In any petroleum project there are numerous stakeholder groups, non-governmental entities, and legislative & legal requirements including environmental requirements & regulations and the process of completing EIAs on potential projects, public participation, and the emphasis on sustainable development gradually assumed prominence in a variety of venues.
In Yemen, environmental legislation is relatively recent. Environmental challenges started to attract official and public attention in the early 1990s, providing the impetus to develop environmental protection regulations and requirements.Nevertheless, an authenticated English translated version of such laws & regulations still not yet available and/or officially published.
As such, this post was generated to provide summary of potential applicable or relevant and appropriate regulations & requirements that might apply for siting any petroleum project/facility in Yemen, in particular the relevant Yemen environmental legislation, by-laws and procedures to be followed in the environmental review of any proposed oil & gas projects in Yemen; highlighting meanwhile Yemeni government procedures, reviews, and approval process for completion of an EIA.
1.1 Yemen Environmental Legislation Summary
1.1.1 Laws and Resolutions
Yemen has recently enacted several Laws and Republican Resolutions, bylaws, and regulations pertaining directly or indirectly to the conservation of the environment and to natural resources. Examples of such legislations include the following:
Republican Resolution (Presidential Resolution) bylaw number (37) for 1991 Territorial Sea, the Exclusive Economic Zone (EEZ) and the Continental Shelf.
Law number (43) for 1997 regarding amendments to the Republican Resolution bylaw (42) for 1992 concerning the regulation of fishing, living marine resources and their conservation.
Republican Resolution bylaw (50) for 1991 on Mines and Quarries.
Republican Resolution bylaw (11) for 1993 on Protection of the Marine Environment from Pollution.
Republican Resolution bylaw (12) for 1994 on Crimes and Penalties.
Republican Resolution bylaw (21) for 1994 on Archeological Heritage.
Republican Resolution bylaw (22) on Tourism.
Republican Resolution bylaw number (22) for 1991 on Investment and its amendments bylaw (14) for 1995 on Investment.
Republican Resolution bylaw (20) for 1995 0n Urban Planning.
Republican Resolution bylaw (21) for 1995 on State lands and Property.
Republican Resolution bylaw (26) for 1995 on the Protection of the Environment.
1.1.2 Prime Minister’s Resolutions
In addition to the aforementioned laws, several resolutions issued by the Prime Minister are considered part of the overall legislation. Normally, such resolutions regulate the structure and functions of government agencies. They are considered legal documents as bylaws and regulations. Of relevance to the project are the following Prime Minister’s resolutions:
Prime Minister’s Resolution (94) for 1990 on the Establishment and Formation of the Environment Protection Council and Stipulation of its tasks.
Prime Minister’s Resolution (34) for 1992 on Internal Regulation of the Environment Protection Council (EPC) and its amendment by the Council of Ministers’ Decree (2) for 2000 on approval of the amendments of the Internal Regulation of the EPC.
Prime Minister’s Resolution (148) for 2000 on the Executive Regulations of Law (26) on the Protection of the Environment.
Environmental Impact Assessment (EIA) in Yemen is regulated mainly under the Environment Protection Law No. (26) for 1995 (EPL) and relevant specific sectoral regulations. The EPL forms the general umbrella law for all environmental policies. It covers the environmental issues and challenges facing Yemen. In particular, the EPL defines Yemen’s policy concerning EIA in the whole of Chapter (3) Articles (35-47). These Articles deal with the EA of new and old (i.e. prior to issuance of the law) development and investment projects. The Prime Minister’s Resolution (148) for 2000 on the Executive Regulations of the EPL covers EIA guidelines and projects categories for projects requiring EIA.
1.2 Summary of the EPL Chapter 3
Chapter (3) of the EPL entitled Projects Licensing and EIA comprises several provisions on the requirements of EIA in projects. The main Articles of this Chapter and their stipulations are shown briefly in the following table:
Table 1‑1 Summary of EPL
Articles (38), (39), (40), (41), and (42) discuss the licensing process and responsibilities of the agencies which are mandated to license projects and the necessity to provide the EPA with the EIA of the projects. The Articles do not address EIA procedures. In addition, there is no discussion on additions to existing plants.
