National Environmental (Energy Sector) Regulations, 2014. S.I. no. 63/2014

2. Scope and Guiding Principles.

3. Statutory Requirements.

4. Transmission and Distribution Lines.

5. Wooden Electric Pole Maintenance and Management.

6. Control of PCB-containing Materials or Units. PART TI-GENERAL PROVISIONS

7. Emergency Response Plan.

8. Installation ofAnti Pollution Equipment.

9. Pollution Control Organisational System.

10. Chemical Use.

11. Restricted Chemicals.

12. Management of Oil Stations and Fuel Dump Site.

13. Effluent Limitation Standard.

14. Restriction on the Release of Toxic Effluent. I5. Discharge of Hazardous Waste.

16. Sludge Disposal.

17. Emission Standards.

18. Priority Air Pollutants.

19. Pollution Abatement for Air Emission.

20. Best Practices.

21. Extended Producer Responsibility programme.

22. Noise Control.

23 . Vibration Control.

24. Emission Control.

25. Waste Control.

26. Community Relations. B 790 P,A.RT ill-SAMPLING FOR ANALYSIS

27. Collection and Analysis of Samples.

28. Air Sampling for Analysis.

29. Noise Measurement. PART IV-SPECIFIC REQUIREMENTS FOR POWER PLANTS

30. Hydro Power Plant.

31. Nuclear Power Plant.

32. Fossil Fuel Power Plants.

33. Renewable Energy Power Plants.

34. Efficiency of Electrical Power Equipment. PART V-PERMITS, INDUSTRIAL EFFLUENT MONITORING AND REPORTING

35. Applicable Permit.

36. Reporting Requirement.

37. Permittee to Sign Report.

38. Records to be made Available.

39. Fees. PART VI-ENFORCEMENT

40. Duties of the Agency.

41. Enforcement Notices. ;:;

42. Failure to Comply with Enforcement Notice.

43. Mode of Delivery. PART VIII-OFFENCES AND PENALTIES

44. Contravention ofOperator's Condition.

45. Contravention of Permit Condition.

46. False Statement.

47. Failure to comply with Guidelines and Standards.

48. Failure to comply with Abatement Measures.

49. Failure to Report.

50. Discharge ofeffluent beyond permissible level. Sl. Penalty. PART IX-MISCELLANEOUS

52. Interpretation.

53. Citation. SCHEDULES B 791 S. I. No. 63 of 2014 NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL ENVIRONMENTAL (ENERGY SECTOR) REGULATIONS, 2014 In exercise of the powers conferred on me by Sections 34 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 and all other powers enabling me in that behalf, I, MRs, LAt:RE~TIA LARABA Mallam, Honourable Minister of Environment, make the following Regulations- [9th Day of December, 2014) Commence- ment. PART I-PURPOSE AND SCOPE

1.-(l) The purpose of these Regulations is to prevent or minimize Purpose. pollution and encourage energy efficiency in all operations and ancillary activities of the energy sector in achieving sustainable economic development in Nigeria. (2) These Regulations shall cover power generation, transmission and distribution from the following- (a) combustion processes fueled by gaseous, liquid and solid fossil fuels .. designed to deliver electrical or mechanical power, steam, heat, or any combination of these, regardless ofthe fuel type; (b) renewable(hydro, wave, wind, solar, geothermal, biomass) sources; and (c) nuclear sources. 2--{ l) This sector shall deploy energy efficient processes that are cost Scope and effective and meet the following requirements- Guiding Principles. (a) provide greater energy security through the use of indigenous energy resources ; (b) encourage green investment in renewable energy and energy efficiency in line with the Kyoto Protocol ; (c) reduce emissions of greenhouse gases (GHGs) ; (d) address the problems of environmental degradation resulting from pollution, deforestation and vegetation loss ; and (e) ensure that energy sources are ecologically sustainable. (2) These Regulations shall encourage electrical power efficiency in all electrical appliances by adopting green technologies on the basis of life cycle approach, anchored on the SRs ('reduce, reuse, repair, recover and recycle') from cradle to cradle as stated in the National Environmental (Electrical/ Electronic Sector) Regulations, 20 l I. B 792 (3) Where environmental damage occurs as a result of any incident, operators of facilities shall be required, to take appropriate remedial actions as approved by NESREA. Statutory 3.-( 1) Every power (generation, transmission and distribution) facility Requirements. shall- (a) submit an Environmental Impact Statement for new projects or modification of the original state of a facility or project including expansion of existing ones before the commencement of activities ; (b) submit an Environmental Audit Report (EAR) of an existing facility every 3 years ; (c) without prejudice to sub-regulation 3(b) of this regulation, where a facility is to be decommissioned, transferred or al ienated for any reason whatsoever, conduct an environmental assessment and submit the report to NESREA for verification and approval ; (d) submit an Environmental Management Plan for existing facility every 3 years; (e) without prejudice to this regulation, the power transmission and distribution facilities shall submit a right-of-way maintenance plan to the relevant town planning authority and NESREA; (f) submit a copy of their licence from Nigerian Nuclear Regulatory Authority (NNRA) to NESREA where the organisation or facility generates and manages radioactive waste ; and (g) in addition to the requirements of Regulation 7 of the Nigerian Radioactive Waste Management Regulations, organisations and facilities generating and managing waste shall submit their radioactive waste management plan approved by NNRA to NESREA. (2) The National Standards for effluent or emission limitations represent minimum standards and different effluent standards shall be required based on the condition of the receiving medium. (3) Power sector facilities shall comply with current and future extant regulations and guidelines on renewable energy power plants and others from the relevant agencies. Transmission 4.-{ 1) The power transmission and distribution lines shall not be installed and directly above residential buildings in conformity with the Nigerian Electricity Distribution Regulatory Conunission (NERC) transmission and distribution codes. Lines. (2) Installation of power distribution poles and power lines shall have a minimum Right-of-Way (RoW) as stated in the NERC codes as- (a) transmission lines- (i) 330KV-50m (25 meters both ways). B 793 (b) distribution Iines- ( i) 132KV-25m (12.Smeters both ways). 5.--{ l) A wooden electric poles shall be treated to ensure chemical Wooden fixation to prevent leaching and to impede the formation of surface residues Electric Pole at the right-of-way. Maintenance and (2) A facility shall not use banned chemicals as listed in Schedule III to Management. these Regulation in the treatment of electric poles.

