National Environmental (Mining and Processing of Coal, Ores and Industrial Minerals) Regulations, 2009 (S.I. No. 31 of 2009)

1. Purpose

2. Planning

3. Best Practices PART II-GENERAL PERMIT, MONITORING, ENFOR CEMENT AND INCENTIVE S

4. General Permits

5. Monitoring Pollution Unit

6. Equity

7. Community Relations

8. Control, Mitigation and Enforcement

9. Incentives PART III-EFFLUENT LIMITATIONS

10. Treatment of Efflucnt

11. Management of Oil Station and Fuel Dump Sites

12. Permits

13. Polluter-Pays-Principle

14. Emergency Response Plan PART IV-SAMPLING AND ANALYSIS

15. Sample Collection

16. Preservation and Analysis

17. Dispersion Train PART V-lNDUSTRIAL WASTEWATER MONITORING AND REPORTING Reporting Requirements Authorized Signatory Monitoring Records Fees Confidential Information and Public Access to Records B 1148 PART VI-ENFORCEMENT nce with Conditions

23. Duty of the Agency to E�s�re Complia

24. Enforcement Notices

25. Enforcement Notice Reminder

26. Mode of Delivery

27. Suspension Notice PART Vll-OFFENCES UNDER EFFLUENT LIMI TATIONS

28. Offences p ART V Ill-PEN.ALTY

29. Penalty PART IX-EMISSION LIMITATIONS

30. Fugitive Emissions Sources

31. Conventional Pollutants

32. Specific Pollutants

33. Control Plan

34. Priority Air PoHutants Guidelines

35. Stack Emissions Monitoring Methods

36. Penalty P,'\RT X-NOISE POLLUTION AND CONTROL

37. Planning

38. Noise Exposure Limits

39. Hearing Conservation Programme

40. Testing and Monitoring

41. Hearing Protectors PART Xl-GUIDELINES AND CODES OP PRACTICE

42. Guidelines and Codes of Practice

43. Offences PART XII-AUDIOMETRIC TESTING AND COMPLIANCE VERIFICATION

44. Audiometric Testing Programme

45. Compliance Verification

46. Penalty PART XIII-INTERPRETATIONS, ETC.

47. Interpretation

48. Citation SCIIEDUI.ES B.1149 S. I. 31 of 2009 . . NATIONAL ENVIRONMENTAL STANDARDS REGULATION ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL ENVIRONMENTAL (MINING AND PROCESSING OF COAL, ORES AND INDUSTRIAL MINERALS) REGULATIONS 2009 In exercise of the 1>owers conferred on me by Section 34 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007, and all other powers enabling me in that behalf, I,JoHN ODEY, Minister of E11vironment hereby make the following Regulations- [30th September, 2009] Commence- ment. PART I-PRELIMINARY ISSUES

1. The purpose of these Regulations is to minimize pollution from the Purpose. Mining and Processing of Coal, Ores and Industrial Minerals.

2.-( I) New development in the Mining and Processing techniques Planning. shall apply up-to-date, efficient cleaner production technologies to minimize pollution to the highest degree practicable. (2) Mines using old operating methods shall take necessary measures to limit risks by installing leachate collection tanks and such others. (3) Mines using new designs shall evaluate their installations and ensure that control routine are sufficient to prevent risks of pollution or accident. (4) Environmental Impact Assessment (EIA) study.shall be conducted for new development in the sector and approval obtained from the Federal Ministry of Environment while comprehensive Environmental Evaluation Study (EES) shall be carried out on facilities without EIA at the commencement of operations and reports submitted to the Agency. (5) Every existing facility shall conduct and submit a three (3) yearly Environmental Audit Report to the Agency for review.

