3 of the Regulations. Operators of occupational activities other than those listed in Schedule 3 are liable for damage to natural habitats and protected species, if the operator was at fault or negligent. Fault-Based Liability in relation to incidents occurring outside any licensed sites. 3. Inform the EPA where it has been determined there is an ELD obligation (or potential obligation to notify under the precautionary principal) to notify. 4. Complete an environmental site assessment to further assess the potential risk to water damage, land damage and damage to natural habitats and protected species. The following stages of assessment will be undertaken as required; a. Desk-based Assessment b. Detailed Site Assessment 5. Develop and implement a remedial action plan where required. 3.2 Contaminated Land and Groundwater Site Assessment The following risk methodology will be adopted and follows a staged approach, addressing key issues in succession and as required. The following are the three main stages and their substages to be led by a contaminated land specialist: 1. Stage 1: Site Characterisation & Assessment o Preliminary Site Assessment o Detailed Site Assessment o Quantitative Risk Assessment 2. Stage 2: Corrective Action Feasibility & Design o Outline Corrective Action Strategy o Feasibility Study & Outline Design o Detailed Design o Final Strategy & Implementation Plan 3. Stage 3: Corrective Action Implementation & Aftercare. o Enabling Works o Corrective Action Implementation & Verification o Aftercare 3.3 Stage 1: Site Characterisation & Assessment The characterisation and assessment of the leak location involves the collection, collation and assessment of information associated with the site as directed by an 9 of 12 experienced contaminated land specialist. This stage will typically be undertaken in three phases as set out below: a) b) c) Preliminary Site Assessment, Detailed Site Assessment and Quantitative Risk Assessment (QRA). This will comprise as required:  Generic QRA (GQRA)  Detailed QRA (DQRA) On identification of the leak location, a Preliminary Site Assessment (PSA) will be undertaken by ESB Networks. As part of the PSA and following collation of available desk- based information (including any information provided by relevant Local Authorities e.g. water abstractions) and establishing the constituents of the fluid in the cable section; the contaminated land specialist develops a Conceptual Site Model (CSM) which identifies the relevant source, pathways and receptors on a site specific basis. This information is used to determine if a pollutant linkage is present. 10 of 12 Figure 1: EPA Contaminated Land & Groundwater Risk Assessment Methodology CONCEPTUAL Final Strategy & Implementation Plan Based on the findings of the PSA i.e. if a pollutant linkage is identified by the CSM, an intrusive site investigation may be required as part of the Detailed Site Assessment phase. This phase may require soil, groundwater and surface water sampling and monitoring to collect sufficient data to support the completion of a Generic Quantitative Risk Assessment (GQRA) or Detailed Quantitative Risk Assessment (DQRA). The findings of the GQRA and/or DQRA determines if a significant potential risk to human health or the environment is present which requires corrective action or if, following the assessment, it can be determined that risks associated with the leak are not considered significant, thereby concluding the assessment process and 11 of 12 confirming no further action is required with the relevant Local Authority, statutory and non-statutory bodies. 