6.- (1) A facility shall ensure- Control of PCB- (a) the replacement of existing transformers and other electrical containing equipment containing PCBs with other environment friendly alternatives Materials or on or before 2020 ; Units. (b) that transformers and equipment containing PCBs are stored on an impenneable pad or base with bund walls sufficient to contain the liquid contents in the event of leakage or spillage; and (c) that the storage area is roofed to prevent wash off. (2) A facility with transformer equipment which is more than 15 years old shall contact the Ministry responsible for environmental matters for appropriate storage, disposal of contaminated units and decontamination of the site. PART II- GENERAL PROVISIONS

7. A facility shall plan and set up machinery for combating all accidental Emergency Response discharges and have an emergency plan, which shall be readily accessible and plan. available to combat pollution hazards. • 8.--{ I) A facility shall install anti-pollution equipment for the detoxification Installation or treatment of effluent and emission so as to meet the prescribed effluent of Anti• and emission standards. Pollution Equipment. (2)The installation of anti-pollution equipment made pursuant to sub- regulation ( l) ofthis regulation shall be based on the Best Available Technology (BAT) or the Best Practicable Technology (BPT). 9.--{l) Every facility shall put in place an organizational system for Pollution pollution control and it shall assign a Pollution Control Manager (PCM) who Control shall oversee pollution control and prevention duties as specified in Schedule Organisational System. IV to these Regulations. (2) Lectures, courses and assessments shall be conducted in addition to capacity building schemes to help environmental PCMs and operators to obtain required qualifications and certification by NESREA. B 794 Chemical 10.-( 1) A facility shall submit to the nearest office ofNESREA the fo !lowing use. information- ( a) a list of the chemicals used in the manufacture or assemblage of its products; (b) details of stored chemicals and storage conditions; ( c) a list of obsolete or abandoned chemicals and the proposed plan for their environmentally sound management; and (d) a declaration of hazardous chemicals contained in the power generation, transmission and distribution equipment. (2) A facility shall ensure- (a) the minimization of organic solvents; (b) that the use of ozone-depleting substances are in accordance with the provisions of the Montreal Protocol and Kyoto Protocol or any other relevant Multilateral Environmental Agreement (MEA) ratified and domesticated by Nigeria. Restricted 11. Use ofrestricted chemicals listed in Schedule III to these Regulations Chemicals. shall be approved by NESREA. Management 12. Every facility shall ensure that there is no contamination arising ofOil from leakage of surface or underground, oil or fuel, or chemicals storage tank Stations and likely to cause pollution of the environment including surface water and Fuel Dump Sites. groundwater. Effluent 13.-(1 )The National Environmental Standards in relation to effluent Limitation limitations for the sector shall be as set out in Schedule II to thes1: Regulations. Standard. (2) An effluent shall be deemed to be non-compliant and polluted if- (a) the concentration of any of its parameters exceeds the permissible limits as specified in Schedule II to these Regulations ; and ( b) it is discharged from a facility without pre-treatment. Restriction 14.-(1) A facility shall not discharge effluent onto land, into a on the watercourse or into a water body w1less the facility ensures that the parameters release of of the effluent do not exceed the permissible limits set out in Schedule II to toxic effluent. these Regulations. (2) Notwithstanding sul?-regulation ( 1) ofthis regulation, a facility shall not discharge or cause to be discharged any effluent into a water system used or earmarked as source of potable water supply. Discharge of 15. Disposal of hazardous waste on water or land without prior treatment Hazardous is prohibited. Waste. B 795

16. A facility shall not discharge sludge directly into any water body and Sludge Disposal. any discharge to any part of the environment is prohibited except under a sludge disposal license issued by NESREA.

17.- (1) A facility shall comply with the prescribed emission standards Emission in Schedule I to these Regulations. Standards. (2) A facility shall be required to quantify and report sources and emissions data and also undertake emission reduction and implementation plan which shall be reviewed every 3 years by NESREA.

18. A facility with any source or potential source ofemission shal I measure Priority Air the emission of every priority air pollutant emitted, develop and implement a Pollutants. plan to control such emission in accordance with the standards as prescribed in Schedule 1 to these Regulations.

19. A facility, which emits gaseous substances, shall treat such to the Pollution permissible limits as prescribed in Schedule I to these Regulations using the Abatement for Air appropriate treatment technologies. Emissions.

20.-(1) A facility shall adopt best practices to minimize exposure of Best personnel to occupational hazards as prescribed in Schedule V to these • Practices. Regulations. (2) Every facility shall apply- (a) the BAT and best practices in the management of energy conversion technologies ; (b) the BAT that shall be environmentally friendly with emission levels not exceeding the permissible limits as contained in Schedule I to these Regulations; and (c) alternative fuels, processes and environmentally friendly methods that shall result in the significant reduction of emission.

21. All operators, importers, exporters, manufacturers, assemblers and Extended Producer distributors of various brands of electrical power products or equipment shall _Responsibility subscribe to the extended producer responsibility programme for end-of-life, Programme. discarded electrical power products as prescribed in Schedule VI to these Regulations.

22. A facility shall conform with the guidelines for permissible noise Noise levels as outlined in the National Environmental (Noise Standards and Control) Control. Regulations, 2009.

23. A facility shall apply appropriate techniques in power plants to Vibration minimize vibrations to the environment and adjacent facilities. Control. B 796 . . Emission -i4~A facility shall ensure that emission levels from all power plants Comrol. conform to permissible limits for National Environmental (Air Quality Control) Regulations, 2014. Waste 2.5.-(1) Every faci1ity shall ensure that all waste including waste oil, Control. sludge and oil filters froin the _power generating plants are handled and disposed as prescribed in the National Environmental (Sanitation and Waste Control) Regulations, 2009. (2) Without prejudice to the extant Regulations, a power generatfog facility is not permitted to discharge waste in solid, liquid or gaseous form without satisfying the conditions ofthese Regulations.- Community 26. Every facility shall'have a sustainable community relations programme Relations as part ofcompliance with corporate social responsibility. Programme. PART rn~SAMruNG FOR ANALvs1s Collection 27.- ( 1) For the purposes ofdetennining Iicense classification and license and Analysis compliance, the facility shall examine samples according to standard analytical ofSamples. methods in a laboratory accredited by NESREA and the Ministry responsible for environmental matters as well as NNRA in the case of a nuc-lear fallout. (2) The whole sample volume is to be taken at one time, at the point of discharge or, if the discharge has stopped, at the nearest practicable point within 1 kilometre upstream and downstream of the point of discharge .. (3) The sample shall be analysed immediately after collection where possible or within 24 hours after taking the sample and the w~ole sample volume shall be used. (4) A composite sample for the purpose of analysis for all tests other than those for temperature and pH shall be taken by combining individual samples as follows- (a) a minimum of 5 samples of equal volume of not less than 500 ml each shall be taken at the point ofdischarge or, ifthe discharge has stopped, at the nearest practicable point within I kilometre upstream and downstream of the point of discharge, at approximately equal intervals of time over a minimum period of4 hours within any 24 hour period ; (b) two of the compos1te samples collected when the discharge has been stopped, will be used to prove the source and extent of pollution ; (c) the samples shail be kept as coot as at site conditions licence and samp1e analysis shall commence not later than 24 hours after taking the last sample; (d) where the discharge has stopped or is intermittent, two grab samples shall be collected at the nearest practicable point within ·o ne kilometre upstream and downstream each of the point of discharge. B 797·

28.-( I) Measurements of air quality parameters shall take place at Air Sampling any facility, down.wind and upwind as listed below- • for Analy~is, • (a) measurement of total suspended pa11iculate matter shall be by gravimetric method using air sampler or by any other recommended scientific. method; (b) a minimum of 2 sampling periods (both 1-hourand 8-hour) shall be adopted ; and (c) the heavy metals level oftotal suspended particulate matter shaft be determined using any referenced standard method with atomic absorption spectrometer. (2) Gaseous pollutants shaU be measured b.y passive sampling, active sampling or continuous sampling. (3) Passive sampling method shall require the submission of analysis certificate along with results. A minimum of 3 sampling periods ( 1-hour, 24- hour and 72-hour) shall be adopted. ( 4) Active sampling for NOx shall use the Saltzman or any other recommended standard method. (5) Active sampling for SO, shall use the West-Gaeke; hydrogen peroxide or conducthnetry or any other recommended standard method. (6) Active sampling for hydrocarbons shall use the adsorption on activated charcoal method. (7) Continuous sampling ofany gaseous air pollutant shall use instruments with detection range accommodating the niaximum allowable Iim it of measured parameter and the measurement shall last for at least I hour in every sampirng location.