3.-(1) Every facility shall adopt cleaner production processes and Best p�IIution prevention measures that woul� yield both economic and Practices. environmental benefits'. (2) Every facility shall implement programmes on best practices as specified in Schedule 3 to these Regulations. Schedule 3. (3) Every facility shall provide base for ancillary equipment and bund wall in the event of any unanticipated discharge or spillage. PART JI-GENERAL PERMIT, MONITORING, ENFORCEMENT AND INCENTIVES

4. Procedures for application for permits or licences for mine emissions General · in excess of permissible levels including revocation of such permits when it Permit B 1150 the National Environmental has already been issued, are contained i_n (Permitting and Licensing System) Regulations _2��- Monitoring s.-· (1) Every fac.il_tty-shall- .. Pollution Unit. (a) have a pollution monitoring unit within its premises ; (b) have on site pollution control unit; or (c) assign the responsibility for-pollution control to a person or body corporate accredited by the Agency if there is no capability within. (2) A liquid discharge from every facility shall be analysed and reported to the nearest office of the Agency every month, through _a Discharge Monitoring Report (DMR). Equity. 6. Every facility shall be given equal treatment on inspection and enforcement matters. Community: 7. There shall be sustainable community relationship with the host Relations. communities. Control, 8.-( 1) The Enforcement Officer shall- Mitigation and (a) be responsible for co-ordinating, monitoring compliance and Enforcement. enforcement of these regulations ; (b) determine the times and places of effluent discharge, air emission and -nojse interference in the area of jurisdiction ; (c) investigate complaints relating to violation of these Regulations ; (d) prohibit the continuation of undesirable activities which cause violation of these Regulations. (2) The Enforcemen_t Officer may per�it activities beyond acceptable limits as specified in the-permit for the operation or by such a cause or for a purpose as the Agency may by notice specify. (3) Any person may lodge a comp_lai•nt with the Agency on the grounds that he or she is aggrieved orad�ersely �ffe.cted by an activity in contravention of these Regulations. (4) Any person or grou'p of persons is entitled td bring an action in a court to stop, prevent or control contravention of these Regulations. (5) In lodging a complaint under these Regulations, it is not necessary for the complainant to show or prove personal loss or injury or discomfort caused by the activity. (6) On receiving a complaint unde,· these Regulations, the Enforcement Officer shall take all reasonable steps to ensure that the �iolation is abated or controlled, and that these Regulations are complied w'itl1. B 1151 (7) Whenever an Enforcement Officer has reasonable cause to believe that a person is violating or is likely to cause violation of these Regulations, the Enforcement Officer shall serve an improvement notice on that person or body corporate on the form prescribed in the relevant Schedules, ordering all or any of the following- (a) stop, prevent or discontinue the violation, or prohibit or restrict its occurrence or re-occurrence ; (b) ensui·e compliance with the provisions of these Regulations; (c) ensure reduction in the level of pollution emanating from the activity to a level as may be specified in the notice; (d) ensure the conduct of an environmental audit·; (e) prevent further violation in the area of operation; (f) issue such directives intended to mitigate the impact in the area of activity ; (g) execute such works, and take such steps, as may be specified in the notice; and (h) carry out any other order as may be issued. (8) Notwithstanding any other provisions of these Regulations, where it appears to the Enforcement Officer that the level of violation of these Regulations is not acceptable or is causing public nuisance, tl;le Enforcement Officer may issue an improvement notice, for the benefit of the public. (9) An improvement notice issued under these Regulations shall specify the period within which the requirements of the notice are to be complied with. ( 10) The improvement notice shall be served on the person or body corporate responsible or alleged to cause or likely to cause pollution, if that person cannot be found, or the violation or abuse has not yet occurred, on the facility from which the violation is likely to occur. (11) Any person or body corporate on whom an improvement notice is served under these Regulations who fails to carry out any requirement of the improvement notice, commits an offence. ( 12) The failure to comp]�, with the conditions of the improvement notice withi� the period specified, constitutes an offence. ( 13) An Enforcement Officer may seize, impound or confiscate any property, tooJ, machinery or other instrument which is likely to, or has caused the violation in the area of operation.