3.4 Stage 2: Corrective Action Feasibility & Design If Stage 1 identifies a significant potential risk to either human health or the environment then ESB Networks will submit notifications to other relevant authorities, in accordance with relevant Regulations, such as the Environmental Liabilities Regulations. The environmental assessment will progress to Stage 2 of this Methodology. This stage considers the feasibility of appropriate Corrective Action options and a design/plan for Corrective Action will be determined in consultation with the relevant authority. Corrective Actions can comprise an action programme ranging from Monitored Natural Attenuation (MNA) to the need for extensive site remediation works and installation and management of treatment systems (active remediation). The justification for the selected corrective action approaches to be undertaken on the basis of impact on the environment and also consider factors such as practicability, likelihood of success in achieving the remedial objectives, cost, timescale and sustainability and in agreement with the relevant Local Authority, statutory and non-statutory bodies. 3.5 Stage 3: Corrective Action Implementation & Aftercare The implementation of the Corrective Action scheme designed at Stage 2 is undertaken in Stage 3 with a critical element being verification that the corrective action strategy is achieving its aims. For those sites that require Stage 3 action, the risk assessment methodology allows for sign-off and closeout by the relevant authorities, or the management of an issue in the long term, as well as the opportunity to review the actions taken, their appropriateness and their efficiency in achieving the desired environmental outcome. The time taken to progress through the three main stages very much be based on site-specific circumstances. However, the following are some timeframes referenced in the EPA document - Guidance on the Management of Contaminated Land and Groundwater at EPA Licenced site:    Stage 1: Normally 3–18 months Stage 2: 6–12 months (if needed) Stage 3: Typically a number of years (if needed). Given the nature and location of the cables it is envisaged that constraints, outside the direct control of ESB Networks, may be encountered during the course of the risk based assessment. Constraints such as road opening permissions, safety requirements, third party land access approvals and electrical outages may impact on these timeframes. Timeframes and other limitations associated with these constraints will be identified during the course of implementing the risk based process and the LA will be consulted on their impact to the overall assessment. 12 of 12 Historic Cable Fluid Incident Response Protocol Rev 001 Date: September 2019 Document Title: Revision No.: Prepared by: Title: Reviewed by: Title: Approved by: Title: Historic Cable Fluid Incident Response Protocol 00 Jim Fitzpatrick Date:01/07/2019 Senior Specialist Anne Marie Casey Date: 02/07/2019 Senior Contaminated Land Specialist Greg Hanna Date: 03/07/2019 Underground Networks Asset Manager Change History of Report Date New Revision Rev_01 Author AMC/JR/PK Summary of Change ELD Considerations Contents 1 Introduction 4 2 Historic Cable Fluid Incident Engagement 4 3 Risk Based Approach to Fluid Loss Assessment & Corrective Action 5 3.1 Stage 1: Site Characterisation & Assessment 5 3.2 Stage 2: Corrective Action Feasibility & Design 7 3.3 Stage 3: Corrective Action Implementation & Aftercare 7 2 of 9 1 Introduction ESB Networks operates and maintains a network of High Voltage (HV) underground cables of over 1,600 km across Ireland, of which approximately 205 km (175 km operational) are insulated by cable fluid. The cable fluid acts as an electrical insulator and aids the conduction of heat away from the conductor allowing the cable to be run more efficiently. The fluid also protects the cables from corrosion and is an integral part of the cable system. It should be noted that the location of some cables, such as those feeding critical infrastructure, may be confidential and exempt from public disclosure due to security reasons. Fluid filled cables are largely located in urban/suburban areas and so are particularly vulnerable to considerable third party interference or damage. Over time cables can develop leaks due to corrosion /fracture/ defects in the cable sheath and in joints and terminations. This Historic Cable Fluid Incident Response Protocol, sets out the proposed approach of ESB Networks to assess the impact associated with historic cable fluid loss, in line with the EPA document - Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites. This document will be implemented with relevant Local Authorities and statutory bodies. 