29.-( I) Noise levels shall be measured with instrument having both A Noise and C weighting, a resolution not more than 0.1 dB and fast or slow responses. Measurements. (2) Measurement shall be taken at least J m from any barrier or other sound reflecting sources, at about 1.2 - 1.5 m above ground level or working platform and shall last for at least I Oseconds. (3) Daytime and night time measurements shall be taken at the fence line ofany facility. ( 4) In this regulation- "Day Time" means 07:00-22:00 hours; and "Night Time" means 22:00-07:00 hours. B 799 (9) A facility producing radioactive material or waste shall submit a decommissioning plan to NAEC. N NRA and NESREA for approval and 1he plan shall comply with the Nigerian Radioactive Waste Management Regulations. ( I0) A faciliiy shall ensure that, afterthe closure of a nuclear reactor or plant, relevant records are maimained, radioactivity is monitored and intervention measures are taken to contain unplanned release of radioactive particles into the environment. ( 11) At close out, facilities shall monitor the plant during the cooling-off period and ensure that reactors are dismantled and are packed in containers for final disposal in compliance with the Nigerian Radioactive Waste Management Regulations and the Nigerian Transportation of Radioactive Sources Rcgu lations.

32.-(1) The fossil power plants are lhe facilities that use hydrocarbon Fossil fucl as fuels in d1eir reactors. Po"<r Pillnt. (2) The National Environmental (Mining and Processing of Coal Ores and Industrial Minerals) Regulations, 2009 shall apply for extraction of coal for the purposes of energy general ion. (3) Facilities shall take considerable measures to reduce noise pollution from turbines and other power generators including au,(iliaries. (4) Facilities shall take measures to conserve water in rhcir utility operations such es cooling towers and demineralization systems. (5) A facility shall comply with the prescribed emission standards in Schedule I to these Regulations. (6) A facility shall nOI release high ternpernrure water containing high dissolved solids. residues ofbiocides, residues ofother cooling system anti- tbulingagents into the environment without treatment. (7) Discharges of process wastewater, sanitary wastewater, wastcwater from utility operations or storm water to surface water shall 1101 exceed the natioaal pennissible limilS in Schedule II to these Regu lotions nnd the National Environmental (Surface and Groundwater Coll!rol) Regulations. 20 l 1. (8) Temperan,re ofwastewater prior lo discharge shall not result in on increase greater thon 3-5°C of ambient temperature at the edge of a scientificollyesiablishcd mixing zone. 33.--{I) Operators of renewable energy power plants shall ensure that : R.cncwoblc (a) construction or installation activities are not detrimental to the Eno:11) PO\\Cf cnvironmen1 and human health: Planrs. ,.- B 800 (/1) cunstructioo or installation l!~tivities do oot interfere with the use of public space, land and airpon facilities; (c)bio-fuelfired powerplantsshaU be designed in soc:ba waytbntgaseous emissions associated with the energy production are minimized; and {d) i.t line with sustainable development. every tree felled for the purpose ofpower generation shall be inconfonnil}'with the provisions of the National Environmental (Control of Bush, FOl'CSI Fire and Open Burning) Regulations, 2011 and the Na1ional Environmental (Desenification Control and Drought Mitigation) Regulations, 2011. 34.~ I) This regulation shall apply to power generation, transmission Eflieienc)'of and distribution equipment as well as household electrical appliances in <1ec1rl<al nceordance with the National Environmental (Electrical and Electronic Sector) pow•r Regulations, 20 I I. equipment. (2) All power equipment used in the electrical grid shall be opera1ed at optimum efficiency in line with the NERC approved codes, standards and regulations. (3) Imponers of electrical devices shall 111ke cognizance of the power needs ofthe country and adopt best technologies 10 a<:hiew ma,imum efficiency of 90% power rating. (4) Manufacturers and importers of elecrrical appliances shall adopt energy efficiency labels 10 the environmen1nl friendliness of the appliances. (5) All sectors of the economy shall adopt green practices in the use of electrical appliances and be encouraged to use only appliances with hill,her energy efficiency 1111lng. (6) The use of energy efficient devices including bulbs shall be promoted und the use of incandescent light bulbs shall be phased out within 10 years. PART \I-PERMITS, INDUSTRJAL Em.ua,rr MQl,;JTORINO AND REPOKTINC 35.~ I) The permitting procedures shall be as applied in the National Applicable Environmental {Electtieal end Eletll'Onic Sector) Rlgulntions, 2011 and the Pennh;. Notional Environmental (Pcm1i1ting and Licensing Systems) Regulations., 2009. (2) Faci lilies shall obtain 1he undcriis1ed permits as applicabl- (o) the Bio-diversity conservation permit; (b) the Air quality permit: (c) the Waste and toxic substances pcrmi1 ; (cl) the Power g.:neration, transmission aiiddistribuLion equipment impon pem1its; or ( ) Lhe Power equipment installation permit by 1he National Electricity ltt~ulntory Comm i\sion (NERC). B 801

36.-( I) The permittee shatl comply with the reporting requirements . Reporting under NESR~A's permit including incidence report-and monthly effluent or Require1JK..onts. emission data sheet by submitting the documents to NESREA's field offices. (2) The permittee shall, on -a quarterly basis, submit to NESREA (on dates specified) a description of the nature, concentration and flow of the pollutants in the monthly effluent data sheet required to be reported. (3) The report shall be based on sampling analysis performed in the period covered by the report. (4) The pennittee shall report all sampling results for parameters listed on the effluent limitations and monitoring requirement, on the industrial or commercial discharge monitoring report fom1s as in Schedule VU to these Regulations. (5) The permittee shall, at its own cost, install monitoring equipment approved by NESREA to facilitate the accurate observation, sampling and measurement-Of the quality of waste discharges in accordance with the permit conditions. (6) The monitoring equipment, whether owned by public or private organisation shalJ be installed according to the specifications given by NESREA. (7)Tbe plans and specifications for the installation shall be submitted to NESREA for review before construction and a permittee who discharges effluents shall have in place- (a) flow meters ; (b) point inspector chamber,s ; (c) recording apparatus; and (d) sampling test points or points of inspection. (8) The Permittee discharging or proposing to discharge effluent to a general sewer or treatment plant shall maintain the following- (a) records of production; (b) water consumption and discharge flow records ; ( c) complete monitoring records as specified in these Regulations ; (d) process monitoring records ; (e) incident reports; (/) waste handling records ; and (g) any other records necessary to show compliance with these Regulations.

