GAZETTE NOTICE NO. 59

PURSUANT to regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, OLA Energy Kenya Limited, proposes to expand the Marine Terminal which will consist of an approximately 600m long access road from Kismayu Road, 6No mounded LPG Sphere tanks with a total capacity of 14500MT, 4No truck loading racks, 6No. Rail Tank Carriers (RTC) loading bays, 12 inch delivery line from SOT, firefighting water tank (2500m3), weigh bridge, associated facilities and amenities in Shimanzi, Mombasa County. The following are the anticipated impacts and proposed mitigation measures: Possible Impacts Mitigation Measures Air quality • The facility will be designed in accordance with international and Kenyan standards to ensure no LPG release to the environment during receiving, storage and distribution. • Construction equipment will be well maintained to minimize emissions of nitrous oxides, sulfur oxides and particulate matter. • Proper housekeeping and paving or tarmacking of the terminal hardstanding areas to avoid generation of dust by LPG trucks during operation. Soil contamination • During construction, the Engineering, Procurement and Construction (EPC) Contractor will provide adequate sanitary waste collection and disposal facilities. • The EPC Contractor will store fuel for construction machinery and equipment in a secure and paved area or covered with HDPE liner. • Equipment and trucks will not be serviced at the site and the EPC Contractor will have spill kits in case of any accidental spills. • Any used oil will be handled by a NEMA licensed waste handler at frequent intervals. • The project site will be paved to avoid soil contamination during operation. Noise quality • The design of the LPG plant will ensure that the noise levels generated by the project at the boundary line do not exceed 70dB(A) as set out in the International Finance Corporation (IFC) General Environment, Health and Safety (EHS) Guidelines. • During the construction phase, the EPC Contractor will ensure that noise generated by construction related activities do not exceed 65dB(A). • During the operational phase, the Proponent will carry out periodic noise monitoring of the project to ensure that noise levels do not exceed those recommended by the IFC General EHS Guidelines. Traffic impacts • The project will be designed to ensure easy entry and exit of the trucks, reduced road Possible Impacts Mitigation Measures gradient, sufficient turning radius and no parking of the trucks along Shimanzi Road. • The contractor will develop and Implement a construction traffic management plan for the construction phase to manage safety of the workers and members of the community. • During operation, the proponent will develop a Traffic Management Plan under ESMS. • The proponent will acquire 10 parking spaces from their yard for the LPG trucks to queue awaiting loading. The location is proximal to the facility, easily accessible and has an adequate room for truck turning. Health and safety • The proposed terminal shall be designed with respect to International and Kenyan standards for LPG in order to facilitate safe and efficient operation, ensure the security of people, equipment and the environment and handle emergency cases. • During the construction phase, the EPC contractor will develop and implement a site specific documented EHS management system. The EPC Contractor and their sub- contractors will be required to have a fire policy, EPRA approval, full time EHS officer with adequate firefighting training, well trained workers, and comprehensive and site-specific ERP among others. • The contractor will meet all the requirements of OSHA 2007 for a construction site which include registration of the work place, continuous risk assessment to be undertaken and report submitted to DOSHS Mombasa, appointing a qualified site safety supervisor, developing of traffic management plan, use of the approved safety signs, valid insurance cover for the workers, inspection of the pressurized and lifting equipment by DOSHS accredited personnel, Health and safety training, sufficient first aid boxes and trained first aiders, provide workers with sufficient and appropriate PPEs, training for machine operators and submission of architectural drawings to DOSHS for approval. • All the activities along the ROW will be effectively coordinated to ensure immediate evacuation of the product from the pipeline in case of pipe interference during construction. The team will be in a position to activate mutual ERP in case of any emergency during construction. • During design and operation of the proposed project, the proponent will ensure development and implementation of a Process Management System addressing the elements relevant to LPG storage which include Employee Participation, Process Safety Information (PSI), Process Hazard Analysis, Operating Procedures, Training, Mechanical Integrity (MI), Emergency Planning and Response. Labour and working conditions • All project employees will be provided with induction in human resources policies, employment conditions and associated requirements, which shall include a sexual harassment policy which complies with the Employment Act. • The EPC contractor will establish a comprehensive worker grievance mechanism and ensure that the 15th January, 2021 THE KENYA GAZETTE Possible Impacts Mitigation Measures subcontracted workforce has access to the grievance mechanism. • All employees will receive a copy of their employment agreement, which will, at a minimum, address the following: job title, job duties, remuneration period and amounts, labor conditions, employment duration and the conditions for hiring and layoff. • The project contractor and sub-contractors will ensure that every employee working at the project site is provided with appropriate and adequate PPE. • The project contractor will document and communicate working conditions and terms of employment to all workers directly contracted both local and expatriate. • The proponent will conduct appropriate monitoring, inspections and reporting to DOSHS to ensure worker safety including tracking rates of injury, occupational diseases, lost days, and number of work- related fatalities. • The EPC contractor will ensure provision of guidance on the detrimental effects of drug and alcohol abuse, the risk and concerns relating to HIV/AIDS and other health risk- related activities. • Residents will be made aware of rules governing worker-community interaction regulations and the consequences of workers breaking such rules. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126–00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (c) County Director of Environment, Mombasa County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process regarding this plan. MAMO B. MAMO, Director-General, MR/1435318 National Environment Management Authority.