PCB M E S M E2456 T T HOSPITALIA CONSULTAIRE. Public Disclosure Authorized. Public Disclosure Authorized. Public Disclosure Authorized

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1 ublic Disclosure Authorized ublic Disclosure Authorized ublic Disclosure Authorized ublic Disclosure Authorized E CB M N E S M F ESMF T T T T HOSITALIA CONSULTAIRE

2 Contents CHATER1: BACKGOUND INTRODUCTION 1.1 Initiative World Bank EA requirements and compliance Key Issues CB Management in Nigeria olicy, Legislation and Guidelines National Laws and Regulations International Laws and Regulations...16 World Bank Guidelines on Environmental Assessment {EA} (1991) CHATER 2: ROJECT DESCRITION 2.1 roject country-nigeria Overview roject Scope roject Objectives Description of the roposed CBs Management roject roject Components CHATER 3: AROACH TO ENVIRONMENTAL AND SOCIAL ASSESSMENT 3.1 Environment and Social Safeguard olicies Typical information provided in the EA document Activities Covered under the ESMF...28 ESA Instruments required for each Component...30 CHATER 4: OTENTIAL ENVIRONMENTAL IMACTS OF EACH COMONENT 4.1 Capacity Building for CB Management Design, development and implementation of environmentally sound management (ESM) for online and offline electrical equipment and potentially contaminated sites Baseline national inventory of CBs and CB containing equipment, and development of a national CB management plan roject Management and Monitoring and Evaluation...36 CHATER 5: ROJECT-RELATED MITIGATION STRATEGY 5.1 Component 1: Capacity Building for CBs Management Component 2: Design, Development and Implementation of Environmentally Sound Management (ESM) for Online and Offline Electrical Equipment and otentially Contaminated Sites Abstract of Mitigation measures by sub-component Development of Site- Specific Safety Management lans for Interim Storage Sites/Locations HOSILATIA CONSULTAIRE

3 5.3 Component 3: Baseline national inventory of CBs and CB containing equipment, and development of a national CB management plan Component 4: roject Management and Monitoring and evaluation...41 CHATER 6: CBs MANAGEMENT ROJECT ENVIRONMENTAL ASSESSMENT 6.1 roject Alternatives Impact Assessment Impact/Hazard rediction Methodology Rating of Impacts/Hazard Determination of Associated and otential Impacts...50 CHATER 7: OVERVIEW OF ENVIRONMENTAL ASSESSMENT ROCESS 7.1 Stakeholder articipation ublic Consultation and Disclosure Institutional Arrangement: Institutional Capacity for Environmental Management Monitoring and Evaluation: Training...56 Chapter 8: COSTS AND BUDGETING FOR ESMF IMLEMENTATION HOSILATIA CONSULTAIRE

4 Executive Summary Following on efforts on the environmentally sound management of Os and CBs in particular, as part of its National Implementation lan (NI) on Os, and in part fulfilment of its obligations towards the Stockholm Convention on ersistent Organic ollutants, the Federal Government of Nigeria, through the facilitation of the World Bank, received funding from the Government of Canada to carry out two key CBs studies: Baseline National Inventory of CBs and CB-Containing Equipment in Nigeria (2008), and, Location and Assessment of the Status of CB Containing Equipment in ower Holding Facilities all over Nigeria Consistent with the Requirements of the Stockholm Convention (2009) With findings from the two projects, the Federal Government of Nigeria with the assistance of the World Bank as an implementing agency of GEF is in the process of developing a CB Management roject for Nigeria, which will entail safe and environmentally sound management of CBs, CB containing equipment and wastes. This project has four (4) major components: a Component 1: Capacity Building for CB Management b) Component 2: Design, development and implementation of environmentally sound management (ESM) for online and offline electrical equipment and potentially contaminated sites c) Component 3: Baseline national inventory of CBs and CB containing equipment, and development of a national CB management plan d) Component 4: roject management and Monitoring and Evaluation This project falls into Environmental Assessment Category B as no significant adverse long term impacts are anticipated. Indeed no long term or cumulative adverse impacts were identified during the preparation of the safeguard instrument Environmental and Social Management Framework (ESMF). The project will not fund activities that would cause any form of land acquisition or restriction of access to sources of livelihoods. The choice of ESMF is appropriate as the exact location of interim storage locations and impacts are not known at this phase of project preparation. This ESMF provides insights and mechanism to identify potential significant adverse impacts beyond the generic ones for which standard mitigation measures are built in and applied during implementation. Specifically, the potential significant environmental and social impacts identified by the ESMF are those associated with (i) Inventory and labelling of CBs and CB containing equipment; (ii) Transportation to designated interim storage facilities; (iii) cleaning up of CB contaminated sites including soil and water; and (iv) CB storage and management at designated facilities and (v) and enhancement of interim storage locations. Environmental and social protection clauses will be included in the bidding and contract documents as the case may be. Further, the ESMF also provides guidelines for preparing an Environmental Management lan (EM) or an Environmental Impact Assessment (EIA) as may be applicable during project implementation. The project will have both beneficial and negative impacts on the physical, biological and social environment. Both these impacts and their associated mitigation measures are discussed as well as the institutional mechanisms used to implement the ESMF. Roles and responsibilities are clearly stated, including capacity building efforts for participating stakeholders in the roject. The monitoring plan defines roles and HOSILATIA CONSULTAIRE

5 responsibilities for routine monitoring of the project. Routine monitoring focuses mainly on construction supervision and health, safety and environmental (HSE) protection awareness. Routine monitoring requirements are defined according to potential impacts and recommended mitigation measures. Finally, a consultation plan was developed to provide a framework for achieving effective stakeholder participation in the project. The sum of US$ was estimated as the cost of implementing the ESMF. HOSILATIA CONSULTAIRE

6 CHATER1: INTRODUCTION BACKGOUND The Stockholm Convention The Stockholm Convention is a global treaty to protect human health and the environment from persistent organic pollutants (Os). Os are chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of living organisms and are toxic to humans and wildlife. Os circulate globally and can cause damage wherever they are found. In implementing the Convention, Governments are required to take measures to eliminate or reduce the release of Os into the environment. Over 150 countries have signed the Convention and it entered into force, on 17 th May 2004, 90 days after the ratification by the fiftieth country. The Stockholm Convention is focused on eliminating or reducing releases of 12 Os originally (the so-called "Dirty Dozen"). In 2009, nine new chemicals were added to the least at CO-4. Signatories are required to reduce the risks to human health and the environment arising from their release. Enlisted parties are required to take measures (legal and/or administrative) to eliminate or heavily restrict the production and use of Os, and to minimize their unintentional production and release into the environment. The convention also, channels resources into cleaning up the existing stockpiles and dumps of Os that litter the world s landscape, and thus, targets a future free of dangerous chemicals. Five essential parts to the Stockholm Convention include: Eliminate dangerous Os Support the transition to safer alternatives Target additional Os for action Cleanup old stockpiles and equipment containing Os Work together for a Os-free future The Stockholm Convention on Os makes allowance for further chemicals to be qualified as Os (as was recently done with the nine new Os). The Dirty Dozen Os listed in the original Stockholm Convention Listed on Annex A for elimination: Aldrin Chlordane Dieldrin Endrin Heptachlor Hexachlorobenzene (HCB) Mirex Toxaphene HOSILATIA CONSULTAIRE

