Latest update November 24th, 2024 1:00 AM
Aug 21, 2023 Court Stories, ExxonMobil, Features / Columnists, News, Oil & Gas
Kaieteur News – The three-member Environmental Assessment Board (EAB) has scheduled a Public Hearing for appeals received into the Environmental Protection Agency’s (EPA’s) decision not to require an Environmental Impact Assessment (EIA) for a radioactive waste facility at Houston, East Bank Demerara.
The regulator in April this year announced that the developer, Schlumberger was exempted from having to produce the detailed impact study. This was the second waiver of an EIA by the regulator for the project.
According to a Public Notice in Sunday’s Kaieteur News, the rescheduled hearing into citizens’ appeals will take place on Wednesday September 13, 2023 at 17:00hrs in the Conference Room of Parc Rayne at Rahaman’s Park, East Bank Demerara.
It said the Hearing was being held under Section 18 (2) of the Environmental Protection Act, Cap 20:05. During the consultation, the EAB will listen to the presentations from the appellants, the developer and other key stakeholders. Thereafter, the EAB will deliberate on the findings and prepare a report with its decision confirming or setting aside the EPA’s decision to waive an EIA for the project.
Chairman of the EAB, Dr. Mahendar Sharma on Sunday told this publication that appeals were received by three citizens – Vanda Radzik, Danuta Radzik and Raphael Singh.
According to project documents seen by this newspaper, Schlumberger Guyana Inc. (SLB) said it is a registered contractor in Guyana and provides oil field services to the oil and gas industry. Specifically, Schlumberger Guyana Inc. provides upstream services with four primary areas of focus to include well construction, reservoir production systems, digital and integration and reservoir performance. SLB said radioactive sources are used in the oil and gas industry for well logging and well drilling. The company said they are placed in tools that are lowered into the well, both on the drill string above the drilling bit during the drilling of the well (Well Construction) and on wireline lowered into the already drilled well (Reservoir Performance), in order to determine details of the formations passed through (lithology, porosity, fluid content, etc.). These measurements are of fundamental importance both during the drilling and afterwards to determine the success of the well.
SLB was keen to note that it invented the technology of lowering measuring instruments into wells to evaluate the presence of hydrocarbons. Furthermore, SLB said it has been operating with radioactive sources throughout the world since the early 1950’s and has been in the forefront in assisting regulatory bodies such as the US Nuclear Regulatory Commission in the formulation of regulations and safe operating requirements for the use of ionizing radiation in oil and gas exploration and production.
The EPA in announcing its decision to waive an impact study for the project earlier this year explained that the inventory of radioactive sources submitted with the application has been categorized under Categories 3-5 as per the International Atomic Energy Agency (IAEA) Categorization of Radioactive Sources (No.RS-G-1.9). The EPA said it is important to note that the IAEA has specified that these sources may only pose a potential risk to individuals close to them when they are unshielded, with typical durations ranging from days to weeks.
Furthermore, the EPA said the facility will calibrate and store sealed radioactive sources, meaning the radioactive material is enclosed within a tightly sealed capsule, surrounded by layers of non-radioactive material, and securely affixed to a non-radioactive source, effectively preventing any potential leakage or environmental release of the radioactive material. It said too that proper shielding and distancing can significantly reduce the risk of radiation exposure to the public.
Research by this publication shows that exposure to radioactive waste can cause cancerous growths in humans and genetic damage or mutation to animals and plants. Scientists believe these changes could prevent sustainable procreation.
SGI’s application to the EPA for the project comes on the heels of a Court ruling on December 16, 2022 by Guyana’s High Court.
The three appellants to the current impact study waiver, who are residents of Houston- Vanda Radzik, Danuta Radzik and Raphael Singh- had filed the case after objecting to the first EIA waiver on the grounds that radioactive materials should not be used and located in close proximity to schools, neighbourhoods, a main thoroughfare, the Demerara River, etc.
Notably, Justice Nareshwar Harnanan ruled that the EPA breached its statutory duties when it made the decision to waive the requirement of an EIA to Schlumberger in relation to granting an environmental permit for the construction of the facility.
In fact, the Judge declared that EPA’s decision to not conduct an EIA into the effects of the construction of the facility was illegal, ultra vires, unreasonable, and irrational since it breached the Environmental Protection Act, Cap.20:05.
Justice Harnanan granted an Order of Certiorari issued and directed to the EPA quashing its decision on June 9, 2021 to award an environmental authorisation to Schlumberger to construct a radioactive substances and material storage and calibration facility.
Further, the Judge issued an injunction against Schlumberger, restraining it from continuing the possession, use and storage of radioactive chemicals at its Houston facility, unless and until it is in receipt of a lawfully issued permit pursuant to the provisions of the EPA Act.
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