37.-(l) The permittee shall sign the report and attach a copy of the Pennjnee to certificate of analysis from a laboratory accredited by NESREA. sign Repon. B 802 (2) Each rq,on slwJ be signed ~ ·- (a) a rnporu,l,lc ccrponk offkcr, if the pcrmittec submin ing the rq,ons i> I corponlion ; and (b) for the purposeoit his regulation any person "'ho pcrfonns similar polic) ttdccisica maling fW>Ction, for the corpcntion . (J) Eao:h rcpon ~!!all include the folknolngccttification Slatcmert - ~1 cc:rt•f> that this document and all auachmmts "ere prepaml unJtr m>· dirc,tion or supervi•i(Jn in accordan~ "'ith a S) ~cm Jcsigncd to n<ur,: thll qmlir1<.'lipcnoonel ~ I ) ptllttand.: .ahwc the infmnation sutmincd 11K" infomutioa h=in wbmlncd is IO thctal of Ill) lftO\\kdge and belief, 1r11e, ac.:unuc and complete•. ...... kccotd1 '" be mad•

38. Each record slull be niadc avaiW>lc to 1'ESRF A and 1,ball 1,e mained for a minimu,n of $)'can and tbroughour the cour-e of In)' penincnl relblcd !cpl procuJ ini;. rcri. 39. - (I) N11ional E m - ~ I SIIIIICbrdund Rraulmiom f.nfot=ncnt /\gn1e)' (NESRCA) shall ch.,.e fees- (a) for pniccuing awhcation for pcnnil : (b) for rc~i~ins d[scharac pcnnlll, prc,cn1i011 procedures and construct ion : and (t') it d«m, n«C'SAI)' to cany out tile requirements CQnUlincd herein which ma> include mcrarncy incidcnr re.poni.c and ccm of perso~nel and rquipmcnr (2) lbc fttS refcr.-cd 10 in 111b regulation (l ) ofd1i1 rqulauon relate oclcl> ID ffl4lttts c:tnmod by~ R~btlona and ane separate &om all 01hcr fc.:-, ch:irge:iblc b) l'.ESREA "'1,ich arc lubjcc110 re, lcw from time to 11mc PAU VI-E.-.rORCUil~, 40. --(I) Nf.SREA is l'C$pO!Wblc forrnforda a all applicable st111d1nb and rcquircmenu 111d on die buls or any infonnation a\o'allable to ,1, 11 may take an}' enforcement 1C11on at any tiffl<! as appropriate. (2) Wl1ile a penni1 is in lbrcc. ii shall be the duty DfNESREA ID take such action ulkler lhe$t Rrgulatiaos u may be nccnsary forth.: pu'J'OK of easunnadlat thcCGldiL1>11Sof the permit aRcomplie d with ◄ 1.--(1) An cnfortt,nrn t IK>li~ wll be ICIVCd if Nl:5REA ts of the opinion that a facihlyhasconlrl\'ffled.1>contr1,mingoris likcly1ocon1~,cne anycoadition ofthepmni t (2)An mforcancn t IK'!ice r.hall spcc•I) l.bc- (a) acti"itia ormaners com11nnn,g the c:ontn,ention or makmgit 1,1.el)i 1~~, tile conll'lvcntion will ari.e : B 803 (b) steps !hat shall be l8ken m remedy tht COlllJ'a\'elltion or m remedy the activities or matters malcing ir lilcely rha! lhe comravenlion "ill arise : and (c) period within which those steps shall be mlcen. (3} The provi$ions of sub-regulation (I) of this regulation shall apply "'herhcr or not the particular mannet of operating the facilicy in question, is regularcd by or conmi"CMS a condition of the permit. (4) AnofficerofNESREAmay, in thccourseof hlsdutyundcrth= Regulations, at any misonable mne- (a) enter and = h &n) premises or fac,lil) 10 take samples for analysis and measurements In lengrh or of IC\·el of standard• 10 -.hich these Regull!ions relate; and (b) seiu and detain for such lime as 1111)' be MCeSSlt)' for the purpose of these Regul3tions any article b) means of or in relation to which he rnsonably believe) 111y provision oflhcse Rtgulltions has been contravt'ned. 42.-{I) Where a pcnon fails to comply with the enforcemcin notice faltlfttO within the specified period givm under Rcgul&lion 41 (2)oft~ Regulations compl) \\Hh n second notice sha 11 be sen·cd . Enr.....,,,..,. (2) Failure ro comply with tM second node<e within the sp,ellied time NOlltt. limit "'ill lead 10 the i'I.Suance ofasuspeo,ionnou«, sealin&ofthe facility or prcml~J or IIJIY othl-r punitive action as ml) be necessary. (3) Wheoe a SUSJ>fflSioo notice is servtd pursuant to ~ Regulations the pcnnit ~hall, on the service of such notit:11 cease to have cffec1 as stated in the notice. (4) National EnYironmental Standanh and Regulations Enf«cemcnt Agency (NESREA) ml) w11hdraw a suspcmion notice after ,·erification of compliance. (S) N01"'ithstand1ng the provisions oftbcsc Rcgu latioM, NESREA shall have the power to enter and seal any facilily found contra~cniog any of the provision of these Rtgulations.

43. An enforcement nocice shall be delh-ered by band, registered pos1 or Mod, or courier, pasting at the facility or registered pttmiscs ofthe organization orby Odh..,,. pubHcation in a ncwspa~r. PAll:T VII--Orro,cu .u.o PalAI.JlES