7 olychlorinated biphenyls (CBs) Listed on Annex B for elimination DDT (with specific exemption for disease vector control, and as a site-limited, closed system intermediate) Listed on Annex C to reduce or eliminate releases olychlorinated dioxins olychlorinated furans Hexachlorobenzene (HCB) olychlorinated biphenyls (CBs) The fourth Conference of the arties (CO 4) of the Stockholm Convention on ersistent Organic ollutants (Os) reached consensus to add nine new Os to the treaty s original "Dirty Dozen." The nine new Os added Listed on Annex A for elimination; Alpha hexachlorocyclohexane (unintended byproduct of lindane manufacture) Beta hexachlorocyclohexane (unintended byproduct of lindane manufacture) Commercial octabde - hexabromodiphenyl ether and heptabromodiphenyl ether (used as a flame retardant) Commercial pentabde - tetrabromodiphenyl ether and pentabromodiphenyl ether - (used as a flame retardant) Chlordecone (an agricultural pesticide) Hexabromobiphenyl (a flame retardant) Lindane (used in creams for treatment of head lice; previously used in agriculture -"specific exemption" for pharmaceutical use to control head lice and scabies) entachlorobenzene (used as a dyestuff carrier, fungicide, and a flame retardant) Listed on Annex B for restriction: FOS perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride (with specific exemptions for: photo masks in the semiconductor and liquid crystal display (LCD) industries, metal plating, electric and electronic parts for some printers and colour copiers, insecticides for certain fire ants and termites, oil production, carpets, leather and apparel, textiles and upholstery, paper and packaging, coatings and coating additives, rubber and plastics; and "acceptable purposes": photo-imaging, photo-resist and anti reflective coatings for semiconductors, etching agents for compound semiconductor and ceramic filter, aviation hydraulic fluids, metal plating in closed-loop systems, certain medical devices, fire-fighting foams, insect bait for control of certain leaf-cutting ants). olychlorinated Biphenyls (CBs) Composition of CBs CBs are aromatic chemicals, manufactured by the chlorination of two phenyl rings. The chemical formula is C12H10-nCln, where the chlorine number ranges from 1 to 10. Theoretically, there can be as many as 209 congeners in the CB family, although only 130 are generally found to occur in commercial products. They are generally, structurally similar organic chemicals, ranging from oily liquids to waxy solids and, were generally sold in mixtures of a number of different isomers and congeners. Individual congeners are HOSILATIA CONSULTAIRE

8 colourless, often crystalline compounds, but commercial CB mixes form yellow oily liquids to resins, with properties varying with the mixes. olychlorinated Biphenyls (CBs) are banned worldwide due to their ability to bioaccumulate, persistence in the environment, toxicity and carcinogenicity. CBs are manmade chlorinated aromatic hydrocarbons, which have been used as dielectrics in transformers & capacitors, carbon-less copy paper, fire retardants, and other applications that required products with high heat resistance, elasticity, and durability (such as in hydraulic systems, lubricating oils), and as plasticizers and solvents in paints and plastics. Their manufacture and distribution has been banned since They are also generated and released into the environment as waste by-products of chemical manufacturing and incineration. The physicochemical properties of CBs are responsible for their behaviour in the environment low solubility in water and solubility in organic matter, low vapour pressure, high degree of chemical stability under normal conditions, (19 CBs are stable at room temperature), lipophilic (high fat solubility) and thus very high bioaccumulation factor (BCF). These properties govern CB fate and transport in the environment this means that metabolism in an organism is very slow; therefore bioaccumulation occurs in the adipose (fatty) tissue. Toxicology CBs are classified as both toxic chemicals and carcinogens for humans as well as other animals, with 12 of the 209 congeners considered dioxin-like. A further 9 are considered highly toxic, and 25 have been commonly identified bio-accumulated in milk or fish. Contamination of vegetation is generally due to adsorption from contaminated soil onto the outer surface of the plant. There is no evidence for CBs being particularly phytotoxic (except for a slowing of growth at very high concentrations); however, this is an uptake route for herbivorous animals, and thus to higher mammals. Aquatic life is especially prone to bioaccumulation, with the CB concentrations increasing up the food chain. Human toxic experiences with CBs have had to do with commercial mixes rather than individual congeners. Signs and symptoms of acute CBs toxicity include chloracne, skin pigmentation and death. Chronic symptoms include liver damage, respiratory problems, CNS damage and developmental abnormalities in foetuses and newborns. HOSILATIA CONSULTAIRE

9 The past report on the partial inventory of CBs in Nigeria (2008/2009) showed that the country have high amounts of CBs-contaminated equipment and oil in various ower Holding Company of Nigeria (HCN) facilities around the country, thereby requiring the establishment and adoption of an environmentally sound management (ESM) approach. Many of the equipment inventoried where found to be out of use but still in place, or in storage, and poorly managed. Also, following the outcome of the recent study Location and Assessment of the Status of CBs-containing Equipment in HCN facilities all over Nigeria where all HCN Generation, Transmission and Distribution facilities around the country were successfully located and visited. In the course of the study it was discovered that many of the facilities contained CBs contaminated equipment, oil in drums/tanks, and a lot of sites had oil spills on them. The project was able to establish the following: The facilities locations and their GS Coordinates Estimation of the quantities of disused oils in the sites Estimation of the quantities and weight of disused equipment in the sites Estimation of the size of contaminated soils for each location Field analysis of oil for CBs contamination Identification of water bodies around the sites Samples collection for hydro-geological analysis Risk assessments for environmental and health impacts of the sites The project report issued the below stated recommendations: To achieve sound environmental management of CBs-contaminated sites, there is a need for a comprehensive evaluation of the broad range of risks (social, cultural, economic, health and ecological) posed by the sites and recommendation of appropriate remedial actions. There is an urgent need for an awareness creation and training program for all administrative and technical personnel in all generating, transmission, distribution and work shop facilities of HCN all over the country on CB, and its environmentally sound management. A need for the procurement and provision of analytical capabilities in HCN facilities for the screening of CB in transformer oil. Stakeholder and public awareness creation on the environmental and public health impacts of Hazardous chemicals and Os. Interim storage of potentially CB-containing equipment and oil should be on hard-standing, impermeable base, coated with a sealant. The areas storing drums and equipment containing CBs should be bonded and all stored items clearly labelled. HCN technical personnel especially in the transformer repair facilities should be made to stop disposal and pouring of oils on the ground and into water bodies Long-term monitoring and evaluation of potentially CBs-contaminated sites should be conducted to determine management approach, evaluate the HOSILATIA CONSULTAIRE

10 effectiveness of the chosen management option, and ensure adequate, continuous protection of humans and the environment. Establishment of institutional controls (interim controls), implemented to control exposure to contaminants and reduce risk to humans and the environment until risks can be reduced to acceptable levels by other management options - (There are four general categories of institutional controls: government controls; proprietary controls; enforcement tools with institutional-control components; and informational devices). Increase regularity for Environmental Impact Assessment (EIA) for potentially contaminated sites. There is a need for the construction of facilities for temporary storage of CBcontaining waste (including suitable drums and steel trays). reparation and conduct of a full inventory of CB-containing equipment with labelling and localization. reparation of guidelines for decontamination of equipment using BAT & BE. Determination of the price for transport, temporary storage and final disposal( including comparison of disposal technologies) Construction of facilities for destruction of CB-containing equipment. Reporting of spillage, housekeeping and maintenance frameworks need to be established within facilities to aid management protocols. The above stated recommendations from the study require that sites will need to be managed in an environmentally sound manner. It also addresses the likelihood of site activities to generate significant adverse effects from construction works, upgrading of laboratories, and enhancement of interim storage facilities. This underscores the need to develop An Environmental and Social Management Framework (ESMF) for the CB Management roject in Nigeria. The choice of the ESMF is hinged on the fact that at this time of project preparation, the nature of impacts and the sites or facilities selected for the interim locations are not known to permit the preparation of an Environmental Impact Assessment (EIA) or an Environmental and Social Impact Assessment (ESIA) HOSILATIA CONSULTAIRE

11 1.1 Initiative Following the outcomes of the CB studies undertaken in the country with assistance from the Canadian Trust Fund on Os and facilitated by the World Bank in 2008 and 2009, the government and the Bank felt it was necessary to prepare a GEF project addressing most of the recommendations in the two studies. The proposed project is expected to positively impact both national and global objectives. At the global level, the project will assist Nigeria in meeting its obligations under the Stockholm convention and contribute to global efforts to control toxic chemicals and eliminate Os in general and CBs in particular. On the national level, it will support the implementation of the NI, National Strategy for Environmental rotection, and the vision 2020 with special attention to pollution, prevention, abatement, remediation and management theme. 1.2 World Bank EA requirements and compliance Environmental Assessment olicy O/B 4.01 is the umbrella policy within the 10 World Bank safeguards policies, and addresses mitigation, monitoring, institutional responsibility and training. Most environmental assessment instruments like the present document of ESMF usually contain an Environmental Management lan (EM), which elucidates the following areas within the context of the proposed project: olicy 1. Compliance with legal requirements and voluntary commitments. 2. Minimizing waste and preventing pollution. 3. Continual improvement in environmental, health and safety performance. 4. Sharing information on environmental performance. lanning 1. How the activities of the CB management project will affect the immediate community, national and global environments in terms of implementing the tasks of proposed project components. 2. Detailing the legal and institutional responsibilities associated with protecting the environment from the possible impacts of the CB contaminated sites and the management project. 3. Setting meaningful and focused environmental objectives and targets to guarantee project implementation and sustainability. Implementation and Operation 1. Definition of tasks to meet environmental objectives and targets. 2. Tasks identification and assignment of responsibilities. 3. Set task completion and targets. roject EM Management & Evaluation HOSILATIA CONSULTAIRE

