ES 20: Mitigation Measures
S. I. 15 - National Environmental Protection Management of Solid and Hazardous Wastes Regulation (1991) (FMEnv)
5 projects. The procedure also indicates the steps to be followed (in the EIA process) from project conception to commissioning in order to ensure that the project is executed with adequate consideration for the environment.
EIA Sectoral Guidelines for Oil and Gas Industry Projects, 1995
In compliance with its mandate, FEPA issued the EIA Sectoral Guidelines for Oil and Gas Industry Projects, 1995. Contained in the Procedural Guidelines (pg. 8) are Category I projects (mandatory study activities) and listed under item 15, sub-item (a) on page 10) (Petroleum) is Oil and Gas Fields Development, making an EIA mandatory for the proposed project. The Procedural Guidelines also indicate the steps to be followed (in the EIA process) from project conception to commissioning in order to ensure that the project is executed with adequate consideration for the environment. Annex C contains the EIA writing format as required by FMEnv. The guidelines are intended to assist in the proper and detailed execution of EIA studies of projects in consonance with the EIA Act.
S.I. 15 - National Environmental Protection Management of Solid and Hazardous Wastes
6
• Address sectoral priorities, plans, policies and strategies for the major sectors of the economy and,
• Simultaneously foster regional and global partnerships.
FEPA (Now FMEnv) National Policy on the Environment (1989)
This gave the policy goals, conceptual framework and strategies for implementation.
Forestry Law CAP 51 LFN 1994
The Forestry Act 1958 which was amended as the Forestry Law CAP 51 LFN 1994 prohibits any act that may lead to the destruction of or cause injury to any forest produce, forest growth or forestry property in Nigeria. The law prescribes the administrative framework for the management, utilization and protection of forestry resources in Nigeria, which is applicable to the mangrove, and other forests of the Niger Delta.
Land Use Act CAP 202 LFN 1990
The land-use Act of 1978 states that “… it is also in the public interest that the rights of all Nigerians to use and enjoy land in Nigeria in sufficient quality to enable them to provide for the sustenance of themselves and their families should be assured, protected and preserved”.
National Inland Waterways Authority Act No 13 of 1997
This Act established the National Inland Waterways Authority with a view to improving and developing inland waterways for navigation, providing an alternative mode of transportation for the evacuation of economic goods and persons, executing the objectives of the national transport policy as they concern inland waterways. The Act also prescribes regulations and sanctions on the use and exploitation of resources of inland waterways such as dredging, sand or gravel, mining and erection of permanent structures within the right-of-way or diversion of water from a declared waterway.
National Oil Spill Detection and Response Agency Act 2006 as amended
Ths act established the National Oil Spill Detection and Response Agency with a view of coordinating and implementing the national oil spill contingency plan and establishing mechanism to monitor and assist, or where necessary, directing the response. NOSDRA basically provides oversight function for oil spill detection, reporting and response in Nigeria.
Endangered Species Act CAP E9 LFN 2004
This Act prohibits hunting, capture and trade of some endangered species like crocodile, alligator, turtles, Parrot, etc. The Endangered (Control of International Trade and Traffic) Decree (No. 11 of 1985) has been enacted by the Federal Republic of Nigeria specifically to implement CITES. It is broader than CITES in that it also covers domestic taking of listed species. Two schedules are included: Schedule I (Endangered Species – Animals in relation to which International Trade is absolutely Prohibited), and Schedule 2 (Animals in Relation to which International Trade may only be conducted under License). The decree prohibits taking
7 of Schedule 1 species and requires that taking of Schedule 2 species be in accordance with a license issued under the decree.
Petroleum Act CAP 350 LFN 1990
An Act to provide for the exploration of petroleum from the territorial waters and the continental shelf of Nigeria and to vest the ownership of, and all on-shore and off-shore revenue from petroleum resources derivable therefrom in the Federal Government and for all other matters incidental thereto.