44.(1) II is an offence for manufacnnn, imponcig. assemblers and °'°""'- distributon or opcntorS of po-..cr facil11ies no110 provide collection ccnll'CS or Opmlor's for me-back of !heir wastes or end -of-hfe equipment in Nigeria. Ptrn1h. (2) It is an offence for an opcff10rofany powergC11cratingfac:ilit)' te>-- B 804 (al disc sd In} used or ..-c ,quip:llfflt ei.cep1 ,n design.led collee11011 cmu n or poinlS ; (h) burn LMd or,.- astt equipcne111 ia the 1"1gerian em,ironmenl; (c) d1spo5C ofclcctrial equi pmm ~ clomrstic ormunicipel "ue ; (d) dispo K of used or wast e po'l\er cqoipmenl at any dump s11e. land-fill site, wate r bod) or •n> othe r place accp 1 al 1he desig nated recycling planl ; (,) rail 10 suppl) information as required for approval to operate 1he fadli ly; (/) fail 10 main11in ll1e facility 1n an t11\ironme n11lly-sound lllAMtt : (g) fail 10 comply ,,.,1h w d«onu111ssi<>nm1 condinons of"° ""' a\ pr=r tbcd by NESR.EA: (/,) fail 10 submil 10 NESREA ,.,dtl n a sp«11ied period, infOfTl\ltion or 1la11 about materials received 111hr fac1li1y : or (r')fa,l 10 subm,1 anen, i-m al Aud,t Rq,o n (f.AR) •• ~u,n ed b) NCS RtA ec..n,'O'ldan 45 h is an olTm « for a f11<:1hl) 10 cont ra,cn orP,rmi1 c- Coadltloa (o) • cond11ion of a pcnn it: (b) the requirements ofan mforcffl!cnl not kc.o r• closure no11cc under these Regulauons. (c) an) requoremt"nl 1m ~ b) a nolice i.cn.c d b) NESRt:A . rw 46.- ( I) h is an oft ~ for a factl•t> 10 mal. S111,mtnt t a ua1cmen1 "hicl t I~ known 10 be falr.e or misleading pani cular l),,. here 1he 1111cmen1 11 mac l.- (o) In p.1l1011ed compl11ntt,.,lh a requimmnl IO fumilh &n) mfonnalton lm~ d by or unckr any provision of these Regu la! ions, (b) for the purJIO'C of otum ing a pem111 for lhe f1c1hl) for variauon. transfer or surrender or a pcnn,, : (c) 10 fals,ry an fl!tl) In Ill) rmx d pcnaming 10 the pcnn11 : or (d) ,.;th !r11cn11od«cive, forg e« use• docum t111 iuuc d « aulhori7ed 10 be issued 1indcr • cond,1 ion of• pcrmll « requ ittd for any purrose under • cond ,tlon ofthc permit (2) 11 shall be 1n offence to mak e• ~t11cmen1 OI' ha,c in poiSCSSion a documenl thal i1 lil.tly to miilc ad or deceive NC.S REA fllilur,,10 47.- (1 )h .tlall be an offence if a facilil)' fails --,I> ••di l<>- Ouidtllne, (o) W..c meu um 10 mno ve or od1c.,.isc treat and di>pote of any lltd effiucnl 10 minimize adverse dftc b : ~ C•) mned iate d,e aniromr1e111 to die Slllldant in,cr ibed by NESREA ; (c) lbmi5h all information to NES REA ; B 805 (d) mnm-e equipment or coolain materials released imo the enviroruncm when requested by NESREA ; (e) produce document when requested by NESREA ; and (n comply with tbe guideliflrs with respect to the handling. storing and transpon of cffiluent genmttd. 48.~1) It is an offence ifa facility-- Fao1un:IO (o) handles effluent in a manner which causes achene effect to human '-'le tffl..,nuod health and the environ~• ; Sludgdna (b) obstructs NESREA from performing iu duties; p<Op<r (c) transpons effluent and sludge "hich are not covered by the - - manifest; (d) transpon, effiuent and sludge which - not romplc1cly enclosed, covered and secured ; Of (~) transports hu:ardous effluent and sludge in bulk "i1hou1 prior authorization from NCSREA . 49.~ I) A facility commits an offence if it falls 10- rmlul't' 1a malnt11ft anJ (n) mainllUD records of all discharges ; Of fit Rq><>n• (b) file quancrly and annual reporu or all discharg,es.

50.-( I) h shall be an olfcocc for a facility 10-- Di><hart<Of (0) releue effluent and sludge in10 the cnvironmcn1 beyond the .m...., b<)'Ond pennissibk, level ; pmnlsslblc (b) fail to n!pon the release ofemucot into the envitonmcnt in excess of lc,d the penmssible le,cl u contained in Schedule 11 to these Regulations . or (c) fail 10 take measures to prevent, reduce or remedy the ad\Crsc effect of effluent. sludge and emissions released Into the environment. Sl.-(1) Any penoo "'ho ,iolat~ the provisions ofth~ RcgulotioM Pcnallin. commits an offence and shall upon conviction, be liable 10 a fillC noc exceeding N200,000 or to imprisonment fora tcnn noc cXCftding I ;>ear or 10 both and an additional fine or NS,000 fore-cry day the olTc.ncc subsists. (2) Where an offence undeTthese Regulations is committed by a facility, i1 shall upon conviction, be liable 10 a fine not nceedmg N 1,000,000 and an r addi1ional me of WS0,000 for every day the offmce mbsists. B 806 PART VIII- MISCELLANEOUS Interpretation. 52. In these Regulations- "Act" means the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 ; "Air Emission" means any emission or entrainment process emanating from a point, non-point or mobile source resulting i11 air pollution; "Ambient Air" me811s air occurring at a particular time and place out of structure; "Appropriate Authority" means, for the purposes of any provision of these Regulations, NESREA and other relevant environment agency ; "Assembler" means a person or group of persons who bring, fix together separate parts of electrical power equipment; "Best Available Technology" means an emission limitation based on the maximum degree ofemission reduction which (consisting-energy, environmental and economic impact and other costs) is achievable through application of production processes and available methods, systems and techniques; "Best Practicable Technology (BPT)" means best practicable environmental option ; "Close Out" means activity describing completion of a project and transfer of completed project ; "Collection centres or points" means centres or points where wastes are collected and stored temporarily for the purpose of recycling ; "Distributors" means persons that provide electrical or electronic equipment on a commercial basis to the party who is going to use it; "Effluent" means treated or untreated waste water that is discharged from a treatment plant, sewer, or industrial outfall resulting from the commercial or industrial use of water; "Electrical Electronic Equipment (EEE)" means equipment which is dependent on electric currents or voltage or electromagnetic fields to function; "ElecJrical Power Equipment (EPE)" means electrical power equipment, equipment for the generation, transmission, distribution and measurement of these currents and fields, including the components necessary for the cooling, heating, protection, etc., of the electrical or electronic components ; "Electrical Power Efficiency (11)" means output power divided by the input power (r]) =100% * Pout I Pin; "Electromagnetic Fields (EMF)" mean invisible lines of force emitted by and surrounding any current carrying -component (e.g. Power Lines and Electrical Equipment) ; B 807 "End-of-Life" means Electrical Power Equipment (EPE) that have come to the end of their usefulness; "Enforcement" means actions to obtain ·compliance with environmental laws, rules, regulations or agreements .o r obtain penalties or criminal sanctions for violations ; "Enforcement Notice" means letters of compliance concerns or abatement notices infonning the facility of observed violations and the need to remedy the same within a time limit, failure of which the facility shall be sanctioned as provided in these Regulations ; "Environment" means the sum of aH external conditions affecting the life, development and survival ofan organism; "Environmenta!Audit (EA)" means a systematic, documented, periodic and objective evaluation of how well organisation's management and equipment are performing with the aim of safeguarding the environment and human health ; "Environmental Friendliness" means information provided by the manufacturers on the product to minimize environmental impact ; "Environmental Impact Assessment (EIA)" means a systematic process for identifying, predicting, evaluating and mitigating the biophysical, social and other relevant effects ofdevelopmental projects prior to major decisions being taken and commitments made; "Environmental Impact Statement (EIS)" means a document that arises from an EIA, issued by the Federal Ministry of Environment stating the environmental impacts and the mitigation measures put in place ; "Environmental Management Plan (EMP)" means the process that an organization will follow to maximize its compliance and minimize harm to the environment. This plan also helps an organization to map its progress toward achieving continual improvements; "Environmentally Sound Manner" means practice that does not pose a threat to the environment ; "Facility" means any power or energy generating company registered with the corporate affairs commission for the purposes of participating in the energy industry ; "Gaseous Pollutants" means substances discharged in the form of gas that are toxic to the environment ; "Grave Natural Disaster of an Exceptional Character" means non- man made occurrences such as earthquake and landslide ; "Green Practices" means practices that improve environmental quality ; "Green Technologies" are electrical electronic equipment that do not use hazardous chemicals ; B 808 "Hydropower" means power derived from the energy of falling and running water which may be harnessed for electricity generation; "ICNIRP" means the International Commission for Non Ionization Radiation Protection; "Importer" means a person or body corporate who, in the ordinary course of conduct of a trade, occupation or profession, imports power generation equipment; "MEA" means Multilateral Environmental Agreement; "Minister" means the Minister responsible for environmental matters or the appropriate government structure operating at that time ; "Modification" means a change i"n any activity that may cause an adverse effect if not properly mitigated and includes, but not limited to, the expansion of the same process, addition of product lines and replacement of equipment with different technology other than that presently in use ; "NESREA" means the National Environmental Standards and Regulations Enforcement Agency ; "Nuclear Facility" means any facility using nuclear sources for the generation of energy ; "Pasting" means the posting of a notice at the address of the owner or occupant of the premises or facility ; or the putting ofa notice in a pubIic or conspicious place so that people including those the notice is meant for, can see it ; "PCBs" means polychforinated biphenyls; "Permit" means an official document, authorization, license, or equivalent control document issued by NESREA to implement the requirements of these Regulations to discharge effluent especially for a limited period of time; '·Permfttee" means an individual or group of individuals, organizations or facilities that have been empowered by the permit to discharge effluent; "PH" means scale measuring the degree of acidity, -alkalinity and neutrality of a substance ; "Priority Air Pollutant" means the set ofchemicals that affect air quality covered under these Regulations; "Producer" means anyone who on a commercial basis imports, sells or manufactures electrical electronic equipment on a commercial basis for the Nigerian market ; "Radiation" means energy propagated in space which includes wave • and particles ; • "Radioactiven means the tendency ofa nuclei ofa particle to disintegrate, releasing ionization radiations ; B 809 "Recovery" means any practice that leads to the creation of a value of a dysfunctional equipment; "SRs" means reduce, repair, reuse, recover and recycle ; '·Recycle" means the reprocessing in a production process of the waste materials for the original purpose or for other purposes but excluding energy recovery which means the use ofcombustible waste as a means ofgenerating energy through direct incineration with or without other waste but with recovery of the heat, and "recycled" and "recycling operation" shall be construed accordingly; "Reuse" means any operation by which parts or components thereof are used for the same purpose for which they were conceived, including the continued use of the equipment or components thereofwhich are returned to collection centres, distributors, recyclers or manufacturers, and "reused" shall be construed accordingly; "Right-of-way, way Leave or Easements" mean access ways created for facility, transmission or location; "Renewable Energy" means energy that comes from resources which are continually replenished such as sunlight, wind, rain, tides, waves and geothermal heat; • ..Sludge" means liquid or solid sediments and other residue from a municipal sewage collection and treatment system and liquid or solid and other septic from septic or holding tank pumping from commercial, industrial or residual establishments; "Spot Sampling" means sample ofliquid or sediments obtained at a specific depth inside a tank using a bottle. Spot samples are analyzed to determine the gravity of the oil, base sediment and water of the fluid in the tank; "Standards" means a consensus document with limits ; "Thermal Power" means energy generated per time through combustion processes fueled by gaseous, liquid and solid fossil fuels and biomass and designed to deliver electrical or mechanical power, steam, heat, or any combination of these, regardless of the fuel type; "Treatment" means any activity after the waste from power generation has been handed over to a facility for depollution, disassembly, shredding, recovery or preparation for disposal and any other operation carried out for the recovery or disposal or both ; "Water Body" includes underground water, river, stream, spring, canal, reservoir, well, lake, lagoon, ocean etc ; "Watercourse" means any natural or artificial channel, pipe or conduit, excluding the sewerage system, carrying, or that may carry, and discharging water directly or indirectly into a water body ; B 810 "Waste" means spent materials (ionizing or non ionizing) from power generating facilities; "Wastewater" means effluent originating from the washing and general maintenance of a facility; "Year" means a calendar year commencing from 1st January. Citation. 53. These Regulations may be cited as the National Environmental {Energy Sector) Regulations, 2014. B 811 SCHEDULE I EMISSION STANDARDS FOR NEW FOSSIL FUEL POWER PLANTS No Pollutants Types of Fuel Coal Oil Gas I. Sulphur Dioxide (SO) (ppm) Power Plant Size > 500MW 320 320 20 300- 500MW 450 450 20 <300MW 640 640 20