12 1. Routine monitoring, evaluation and continual improvements to ensure optimal implementation of set project environmental, safety and health targets. 1.3 Key Issues The CB studies undertaken in 2008 and 2009 threw up challenges for the environmentally sound management of CBs in Nigeria, and issues to bring the country into full compliance with its obligations to the Stockholm Convention. The key issues opened up by the studies were: The need for a comprehensive and detailed CBs Inventory covering all CBs users in all the states and the FCT. The confirmation of all chlorination positive fields screening test results with laboratory analysis in an environmental laboratory experienced and equipped for organo-chlorines analysis. Development of mechanisms for the final elimination of CBs in the country by Improvement of awareness and training among CBs users and the general public. Development of a legal, regulatory and policy framework for the management of CBs in the country with the identification of institutional responsibilities. Development of Environmental, health and safety practices for on-line and off-line equipment, wastes and oil in HCN facilities. Labelling and development of environmentally sound temporary storage facilities for potentially CBs contaminated wastes, equipment and oil in HCN facilities. Long-term monitoring and evaluation of potentially CBs-contaminated sites should be conducted to determine management approach, evaluate the effectiveness of the chosen management option, and ensure adequate, continuous protection of humans and the environment 1.4 CB Management in Nigeria olychlorinated biphenyls (CBs) are a class of synthetic organic chemicals that are, to a large extent, chemically inert. CBs have been widely used as additives to oils in electrical equipment, hydraulic machinery, and other applications where chemical stability has been required for safety, operation, or durability. Although the chemical stability of CBs is useful technologically, their persistence, ability to travel long distances, and toxicity make them dangerous environmental health pollutants. The protection of human health and the environment requires that CBs be disposed of in an environmentally sound manner. Since all electricity business in Nigeria (generation, transmission and distribution) is for now, run by the ower Holding Company of Nigeria (HCN), it follows that almost all CB related activities are centered in and around HCN. In 2001, the government of Nigeria received funding from the Global Environment Facility (GEF) to finance enabling activities that would lead to the preparation of its NI on the Stockholm Convention. Federal Ministry of Environment was the Implementing Agency and UNIDO the executing agency for the project. Given the size of the country, its level of economic development and its complex government structure, and taking into account the amount of GEF resources available, the level of detail that could have been expected from these inventories was limited. HOSILATIA CONSULTAIRE

13 In spite of the inadequacy of the existing CB survey conducted under the GEF project, the government of Nigeria through the Federal Ministry of Environment, Housing and Urban Development has highlighted CB management as one of its top priorities regarding Os. This is due to several reasons: 1) The Nigerian electricity sector has facilities located in all 36 states and the Federal Capital Territory, with about 250 transmission transformers, 34,800 distribution transformers, and over 2,000 power transformers. Although this equipment was not surveyed by the inventory, HCN has informed the Ministry of Environment that equipment is of various ages and states of repair. According to some of the observations included in the inventory report, it is likely that many of these transformers contain CBs and that a significant number of them may not be providing adequate containment for the oils. The Ministry of Environment is therefore very concerned about the potential harm these equipments might be posing to the health of people living and working nearby HCN facilities, as well as to the environment. 2) The government of Nigeria, and more specifically the Ministry of ower, is undergoing a massive upgrade of its electricity generation and distribution capacities. As one of the government s top development priorities, it plans an up to 10,000 MW increase of its installed electricity generation capacity. Some of the upgrades will involve replacement of old equipment, which may be contaminated with CBs. It is therefore critical for the government to have a clearer picture of contamination of HCN s electrical equipment with CB, such that plans to adequately manage the decommissioning of this equipment in an environmentally sound manner can be put in place. 3) The risks to human health and to the environment posed by the unsound management of privately owned CB-containing equipment or CB stocks are also a priority of the government. In particular, information about illegal trade of spent oils, poorly managed and inadequately disposed equipment is a source of grave concern, although no actual data currently exists to assess the situation. Compiling data about these issues will allow to for better planning of the level of government enforcement of private sector operations that will be required to safe-guard human health and environmental safety. 1.5 olicy, Legislation and Guidelines Environmental policy, sustainable development policy and general legislative framework Environmental management in Nigeria is hinged on the 1989 National olicy on the Environment as revised in 1998, as well as a set of laws, regulations and guidelines to ensure the conservation of natural resources and the protection of the environment and human health. The goal of the National olicy on the Environment Government of Nigeria is to achieve sustainable development in Nigeria, and in particular to: Secure for all Nigerians a quality of environment adequate for their health and wellbeing; Restore, maintain and enhance the ecosystems and ecological processes essential for the functioning of the biosphere to preserve biological diversity and the principle of optimum sustainable yield in the use of these natural resources and ecosystems; HOSILATIA CONSULTAIRE

14 Raise public awareness and promote understanding of essential linkages between environmental and development and to encourage individual and community participation in environmental improvement efforts; and Cooperate in good faith with other countries, international organizations/agencies to achieve optimal use of transboundary natural resources and effective prevention of transboundary environmental pollution. Before and after independence in 1960, most of the legislations that can be called environmental laws in Nigeria were resource-specific or sector specific and were also piecemeal and not coordinated. Further to the discovery of about 4,000 tonnes of toxic wastes illegally dumped in Koko port in the old Bendel state (Koko port is now in Delta State) in 1988, the Federal Government promulgated on 30 December 1988 Decree No. 58 of 1988 establishing the Federal Environmental rotection Agency (FEA) (as amended by Decree No. 59 of 1992) as the apex organisation for all matters relating to environmental protection and natural resources conservation in the country. The decree is now incorporated as an Act in Chapter 131 Laws of the Federation of Nigeria, The intention is that while the Federal Level controls all conservation and environmental protection issues, roles for participation in the implementation of the national policy on environment should be allocated to the states and local governments. Consequently, State Environmental rotection Agencies (SEAs) were established in the states while Environmental Committees were also established at the local government levels. The National Council on Environment provides the platform for periodic federal states consultations on environmental issues as well the harmonisation of implementation strategies for implementing environmental laws and regulations. The Federal Environmental rotection Agency (FEA) Act is the major framework law on environment in Nigeria as its provisions provide the framework for further legislations in specific aspects of environment. FEA metamorphosed into the Federal Ministry of Environment in June All FEA s laws are still in force because they have not been repealed. Since a ministry is more of a policy-making organ, the Federal Government established in November 2006 the National Environmental Standards and Regulations Enforcement Agency (NESREA) with powers similar to the defunct FEA for effective enforcement of environmental regulations in the country. The federal laws are the minimum standards in the states. The Constitution allows states to establish stricter standards than the Federal and also impose stiffer penalties on violators. The defunct FEA advocated the inclusion of environmental considerations in the planning and decision making process and in the execution of major developmental projects in Nigeria. This led eventually to the enactment of Decree No. 86 of 1992, which makes Environmental Impact Assessment (EIA) mandatory for all new major development projects such as industrial chemicals manufacturing, oil and gas development projects, infrastructure development projects (e.g., road, airport and seaport construction, etc.) The enactment of this law was a major and strategic follow-up action by FEA to AGENDA 21 of the Rio Earth Summit held in Brazil in Roles and responsibilities of ministries, agencies and other governmental institutions involved in Os life cycles HOSILATIA CONSULTAIRE