Territorial Waters Act CAP 428 LFN 1990
The territorial waters of Nigeria shall for all purpose include every part of the open sea within twelve nautical miles of the coast of Nigeria (measured from low water mark) or of the seaward limits of inland waters. Any act or omission which-
(a) is committed within the territorial waters in Nigeria, whether by a citizen of Nigeria or a foreigner; and
(b) would, if committed in any part of Nigeria, constitute an offence under the law in force in that part, shall be an offence under that law and the person who committed it may, subject to section 3 of this Act, be arrested, tried and punished for it as if he had committed it in that part of Nigeria
Water Resources Act CAP W2 LFN 2004
The Water Resources Act vests the right to the use and control of all surface and groundwater and of all water together with the bed and banks in any watercourse affecting more than one state in the Government of the Federation. However, the Act essentially preserves existing rights, including customary rights, provided they are for domestic use, watering of livestock and personal irrigation schemes. A proviso to section 1(1) states that the subsection shall not be deemed to infringe or to constitute a compulsory right over or interest in property.
Apparently, the idea is to separate rights over water resources from other rights in property.
Nigerian Oil and Gas Industry Content Development Act 2010
The Act provides for the development of Nigerian Content in the Nigerian Oil and Gas Industry, Nigerian Content Plan, Supervision, Coordination, Monitoring and Implementation of Nigerian content and for related matters. All regulatory authorities, operators, contractors, subcontractors, alliance partners and other entities involved in any project, operation, activity or transaction in the Nigerian oil and gas industry shall consider Nigerian content as an important element of their overall project development and management philosophy for project execution.
Employee’s Compensation Act No. 13, 2010
The objectives of the Act are to— (a) provide for an open and fair system of guaranteed and adequate compensation for all employees or their dependants for any death, injury, disease or disability arising out of or in the course of employment ; (b) provide rehabilitation to employees with work-related disabilities as provided in this Act ; (c) establish and maintain a solvent compensation fund managed in the interest of employees and employers ; (d) provide for fair and adequate assessments for employers ; (e) provide an appeal procedure that is simple, fair
8 and accessible, with minimal delays ; and (f)combine efforts and resources of relevant stakeholders for the prevention of workplace disabilities, including the enforcement of occupational safety and health standards.
1.4.3: Legislations guiding Environmental management in Bayelsa State
The Bayelsa state regulations guiding Environmental management includes but not limited to the following:
• Bayelsa State Environmental and Development Planning Authority Law 1998;
• Bayelsa State Pollution Compensation Tax Law 1998;
• Bayelsa State Forestry Law 1998.
1.4.4: Legislations guiding Environmental management in Rivers State
• Rivers State Environmental Protection Agency Law No. 2 of 1994
• Rivers State Private Health and Allied Establishments Authority Law, 2001
• Rivers State Public Health Law, 1999
• Rivers State Noise Pollution Control Law of 1984
1.4.2: International Laws and Regulations
Nigeria is signatory to several laws, treaties and regulations that govern the environment.
Among these are:
(i) World Bank Guidelines on Environmental Assessment {EA} (1991)
(ii) International Union for Conservation of Nature and Natural Resources (IUCN) Guidelines
(iii) Convention on the Migratory Species of Wild Animals (Bonn Convention)
(iv) Convention of Biological Diversity
(v) Convention Concerning the Protection of the World Cultural and National Heritage Sites (World Heritage Convention)
(vi) Basel Convention on the Control of Trans-Boundary Movements of Hazardous Wastes and their Disposal and.
(vii) United Nations Framework Convention on Climate Change (1992) World Bank Guidelines on Environmental Assessment {EA} (1991)
The World Bank requires the execution of an EIA on a proposed industrial activity by a borrower as a pre-requisite for granting any financial assistance in form of loans. Details of World Bank’s EIA procedures and guidelines are published in the Bank’s EA Source Book vols. I - III of 1991. Potential issues considered for EA in the upstream oil and gas industry include the following:
• Biological Diversity
• Coastal and Marine Resources Management
• Cultural Properties
• Hazardous and Toxic Materials and
• International waterways.