2. Oxides of Nitrogen (as NO) (ppm) . 350 180 120

3. Particulates (mg)/m 3) 120 120 60 Note : reference conditions are at latm or 760mmHg dry basis, excess air of 50% or excess 0, of 7%. SCHEDULE II EFFLUENT LIMITATIONS GUIDELINES FOR POWER PLANTS SIN Parameter mg/!, except pH and temp 1. pH 6-9

2. TSS 50 .., .) . Oil & Grease 10

4. Total residue Chlorine 0.2

5. Chromium - Total (Cr) 0.5

6. Copper (Cu) 0.5

7. Tron (Fe) 1.0

8. Zinc (Zn) 1.0

9. Lead (Pb) 0.5

10. Cadmium (Cd) 0.1

11. Mercury (Hg) 0.005

12. Arsenic (As) 0.5

13. Temperature increase by thermal discharge ± 3 of the ambient from cooling system temperature of the receiving medium - ------,, B 812

SCHEDULE III RESTRICTED AND BANNED CHEMICALS IN ELECTRICAL EQUIPMENT PART A-RESTRICTED 1. Antimony Compounds. 2. Arsenic Compounds. 3. Arsine. 4. Arsenical Substances. 5. Carbon Tetrachloride. 6. Chlorine. 7. ChromicAcids. 8. Carbon Tetrafluoride. 9. Dioxins. 11. Dichlorotetrafluoroethane. 12. Furans. 13. HydrochloricAcid. 14. Hydrofluoric Acid. 15. Methyl Chloride. 16. Methyl Chloroform. 17. Tetraethyl Lead. 18. Tetramethyllead. 19. Tris (2, 3 dibromopropyl) Phosphate. 20. I, I, I Trichloroethane. 21. Tetrachloromethane. 22. Phenols. 23. Phenol Ethoxylate. 24. Polybrominated Biphenyls (PBBs). 25. Polychlorinated Biphenyls (PCBs). 26. Polybrominated Diphenyl ethers. 27. Polychlorinated Terphenyls (PCTs). 28. Pentachlorophenol (PCP). 29. Pertluoro Octane Sulfonates (PFOS). 30. Phosphine. 31. Phosphorus Compounds Sulphur Hexafluoride (SF6). PART 8-BANNED CHEMICALS 1. Captafol. 2. Ethylene Dichloride. 3. Mercury Compounds. B 813