2 Historic Cable Fluid Incident Engagement ESB Networks has identified 39 locations where known historic leaks has occurred since 2009. The information associated with known locations of historic leaks available to the relevant Local Authority, statutory and non-statutory bodies. ESB Networks is responsible for carrying out the appropriate environmental assessment and corrective action (if required) for each location. ESB Networks will engage with representatives of the relevant Local Authority, statutory and non-statutory bodies during the course of the risk based process outlined in Section 3. It is suggested that this engagement will be achieved by establishing a Joint Working Group or through local liaisons with the relevant Local Authority and/or statutory - details to be agreed - as appropriate and as required. ESB Networks is responsible for providing regular technical and non-technical updates to the Joint Working Group or representatives of the relevant Local Authority, statutory and non-statutory bodies in order to attain agreement on next-step requirements throughout the course of the works. 3 of 9 3 Risk Based Approach to Fluid Loss Assessment & Corrective Action A risk-based approach will be adopted to assess the potential risks to human health and the environment. The risk-based approach applied is consistent with guidance which in turn separately addresses the differing requirements of relevant environmental legislative guidance, namely;   EPA, Environmental Liabilities Regulations Guidance Document, 2011 EPA Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed site Liabilities 3.1 Environmental (Regulations) Assessment Directive The Environmental Liability Directive (ELD) (Regulations 2008) define environmental damage under three categories:    Damage to natural habitats and protected species - any damage that has significant adverse effects on reaching or maintaining the favorable conservation status of European designated habitats or species (i.e. those covered by the Habitats Directive (92/43/EEC) and Birds Directive (79/409/EEC). Water damage - damage which significantly adversely affects the ecological, chemical and/or quantitative status and/or ecological potential of waters covered in the Water Framework Directive (2000/60/EC). Land damage - any contamination that creates a significant risk of human health being adversely affected as a result of the direct or indirect introduction in or under the land of substances, preparations, organisms or micro-organisms. In order to assess obligations under the ELD, the following steps will be implemented; 1. Initial screening to determine whether there is an ELD obligation (or potential obligation to notify under the precautionary principal) to notify under either of the following categories; a. Strict liability applies to a wide range of operations that are listed in Schedule 3 of the Regulations. The operators of these activities are held strictly liable for water damage, land damage and damage to natural habitats and protected species as defined in the Regulations. ESB would potentially have Strict Liability in relation to any incidents occurring at its respective IE-licensed sites 4 of 9 b. Fault-based liability applies to all occupational activities that are not listed in Schedule 3 of the Regulations. Operators of occupational activities other than those listed in Schedule 3 are liable for damage to natural habitats and protected species, if the operator was at fault or negligent. Fault-Based Liability in relation to incidents occurring outside any licensed sites. 2. Inform the EPA where it has been determined there is an ELD obligation (or potential obligation to notify under the precautionary principal) to notify. 3. Complete an environmental site assessment to further assess the potential risk to water damage, land damage and damage to natural habitats and protected species. The following stages of assessment will be undertaken as required; a. Desk-based Assessment b. Detailed Site Assessment 4. Develop and implement a remedial action plan where required. 