9 International Union for Conservation of Nature and Natural Resources (IUCN) Guidelines, 2001
The IUCN in conjunction with the Oil Industry International Exploration and production Forum presented a set of guidelines for oil and gas exploration and production in mangrove areas. These guidelines are aimed at conservation of mangroves and enhancing the protection of marine ecosystems during E & P activities. The document also discusses the policy and principles for environmental management in mangrove areas as well as EIA procedures, Environmental Audit and Monitoring.
Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention), 1979
The Bonn Convention concerns the promotion of measures for the conservation and management of migratory species.
Convention on Biological Diversity, 1992
The objectives of the Convention include the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising out of the utilization of genetic resources.
Convention Concerning the Protection of the World Cultural and Natural Heritage Sites (or World Heritage Convention), 1972
The convention sets aside areas of cultural and natural heritage for protection. The latter is defined as areas with outstanding universal value from the aesthetic, scientific and conservation points of view.
Basel Convention on the Control of Trans-Boundary Movements of Hazardous Wastes and their Disposal, 1989
The convention focuses attention on the hazards of the generation and disposal of hazardous wastes. The convention defines the wastes to be regulated and control their trans-boundary movement to protect human and environmental health against their adverse effects.
United Nations Framework Convention on Climate Change (1992)
In order to achieve sustainable social and economic development, energy consumption for developing countries needs to grow taking into account the possibilities for achieving greater energy efficiency and for controlling greenhouse gas emissions in general. This also includes the application of new technologies on terms which make such an application economically and socially beneficial, determined to protect the climate system for present and future generations.
1.4.5: SPDC Policies and Principles
Shell Petroleum Development Company (SPDC) operates under the guidelines of Shell International and complies strictly with them. Where national standards and regulations are more stringent than Shell guidelines, SPDC’s policy is to comply with the existing national legislation.
10 (a) Business Principles
Shell companies have a systematic approach to health, safety, security and environmental management in other to achieve continuous performance improvement. To this end, Shell companies manage these matters as critical business activities, set standards and targets for improvement, and measure, appraise and report performance externally.
(b) Governing Policies
The SPDC 1998 Corporate Policies emerged with five Business Governing policies. Of interest to this document is the section on HSE referred to as ‘Health, Safety and Environment Policy’.
This policy addresses the health, safety, and environmental risks to the business and the potential impacts on staff, personnel, and the host communities. The policy reflects good practice and is mandatory.
(c) HSE Policy
It is SPDC’s Policy that all activities shall be planned and executed in a manner that,
• Preserves the health, safety and security of all Company and contractor personnel and members of the public;
• Preserves the integrity and security of Company assets;
• Minimizes the impact of operations on the environment; and
• Is sensitive to the needs and concerns of the Host Communities.
The implications of implementing this policy are that,
• All activities shall be analyzed to systematically identify related hazards, risks and sensitivities;
• Arrangements shall be put in place to control the hazards, risks and sensitivities and to deal with consequences should they arise;
• Any activity which is unhealthy, unsafe, environmentally unsound or may adversely impact relations with the community, shall be suspended until an acceptable solution is found;
• All personnel, including those of contractors, shall be trained and made fully aware of the hazards, risks, sensitivities and controls in place; and
• Plans and procedures shall be in place to respond to any emergency or loss of control.
Every employee and contractor employee must plan and perform his work in accordance with this policy. Each employee is required to report, and where necessary, suspend any activity considered to be in contravention of this policy.