15 In Nigeria, the national infrastructure for the management of chemicals is cross-sectoral in nature. As such there are a number of piecemeal legal instruments addressing various aspects of chemicals management. The four main organisations identified as major players in the management of chemicals in the country are the Federal Ministry of Environment; Federal Ministry of Health; National Agency for Food and Drug Administration and Control (NAFDAC) an agency under the Federal Ministry of Health; and the Factory Inspectorate Division of the Federal Ministry of Labour and roductivity. The laws in place require that chemicals usage should be tracked through registration, and management from cradle to grave, that is from importation through formulation, usage, distribution through disposal based on the life cycle approach. There is a policy framework, the National olicy on Environment, which approves policies for infrastructure and enforcement requirements, laws and guidelines for the management of potentially bio-accumulative and toxic substances such as Os in Nigeria. 1.6 National Laws and Regulations National Environmental rotection, and Management of Solid and Hazardous Wastes Regulation (1991) (FMENV). This provides that the objective of solid and hazardous waste management shall be to: Identify solid, toxic and extremely hazardous wastes dangerous to public health and environment, rovide for surveillance and monitoring of dangerous and extremely hazardous wastes and substances until they are detoxified and safely disposed, rovide guidelines necessary to establish a system of proper record keeping, sampling and labelling of dangerous and extremely hazardous wastes, Establish suitable and provide necessary requirements to facilitate the disposal of hazardous wastes; Research into possible re-use and recycling of hazardous wastes. Environmental Impact Assessment Act No. 86, 1992 (FMEnv) This Act provides guidelines for activities of development projects for which EIA is mandatory in Nigeria. The Act also stipulates the minimum content of an EIA as well as a schedule of projects, which require mandatory EIAs. Table 1.1 shows existing legal instruments which addresses the management of chemicals in Nigeria Forestry Law CA 51, 1994 The Forestry Act 1958 which was amended as the Forestry Law CA 51, (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 Savannah, and other forest resources. Land Use Act of 1978 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. The Federal Ministry of Environment has specific powers to: Develop plans of action and advise the Federal Government on national environmental policies and priorities; rescribe standards for and make regulations on air quality, water quality, pollution and effluent limitations, the atmosphere and ozone protection, control of toxic and hazardous substances including hazardous chemicals; HOSILATIA CONSULTAIRE

16 Monitor and enforce environmental protection measures; Enforce international laws, conventions, protocols and treaties on the environment; romote cooperation with similar bodies in other countries and international agencies connected with environmental protection; and Cooperate with Federal and State Ministries, Local Governments, statutory bodies and research agencies on matters relating to the protection of the environment. 1.7 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 of Biological Diversity (iv) Convention Concerning the rotection of the World Cultural and National Heritage Sites (World Heritage Convention) World Bank Guidelines on Environmental Assessment {EA} (1991) The World Bank requires the preparation of Environmental Assessment document on proposed activities by a borrower as a pre-requisite for granting any financial assistance in form of loans; especially if the Bank safeguards policies are triggered and the projects are categorized into A or B. otential issues to be considered for EA within the context of the proposed project include the following: Biodiversity Cultural roperties Hazardous and Toxic Materials Other international conventions relevant to the sound management of Os and other hazardous chemicals to which Nigeria is party include; The Rotterdam Convention on the rior Informed Consent for certain hazardous chemicals and pesticides in international trade The Rotterdam Convention is a global agreement which seeks to promote shared responsibility and cooperative efforts among arties in the international trade of certain hazardous chemicals in order to protect human health and the environment. It establishes a rior Informed Consent (IC) procedure, which seeks agreement from importing countries to accept shipments of certain hazardous chemicals. The Os listed in the Stockholm Convention are all included in the Rotterdam Convention, which Nigeria ratified in The Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their disposal (1989) The Basel Convention is a global agreement which addresses the problems and challenges posed by the trans-boundary movement and management of hazardous wastes, including those consisting of, containing or contaminated with Os. It was adopted on 22 March 1989 and came into force on 5 May Nigeria became a party to the Convention in The Basel Convention uses a rior Informed Consent (IC) procedure to control transboundary movements of waste, whereby hazardous waste cannot be shipped from one country to another without the consent of those countries involved, including countries of transit. The Convention has developed guidelines for managing wastes contaminated by HOSILATIA CONSULTAIRE

17 chemicals in Annexes A and B of the Stockholm Convention and recognizes these guidelines as BATs and BEs. The Basel Convention was amended in The amendment prohibits the export of all hazardous waste from arties that are members of the EU, OECD and Liechtenstein to all other arties to the Convention. The ban is not yet in force in its own right. ILO Convention on the Safety of Chemicals at the Workplace (1990) Bamako Convention on the Control of Trans-boundary Movements of Hazardous Wastes (1991) This convention is the only regional convention on hazardous wastes. It was put together by the African Region with the inclusion of radioactive waste which is missing in the Basel Convention. Nigeria has ratified the convention. FAO International Code of Conduct for the Distribution and Use of esticides (as amended in 2003) The Strategic Approach to International Chemicals Management The International Conference on Chemicals Management held in February 2006 finalised and adopted the Strategic Approach to International Chemicals Management. SAICM is a global framework to improve chemicals management. It is a voluntary agreement supported by a high-level declaration and contains a toolkit of policies and activities aimed at raising the standards of chemicals management, particularly in developing countries. SAICM will pull together international bodies with responsibility for chemicals management and will support and enhance the global treaties that cover chemicals and hazardous waste. Nigeria is actively involved in SAICM activities. Nonetheless none of the aforementioned Multilateral Environmental Agreements MEAs has been domesticated as part of national environmental legislation. Triggered World Bank olicies The proposed CB project triggered World Bank Operational olicy (O)/Bank rocedure (B) 4.01: Environmental Assessment. The is the umbrella policy for the Bank s environmental safeguard policies which among others include: Natural Habitats (O 4.04), Forests (O 4.36), est Management (O 4.09), hysical Cultural Resources (O 4.11), and Safety of Dams (O 4.37) The Bank requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus improve decision making. Such EA are carried out by the borrower to evaluate the project s potential environmental risks and impacts in its area of influence. The EA process analyzes project alternatives; identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation. The Bank favors preventive measures over mitigatory or compensatory measures, whenever feasible. The Bank has categorized projects based on the type of EA required. HOSILATIA CONSULTAIRE

18 Category A - projects are those whose impacts are sensitive, diverse, unprecedented, felt beyond the immediate project environment and are potentially irreversible over the long term. Such projects require full EA. Category B - projects involve site specific and immediate project environment interactions, do not significantly affect human populations, do not significantly alter natural systems and resources, do not consume much natural resources (e.g., ground water) and have adverse impacts that are not sensitive, diverse, unprecedented and are mostly reversible. Category B projects will require partial EA, and environmental and social action plans. Category C - rojects are mostly benign and are likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project, although some may require environmental and social action plans. Category FI - A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts. The World Bank ollution revention and Abatement Handbook describes pollution prevention and abatement measures and emission levels that are normally acceptable to the Bank. However, taking into account borrower country legislation and local conditions, the Bank works with alternative emission levels and approaches to pollution prevention and abatement for projects. The EA report must provide full and detailed justification for the levels and approaches chosen for the particular project or site. Other World Bank olicies - Operational olicy/bank rocedure Natural Habitat - seeks to ensure that World Bank-supported infrastructure and other development projects take into account the conservation of biodiversity, as well as the numerous environmental services and products which natural habitats provide to human society - Operational olicy/bank rocedure Forests. This policy aims to reduce deforestation, enhance the environmental contribution of forested areas, promote afforestation, reduce poverty, and encourage economic development. - Operational olicy est Management - policy recognizes that pesticides can be persistent and harmful to the environment for a long time. If pesticides must be used, the policy requires that est Management lan (M) be prepared by the borrower, either as a stand-alone document or as part of an Environmental Assessment for - Operational olicy /Bank rocedure hysical Cultural Resources seeks to avoid, or mitigate, adverse impacts on cultural resources from development projects that the World Bank finances. HOSILATIA CONSULTAIRE

19 - Operational olicy (O) Safety on Dams requires that experienced and competent professionals design and supervise construction, and that the borrower adopts and implements dam safety measures through the project cycle. The policy also applies to existing dams where they influence the performance of a project. In this case, a dam safety assessment should be carried out and necessary additional dam safety measures implemented. - Operational olicy 4.12: Involuntary Resettlement is concerned with situations involving involuntary taking of land and involuntary restrictions of access to legally designated parks and protected areas. The policy aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. It promotes participation of displaced people in resettlement planning and implementation, and its key economic objective is to assist displaced persons in their efforts to improve or at least restore their incomes and standards of living after displacement. Other Bank policies that are not considered relevant to the program are: - Operational olicy (O)/Bank rocedure (B) Indigenous eoples. - Operational olicy (O)/Bank rocedure (B) rojects on International Waterways - Operational olicy (O)/Bank rocedure (B) rojects in Disputed Areas HOSILATIA CONSULTAIRE