9.-(1) Each Facility or body corporate that demonstrates environmental Incentives. leadership, adopts environmentaJly responsible practices. demonstrates \ B 1152 plary environmental commitment to environmental quality and maintains exem by the Agency. compliance records·sha\1 be recognized and encouraged (2) The environmental performance requirements shall be based upon agreed criteria and rating for e�ch sector as may be determined by the Agency. (3) The Agency shall recognize environmental compliance in five categories and reward deserving facilities. (4) The Agency shall institute and certify the best envi ronmentally performing facility and organisation with the Agency's Green M ark (.f) 'I (5) The Logo of the Agency's Green Mark([) shall only be used by facilities and organizations certified and duly recognized . " by the Agency . o I PART HI-EFFLUENT LIMITATIONS ! Treatment of 10.-(1) Every facility which discharges effluent shall treat it to an I Effluent. acceptable limit. I I Schedule I. (2) Dilution of effluent to achieve the standards specified in Schedule 1 ' I to these Regulations is prohibited. (3) Tailings containing heavy metals or other toxic materials or substances shall be treated and disposed off in a go\'.ernment approved designated site or landfill. (4) Mine water containing heavy metals or other toxic materials or substances shall be treated to acceptable level before disposal. I• II (5) Every facility shall ensure that-· I (a) no waste material beyond permissible limits is released from the premises at which the operation is being carried out ;_and (b) all effluents are cleaned up and disposed ::)ff at an appropriate discha rge point o r waste treatment facility at the conclusion of each operation. (6) Burrow pits containing mine wate r shall be safely secured. (7) Heaps, dumps and spent solutions shall be detoxified to reduce deleterious chemical components such as cyanide, acidity and metal loadings. (8) Acid Mine Drainage testing shall be carried out by the facility throughout operations and c.:losure. Management 11.-( I) There shall not be contamin ation arising from \eakaoe l of Oil . � of oi Station and or fuel storage facility or chemicals likely to cause pollution to the environment Fuel Dump including the surface water, groundwater and soils. Sites. (2) A facility shall have base for any ancillary equipment and provide an appropriate bund wall in the event of any unanticipated discharge or spillage. - B 1153

12.-( I) No fac.ility shall cause to be discharged, any effluent into the Permits. natural water system and land with�ut a permit from the Agency. (2)'. Every faciJity s�all apply for and obtain permit from the Agency . dunng a� upgrade or expansion_of such facility. (3) .. Every facility shall obtain permit from the Agency for new point sources of pollution. (4) No effluent with constituents beyond permissible limits shall be discharged into mine pits or the ecosystem.

13.-(l) The collection, treatment, transportation and final disposal of Polluter­ wastes within the specified standards and guidelines, shall be the responsibility Pays­ of the facility generating the wastes. Principle. (2) In the event of a pollution resulting in an impact on the environment whether socio-economically or health wise, the facility shall as specified in Schedule 4 to these Regulations, be responsible for- Schedule 4. (a) the cost of clean-up ; (b) remediation ; (c) reclamation ; (d) compensation to affected parties ; and (e) cost of damage assessment and control.

14. The owner or operator of a facility shall prepare an emergency Emergency response plan that describes the measures to be taken in respect of a dele�erious Response Plan. substance to prevent any deposit or discharge out of the normal course of events of such a substance and to mitigate the effects of such a deposit or discharge and such emergency response plan shall include such details as specified in Schedule 5 to these Regulations. Schedule 5. PART IV -SAMPLING AND ANALYSIS

