EPA ‘bending over backwards’ to allow Exxon to commit environmental abuses

Jun 01, 2022 News

– citizens forced to compel agency to do its job with court action

By Rehanna Ramsay

Kaieteur News – Instead of working in the interest of Guyana and its citizens, the Environmental Protection Agency (EPA) has been bending over backwards to facilitate the environmental atrocities of ExxonMobil and its subsidiary, Esso Exploration Production Guyana Limited (EEPGL).
This deduction was made by Guyanese Scientist and University Lecturer, Professor Troy Thomas Ph.D. even as he alluded to the five-year environmental permit granted to EEPGL for the Liza phase 1 development project which expired on Tuesday, May 31, 2022.

Guyanese Scientist and University Lecturer, Professor Troy Thomas

The environmental permit granted by the EPA to EEPGL for the Liza phase one stipulates a number of standard requirements by which the oil operator is mandated to comply.
These requirements include restrictions or in some cases prohibition on the components of the oil drilling activities which are hazardous or potentially hazardous to the environment.
The environmental permits made provisions for inter alia, air quality management, water quality management as well as waste and material management.
This aspect of the permit contains specificity on how to properly dispose of the harmful matters that are produced during the oil drilling activity.
Dr. Thomas explained that flaring for example was strictly prohibited in the initial environmental permit for the Liza 1 project but the EPA modified the document last year to include specific regulatory requirements for flaring of associated gas offshore Guyana.
As of May 13, 2021, EEPGL was projected to exceed the 14 Billion Standard Cubic Feet (Bcf) of gas estimated to be flared by the Environmental Impact Assessment (EIA) for the project.
As such, a modified permit was issued to EEPGL having been signed by both EEPGL and EPA.
The Modified Environmental Permit includes revised terms and conditions relating to emissions reporting requirements, technical considerations for flaring, timelines for flaring events and an obligation on the company to pay for the emission of Carbon Dioxide equivalent (CO2e) as a result of flaring in excess of these timelines. The aforementioned payment is made to the EPA and calculated at the rate of US$30 per tonne of CO2e.
But the Guyanese Scientist is not convinced that the decision is in keeping with sound environmental practices.
Dr. Thomas explained, “My whole issue with this is that we have an EPA; a regulatory body that is putting systems in place to facilitate bad practices of the oil operators and that is never a good sign…because we know that the amount of damage that flaring does to the environment, we can never be compensated for that…”
He went on to state, “I believe that if it were possible for the monies to be used to do remedial or some sort of cleanup work for example, having them pay a fee would not be such a bad idea but as it stands, once the damage is done no amount of fees can undo it.”
Dr. Thomas noted that as it stands, “EEPGL tramples on rights of citizens to clean and healthy environment…When you look at the emission from petroleum explorations and use, the personal well being to a healthy environment is not preserved, it contributes to global warming and as you know, that affects everybody…”
According to Dr. Thomas, the expiration of the environmental permit, gives citizens an excellent opportunity to step up and challenge the EPA to ensure that stricter parameters before the work continues in the Liza Phase 1 development project.
He stressed that, “It is real unfortunate that we as citizens of this country cannot depend on the EPA to ensure that Exxon and its partners thread on the correct line when it comes to environmental safety. The EPA had been taken to court to ensure that the life of the permit is in keeping with the law. They had to be compelled to do their job and I think we may need to push them again.”
He emphasised further, “If you look at the issue, sometimes it seems like it is what we are left with because of the way the government has been overtime regarding civil society advocates and activist, the way they have been disregarding the things, we have been pushing for. As citizens of the country, we have the right to push for those things we want to see.”
As such, Dr. Thomas said the expired permit was perfect leverage to stop the oil company from further abusing the approval given to operate in the Liza 1 development project.
The Guyanese scientist has been calling on citizens to challenge Exxon breaches by way of litigation. He said it is the only way that Guyanese might be able to get better terms of agreement from the country.
In 2020, Dr. Thomas was among citizens who mounted a successful legal challenge against the EPA. The EPA had granted EEGPL a 24 year- environmental permit to conduct exploration activities in the Liza Phase 1 project. The permit is by law only valid for five years.
An order, granted by High Court Justice Jo Ann Barlow, effectively reduced Exxon’s environmental permit from 20+ years to five – the correct time as prescribed by law.
This is not his only act of litigation against the State. At present, Dr. Thomas is named as the applicant in a case, which challenges the State for allowing Exxon and its partners to cause irreparable damage to the environment.
In the meantime, an examination of the Liza 1 development environment permit shows a number of requirements by which the oil operators are liable of complying with. The document, among other things, speaks to restrictions on flaring.
Flaring has been allowed to continue from the inception of operations in December 2019, resulting in a cumulative flared amount in excess of 15 billion standard cubic feet to date.
Further, the permit provides water quality management as well as waste and material management
As it relates to water quality management, the permits states, inter alia, that the permit holder, in this case EEPGL, cannot discharge any pollutant contaminant in coastal waters or within 12 nautical miles.
But reports have indicated that the discharge rate of 100,000 barrels per day listed in the EIA of the current Liza Phase 1 pollutes Guyana’s ocean.
The issue could prove perilous for the ecosystems of marine life and the fishing industry, but no one knows exactly how detrimental the impact is.