20 HOSILATIA CONSULTAIRE

21 Table1.1: Existing Legal Instruments which Address the Management of Chemicals in Nigeria Legal Instrument (type, reference year) Responsible Ministries or bodies Chemicals Use Category Covered Objectives of Legislature Relevant Articles, rovisions Resources Allocated Enforcement Ranking S.1.8 National Environment rotection (Effluent Limitation)Regs.1991 S.1.9 National Environment protection (pollution Abatement in ind. ssand facilities Generation wastes). Rags 1991 S.1.5 National Environment protection (management of solid and Hazardous Wastes).Regs.1991 FEA Decree 58 of 1998 (Amended by FEA Decree 59 of 1992) Decree 86 Environmental Impact Assessment 1992 FEA FEA FEA FEA Chemicals and Chemical Waste chemicals and chemical waste Industrial and Consumer Chemicals radioactive substances agrochemical Industrial agrochemical domestic Environmental protection; effluent and waste water pollution control Environmental protection, pollution Abatement; safety Environmental protection, sound environmental management of solid and hazardous waste including storage trasnboundary movement, treatment and disposal Environment protection, pollution abatement and control; human health est. FEA Enforcement of FE Regulation FEA Industrial Environmental protection, human health (by evaluation/assessment of the suitability of locating a new industry at a site in the light of its environmental impact) Section 1-6 N/A 2 Section 1-23 N/A 2 art 1-12 N/A 2 Section 15,16,17,18,19,20 30 million 1 Section 13,sub section 8 N/A 1 Guidelines and standards FEA All chemicals Environmental protection art 1-1V N/A 2 Harmful Waste ( special Criminal rovision etc.)decree 1988 FEA Agrochemical; industrial and consumer chemicals toxic hazardous waste Environmental protection; human health; N/A 2 NAFDAC Decree NAFDAC Chemical Control of importation, Section 5 N/A 1 exportation, manufacture, advertisement, distribution, sale. Of use of chemicals; health hazard prevention Factories Fed. Min. of labour and productivity Industrial chemicals Occupational safety and health Section 2,3,11,1,30,45 N/A 2

22 Legal Instrument (type, reference year) Responsible Ministries or bodies Chemicals Use Category Covered Objectives of Legislature Relevant Articles, rovisions Resources Allocated Enforcement Ranking esticides Registration Regulation 1996 NAFDAC esticides Registration of esticides safety of pesticides Section 1-9 N/A 1 harmacy council Decree 1992 Fed.Min.of Health pharmaceuticals Regulation, appointments and discipline N/A 1 IAN Decree No.100 of 1992 Fed.Min. of Health All chemicals Regulation/appointment and discipline of public analysts N/A 2 Customs and Excise Act 1990 Fed.Min. of Finance All chemicals Regulation of all importation N/A 2 Standard organization of Nigeria Fed.Min. of industry Standards for quality of chemicals Occupational Safety and health Guidelines Fed.Min. of Labour and roductivity Fed.Min. of health Cement, textile industrial chemicals Standarlizations of products including chemicals Safety and health workers N/A 2 N/A 2 Nig. ort Authority Act Fed.Min. of transport All chemicals Transporting of chemical goods art 11 section 3,subsection 2 N/A 2 Nig.Maritime Decree Fed.Min. of Transport All chemical Transporting of chemical goods N/A 2 DR Guidelines and standards DR Drilling chemicals and explosives and chemical additives NDLEA Decree Fed.Min. of Justices Narcotics and psychotropic s Regulates the petroleum N/A 2 Regulation and Monitory N/A 2 *) Enforcement ranking :1-Effective 2- Fair 3-Week Adapted from: Federal Republic of Nigeria-National Implementation plan for the Stockholm Convention on persistent organic pollutant H O S I L A T I A C O N S U L T A I R E

23 CHATER 2:ROJECT DESCRITION 2.1 roject country-nigeria Overview COUNTRY ROFILE FEDERAL REUBLIC OF NIGERIA Capital Abuja Area 923,768 km 2 Land boundaries 4,047 km (Benin 652 km, Cameroon 773 km, Chad 87 km, Niger 1,497 km) Coastline 853 km Climate Equatorial in the south, tropical in the centre, arid in the north Terrain Southern lowlands merge into central hills and plateaus; mountains in north-east, plains in north Elevation Lowest point: Atlantic Ocean 0 m, highest point: Chappal Waddi 2,419 m Land use Arable land: 33.02%, permanent crops: 3.14%; other: 63.84% (2005) Irrigated land 2,820 km 2 (2003) Natural hazards eriodic droughts; flooding Environmental issues Soil degradation (Erosion, especially in the Eastern parts of the country); rapid deforestation; urban air and water pollution; desertification; oil pollution - water, air, and soil; has suffered serious damage from oil spills; loss of arable land; rapid urbanization Geography note The Niger River enters the country in the northwest and flows southward through tropical rain forests and swamps to its delta in the Gulf of Guinea opulation 131,859,731 (July 2006 est.) Age structure 0-14 years: 42.3%; years: 54.6%; 65 years and over: 3.1% (2006 est.) Growth rate 2.38% (2006 est.) Life expectancy Total population: 49 years - female: 48 years - male: (2006 estm.) Total fertility 5.49 children born/woman (2006 est.) Ethnic groups More than 250 ethnic groups; Major groups are, Hausa/Fulani, Yoruba, Igbo, Ijaw, Kanuri, Ibibio, Tiv. Religions Christianity, Islam, Traditional religion Languages English (official), Hausa, Yoruba, Igbo Independence 1 st October, 1960 HOSILATIA CONSULTAIRE

24 Economy GD (2007): $166 billion (agriculture 33%; industry 39%; services 28%). Real GD growth rate (2007): 5.9%. Oil growth: -5.6%. Nonoil growth: 9.6%. er capita GD (2007): $1,149. Inflation (2008): 8.5%. Natural resources: Oil and natural gas (37% of 2006 GD), tin, columbite, iron ore, coal, limestone, lead, zinc. Agriculture: roducts--cocoa, palm oil, yams, cassava, sorghum, millet, corn, rice, livestock, groundnuts, cotton. Industry: Types--textiles, cement, food products, footwear, metal products, lumber, beer, detergents, car assembly. Trade (2007): Exports--$65.5 billion: fuels and mining products (97%); agricultural products (cocoa, rubber, oil, nuts) (2.2%); manufactures (0.8%).. Currency: Naira (152 Naira = U.S. $1 as of Nov. 13, 2009). HOSILATIA CONSULTAIRE

25 2.2 roject Scope The roject scope covers the whole 36 states and the Federal Capital Territory (FCT) 2.3 roject Objectives The project development objective (DO) is to develop national capacity to manage CBs, and develop and enhance in-country storage facilities for CBs until their environmentally sound disposal can be achieved. The key indicators of this project are to: a) Strengthen the institutional and legal framework for CBs management in Nigeria. b) Ensure that inventoried CBs and CB-containing equipment are labelled, safely transported and stored; reducing risks of exposure to CBs on human health and the environment. c) Identification, adoption and implementation Best Available Technology (BAT) and Best Environmental ractices (BE) in addressing CBs management in the country, especially in HCN facilities. 2.4 Description of the roposed CBs Management roject roject Components There are 4 main components of the project: e) Component 1: Capacity Building for CB Management; f) Component 2: Design, development and implementation of environmentally sound management (ESM) for online and offline electrical equipment and potentially contaminated sites; g) Component 3: Baseline national inventory of CBs and CB containing equipment, and development of a national CB management plan; h) Component 4: roject management and Monitoring and evaluation. Component 1: Capacity Building for CB Management (2,106,078 USD: GEF: 1,179,754 USD, Government, 926,324 USD): This component aims to strengthen the government s capacity to manage, monitor, control and ultimately phase out the use of CBs. Activities under this component will include a comprehensive review of current hazardous waste management regulations, and the development and incorporation of a new regulatory framework that will specifically address CBs. The component will also contain a communication strategy and address the issue of training and awareness (including stakeholders workshop), and will involve the preparation and dissemination of training materials including TV programmes/documentaries, posters and the production of brochures/pamphlets for the purpose of raising awareness on CB issues. HOSILATIA CONSULTAIRE