15.-( I) For all discharges, required data shall be obtained using Sample Collection. appropriate sampling techniques including- (a) water, sediment and soil sampling ; (h) time proportioned composite sampling; (c) multiple grab sampling or any other type of sampling; that will provide a representative sample, as approved by the Agency all for Schedule I. parameters indicated in Schedule I to these Regulations. of the (2) The grab sample shall be taken during the first thirty minutes discharge. (3) If the collection of grab sample during the first thirty minutes is _ _ impracticable, a sample can be taken during the first hour of the discharge. - B 1154 ring report describing e . 111du st . 1y sh·a 11 submit discha. rge monito . . . •impractic . 'W hy a and th ftrst 30 m mu tes w,1s able grab samp\ e col\ ec 1 t-011 durino0 the (4) A com posit e sample shall either be flow weighted or time Weighted. .... flow prop.ortioned composite samples over (5) 1 ':1dustries shall collect . harge 1f tI1e durat1on ot· the discharge is . or the dur atio n of the disc 24 hours less than 24 hours. ortioned somposite samples if (6) The Agency may waive flow prop required. (7) Composite samples may be taken with a continuous sampler or as a combination of a minimum of 3 grab sample aliquots shall be taken in each hour of discharge for the entire discharge. Preservation 16.-( l) All discharge samples shall be preserved, and analyzed using and techniques that provide sufficient precision and accuracy to determine the Analysis. regulated pollutant, using standard analytical methods. (2) Where necessary, sample shall be preserved as appropriate for a minimum period as the Agency may direct. Dispersion 17. Where the effluent is discharged into a drainage system , samples Train. shall be taken from the upstream, fallout point and at appropriate intervals downstream. PART V-lNDUSTRIAL W ASTEWATER MONITORING AND REPORTING Reporting 18.-\ l) Subject to categori_cal standards, the permit holder shall comply Requirements. . with reportmg requirements under the Agency's Permit including Annual _ _ Monito1:mg Rep�rt, Mon �hly Effluent Discharge Monitoring Report, Incident Report 1� c�mphan�e with Environmental Management Plan (EMP), to the Schedules 2, _ Agency s field office s as specified in Sched ule s 2, 6 ' 7 a nd 8 to these 6, 7 and 8. _ · Regulations. (2) A Permit holder must subm1t · to the Ao quarterly, on . . Oency at least dates spec1f1ed a descript'ion °f the nature, '. concentration and flow of the pollutants req�1red to be reported. (3) The report shall be based on . samphn° O analysis per for med ·in the peno · d covered by the re rt and all rep i� orting sh ll be in compliance w i. th the Schedules 2 fo rmat as in Sc hedules nd 6 to these Re � and 6. gulat10ns. (4) The permit holder sh·all report all sample results for purumete. rs listed on Effluent L 'i in·,tat·tons and M 0 • d strtU1 or Commercial Discharge M on.1to . 111· tonng Requirement, on the In u nng Report forms. (5) The per mit holder shall .ins· t ., I 1 ,\l . . lls , own t:o . . . e .i n,ent omtonng approved hy the Agency to I'·,lc1, ... st m q� p _ n d . ,1 . measurement ol was. tes. •·is· 1c

1. It.He the • -- . qu1r .,,.,. --L11 . at e o b servntton, sam pltno0 cd by the perm it. · 1 B 1155 (6) Such equipment shall be in working order and kept safe and accessible at all times and such monitoring facilities shall be constructed according to the specifications given by the Agency and other applicable construction standards, whether owned by public or private organization. (7) Plans and specifications for such work shall be submitted to the Agency, for review and comments before construction. (8) A permit holder discharging or proposing to discharge wastewater 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 ; and (l) waste handling records and any other records necessary to demonstrate compliance with these Regulations. (9) A permit holder shal! be required to file reports with_ the Agency if 1 the permit holder-· (a) in any month commits a serious violation or fails to submit a completed discharge monitoring report; (b) exceeds an effluent limitation for the same pollutant at the same discharge point source by any amount for four out of six consecutive months ; and (c) has any discharge that could cause problems to the environment, including any sludge loading. (1 O) The permit holder shall sign the report and attach a copy of the certificate of analysis from the Agency's accredited laboratory.

19. Each report must be signed by the approprii1'te officer as follows­ Authorized Signatory. (a) a responsible corporate officer, if the permit_holder submitting the reports is a body corporate. (b) all reports shall include the following certification statement: "l certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the infornrnlion submilled. The information herein submilt"ecl is, to the best of my knowledge and belief, true, accurate, and complete.''

