Dear Editor,
We write in solidarity with Cover-den and its community advocates, Penelope Howell and Audreyanna Thomas, who have exposed alleged breaches of the Environmental Protection Act (EP Act) and rule of law in the awarding of an environmental permit to Professional Waste Solutions Incorporated (PWSI) by the EPA to operate an on-shore oil and gas waste processing facility in their community.
PWSI was established on June 1st, 2023 and according to its website, describes itself as a 100% Guyanese-owned waste management enterprise, specializing in handling of exploration and production (E&P) of waste derived from the oil and gas sector. Further, it states: “Our strategically chosen headquarters lies adjacent to the Demerara River, precisely situated at Coverden, Block X, Public Road EBD.” It has been further verified that the owner of Block X is one Mr Jettoo. However, there have been no consultations conducted by PWSI with the Coverden community, and no specific information disseminated, nor any discussions held concerning this new company.
Amongst questions posed by Penelope Howell in her second open letter to the EPA are the following:
Who is available to engage us on this most “troubling development” at this time?
What sort of “waste” shall be treated?
Where shall the “waste” be sourced from?
What exactly are the “usable products” that this waste shall be transformed into?
It should be recalled that in 2022 another waste facility, “Non Destruc-tive Testers” operated by a Trini-dadian company, was similarly awarded an environmental permit by the EPA – with waiver of Environ-ment & Social Impact Assessment (EIA) – and without due process for engaging community members and providing necessary information, etc. The Coverden community protested and objected and benefitted from a Public Hearing by the Environmental Assessment Board (EAB), then chaired by Ms Pradeepa Bholanath. On July 21, 2022, and after listening to the community and investigating the situation, the EAB overturned /set aside the EPA’s environmental permit for the company and the project was suspended. Both Ms Howell and Ms Thomas were key community representatives in that matter; so they know the ropes and what their rights are and what is due process under the EP Act.
The EPA issued a Press Release last week (dated August 21, 2024) “in response to recent articles on Oil and Gas Waste Treatment Facility at Coverden” In summary, the EPA stated that it had granted a 5-year Environmental Authorisation to a company named Global Oil Environ-mental Services (GOES) in August 2021 valid until July 2026, “…having screened the project internally and determined that no EIA was necessary.” According to the EPA, a Public Hearing was held on May 10, 2021 and the EAB went along with the EPA decision.
The EPA Press Release states that GOES suspended its Coverden operations in January 2023 and on July 10, 2023 received an application (though the actual applicant is not named) to transfer environmental authorization from GOES to Professional Services Waste Services Inc. (PWI/PSWI) for this new company to “recommence” operations in Coverden, and that the EPA transferred the permit. The EPA said “it screened the project and determined that an Environmental Impact Assessment (EIA) was not required.” This is, however, legally wrong, since Schedule 4 no. 5 of the EP Act requires an EIA for any installation for the treatment of industrial waste.
Additionally, there have been no public community consultations or engagements by this new PWSI entity; Further, we do not see anywhere a comprehensive listing of PWSI competencies, scientific expertise and track record in the handling or storage of hazardous oil & gas waste, nor the transporting of same. In our opinion, this is unethical business practice, and not legally viable for EPA to simply replace one company with another through an internal review and “transference” of a permit without due process.
To date the EPA has never required EIAs for any of the numerous onshore services and supplier
companies to oil and gas companies, including, for example, Schlumberger Guyana Inc, and Tiger Rentals, even though the hazardous nature of oil and gas wastes is well known and documented.
What we know of hazardous offshore waste according to ERM’s EIAs is that for Liza 1 and for Liza 2, some 13,144 metric tonnes – equivalent to 28,977,559.7 pounds or 85% of the hazardous wastes generated in those offshore oil fields – are being transported to onshore waste management facilities. (pg. 59 table 2-6, Liza 1 EIA & pg. 2-51 table 2.12-8 Liza 2 EIA). These totals do not include Payara, presently in full production mode. These types of hazardous wastes include drilling muds and cuttings which are contaminated with heavy metals (e.g., lead, mercury) hydrocarbons and naturally occurring radioactive materials (NORM). Produced water, scales and sludge which tend to be highly hazardous and associated with NORM wastes that accumulate inside pipelines and tanks, require special handling and disposal, posing risks of radiation exposure to workers and the environment. Unused or spent hazardous chemicals used in drilling, production and maintenance, such as corrosion inhibitors, biocides, and cleaning agents, are toxic, corrosive, or reactive, requiring careful handling and disposal. These wastes require careful management to prevent environmental contamination and protect human health, so it is alarming to know that PWSI intends to use the by-products of these hazardous wastes for construction and road building.
The EP Act outlines not only procedures for Environmental Impact Assess-ments (EIAs) but also identifies the types of projects requiring EIAs. These include – “construction works, installations or schemes, the extraction of natural resources or any other project which may significantly affect the environment. Such projects are required to apply to the EPA for an environmental permit and submit a project summary which includes site, design, size of project, effects on environment, duration of project and non-technical explanation of the project.” Oil & gas waste fall into the category of a project which would affect the environment and the well-being of communities within, next to or bordering such a project.
We once again call attention to the fundamental rights and protections of Guyanese citizens under our Constitution: Specifically: Article 25 which outlines the duty of citizens to participate in activities geared towards improvement of the environment & protection of the health of all Guyanese, Article 146 which guarantees freedom of expression and participation – “No person shall be hindered in the enjoyment of participating in the management and decision-making processes of the State” further guaranteed by Article 13; Article 149D which guarantees equality before the law; And the Escazú Agreement which Guyana has signed and ratified, which amplifies the rights of persons to a safe and healthy environment with full disclosure of information for all projects impacting the environment and human well-being and guaranteeing the protection of environmental defenders.
We affirm our solidarity with the Coverden community and register the following demands:
1. An independent EIA on PWSI operations
2. Project summary detailing PWSI capacity and track record, its operations, types of waste it will “process”, all health, environmental and safety provisions in place and all waste transportation requirements as set out in Guyana EP Act
3. The characterization of all types of waste that will be acquired, transported, received, stored, processed and otherwise handled by PWSI
4. Publication of a public notice by the EPA as required by the EPA Act on the specific PWSI project so as to allow for any questions / objections to be raised by affected persons
5. A cease order to be immediately placed on PWSI to halt all activities until they conform will the EP Act and Rule of Law including public consultations and information-sharing directly with the Coverden community and the public at large.
Sincerely,
Danuta Radzik, Janette Bulkan, Vanda Radzik, Elizabeth Deane-Hughes, Alissa Trotz, Jocelyn Dow, Joy Marcus, Susan Collymore, Red Thread, Fred Collins, Sherlina Nageer, Alfred Bhulai, Vincent Adams, Ulric Trotz, Transparency Institute of Guyana Inc. (TIGI).