3.2 Contaminated Land and Groundwater Site Assessment The following risk methodology will be adopted and follows a staged approach, addressing key issues in succession and as required. The following are the three main stages and their substages to be led by a contaminated land specialist: 1. Stage 1: Site Characterisation & Assessment o Preliminary Site Assessment o Detailed Site Assessment o Quantitative Risk Assessment 2. Stage 2: Corrective Action Feasibility & Design o Outline Corrective Action Strategy o Feasibility Study & Outline Design o Detailed Design o Final Strategy & Implementation Plan 3. Stage 3: Corrective Action Implementation & Aftercare. o Enabling Works o Corrective Action Implementation & Verification o Aftercare 3.3 Stage 1: Site Characterisation & Assessment The characterisation and assessment of the leak location involves the collection, collation and assessment of information associated with the site as directed by an 5 of 9 experienced contaminated land specialist. This stage will typically be undertaken in three phases as set out below: a) b) c) Preliminary Site Assessment, Detailed Site Assessment and Quantitative Risk Assessment (QRA). This will comprise as required:  Generic QRA (GQRA)  Detailed QRA (DQRA) On identification of the leak location, a Preliminary Site Assessment (PSA) will be undertaken by ESB Networks. As part of the PSA and following collation of available desk- based information (including any information provided by relevant Local Authorities e.g. water abstractions) and establishing the constituents of the fluid in the cable section; the contaminated land specialist develops a Conceptual Site Model (CSM) which identifies the relevant source, pathways and receptors on a site specific basis. This information is used to determine if a pollutant linkage is present. 6 of 9 Figure 1: EPA Contaminated Land & Groundwater Risk Assessment Methodology CONCEPTUAL Final Strategy & Implementation Plan Based on the findings of the PSA i.e. if a pollutant linkage is identified by the CSM, an intrusive site investigation may be required as part of the Detailed Site Assessment phase. This phase may require soil, groundwater and surface water sampling and monitoring to collect sufficient data to support the completion of a Generic Quantitative Risk Assessment (GQRA) or Detailed Quantitative Risk Assessment (DQRA). The findings of the GQRA and/or DQRA determines if a significant potential risk to human health or the environment is present which requires corrective action or if, following the assessment, it can be determined that risks associated with the leak are not considered significant, thereby concluding the assessment process and 7 of 9 confirming no further action is required with the relevant Local Authority, statutory and non-statutory bodies. 3.4 Stage 2: Corrective Action Feasibility & Design If Stage 1 identifies a significant potential risk to either human health or the environment then ESB Networks will submit notifications to other relevant authorities, in accordance with relevant Regulations, such as the Environmental Liabilities Regulations. The environmental assessment will progress to Stage 2 of this Methodology. This stage considers the feasibility of appropriate Corrective Action options and a design/plan for Corrective Action will be determined in consultation with the relevant authority. Corrective Actions can comprise an action programme ranging from Monitored Natural Attenuation (MNA) to the need for extensive site remediation works and installation and management of treatment systems (active remediation). The justification for the selected corrective action approaches to be undertaken on the basis of impact on the environment and also consider factors such as practicability, likelihood of success in achieving the remedial objectives, cost, timescale and sustainability and in agreement with the relevant Local Authority, statutory and non-statutory bodies. 