SCHEDULE IV ORGANIZATIONAL SYSTEM AND THE FUNCTIONS OF POLLUTION CONTROL MANAGER(S) Every facility shall have an organizational system that will carry out internal environmental auditing of the facility and liaise with NESREA and other relevant Government authorities. The organizational system shall consist ofa- (a) pollution control supervisor; (b) pollution control manager; and (c) pollution control chief manager; who shall be appointed as appropriate and they shall be certified by NESREA through a qualifying examination. Organization for Pollution Prevention Polution Control ....................... ....... A Manager I Polution Control .............................. B Supervisor I I I Polution Control Polution Control ....... C Operatorrrechnician Operator/Technician Functions (a) Manages the pollution control issues of the facility. (b) Assists the manager and directs the operators or technicians. (c) Deals with technical operations of the pollution abatement equipment. Note : (c) depends on the size of the facility, for a large facility there shall be PCM for air, land and water. The specific duties of the pollution control manager (PCM) are to- (a) ensure that the staff involved in pollution control have clearly defined responsibilities; (b) ensure that daily pollution control practices are complied with; and (c) maintain proper environmental and safety communications within the facility and the regulatory authorities as well as the host community. B 814 POLICIES CONCERNING INDUSTRIES' POLLUTION CONTROL I. Pollution control management at facilities shall include- (a) the improvement and operation of effective environmental management systems ; (b) communication with NESREA headquarters; (c) the ability to know when a system is malfunctioning; (d) the documentation ofthe environmental management procedure and control of the records and documents; and (e) cooperation with interested pa11ies such as other related companies. 2. Addressing corporate-wide environmental measures includes- (a) recognition of the business risk relative to the environmental management system ; (b) recourse management including maintenance of human resources for pollution control and their competency; (c) establishing a corporate-wide environmental management system including risk information feed-back system ; (d) establishing a redundant monitoring, assessment and self-improvement system; and (e) establishing a contingency plan and its verification. B 815

SCHEDULE V BEST PRACTICES TO MINIMIZE 0CUPATIONAL HAZARDS Combustion facility workers may be exposed to dangers in the course of their activities and some measures have been proffered to mitigate the hazards that may arise from the under listed concerns- !. Non-Ionizing Radiation Workers may have a higher exposure to electromagnetic fields (EMF) than the general public due to working in proximity to electric power generators, equipment and connecting high-voltage transmission lines. Exposure should be prevented or minimized through the preparation and implementation of an EMF safety programme that has the following components- (a) identification of potential exposure levels in the work place, including surveys ofexposure levels in new projects and the use of personal monitors during working activities; (b) training of workers in the identification ofoccupational EMF levels and hazards ; (c) establishment and identification of safety zones to differentiate between work areas with expected elevated EMF levels compared to those acceptable for public exposure, limiting access to properly trained workers ; (d) implementation of action plans to address potential or confirmed exposure levels that exceed reference occupational exposure levels developed by international organizations such as the [nternational Commission on Non-Ionizing Radiation Protection (ICNIRP), the Institute of Electrical and Electronics Engineers (IEEE) ; (e) personal exposure monitoring equipment should be set to warn of exposure levels that are below occupational exposure reference levels ; and (f) action plans to address occupational exposure may include- (i) limiting exposure time through work rotation; (ii) increasing the distance between the source and the worker, when feasible ; or (iii) the use of shielding materials. 2. Heat Recommended prevention and control measures to address heat exposure at thermal power plants include- (a) regular inspection and maintenance of pressure vessels and piping; (b) provision of adequate ventilation in work areas to reduce heat and humidity ; B 816 (c) reducing the time required for work in elevated temperature environments and ensuring access to drinking water ; (d) shielding surfaces where workers come in close contact with hot equipment, including generating equipment, pipes etc; and (e) use of warning signs near high temperature surfaces and personal protective equipment (PPE) as appropriate, including insulated gloves and shoes. 3. Noise Recommendations to prevent, minimize, and control occupational noise exposures in thermal power plants include- (a) provision of sound-insulated control rooms with noise levels below 60dBA; (b) design of generators to meet applicable occupational noise levels; (c) identify and mark high noise areas and request that personal noise protecting gear is used all the time when working in such high noise areas (typically areas with noise levels >85dBA) ; and (d) proper installation ofequipment with dampers to prevent vibration. 4. Electrical Hazards Recommended measures to prevent, minimize, and control electrical hazards at thermal power plants include- (a) installation of hazard warning lights inside electrical equipment enclosures to warn of inadvertent energization ; (b) use of voltage sensors prior to and during workers' entrance into enclosures containing electrical components ; (c) deactivation and proper grounding of live power equipment and distribution lines according to applicable legislation and guidelines whenever possible before work is performed on or proximal to them ; (d) provision of specialized electrical safety training to those workers working with or around exposed components ofelectric circuits. This training includes training in basic electrical theory, proper safe work procedures, hazard awareness and identification, proper use of PPE, proper lockout or tagout procedures and proper rescue procedures ; and (e) provisions for periodic retraining as necessary. 5. Fire and Explosion Hazards Recommended measures to prevent, minimize, and control physical hazards at thermal power plants include- (a) use of automated combustion and safety controls; (b) proper maintenance of boiler safety controls ; B 817 (c) implementation of startup and shutdown procedures to minimize the risk ofsuspending hot coal particles (e.g. in the pulverizer, mi II, and cyclone) during startup ; (cl) regular cleaning ofthe facility to prevent accumulation of coal dust (e.g. on floors, ledges, beams, and equipment); (e) removal of hot spots from the coal stockpile (caused by spontaneous combustion) and spread until cooled, never loading hot coal into the pulverized fuel system ; and (f) use of automated systems such as temperature gauges or carbon monoxide sensors to survey solid fuel storage areas to detect fires caused by self-ignition and to identify risk points. 6. Chemical Hazards Recommended measures to prevent, minimize, and control physical hazards at thermal power plants include the- (a) generation of ammonia on site from urea or use ofaqueous ammonia in place of pure liquefied ammonia; and (b) use of sodium hypochlorite in place of gaseous chlorine. 7. Dust Recommended measures to prevent, minimize, and control occupational exposure to dust in thermal power plants include the- (a) use ofdust controls (e.g. exhaust ventilation) or wherever free silica levels in airborne dust exceed 1 percent ; and (b) regular inspection and maintenance ofasbestos containing materials (e.g., insulation in older plants may contain asbestos) to prevent airborne asbestos particles. B 818

SCHEDULE VI GUIDELINES FOR EXTENDED PRODUCER R ESPONSIBILITY PROGRAMME I. As part of the strategic alliance programme ofNESREA, all private individuals, retailers, manufacturers and importers of electrical power equipment (EPE) shall partner with NESREA to establish an effective extended produccer responsibility programme. 2. Manufacturers and importers ofEPE shall submit an extended products responsibility proposal along with the relevant permit in these Regulations and such proposal shall- (a) cover all brands of equipment for power generation, transmission and distribution ; (b) establish a process for the collection, handling, transportation and final treatment of post-consumer EPE regardless of who the original brand owner is ; and (c) incorporate the principles ofa pollution prevention hierarchy by moving progressively from disposal to reduce,reuse, repair ,recover and recycle of· post-consumer products. 3. Manufacturers and importers of EPE shall submit on or before June 30 in each year to NESREA, an annual report on their extended products responsibility program during the previous fiscal year which shall include- (a) infonnation relating to the total amount ofEPE sold and post-consumer ;, products collected ; (b) information relating to the total amount of post-consumer EPE processed or in storage ; (c) information relating to the percentage of post-consumer EPE that were treated or contained, reused, recycled, recovered and repaired ; (d) information relating to the types of processes used to repair, reuse, recycle or recover post- consumer EPE, including details of eff011s to incorporate the priorities of a pollution prevention hierarchy by moving progressively from disposal to reduction, repair, reuse and recycle of post- consumer products ; (e) information relating to the location of any long-term containment or final treatment and processing facilities for post-consumer product; (() information relating to the process of internal accountability used to monitor environmental effectiveness; and (g) any other information requested by NESREA. 4. Manufacturers of EPE shall provide along with the equipment- (a) a detailed manual on handling of the equipment in case of accidental breakage or damage ; B 819 (b) details on the disposal of the erui use ·o f the-procfuct; (c) list of collection c~ntres or organisatfons for deposition ofthe end- of-life EPE after giving contact detaifs of the collection centres such as address, telephone no, 24hrs helpline- an<te-mail ; and- (d} details of pick-up services-. - . ., B 820