1.3 Prime Minister’s Resolution 148 (PMR)
The Prime Minister’s Resolution (148) for 2000 (PMR) on the Executive Regulations of Law (26) on the Protection of the Environment comprises seven parts. The first part deals with citation and definitions, while Part (2) deals with the protection of the terristrial environment. Regulations on protection of air from pollution are under Part (3) and protection of the marine environment comes under Part (4). Part (5) deals with research on biodiversity resources. Part (6) regulates the establishment of the Environment Fund and Part (7) has the transitory and concluding Articles.
1.3.1 Part (2) of the PMR
Part (2) of the PMR has five Chapters. The first Chapter states the relevant agencies are not allowed to issue licenses to projects or activities which are by their nature sources of environmental pollution, or would probably result in environmental damage before an EIA study is submitted. The relevant agency mandated to issue the licenses has to examine the EIA study of the project or the activity on the basis of the elements, designs, standards, rules and conditions issued by the EPA.
EIAs for projects and activities listed in Annex (1) of the PMR are obligatory and must be undertaken by an independent party.
The agency mandated to give the license must accomplish its work within three months from the date of submitting the application. The licensing agency should inform the applicant of the results of the examination of the EIA. In case of rejection, the letter of rejection should contain the basis of the rejection and mention the criteria, standards, elements and the required conditions according to the law or the PMR or the resolutions issued on their basis.
The party whose application was rejected because of non compliance with the environmental criteria, standards and measures can complain within sixty days of receipt of the rejection notice. The complaint should be dealt with by the EPA within a maximum period of thirty days of receipt of the complaint.
The EPA notifies the complaining party and the agency mandated to issue the license on its resolution regarding the complaint.
The EPA upon receipt of the complaint may approve the project or activity on the conditions that monitoring equipment for waste disposal and pollution are installed. Permanent or temporary records for this purpose must be kept. The licensed project or activity owner must keep the records and submit reports on them to the EPA every six months.
Resolutions of the EPA on the complaints are obligatory to the licensing agency.
Article (4) of this Chapter deals with the requirement that the list of projects and activities in Annex (1) and their extensions and their renovations must have an EIA. Article (5) deals with the application and the forms issued by the EPA to be completed, and other relevant procedures.
The second Chapter of Part (2) of the PMR deals with Hazardous Materials and Hazardous Wastes. This Chapter has three sections (branches) dealing with General Provisions, Hazardous Materials and Hazardous Wastes respectively.
Chapter (3) of Part (2) of the PMR deals with water and waste water. Chapter (4) regulates the natural protected areas and the final Chapter (5) deals with facing natural catastrophes.
1.3.3 PMR Part 3
Part (3) of the PMR deals with protection against air (atmospheric) pollution. This part is made up of (17) Articles inclusive of Articles (40) to (56).
1.3.3.1 Article 40
Article number (40) stipulates that without violation of the provisions in an EIA, it is obligatory in any fixed site which emits air pollutants the following:
The site should be suitable to the activity (of the project) taking into consideration its distance from residential areas, direction of prevailing winds according to the decisions of the ministry of Public Works and Urban Planning.
The total quantity of all pollutants resulting from all the fixed sites in a single area must be within the allowable limits detailed in Annex (5) of the PMR.
1.3.3.2 Article 41
Article (41) stipulates that each project or activity is not allowed to emit or leak quantities exceeding the maximum limits detailed in Annex (6) of the PMR. It is not allowed (for a project or activity) to cause any change in the characteristics and specifications of the natural air which results in danger to human health or to the environment.
1.3.3.3 Article 42
Article (42) regulates emissions from vehicles, mobile machinery and equipment and specifies the quantities of emissions of carbon monoxide and hydrocarbons at specified speeds and rotations per minute.
1.3.3.4 Article 43
Article (43) gives the Ministry of Agriculture the mandate to regulate the conditions for the spraying and use of agrichemicals and pesticides in coordination with the EPA.
1.3.3.5 Article 44
Article (44) mandates the Ministry of Public Works and Urban Planning to issue the conditions for collecting and transporting garbage, solid waste, construction waste and dust from drilling, construction, and demolition.
1.3.3.6 Article 45
Article (45) stipulates that medical wastes must be burnt in incinerators approved by the Ministry of Public Works and Urban Planning and the EPA provided that no gases are emitted by these incinerators exceeding the limits detailed in Annex (6).
Article (45) stipulates that all projects which, during its activities, burn any fuel or other materials for any purpose must consider that:
Smoke, vapors and gases emitted must be within the allowed limit.
