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EPA responds to critics on Yellowtail approval
– says was not required to publish project’s terms and scope
By Davina Bagot
Kaieteur News – The Environmental Protection Agency (EPA) on Monday issued a statement to the media, clarifying reports published regarding ExxonMobil’s fourth project, the Yellowtail development, in the Stabroek Block.
According to the agency, it is not required to publish the terms and scope of the project, as comments suggest that the body failed to disclose the terms and scope for the study for the entire statutory 60-day period that the Environmental Impact Assessment (EIA) document was available for public scrutiny.
“The EPA is not required to publish the Terms and Scope. The EP (Environmental Protection) Act mandates that the EPA, following public scoping, ‘set the Terms and Scope of the environmental impact assessment’ taking into account any public submissions during the twenty-eight days (28) notice that an EIA is required, and the public can make written submissions setting out those questions and matters they required answered or considered in the EIA,” the regulator body clarified.
It added that the agency is responsible for developing the Terms and Scope in consultation with the project developer’s EIA Consultant, in accordance with the EP Act, Section 11 (7) and (8).
In this regard, the EPA said it is, therefore, at the agency’s discretion to publish the terms and scope.
According to the EPA, “What is important is that Section 11 (4) and (5) already sets out what every EIA must contain and consider. However, the EPA is always looking for opportunities to improve processes and will strive to ensure that Terms and Scope are available as necessary.”
Public Consultation
Although environmentalists are outraged at the approval of the Yellowtail EIA, without further consultations to inform the public on whether their concerns regarding the project were addressed, the EPA noted that not only did it comply fully with the requirements of the law, but it also went beyond to ensure public participation in the EIA process for Yellowtail development.
It explained, “The EPA from the early screening stage of this proposed project ensured involvement of the public and conducted public consultations above and beyond what was required by the law. The EPA published its decision that an EIA was required and that the public can make written submissions regarding questions and matters they required answered or considered in the EIA. This was published in May 2021. The EPA went above and beyond at its discretion, to ensure public participation, by hosting several public meetings virtually and in person in Regions One, Two, Three, Four, Five, and Six during the months of July and August 2021.”
Further, public submissions were considered in the preparation of the final terms and scopes for the conduct of the EIA, the regulator noted.
Additionally, when the EIA was submitted to the EPA on October 15, 2021, the project proponent published a notice confirming same and inviting members of the public to make any submissions as they consider appropriate. Again, the EPA said it went beyond what was required and hosted public meetings in the Regions stated before, during the period October and November 2021.
When it comes to making a decision on approving the project and issuing an Environmental Permit, the EPA said it adhered to the requirements of the EP Act and considered public submissions. In fact, the EPA said it secured the services of an independent international expert to support the review of the EIA, during which the public comments were again considered.
According to the body, “The findings and recommendations of this review along with the submissions from the public were submitted to the EAB (Environmental Assessment Board). This review period commenced on January 18, 2022, and concluded on March 25, 2022, with the EAB’s indication of acceptance and recommendations. The EPA granted its approval on March 30, 2022 in the form of the Environmental Permit. The public was notified via a media release, and publication of notice of approval and the grounds on which it was made.”
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