20. Such records shall be made available to the Agency and shall be Monitoring Rcc.:ords. retained for a minimum of five (5) years and throughout the course of any pertinent litigation. B 1156 , . lll .etdopt charcreies a nd fe es that shall inclu de- Fees. 21.-( l) The Agency slh ermit � • . . app 1· a tio n for p (a) fees for processmg I c . . . .. dis c1 • i,u.e,0e, prevention procedur es. and construction ; (IJ) fees for reviewmg and . deem neces�dry to carry out the (c) other tees as the Age� cy may . . tain ed her em wh i h � ay inc lude e me rgen cy incident requirements con c nt. response and cost of personnel and equipme . . relate on 1 y t o the mat ters cov ered by thes e Regulat10ns (2) These fees . , cy and subj ect to and are separate from all other fees chaigeable by the A e,oe n review. Confidential 22. Public access shall also be governed by the Act, however, wa?ewa�er Information constituents and characteristics shall not be recognize d as c onfidential and Public information. Access to Records. PART VI-ENFORCEMENT Duty of the 23.-(l) The Agency has the primary responsibility of enforcing all Agency to applicable pretreatment standards and requirements and on the basis of any Ensure information available to it, the Agency may enforce any applicable pretreatment Compliance with standard and requirement at any time as appropriate. Conditions. (2) While a permit is valid, it shall be the du_ty of the Agency to take such action under these Regulations as may be necessary for the purpose of ensuring that the conditions of the permit are complied with. Enforcement 24.-( 1) If the Agency is of the opinion that an operator has contrave�e d, Notices. is contravening or is likely to contravene any condition of the permit, the Agency shall serve it an enforcement notice. (2) An enforcement notice shall- (a) specify the ma!ters ��mst�tuting contravention or matters making it likely that contravention will anse ; (b) specify steps that must be taken to remedy the contrave ntion or to remedy the matters making it likely that contravention will arise ; and (c) specify the period within which those steps must be taken. (3) Regulation 23(2) of these Regulations shall apply whether or not the particular manner of operating the facility in question, is regulated by or contravenes a condition of the permit. Enforcement 25. Failure to comply with such notice within the specified Notice number of days as specified under regulation 24(2)(c:) of these Reminder. Regulations, second notice shall be served with a shorter time frnme before . comir1encc111ent of appropriate legal action . B 1157

26. Enforcement notice shall be delivered by registered post or courier Mode of Delivery. or hand delivery at any of the registered offices of the organization. Suspension

27.-( I) Where a suspension notice is served under these Regulations Notice. the permit shall, on the service of the notice, cease to have effect. (2) The Agency may withdraw a suspension notice after compliance. PART VII-OFFENCES