(e) SCiN Biodiversity Policy
‘’In Shell, we recognize the importance of biodiversity. Therefore, we are committed to:
• Work with others to maintain Ecosystems
• Respect the basic concept of Protected Areas
11
• Partner with others to make positive contributions towards the conservation of biodiversity in our areas of operations
• Conduct Environmental Assessments with increased focus on impacts on biodiversity
• Engage and collaborate with other stakeholders to manage biodiversity responsibly especially in sensitive environments ‘’
(f) Waste Management Policy It is the policy of SPDC to:
• Take all practical and reasonable measures to minimize the generation of solid and liquid wastes, as well as emissions from construction equipment and otherwise;
• Manage and dispose off wastes in an environmentally responsible manner;
• Track and maintain records of waste streams and provide an auditable trail as to their management and disposal.
(g) Emergency Response Policy
This states that the response to any emergency within SPDC will be directed towards
• Saving life
• Care for the injured
• Protection of the environment
• Limitation of damage to assets
• Defence of SPDC’s good corporate image
• SPDC shall provide appropriate organization, facilities, procedures and training so that immediate coordinated action can be taken to manage the situation in line with the above
• Maintenance of emergency equipment shall receive high priority. Close liaison will be maintained with appropriate Government and industry organization and communities
• Regular exercises will be carried out to confirm effectiveness, and any necessary improvements made promptly so as to maintain our readiness at all times.
(h) Community Relations Policy
In order to pursue mutually beneficial relations with host communities, SPDC shall:
• Establish and maintain close relationships with all segments of the local population to better understand their concerns, needs and aspirations
• Continuously assess and abate social and economic impact of all business activities and take needed preventive or mitigating measures
• Respond to formal community request in an appropriate and timely manner
• Bring relevant issues affecting host communities to the attention of appropriate authorities and other bodies that can be of assistance
• Manage settlement of compensation for land acquired for company operations and for damages in a demonstrably fair, accountable and transparent manner and in accordance with statutory provisions and approved procedures.
12 1.5: Declaration
Shell Petroleum Development Company (SPDC) in its capacity as the operator of the Enwhe field hereby declares her intention to abide by the existing international and national laws and regulations regarding environmental protection during the Project phases. Shell Petroleum Development Company (SPDC) is committed to the implementation of the Environmental Management Plan (EMP) covering the Enwhe field. Shell Petroleum Development Company (SPDC) avows that it has prepared this EIA report using the best available expertise in personnel, equipment and internationally acceptable methods.
1.6: Structure of the EIA
The structure of the Environmental Impact Assessment Report presented below
• Chapter One - Introduction presents the background information, EIA objectives, Legal and administrative framework.
• Chapter Two - Project Justification, discusses the project background, project objectives, rationale for the project, envisaged sustainability, and development options considered;
• Chapter Three - Project Description, describes the type of project, scope, location, material input/output and by-products, waste generation, technical layout and process, operation and maintenance, project schedule;
• Chapter Four - Description of Existing Environment - provides information on the baseline environmental conditions of the project area describing the physical, chemical, biological, social, and health aspects of the environment
• Chapter Five - Associated and Potential Environmental Impacts - highlights the Associated and Potential Environmental Impacts of the proposed project;
• Chapter Six – Mitigation Measures/Alternatives – describes the mitigation options of impacts;
• Chapter Seven - Environmental Management Plan - provides the proposed plans for environmental management;
• Chapter Eight -Remediation plans after decommissioning/closure
• Chapter Nine - Conclusion and Recommendations
• Appendices
• References
13 CHAPTER TWO
PROJECT JUSTIFICATION 2.1: Introduction
The Enwhe field is part of the Gbaran Phase-3 developments in continuation of the planned phased development of the Gbaran node to supply gas and grow oil production. This chapter highlights the need for the projects in the Enwhe field, Value of the project, Project sustainability, Project options and alternatives.
2.2: Need for the Project
The Enwhe field development is expected to develop 767 Bscf of gas and 7 MMstb of condensate of the total field recoverable volume of 834 Bscf of gas and 15 MMstb of (oil and condensate), within the expected production life of the Gbaran CPF. The value drivers identified for the Enwhe FDP include but not limited to the following:
• Meet NLNG Gas Supply obligation - sustaining the planned DCQ as long as possible.