26 Component 2: Design, development and implementation of environmentally Sound Management (ESM) for on-line and off-line electrical equipment and potentially contaminated sites (9,419,396 USD: GEF 3,273,208 USD, Government 6,146,188 USD): This component will involve series of investment activities that will provide the government with the enabling capacity to handle CBs in the future. This will consist of: a) Development of detailed procedures, manuals, management protocols and guidelines for the identification and management of CBs, CB-containing or CB-contaminated equipment and wastes. The sub-component will also entail labelling of all identified CB containing electrical equipment and wastes so as to ensure good maintenance practices; b) Identification and upgrading of laboratories for analyzing CBs in oils, water and soil samples Activities under this component will assess the capacities of the existing laboratories in analyzing CBs, and determine with a view to selecting appropriate in-country analytical techniques. This component will also upgrade equipment and testing procedures, and help establish facilities in-country that will be utilized for definitive identification of CBs including improvement of existing personnel capacities. c) Identification and possible enhancement of interim storage locations - This will involve identification and enhancement of storage locations that will safely handle CB wastes and CB-containing equipment to prevent the release of such wastes into the environment. These facilities will be used to store decommissioned CB-containing equipment and CB wastes in an environmentally sound manner. As treatment and final disposal of CB containing materials are not considered as part of this project, existing locations like the Ijora workshop in Lagos and sub-stations at Kontagora, Kaduna, and Oji River will be assessed for their suitability as interim storage locations. Such interim storage facilities will be used until effective treatment and disposal capacity is made available in the long term. d) Development of strategies for CB management and containment at the national level This component aims to evolve strategies for CB management and containment, including pilot demonstration in selected sites. The ilot demonstration will cover activities such as identification of CB contaminated oils, equipment and wastes, conducting of oil sampling and analyzing the samples to determine level of CB contamination and management practices. The achievements of the field implementation measures at the demonstration pilots will be available for replication and implementation in other areas of the country. e) Development of guidelines for characterization and risk assessment of contaminated sites This component will complement the ongoing UNIDO project between Nigeria and Ghana on management of Os contaminated sites. Activities under this component would consists of preparing contaminated site characterization and risk assessment guidelines which will enable the government to prioritize sites according to their potential impact on human health and the environment. This will enable the government to select economically feasible and HOSILATIA CONSULTAIRE

27 environmentally sound risk management options. Component 3: Baseline national inventory of CBs and CB -containing equipment and development of a national CB management plan (4,871,148 USD: GEF 1,373,197 USD, Government 3,497,951 USD): This component will be built on the recently conducted partial CB inventory that covered 10 states out of the 36 states and the Federal Capital Territory. Activities under this component will include the establishment of a data base for CB containing equipment and wastes in 15 additional states and the development of comprehensive methodology for conducting inventories. The government will apply this methodology to cover the remaining 11 states and the Federal Capital territory in the future. This will include sampling and testing of potentially contaminated equipment owned by the private sector and government. The outcome of this inventory will provide a clear picture on the extent of CB contamination across the country. Based on the outcome of this inventory, a long term CB management plan will be developed. Component 4: roject Management and Monitoring and Evaluation (2,103,377 USD: GEF 473,841 USD, Government, 1,629,536 USD): This component will finance costs related to the establishment of the roject Management Unit (MU) and incremental operational costs of the MU. This component will also ensure the proper coordination and timely delivery of project outputs. The MU will carry out the usual project management functions of financial management, procurement, auditing, managing, monitoring and evaluating project implementation, and dissemination of project results. The M&E tools to be developed under this project are expected to be institutionalized for the management of all CBs in Nigeria. The MU will include a roject Coordinator, an accountant, a procurement specialist, an Environment Specialist and an M&E/Data Management Specialist. HOSILATIA CONSULTAIRE

28 CHATER 3: AROACH TO ENVIRONMENTAL AND SOCIAL ASSESSMENT This chapter describes the technique used to assess environmental and social impact for the entire project (including Location and Assessment and that to be used for assessing the impact of the component activities). The document is a consequence of data acquisition from general research done by the consultant, results of task team deliberations, consultations with the donor (the World Bank), the borrower (Federal Republic of Nigeria/Ministry of Environment), and discussions with other stakeholders (inclusive of HCN facilities managers, HCN management staff, and HCN general ground staff). 3.1 Environment and Social Safeguard olicies For the project, the World Bank Environmental Assessment policy (O 4.01) was triggered. The EA considers the natural environment (air, water and land); human health and safety; and lastly, social aspects. The project is considered Category B, since the potential negative impacts are likely to be site specific. This EA is destined to address the up-grading of laboratories and the enhancement of interim storage locations. 3.2 Typical information provided in the EA document For this ESMF, the information provided includes: I. The roject description II. III. IV. A description of the baseline environment An analysis of alternatives to the project An assessment of likely impacts resulting from the project V. A description of measures to mitigate the unavoidable impacts VI. An EM which would generally highlight the impacts and mitigation measures proposed, and set out a monitoring plan with clear assignment of roles and responsibilities. 3.3 Activities Covered under the ESMF The Environmental assessment focused on the activities that required physical disturbance and those that required handling of the hazardous material/equipment. These activities either directly alter the site, or have the capacity to cause pollution. Other activities which are nonphysical involve: Capacity building, development of strategies and guidelines, inventorization, monitoring and evaluation. HOSILATIA CONSULTAIRE

29 Ijora ower Station, Lagos Disused potentially CBs containing equipment stored in a pond filled with waste transformer oil HOSILATIA CONSULTAIRE

30 ESA Instruments required for each Component Table 3.1: EA instrument and WB category Component Activity WB roject Category WB EA Instrument Component 1 (i) Comprehensive review of current hazardous waste management regulations (ii) Development and incorporation of a new regulatory framework that specifically addresses CBs (iii)training and awareness Category C EM Component 2a Component 2b Component 2c Component 2d Component 2e (i) Development of procedures and guidelines for identification of all waste and equipment consisting/contaminated with CBs (ii) Labelling of all identified CBs containing equipment and waste Category C EM (i) Assessing capacities of existing labs in analyzing CBs (ii) Upgrade of equipment and testing Category B Draft EA procedures (iii) Establish in-country facilities for the definitive identification of CBs (i) Identification and enhancement of suitable locations for CBs waste storage Category B Draft EA (i) Developing monitoring guidelines for waste oil management Category C EM (i) ilot demonstration for the identification of CB-contaminated oils and equipment (ii) rovision of pilot demonstration retention Category B Draft EA tanks for on-line transformers Component 2f (i) reparation of a contaminated site characterization and risk assessment guidelines Category C EM Component Activity WB roject Category WB EA Instrument H O S I L A T I A C O N S U L T A I R E

31 Component 3 (i) Establish a database for CBs containing equipment and waste (ii) Development of a comprehensive methodology for conducting inventories Category C EM Component 4 (i) Monitoring project progress (ii) Finance costs related to establishing a MU (iii) Ensuring proper coordination and timely delivery of projects Category C EM H O S I L A T I A C O N S U L T A I R E

32 CHATER 4: OTENTIAL ENVIRONMENTAL IMACTS OF EACH COMONENT 4.1 Capacity Building for CB Management Activities under this component will include a comprehensive review of current hazardous waste management regulations, and the development and incorporation of a new regulatory framework that will specifically address CBs. The component will also address the issue of training and awareness (including stakeholders workshop), and will involve the preparation and dissemination of training materials including TV programmes/documentaries, posters and the production of brochures/pamphlets for the purpose of raising awareness on CB issues. This component will promote public awareness, participation and improved coordination in the execution of the activities of the CBs management project. The main challenge with this component is the low key awareness amongst HCN personnel including top management, and other key stakeholders (sellers and repairers of transformers, and the general public) Constraints to the full achievement of this component will include: Communication and overcoming language barriers preparedness Collaboration with stakeholders and simplification of technicalities for nontechnical stakeholders Development of modules for trainings (especially for HCN personnel) and provision of adequate training tools (audio-visuals, osters, brochures, manuals Availability of requisite amount of financial resources for the execution of the component Generally, this component on its own is not expected to pose any negative/adverse impacts on the environment and health of the people. Its impacts are expected to be positive. 4.2 Design, development and implementation of environmentally sound management (ESM) for online and offline electrical equipment and potentially contaminated sites f) Development of procedures, manuals, management protocols and guidelines for the identification of all equipment and wastes consisting of/contaminated with CBs. The sub-component will also entail labelling of all identified CB containing electrical equipment and wastes so as to ensure good maintenance practices; Most of the activities of this sub-component will have no negative impacts. The negative health and environmental impacts from this sub-component are expected to be associated with activities to do with labelling and will include: Collapse of stacked equipment Contact dermatitis and inhalation Attack by vermin (snake bites, scorpion, rodents, spiders & insects) Constraints to the successful implementation of this sub-component will include:

33 Manpower inadequacy Availability of requisite amount of financial resources for the execution of the component Logistics inadequacies Stakeholder resistance g) Identification and upgrading of laboratories for analyzing CBs in oil, water and soil samples Activities under this component will assess the capacities of the existing laboratories in analyzing CBs, and determine with a view to selecting appropriate in-country analytical techniques. This component will also upgrade equipment and testing procedures, and help establish facilities in-country that will be utilized for definitive identification of CBs including improvement of existing personnel capacities. Most of the activities of this sub-component will have no negative impacts. The health and environmental impacts in this sub-component will emanate mostly from The construction and refurbishment of the physical structures e.g. drainage and sewage The transport of heavy mechanical equipments and reagents The activities of the laboratory personnel during handling of possible CBs contaminated samples and materials. (ersonnel should adhere to International Best ractices in Safety of Research Laboratories) These impacts include: (i) Dust production (ii) Short and temporary noise (iii) Increase in solid waste from construction works (iv) Laboratory operation (v) posing health and safety risks to lab personnel Damage of ecology and natural resource resulting from poor handling of possible CBs containing samples and materials. (vi) Extensive use of solvents which may pose fire hazards The degree of significance will range from moderate to high. Constraints to the successful implementation of this sub-component will include: High cost of procurement and maintenance of high tech equipment for CBs analysis Trans-boundary movement of procured equipment, and delay in clearance with local Customs and Excise authorities. Freight logistics inadequacies HOSILATIA CONSULTAIRE

34 Inadequate costs development for construction works and refurbishments; inconsistent facility location, site planning and incoherence with structure specification. h) Identification and possible enhancement of interim storage locations - This will involve identification and enhancement of storage locations that will safely handle CB wastes/oils and CB containing equipment to prevent the release of such wastes into the environment. As treatment and final disposal of CB containing materials are not considered as part of this project, existing locations like the Ijora workshop in Lagos and sub-stations at Alagbon, Ikeja, Kaduna, and Oji River will be assessed for their suitability as interim storage locations. Such interim storage facilities will be used until effective treatment and disposal capacity is made available in the long term. The health and environmental impacts in this sub-component will most likely arise from: Earthworks and Construction Failure to adhere to specifications that meet international standards for construction of storage facilities for CBs containment; lack of provision of hard standing or concrete floors could permit the seepage of leaking oil into the ground and further into ground water. Transport and sorting of CBs waste and CBs containing equipment from designated facilities to interim storage locations. The contractors or firms engage in the civil works associated with the up-grading of the laboratories and the enhancement of interim storage locations will need to abide to environmental and social management clauses for constructions (see annex 1) i) Waste oil management and transformer maintenance guideline - Current and past electrical equipment maintenance practices in Nigeria have not been regulated and these consequently have led to the cross contamination of CB in transformers. Recent inventory indicates that large number of electrical equipment, regardless of their manufacture date, have been found to be contaminated with CBs. Activities under this sub-component will focus on developing monitoring guidelines for waste oil management and maintenance of electrical equipments that will prevent further cross-contamination. Generally, this component on its own is not expected to pose any negative/adverse impacts on the environment and health of the people. Its impacts are expected to be positive. Constraints to the successful implementation of this sub-component will include: (i) Lack of understanding of the guidelines proffered for executing proper waste oil management and maintenance of electrical equipments. (ii) Lack of stakeholder cooperation and participation (iii) Inefficient legal and regulatory frameworks to encourage development, participation and implementation of the activities of the sub-component. HOSILATIA CONSULTAIRE

35 j) Development of strategies for CB management and containment at the national level This component aims to evolve strategies for CB management and containment, including pilot demonstration in selected sites. The ilot demonstration will cover activities such as identification of CB contaminated oil, equipment and wastes, conducting of oil sampling and analyzing the samples to determine level of CB contamination and management practices. It will also include the provision of pilot demonstration retention tanks for some selected online HCN transformers for the collection of spilled dielectric fluids in case of accidents. Generally, this component on its own is not expected to pose any negative/adverse impacts on the environment and health of the people. Its impacts are expected to be positive. Constraints to the successful implementation of this sub-component will include: (i) The rigid organisational structure of HCN as an organisation, as it may not provide the much-needed flexibility to divert their human resources to work on the project. (ii) Additional time required to make the stakeholders understand and appreciate the approach k) Development of guidelines for characterization and risk assessment of contaminated sites This component will complement the ongoing UNIDO project between Nigeria and Ghana on management of Os contaminated sites. Activities under this component would consists of preparing contaminated site characterization and risk assessment guidelines which will enable the government to prioritize sites according to their potential impact on human health and the environment. This will enable the government to select economically feasible and environmentally sound risk management options. Generally, this component on its own is not expected to pose any negative/adverse environment and health impact. Its impacts are expected to be positive. Constraints to the successful implementation of this sub-component will include: Communication and overcoming language barriers preparedness Collaboration with stakeholders and simplification of technicalities for nontechnical stakeholders Availability of requisite amount of financial resources for the execution of the component 4.3 Baseline national inventory of CBs and CB containing equipment, and development of a national CB management plan Activities under this component will include the establishment of a data base for CB containing equipment and wastes in 15 additional states and the development of comprehensive methodology for conducting inventories. The government will apply this methodology to cover the remaining 11 states and the Federal Capital territory in the future. This will include sampling and testing of potentially contaminated equipment HOSILATIA CONSULTAIRE

36 owned by the private sector and government. The outcome of this inventory will provide a clear picture on the extent of CB contamination across the country. Based on the outcome of this inventory, a long term CB management plan will be developed. The management plan that is envisioned will consist of a cost effective schedule to phase out all potentially contaminated online electrical equipment, in a manner that is consistent with goals stipulated in the Stockholm Convention. The management plan will also include an assessment of disposal options for offline electrical equipment and CB waste oils. Safeguarding, storage and disposal options for equipment and contaminated oils that are currently stored in different sites as well as those which will be taken offline by 2025 will be identified. A long term plan, which will include options for financing the cost of disposal, will be developed jointly with HCN. This component on its own is not expected to pose any negative/adverse environmental and health impacts. Its impacts are expected to be positive. The positive impacts of this component will include: 1. The establishment of a platform for development of a concise database incorporating garnered information on the locations, types and quantities of CBs contaminated equipment. 2. rovision for a foundation for the development of other sub-projects on CBs management in Nigeria. 3. rovision of a platform for the development of legal and regulatory frameworks targeted towards successful CBs management. Constraints to the successful implementation of this sub-component will include: 1. Non-provision of a soundly developed methodology to conduct concise and adequate inventory of potentially CBs contaminated equipment. 2. Logistics inadequacies 3. Stakeholder cooperation 4. Inadequacies in technical requirements for task teams to conduct on-site inventories of potentially CBs contaminated equipment. 4.4 roject Management and Monitoring and Evaluation Activities under this sub-component include monitoring progress of project and evaluating effectiveness of project implementation. The M&E tools to be developed under this project are expected to be institutionalized for the management of all CBs in Nigeria. This component on its own is not expected to pose any negative/adverse environmental and health impacts. Its impacts are expected to be positive. The positive impacts of this component will include: 1. The enhancement of shared learning as regards the management of CBs in the country 2. The increased capacity to measure progress with respect to the project 3. The development of effective decision making and aiding further planning 4. An increase in efficiency and effectiveness with respect to the project HOSILATIA CONSULTAIRE