3.5 Stage 3: Corrective Action Implementation & Aftercare The implementation of the Corrective Action scheme designed at Stage 2 is undertaken in Stage 3 with a critical element being verification that the corrective action strategy is achieving its aims. For those sites that require Stage 3 action, the risk assessment methodology allows for sign-off and closeout by the relevant authorities, or the management of an issue in the long term, as well as the opportunity to review the actions taken, their appropriateness and their efficiency in achieving the desired environmental outcome. The time taken to progress through the three main stages very much be based on site-specific circumstances. However, the following are some timeframes referenced in the EPA document - Guidance on the Management of Contaminated Land and Groundwater at EPA Licenced site:    Stage 1: Normally 3–18 months Stage 2: 6–12 months (if needed) Stage 3: Typically a number of years (if needed). Given the nature and location of the cables it is envisaged that constraints, outside the direct control of ESB Networks, may be encountered during the course of the risk based assessment. Constraints such as road opening permissions, safety requirements, third party land access approvals and electrical outages may impact on these timeframes. Timeframes and other limitations associated with these constraints will be identified during the course of implementing the risk based process and the LA will be consulted on their impact to the overall assessment. 8 of 9 - Policy Management of Fluid Filled Cables in ESB Networks To provide feedback or view the errata log for this document, click here: Issuing Authority: Content Owner: Document Number: Document Status: Provide Feedback View Feedback Log Head of Asset Management Looby. Tom (ESB Networks) DOC-301007-ANR Approved Version: Status Date: 0 01/09/07 The Requirements of this document shall be complied with by all users. Feedback on this document is welcome and should be given to the Content Owner. Requests for derogation(s) shall be referred to the Content Owner.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                An Ghníomhaireacht um Chaomhnú Comhshaoil Tá an Ghníomhaireacht um Chaomhnú Comhshaoil (GCC) freagrach as an gcomhshaol a chaomhnú agus a fheabhsú mar shócmhainn luachmhar do mhuintir na hÉireann. Táimid tiomanta do dhaoine agus don chomhshaol a chosaint ar thionchar díobhálach na radaíochta agus an truaillithe. Is féidir obair na Gníomhaireachta a roinnt ina trí phríomhréimse: • Rialú: Déanaimid córais éifeachtacha rialaithe agus comhlíonta comhshaoil a chur i bhfeidhm chun torthaí maithe comhshaoil a sholáthar agus chun díriú orthu siúd nach gcloíonn leis na córais sin. • Eolas: Soláthraímid sonraí, faisnéis agus measúnú comhshaoil atá ar ardchaighdeán, spriocdhírithe agus tráthúil chun bonn eolais a chur faoin gcinnteoireacht ar gach leibhéal. • Tacaíocht: Bímid ag saothrú i gcomhar le grúpaí eile chun tacú le comhshaol atá glan, táirgiúil agus cosanta go maith, agus le hiompar a chuirfidh le comhshaol inbhuanaithe. Ár bhFreagrachtaí CEADÚNÚ MONATÓIREACHT, ANAILÍS AGUS TUAIRISCIÚ AR AN GCOMHSHAOL • Monatóireacht a dhéanamh ar cháilíocht an aeir agus Treoir an AE maidir le hAer Glan don Eoraip (CAFÉ) a chur chun feidhme. • Tuairisciú neamhspleách le cabhrú le cinnteoireacht an rialtais náisiúnta agus áitiúil (m.sh. tuairisciú tréimhsiúil ar Staid Chomhshaol na hÉireann agus Tuarascálacha ar Tháscairí). • Rialú Astaíochtaí na nGás Ceaptha Teasa in Éirinn • Fardail agus réamh-mheastacháin na hÉireann maidir le gás ceaptha teasa a ullmhú. • An Treoir maidir le Trádáil Astaíochtaí a chur chun feidhme i gcomhair breis agus 100 de na táirgeoirí dé-ocsaíde carbóin is mó in Éirinn. TAIGHDE AGUS FORBAIRT COMHSHAOIL • Taighde comhshaoil a chistiú chun brúnna a shainaithint, bonn eolais a chur faoi bheartais, agus réitigh a sholáthar i réimsí na haeráide, an uisce agus na hinbhuanaitheachta. MEASÚNÚ STRAITÉISEACH COMHSHAOIL Déanaimid na gníomhaíochtaí seo a leanas a rialú ionas nach ndéanann siad dochar do shláinte an phobail ná don chomhshaol: • Measúnacht a dhéanamh ar thionchar pleananna agus clár beartaithe