• To improve the recovery factor in the node towards the Top Quartile bracket.
• Reduced CAPEX - achieving low unit development cost to align with Partners aspiration
• and facilitate funding.
• Reduced OPEX - achieving low unit operating cost by utilizing remote operations capability to cut down on operator intervention and exposure considering remoteness of Enwhe field from Gbaran CPF.
2.3: Value of the Project
The revenue that will accrue from the sales of gas to be produced from these wells will substantially increase the foreign exchange earnings of the Federal Government and help to improve the social and health standards of the inhabitants of the area covered by the project.
The 100% JV P50 cost estimate for Enwhe Tranche-1 development approximately 450 mln USD (Wells =200 mln and Facilities = 250mln).
2.4: Envisaged Sustainability
The proposed Enwhe FDP consists of gas development (Tranche-1), and oil & gas development (Tranche-2). The Enwhe field development project is an opportunity to sustain gas supply to NLNG and maximize utilization of Gbaran CPF by developing gas and condensate in the Enwhe field. The Enwhe FDP is envisaged to be sustainable (Environmental, Technical, Economic and Social) the and details presented in this subsection.
2.4.1: Economic Sustainability
A long term gas sale agreement (GSA) is in place that commits SPDC to supply an average Daily Contractual Quantity of 1,941 MMscf/d to the six NLNG train. It is an opportunity to sustain gas supply to NLNG and maximize utilization of Gbaran CPF by maturing 0.83Tcf of recoverable gas and 15MMbls of oil and condensate. The Enwhe field has proven reserves of
14 gas that can economically and commercially support the project thereby contributing to the revenue accruing to Nigeria and SPDC.
2.4.2: Technical Sustainability
This project is technically sustainable because of SPDC’s proven oil and gas technology and strict adherence to internationally and nationally acceptable engineering design and construction standards. Innovative technologies that are economically viable and having minimal environmental, social and health impacts shall be utilised in the execution of the proposed project. New gas wells will be drilled and flowlines constructed to transport the gas to a gathering manifold, from which the gas will be transported via a bulk line to the Central Processing Facility (CPF). The CPF has gas dehydration facilities for high pressure AG and NAG treatment prior to export to NLNG.
2.4.3: Environmental Sustainability
National and international regulatory and engineering design standards, innovative technologies that have minimal environmental, social and health impacts shall be utilized in the execution of the proposed project. The incorporation of the findings and recommendations of this report at the various stages of the project development and strict adherence to the Environmental Management Plan (EMP) will ensure environmental sustainability.
2.4.4: Social Sustainability
The integration of appropriate social impact assessment and community interface management mechanisms in the Project are critical success factors to the realization of overall business objectives and SPDC corporate reputation in the area. A stakeholder engagement plan has been developed and all stakeholders, especially communities, partners, regulators and other government agencies will be engaged in a proactive and respectful manner to engender participation and secure enabling environment for the Project. The deployment of GMoU and allied processes for interface management and delivery of basic community development intervention projects and programs is critical to the success of this project. Its scope will ensure that we do not create legacy issues, but enhance community participation in the business through active collaboration with SPDC Community Content Team. Skills will also be developed and business supported to enable community participation in the project execution phase and beyond. Approximately, 2.5% of project cost (CAPEX) shall be provided for the implementation of Social Performance intervention programs and projects in the impacted communities. The fund assigned for community development through the GMoU shall be paid into a joint account maintained with the communities in tranches and spread over the duration of the agreement, which will also align with the duration of that project.
2.5: Relationship with other field
There will be two well locations, namely Enwhe East and Enwhe West with three NAG wells per location with 6” flowlines. The three NAG wells in the East will be hooked up to a manifold in the East location and then bulk flowed to the Enwhe West manifold via a 12” Carbon Steel circa 5.5km. The three NAG wells in the West location will be hooked up to the Enwhe West manifold which will be installed near the Enwhe West cluster well location. The combined