37 Constraints to the successful implementation of this sub-component will include: 1. Improper reporting 2. Manipulation of data and indicators 3. Difficulty in identifying the most appropriate M&E tool to be used Finance costs related to the establishment of the roject Management Unit (MU) and incremental operational costs of the MU. This component will also ensure the proper coordination and timely delivery of project outputs. This component on its own is not expected to pose any negative/adverse environmental and health impacts. Its impacts are expected to be positive. CHATER 5: ROJECT-RELATED MITIGATION STRATEGY In this chapter, the recommended mitigation measures and strategies by component, and social safeguards in-view are discussed. The impacts and risks presented in chapter 4 have been considered in this chapter thereby providing a basis for development of these proffered measures. 5.1 Component 1: Capacity Building for CBs Management The activities of this component will promote public awareness, participation and improved coordination therefore eliciting no negative impact on health and environment. This component thus will not employ any mitigation measures, but will focus seriously on the constraints which could impede successful implementation of the component activities. 5.2 Component 2: Design, Development and Implementation of Environmentally Sound Management (ESM) for Online and Offline Electrical Equipment and otentially Contaminated Sites The summary of sub-component activities of component 2, suggests the development and implementation of mitigation measures which address the risks in management of potentially CBs contaminated equipment, materials and sites. Mitigation will therefore employ the development of, or upgrading of CBs Management lans or guidelines. These measures will revolve around olicy making, monitoring, occupational safety and health, and institutional responsibilities. Thus the general mitigation measure will be the preparation and acceptance of a Technical Guideline for Environmentally Sound CBs Management which should be made available to all stakeholders from the public and private sectors. HOSILATIA CONSULTAIRE

38 5.2.1 Abstract of Mitigation measures by sub-component Sub-component (a): Development of procedures, manuals, management protocols and guidelines for the identification of all equipment and wastes consisting of/contaminated with CBs. No negative impacts are expected from this sub-component. Sub-component (b): The under-listed mitigation/management strategies will apply for the identification and upgrading of laboratories for analyzing Os and in particular CBs in oil, water and soil samples. Check collapse prone areas by undertaking confirmatory tests on stability of compacted sites to prevent slides, and advance notification of nearby settlers of the work about to be done. rovision of hydrants or sprinklers for water application on construction and excavation sites in order to reduce dust production and emissions during earthworks. Use of Es, especially face masks to prevent bronchial congestion and asphyxiation. Use of ear mufflers by construction workers to reduce negative impacts of noise production and pollution. Waste minimization through reduction at source. reparation of waste segregation procedures for all sample types aid systematic handling. rovision of waste storage receptacles (laboratory interior and exterior) with adequate cover to prevent the escape of volatile substances. Use of in and on-facility waste treatment technology in order to avoid destruction of local fauna and flora. Implementation of occupational safety and health protocol, and benefit packages. Duty compliance with international best practices in safety for research laboratories. Investments in BAT/BE Sub-component (c): Identification and possible enhancement of interim storage locations: The mitigation measures for this sub-component will address the resulting impacts of the envisaged activities. These measures include; HOSILATIA CONSULTAIRE

39 Construction and Earth works: Design and operate effective surface water control measures Construction of concrete floors in the interim storage facilities to prevent seepage of leaking oils into the soil and ground water. Establishment of a tracking system for vehicles that move in and out of the storage remises; mud on tyres should be washed off and ground personnel kitted with full Es. Isolate treated and contaminated areas and ensure that they are not re-contaminated by site works. Check collapse prone areas and by undertaking confirmatory tests on stability of compacted sites to prevent slides, and advance notification of nearby settlers of the work about to be done. rotection and sustenance of Surface water quality: Install temporary barriers (e.g. geo-fabric) Excavate drainage or run-off water diversion trenches, collection or absorption pits, ponds to capture and treat the runoff (e.g. remove sediment) rotection and sustenance of Groundwater quality: Construction of concrete floors in the interim storage facilities to prevent seepage of leaking oils into the soil and ground water. Construction of leachate ponds and tanks and development of remediation solutions/strategies for ground water pollution. Dust production: rovision of hydrants or sprinklers for water application on construction and excavation sites in order to reduce dust production and emissions during earthworks. Construct fences which will serve as wind barriers. Application of vegetative cover- native or introduced species. Maintenance of good housekeeping protocol. Flora and Fauna: Transport: Transplantation of vital economically important and beneficial flora. HOSILATIA CONSULTAIRE

40 reparation and implementation of emergency procedures as part of the guidelines to cover transport of potentially CBs containing equipment and wastes to interim storage facilities. Occupational health and safety: rovision of legal and regulatory frameworks on occupational health and safety in CBs management. rovision of adequate facilities for the welfare of on-site personnel and employees. Development of a sit-specific safety Management plan which presents all possible hazards, mitigation and responsible persons Development of Site- Specific Safety Management lans for Interim Storage Sites/Locations A Site-specific Safety Management lan identifies the hazards associated with the particular work being undertaken on a site, along with the hazard and risk control measures that will be implemented to adequately protect people on the work site from the risk of injury or illness. The plan is a basic requirement, must be implemented, maintained and updated. An ideal Site Specific Safety Management lan should address the following components: 1. Risk management identification of the hazards and assessment of the risks associated with the work, and documentation of the risk control measures to be taken. 2. Statement of responsibilities a statement that nominates individuals who will be responsible for the site-specific OHS aspects of the work, and who will be available to deal with illness/injury and OHS incidents. 3. Occupational health and safety training a statement identifying the training needs of personnel on the work site, including OHS induction training for the work, and arrangements to address those needs. 4. Incident Management/Job Hazard Analysis a statement identifying the processes to be used and personnel available to prevent, prepare for, respond to and recover from illness/injury and incidents. 5. Site Safety Rules safety rules that should be displayed in prominent areas on the work site. 6. Safe Work Method Statements statements for all work activities identified as having health or safety risks, identifying the measures to be used to manage those risks. articular attention should be paid to work activities with a high safety risk (for example haulage of heavy electrical equipment such as transformers and reactors, HOSILATIA CONSULTAIRE

41 working at heights, with or near hazardous substances-cbs and other Os, in tunnels or confined spaces, with cranes, with compressed air, with lasers, or in deep excavations). Checklist compliance is an integral part of this component. Sub-component (d): Waste oil management and transformer maintenance guideline - In the preceding chapter on impacts posed by this sub-component, no negative impacts were identified. Therefore, the activities of this sub-component will not require any mitigation measures. Sub-component (e): Development of strategies for CB management and containment at the national level. The activities of this sub-component will not require any mitigation measures. Sub-component (f): Development of guidelines for characterization and risk assessment of contaminated sites. The activities of this sub-component will not require any mitigation measures. 5.3 Component 3: Baseline national inventory of CBs and CB containing equipment, and development of a national CB management plan. The activities of this component will not require any mitigation measures. 5.4 Component 4: roject Management and Monitoring and evaluation The activities of this component will not require any mitigation measures. HOSILATIA CONSULTAIRE

42 CHATER 6: CBs MANAGEMENT ROJECT ENVIRONMENTAL ASSESSMENT The World Bank environmental safeguard for Environmental Assessment (EA) O 4.01 aims to help ensure that proposed projects for WB financing are environmentally sound and sustainable, and help improve decision making. The Choice of an Environmental and Social Framework (ESMF) is hinged on the fact that intervention locations are not yet known as this time of project preparation. It is expected that site specific EMs or EIA will be prepared especially on those sites selected for enhancement as interim storage locations. A typical ToR for an EIA is attached as Annex 2 A full EIA or EM will consists of the following outline: Basic Information roject Description Baseline Environment roject Alternatives Impact Assessment Mitigation- EM Monitoring- EM Implementation Schedule-EM Roles and Responsibilities-EM Training Cost of Mitigation and Monitoring 6.1 roject Alternatives Consideration of alternatives should be in line with the overall project objective. Dumping of CBs contaminated transformers, capacitors, disused oils and wastes have become a common practice in many HCN facilities around the country. For example, the Ijora ower Station and Central Stores Kaduna are presently used as transformer storage and repair yards for the ower Holding Company of Nigeria (HCN). Given the huge amount of potentially CBs contaminated equipment, oil and wastes that have to be managed in an environmentally sound manner around the country until capacity for their final disposal is available, several alternatives for management of the stockpiles have been assessed. Factors considered in the alternatives definition include: 1. Immediate disposal of potentially CBs contaminated wastes on-site in their various present locations utilizing mobile incineration. HOSILATIA CONSULTAIRE

43 2. Import of major advanced technology option (incineration, plasma arc, dechlorination, solvent washing, autoclaving) for the management/disposal of the CBs stockpile in-country at a centralized location. 3. On-site use of alternative BAT/BE low cost technology option (such as biotechnology) for decontamination of the sites. 4. Export of the potentially CBs contaminated equipment to another country with technological capacity for the management/disposal of CBs. 5. Long term storage of the potentially contaminated equipment and wastes in centralized interim storage locations around the country until Nigeria is able to develop in-country capacity for the management of its CBs wastes stockpile. HOSILATIA CONSULTAIRE