All possible measures are undertaken to minimize pollutants resulting from burning.
1.3.3.7 Article 47
Article (47) establishes the following:
Forbids any project with a chimney to be established unless the height of the chimney is approved by the EPA.
The EPA must make sure that the height of the chimney under the best practical conditions will be adequate to prevent smoke and emitted gases from causing damage to health or the environment.
The EPA may give its approval with certain conditions.
1.3.3.8 Article 48
Article (48) makes it obligatory for any agency, project or activity which emits harmful materials or unpleasant odors mentioned in the second section of Annex (6) to provide the best practical means to prevent these emissions, the harm and damage resulting from them.
1.3.3.9 Article 49
Article (49) mandates the EPA to ask the agencies, owners of projects, and other activities which emit material classified by the EPA as harmful or unpleasant and not mentioned in Annex (6) to use the best practical means to limit the emission and prevent it from causing harm or damage.
1.3.3.10 Article 50
Article (50) stipulates that all bodies (agencies) working in searching, exploration and production of crude oil, refining oil, storing and transporting it must comply with the controls and sound measures which fit with the principles, standards and basis of the international oil industry and the controls put by the Ministry of Oil and Mineral Resources and its specialized agencies.
1.3.3.11 Article 51
Article (51) stipulates that control of noise in the general environment is subject to the rules mentioned in Annex (7) of the PMR.
1.3.3.12 Article 52
Article (52) regulates noise production inside places or in closed areas, while Article (53) vests the authority of putting in coordination with the EPA the limits of emitting air pollutants inside offices and the maximum and minimum limits of temperatures and humidity in offices.
1.3.3.13 Article 54
In Article (54) each person directing an agency or a plant is obliged to take measures to prevent smoking in closed public places except in areas specified for smoking.
1.3.3.14 Article 55
Article (55) mandates the EPA to establish stations in definite areas to monitor air quality and identifies such areas while Article (56) obliges the EPA, in coordination with the other agencies, to scrutinize, follow up and make regular monitoring of air quality.
1.3.4 PMR Part 4
Part (4) of the PMR deals with the protection of the marine environment from pollution. This part has three Articles numbered (57), (58), and (59). In Article (57) the Public Corporation for Maritime Affairs (PCMA) has to coordinate its efforts with the EPA in its application of the Law of Protecting the Marine Environment from Pollution (PMEP) Article (58) stipulates that:
It is not permissible to issue a license for constructing any installation or place (plant/shop) on the coastline or near it which releases polluting materials in violation of the PMEP and the EPL Articles and the decisions (resolutions) issued on their basis.
All installations and places mentioned in paragraph 1 of this Article must provide adequate and suitable units for waste treatment and start operating them when the installation or places start operations. These units must be ready and operational at all times.
Article (59) stipulates that it is not permissible to install (establish) any plant on the shores of the Republic of Yemen especially on sites of important marine biodiversity and environmental sensitivity. The EPA must specify these sites and they must be issued by a cabinet’s decree.
1.3.5 PMR Part 5
Part (5) of the PMR deals with four Articles (60-63) with research on living resources (biodiversity) while Part (6) has one Article on the establishment of the Environment Fund including its revenues and expenditures.
1.4 Other Potentially Relevant Laws
Other relevant significant laws that should be considered during the preparation of the full EIA for oil & gas projects include the Water Law (33) for 2002 particularly Chapter (3) Articles (54-60) which regulate the water resources from pollution. Another law of relevance is Law (21) for 1994 on Archeological Heritage particularly Part (3) Articles (10-19) which regulate the protection and maintenance of archeological structures (mobile or fixed).
1.5. Other Relevant International Agreements and Conventions
The following list indicates the international treaties, agreements, protocols and conventions in which Yemen is a signatory, had approved them and complies with their provisions and requirements.
International Agreement on the Prevention of Marine Oil Pollution - London 1954 amended in April 1962 and in October 1969.
International Agreement on Civil Liability Concerning Damage Resulting from Oil Pollution - Brussels 1969.
International Agreement on Protection of Natural and Cultural Heritage in the World –Paris 1972.
The Regional agreement on the Conservation of the Environment of the Red Sea and the Gulf of Aden – Jeddah 1982.