SCHEDULE Vil FORM l MONTHLY DISCHARGE MOKITORING REPORT (MDMR) [NESREA Discharge Monitoring Report] Please Complete and Submit One Copy each Month. This Report Shall be Postmarked not later than the 28th of the following Month FACIUTY NAME AND ADDRESS : Mail to : National Environmental Standards and Regulations Enforcement Agency (NESREA), Facility e-mail address: # 4, Oro-Ago Crescent, Garki II, Abuja. SAMPLING POINT LOCATION : ........................................................................... . . MO:\THYEAR SAMPL[NG DATES AND TIME : ...................... ................... ····· .............. ........ ... . TYPE OF SAMPLING PARAMETERS WEEKLY RESULTS NESREA Regulatory Limits PHYSICAL : UNITS lsr 2ND 3RD 4TH AVERAGE Appearance Odour Temperature "C pH Conductivity µs/cm Turbidity NIU Dissolved Oxygen (DO) mg/I Total Suspended Solids (TSS) mg/I Total Dissolved Solids (TDS) mg/I BOD mg/I COD mg/I INORGANIC: Chloride mg/I Nitrate mg/] B 821 Sulphate mg'! Sulphite mg/I Cyanide mg/I Nitrites mg/I Chromium <hexa-valent) mg/I Copper mg/I Zinc mg/I Lead mg/I Cadmium mg/I Manganese mg/I Silver mg/I Mercury mg/I Arsenic mg,1 ORGANICS: Phenols mg/I Oil&Grease mg/I MICRO-BIOLOG lCALS: Feacal Coli fonn mg/I NOISE MEASUREMENTS LOCATIONS NOJSELEVELS Signature with I certify under penalty of Date of Principal la\,- that this document Executive Officer and all attachments were or Authorised prepared under my Agent: direction or supervision in Signature of Certitied- Date (Month, Date: accordance with a system Operator. Day. Year designed to assure that qualified personnel Signatur.e: properly gathered and evaluated the infom1ation submitted. B 822

ANNEX I BEST PRACTICES FOR CONTROL OF AIR EMISSIONS Recommended measures to prevent, minimize, and control air emissions from powe~ plants include- (a) use of the cleanest fuel economically available (natural gas .is preferable to oil, which is preferable to coal) if that is consistent with the overall energy and environmental policy of the country or the state where th~ plant is proposed. Fuels, combustion technology and pollution control technology should be eva1uated very carefully upstream of the project to optimi_ze the pr.oject's envir-0nmental performance ; (b) when burning coal, giving preference to high-heat-content, low-ash, and low-sulfur{:Oal ; (c) considering beneticiation to reduce ash content, especially for high ash coal; (d) selection of the best power generation technology for the fuel chosen to balance the environmental and economic benefits. The choice -0f technology and pollution control systems will be based on the site-specific environmental assessment(some examples include the use ofhigher energy- efficient systems, such as combined cycle gas turbine system for natural gas and oil-fired units, and supercritical, ultrasupercritical or integrated coal gasification combined cycle (IGCC) technology for coal-fired units); (e) designing stack heights according to good international industry practice (GifP) to avoid excessive ground level concentrations and minimize impacts, including acid deposition ; • (/) considering use ofcombined heat and power (CHP, or cogeneration) facilities. By making use ofotherwise wasted heat, CHP facilities can achieve thermal efficiencies of 70-90 percent, compared with 32-45 percent for conventional thermal power plants ; and (g)-ensuring that emissions from a single project should not contribute more than 25% of the applicable ambient air quality standards to allow additional, future sustainable development in the same air shed. BEST PRACTICES FOR E ~ERGY EFFICIENCY AND GHG EMISSIONS Carbon dioxide, one of the major Greenhouse Gases (GHGs) under the UN Framework Convention on Climate Change is emitted from the combustion of fossil fuels. Recommendations to avoid, minimize, and offset emissions of carbon dioxide from new and existing thermal power plants include- (a) use of less carbon intensive fossil fuels (i.e., less carbon containing fuel per unit ofcalorific value - gas is less than oil and oil is less than coal) or co-firing with carbon neutral fuels (i.e., biomass) ; B 823 (b) use of combined heat and power plants (CHP) where feasible; (c) use ofhigher energy conversion efficiency technology; (d) considering efficiency-relevant trade-offs between capital and operating costs involved in the use ofdiffer.ent technologies. For example, supercritical plants may have a higher capital cost than subcdtical plants for the same capacity, but lower operating costs. On the other hand, -characteristics ofexisting and future size ofthe grid may impose.limitations in plant size and hence technological choice. 19ese tradeoffs need to be fully examined in the EA; {e) use ofhigh performance monitoring and proc,ess control techniques, good design and maintenance of the combustion system so that initially designed efficiency performance can be maintained ; {f) where feasible, arrangement ofemissions offsets (including the Kyoto Protocofs flexible mechanisms and the voluntary carbon market), including reforestation, afforestation, or capture and storage ofCO2 or other currently experimental options ; (g) where feasible, indude transmiss.ion and distribution loss reduction and demand side measures. For example, an investment in peak load management could reduce cycling requirements ofthe generation facility .thereby improving its operating efficiency. The feasibility ofthese types of off-set options may vary depending.on whether the facility is part of a vertically integrated utility or an independent power producer; and (h)-Considering fuel cycle emissions and off-site factors (e.g., fuel supply, proximity to load centers, potential for off-site use ofwaste heat, or use of nearby waste gases (blast furnace gases or coal bed methane) as fuel.

ANNEX II BEST PRACTICES FOR WATER USAGE Recommended management measures to prevent or control impacts to water resources and aquatic habitats include conserving water resources, particularly in areas with limited water resources, by- (a) use ofa closed-cycle, recirculating cooling water system(e.g., natural or forced draft cooling tower), or closed circuit dry cooling system (e.g., air cooled condensers) ifnece~sary to prevent unacceptable adverse impacts. Cooling ponds or cooling towers are the primary technologies for a recirculation cooling water system. Once-through cooling water systems may be acceptable if compatible with the hydrology and ecology of the water source and the receiving water and may be the preferred or feasible alternative for certain pollution control technologies such as seawater scrubbers;