Some Environmentalists in Niger Delta on Thursday expressed mixed reactions on the announcement by National Oil Spills Detection and Response Agency (NOSDRA) that it would extend its regulatory mandate to the downstream sector.
NOSDRA Director-General, Mr Idris Musa said on Wednesday that the agency is actively focusing on the downstream sector to ensure compliance with environmental legislation to prevent increase in cases of pollution.
Musa said the agency was responsible for ensuring compliance with environmental legislation in the petroleum industry which covered the upstream, midstream and downstream sectors.
He explained that the upstream sector consisted of the exploration and production companies (who deal with crude oil essentially); the midstream were the refineries and depots, while the downstream were the filling stations.
While some stakeholders on the environment who spoke on the development applauded the emphasis on downstream sector,some others expressed divergent views saying that it might lead to neglect of oilfield spills regulation.
Renowned Environmentalist, Rev Nnimmo Bassey commended the move but noted that there was need for clarity between NOSDRA and Department of Petroleum Resources (DPR) roles in the downstream sector to avoid overlapping roles.
“The statement by NOSDRA is interesting. It is essential that the agency detects and responds to infringements in terms of release of hydrocarbons into the environment. It is, however, not clear who between NOSDRA and DPR actually “regulates” the sector.
“While we welcome NOSDRA’s focus on the downstream, we are concerned that the agency thinks that they have mastered the upstream territory.
“To be able to do so, the agency will require massive supply of equipment including those for overflights of oil fields as well as crafts for deep sea monitoring.
“The agency needs serious political support to penetrate the intricate web of beneficiaries from nefarious activities in the oil fields — including big time oil thieves and recalcitrant and imperial oil companies,” Bassey said.
Alagoa Morris, a Bayelsa based Environmental and Human Rights Activist also noted that the extension of regulatory functions by NOSDRA was good but might lead to conflict with DPR.
“As good as the idea may be, some may think the DPR was better saddled with such facilities like petrol stations; including approval of sites.
“Now that NOSDRA is showing interest; it is an opportunity to say some stakeholders are not comfortable with the indiscriminate citing of petrol stations; especially around crowded residential areas as is the case in Yenagoa.
“Apart from residents complaining of leaks, which is dangerous, there should be areas forbidden to locate petrol stations.
“And even where they ordinarily ought to be; there should be reasonable safe distances from the road and any other building. This is important; to avoid stories that hurt.
“If such regulations as per acceptable distances are not there already; there is need to ensure the regulations capture them in the common interest of all.
“Unfortunately, while we are not yet satisfied with NOSDRA’s role in the upstream; this intention of coming downstream is received with mixed feelings.
“Otherwise, how can Agip leave a spill point spewing crude oil since July 30th, 2019 only to mobilise to site and stop it in June, 2020 as it was in Kalaba community in Bayelsa State?
“The oil and gas industry is suffering regulatory capture; pure and simple,” Morris said.
For Mr Inuruo Wills, an Environmental Lawyer and former Commissioner for Environment in Bayelsa, NOSDRA needs to be well funded and equipped to deal with spills in the upstream sector.
“Downstream pollution is a tea cup compared to the ocean of oil pollution flooding petroleum host communities in the Niger Delta on a daily basis.
“NOSDRA needs to be funded and empowered on at least an equal footing as DPR to combat Nigeria’s world record pollution, both from operational failures and artisanal refining.
” It is also urgent to amend the NOSDRA Act to define it as the full and superior environmental regulatory agency for the petroleum industry, rather than leaving it as a mere response or reaction agency.
“The present Act suffers from too many conceptual defects and operational gaps, which are frustrating the body.
“Also, the President should take steps to relocate NOSDRA to the Niger Delta. Having its head office in Abuja renders it a virtual response agency instead of an actual one. It is like leaving NIMASA head office in Abuja, which would be senseless.
But for Mr Furoebi Akene , a Surveyor and Environmental Impact Assessment expert, the move was outside the mandate of NOSDRA Act of 2006.
“It is disheartening and disappointing to hear from the helmsman of NOSDRA that they want to leave the major responsibilities of the Agency as outlined in sections 5, 6, 7 and 19 of the agency’s establishment Act 2006 to monitor filling stations in the country.
“What then is the positions and responsibilities of National Environmental Standards and Regulations Enforcement Agency -NESREA-, Directorate of Petroleum Resources, etc.
“There are incessant crude oil spills in the Niger Delta region almost on daily basis overwhelming the agency and leaving these to shift focus on filling stations is unfortunate,” Akene said.