Protocol Regarding Regional Cooperation to Combat Oil Pollution and Pollution from Other Harmful Substances in Emergency Conditions Jeddah – 1982.
Agreement on the International Law of the Sea Montiveo Bay – 1982.
Agreement on Climate Change -1992 Earth Summit in Brazil.
Agreement on Biodiversity –1992 Earth Summit in Brazil.
Basel Convention on Hazardous Waste Transportation and Disposal - 1992 Brazil.
Agreement on Combating Desertification - 1994
Convention on International Trade in Endangered Species - 1993 (CITES).
International Agreement on Organic Pollutants – 2001.
International Agreement on Migratory Birds – 2002.
2. EIA Procedures in Yemen
All downstream & upstream projects are considered in Yemen among the chemical industries requiring full EIA. Annex (1) of the PMR (148) for 2000 on the list of projects and activities requiring EIA puts them in Section 2-e of the list under chemical industries. It is important that the EIA for the such projects are carried out fully taking into consideration the environmental laws, bylaws and other relevant laws discussed above. The list of projects in Annex (1) of the PMR is very similar to the lists of projects in the IFC categories in the guidelines on EIAs. Study Number 154 Volume 3 published in 1995 on energy and industry projects gives on pages 211-223 (the Arabic version) the environmental impacts of oil refineries, their specific impacts, alternatives for selection of sites, transportation of substances, amendments & available alternatives to the projects, training requirements, monitoring and the mitigation measures to be considered during the preparation of the EIA and EMP for such projects.
According to Decree No (89) for 1993 of the Cabinet and section three of EPL, the EPA administers the EIA process; and other requirements and procedures included in the EIA legislations. This does not only involve the responsibility for the drafting of regulations, guidelines and standards but also involves a central position in the TOR preparation, review of EIA reports, and the monitoring process.
Within EPA, the responsibility for EIA rests with the General Directorate for Monitoring and Environmental Assessment, which liaises with and provides advice to the competent authorities. The Directorate can use any technical staff within EPA or any specialized person from universities or line ministries or outside these institutions if needed
The existing regulations do not specify EIA procedures to be followed by the investors or the beneficiary institution. However, certain procedures have gradually developed since the issuance of the EPL in 1995. A number of elements had been considered including the type of project, the financing agency, requirements or conditions of donors, the client ministries or institutions and their comprehension of the environmental regulations. The following steps relate to the role of the EPA in the EIA procedures required:
The Ministry of Water & Environment (MW&E) and the EPA as leading agencies decide whether a project needs EIA or not. This decision is arrived at in collaboration with the line ministry, or developer or donor or investor. Project proposals by the relevant collaborating body have to be submitted to the MW&E and EPA for such a decision.
Scoping and TOR preparation is an important role of the MW&E and the EPA. Jointly with the benefiting body mentioned above the TOR for the EIA study are prepared/revised and approved by the MW&E/EPA.
Conducting the EIA is normally carried out by an independent private consultant or consultancy firm. Participation of the EPA and the concerned bodies is required in ascertaining that the EIA follows the guidelines and scope of the study prepared by the EPA. The objective of the participation is to train staff from the EPA and line ministries on the various aspects of EIA preparations. The costs are borne by the investor.
General consultation is undertaken by the consultancy firm, in coordination with the EPA, through organizing a meeting or workshop that includes the EPA, other relevant government agencies, the donors and representatives of local communities affected by the project.
Reviewing the EIA report is carried out by the MW&E /EPA. No fees are required for the review except when the EPA hires other professionals to review the EIA report. In this case the fees for them have to be paid by the investor/ relevant ministry
Final consultation is carried out with the EPA to check if the comments during the review were incorporated in the final EIA report.
Evaluation of the EIA is carried out by the EPA. The evaluation would result in acceptance or rejection of the EIA study.
Final decision and environmental clearance is to be made by the MW&E through the issuance of a clearance letter. The letter would be based on the decision of the EPA on whether the proposed project is environmentally acceptable or under what conditions it would be. The letter would include conditions, mitigation measures needed, monitoring requirements or requirements for operation and maintenance.
REFERENCES
Environmental Protection Law No. (26), Republic of Yemen Council of Ministers, (2003).
World Bank Guidelines for Environmental Assessments, 1993.
IFC Guidelines for Environmental Assessment, 2003.
Procedure for the Environmental and Social Review of Projects, International Finance Corporation, 1998.