ar an gcomhshaol in Éirinn (m.sh. mórphleananna forbartha). • saoráidí dramhaíola (m.sh. láithreáin líonta talún, loisceoirí, stáisiúin aistrithe dramhaíola); COSAINT RAIDEOLAÍOCH • gníomhaíochtaí tionsclaíocha ar scála mór (m.sh. déantúsaíocht cógaisíochta, déantúsaíocht stroighne, stáisiúin chumhachta); • an diantalmhaíocht (m.sh. muca, éanlaith); • úsáid ghlanscartha agus scaoileadh rialaithe Orgánach Géinmhodhnaithe (OGanna); • foinsí radaíochta ianúcháin (m.sh. trealamh x-gha agus radaiteiripe, foinsí tionsclaíocha); • Monatóireacht a dhéanamh ar leibhéil radaíochta, agus measúnacht a dhéanamh ar a oiread is atá muintir na hÉireann gan chosaint ar an radaíocht ianúcháin. • Cabhrú le pleananna náisiúnta a fhorbairt le haghaidh éigeandálaí ag eascairt as taismí núicléacha. • Monatóireacht a dhéanamh ar fhorbairtí thar lear a bhaineann le saoráidí núicléacha agus leis an tsábháilteacht raideolaíochta. • áiseanna móra stórála peitril; • Sainseirbhísí cosanta ar an radaíocht a sholáthar, nó maoirsiú a dhéanamh ar sholáthar na seirbhísí sin. • sceitheadh fuíolluisce; TREOIR, FAISNÉIS INROCHTANA AGUS OIDEACHAS • gníomhaíochtaí dumpála ar farraige. • Comhairle agus treoir a chur ar fáil d’earnáil na tionsclaíochta agus don phobal maidir le hábhair a bhaineann le caomhnú an chomhshaoil agus leis an gcosaint raideolaíoch. FORFHEIDHMIÚ NÁISIÚNTA I LEITH CÚRSAÍ COMHSHAOIL • Clár náisiúnta iniúchtaí agus cigireachtaí a dhéanamh gach bliain ar shaoráidí a bhfuil ceadúnas ón nGníomhaireacht acu. • Maoirseacht a dhéanamh ar fhreagrachtaí cosanta comhshaoil na n-údarás áitiúil. • Caighdeán an uisce óil, arna sholáthar ag soláthraithe uisce phoiblí, a mhaoirsiú. • Obair le húdaráis áitiúla agus gníomhaireachtaí eile chun dul i ngleic le coireacht chomhshaoil trí chomhordú a dhéanamh ar líonra forfheidhmiúcháin náisiúnta, díriú ar chiontóirí, agus maoirsiú a dhéanamh ar fheabhsúchán. • Cur i bhfeidhm rialachán ar nós na Rialachán um Dhramhthrealamh Leictreach agus Leictreonach (WEEE), um Shrian ar Shubstaintí Guaiseacha agus na Rialachán um rialú ar shubstaintí a ídíonn an ciseal ózóin. • Faisnéis thráthúil ar an gcomhshaol ar a bhfuil fáil éasca a chur ar fáil chun rannpháirtíocht an phobail a spreagadh sa chinnteoireacht i ndáil leis an gcomhshaol (m.sh. Timpeall an Tí, Mapaí Radóin). • Comhairle a chur ar fáil don Rialtas maidir le hábhair a bhaineann leis an tsábháilteacht raideolaíoch agus le cúrsaí práinnfhreagartha. • Plean Náisiúnta Bainistíochta Dramhaíola Guaisí a fhorbairt chun dramhaíl ghuaiseach a chosc agus a bhainistiú. MÚSCAILT FEASACHTA AGUS ATHRÚ IOMPRAÍOCHTA • Feasacht chomhshaoil níos fearr a ghiniúint agus dul i bhfeidhm ar athrú iompraíochta dearfach trí thacú le gnóthais, le pobail agus le teaghlaigh a bheith níos éifeachtúla ar acmhainní. • An dlí a chur orthu siúd a bhriseann dlí an chomhshaoil agus a dhéanann dochar don chomhshaol. • Tástáil le haghaidh radóin a chur chun cinn i dtithe agus in ionaid oibre, agus gníomhartha leasúcháin a spreagadh nuair is gá. BAINISTÍOCHT UISCE BAINISTÍOCHT AGUS STRUCHTÚR AN GCC • Monatóireacht agus tuairisciú a dhéanamh ar cháilíocht aibhneacha, lochanna, uiscí idirchreasa agus cósta na hÉireann, agus screamhuiscí; leibhéil uisce agus sruthanna aibhneacha a thomhas. Tá an ghníomhaíocht á bainistiú ag Bord lánaimseartha, ar a bhfuil Ard-Stiúrthóir agus cúigear Stiúrthóirí. Déantar an obair ar fud cúig cinn d’Oifigí: • Comhordú náisiúnta agus maoirsiú a dhéanamh ar an gCreat-Treoir Uisce. • An Oifig Forfheidhmithe i leith cúrsaí Comhshaoil • Monatóireacht agus tuairisciú a dhéanamh ar Cháilíocht an Uisce Snámha. • An Oifig um Inbhuanaitheacht Comhshaoil • An Oifig um Fhianaise agus Measúnú • An Oifig um Chosaint Radaíochta agus Monatóireacht Comhshaoil • An Oifig Cumarsáide agus Seirbhísí Corparáideacha Tá Coiste Comhairleach ag an nGníomhaireacht le cabhrú léi. Tá dáréag comhaltaí air agus tagann siad le chéile go rialta le plé a dhéanamh ar ábhair imní agus le comhairle a chur ar an mBord. EPA Headquarters Johnstown Castle Estate County Wexford Tel: (053) 916 0600 Fax: (053) 916 0699 Web: www.epa.ie Email: info@epa.ie