28.-(l) It shall be an offence if a facility fails to comply with: Offences. (a) or contravenes a condition of a permit ; (b) the requirements of a11 enforcement notice, or a closure notice under these Regulations ; (c) any requirement imposed by a notice served by the Agency without reasonable excuse. (2) It shall be an offence if a facility makes a statement which is known to be false or misleading particularly where the statement is made- (a) in purported compliance with a requirement to furnish �y information imposed by or under any provision of these Regulations ; (b) for the purpose of obtaining a permit for the facility for variation, transfer or surrend.er of a permit ; (c) to intentionally make a false entry in any record pertaining to the permit ; or (d) with intent to deceive, to forge or use a document issued or authorized to be issued under a condition of the permit. (3) It shall b� an offence to make a statement or have in possession a document that is likely to mislead or deceive the Agency.· (4) It shall be an offence if a facility fail.s �o- (a) take reasonable measures to remove or treat and dispose of any effluent in order to minimize adverse effects ,; (b) take measures required by the Agency after unauthorized release of effluent ; (c) remediate the environment to the standard prescribed by the Agency; (d) furnish all information to the inspector ; (e) remove equipment or contain materials causing release into the environment from any place when requested by inspector; (f) produce document when requested by the inspector; (g) comply with guidelines with respect to the handling, storing und transport of any effluent; B 1158 nt (PPE) wh ile rso n n el Protec t i ve Eq ui p me use of Pe (h) ensu r e the of effluent. ating, or disposin g handling storing, tre , e i f a fac i l i ty- (5) 1t shall be an offenc causes adverse effect to human in a manner which (a) handles effluent and the envi ronment � rforming their duties ; the inspectors from pe (b) knowlngly obstructs who reports suspends or sanctions an employee (c) dismisses or contravention o the Act f reports cases ofcontravention o f (d) impose penalty on employee who the Regulations to the Agency ; is not covered by a trans ports an effluent and sludge which y (e) ma t nifes ; effluent and sludge which is no completely enclosed, (f transports t ) co and secured v e red ; from the Age ncy ; (g transports effluen t without prior authorization the Agency. ) (h trans ports sludge in bulk withoutprior authorization from ) (6 ) It shall be an offence ifa facilit y fails to- (a ) file annual re port on effluent and sludg e discharges ; (b maintain books on record of effluent and sludge discharges ; ) (c ) submi t record of receipt ofremoval of effluent and sludoewithin th e time frame prescribed by these Re g ulations. i:::, • (7) It shall be an offence if a fac i lit y- (a releases effluent and slud0e into the env1·1·onmen ·m excess o t· t ) b pe • . level r m1ss1ble ; fails to rep o t release ofeffluent and sludg . r e i·nto th e environment m (h ) excess of. perm. . 1ss1ble level as spec ified in Schedule 11 t o th e Regulations � fai s to take reasonable measures to (c l Prev �n , 1 .educe 01. remed th ) t y e adverse effect ofefflu ent an d .1 do u o e on the environ s men t. PAR T Vi lI-PENALT Y l'c, rn hy. 29 .-( I Any person who _ ) violates ,, y O f . m the pt . ov1s1ons . . ot. regulnt1o 28 of these Regulations . , . .. n . ' corn m1 s dn ollcnc 1 e •·111cl h a II on conviction in th s <.:as c ol . an .individua l be . e li'·tlJ lc t0 .,1 1..inc f . or a term not cxcc ' ccling tw not ex , " . . or bli h su, 1 I" o yc,11s r cccc. mg NI 00, 000 or imprisonm� . nl t · -� l · me nncl imprisonment and a ,a dd'1·ionu I • lmc or N5 000 n , l' or cv.. c y cl., y the ol lcrn I 1 1 .:c subsiias. (2 ) Wh r . � c an offence un derI"r. c�i ul .'• lliu • n 28 s committed by a �h ., l_l �11 c.:oi�_v1ction be t facilit . y , liable 10 a it ,1dd1t1onal lmc inc ot not exceeding· N 100 ,000 •()00 • ·tnd a or M5• 00() 1· 01 . ev n ery et·,, y t1le offenc e subsis t . s B 1159 PART IX-EMMISSION LIMITATIONS

30.-( I) Operators involved in mining and processing of Coal, Ores Fugitive and industrial minerals shall ensure that their activities conform with prescribed Emission or Sources. guidelines for safe levels of air pollutants tolerable to human, aquatic organisms and vegetation. (2) For the purpose of these Regulations, fugitive emission air pollutant sources shall include operations and related activities as specified in Schedule 9 to these Regulations. Schedule 9. (3) In these Regulations, guidelines for emission limits from stationary sources represent maximum allowable levels of pollutants from a site process, stack or vent and similar sources, as specified in Schedule 9 to these Regulations. Schedule 9.

31. Operators shall ensure that their activities do not impact on ambient Conventional and indoor air, beyond regulatory limits for conventional pollutants as specified Pollutants. Schedule I 0. in Schedule 10 to these Regulations.

32. Operators shall ensure that their activities do not impact on ambient Specific Pollutants. and indoor air, beyond regulatory limits for safe levels of air pollutants for specific substances in the air as specified in Schedule 11 to these Regulations. Schedule 11.

33.-( 1) The Agency may, as part of the requirements of an application Control for a Permit in relation to a facility with a fugitive emission source, or as a Plan. requirement of a control order, require the applicant to submit a written fugitive emission control plan for the control of fugitive particulate emissions. (2) The Agency shall review a fugitive emission control plan within sixty (60) days of receipt thereof and shall, before the end of that period, notify the facility that submitted the plan as to whether the plan is approved, disapproved, or if further information is required. (3) Where a fugitive emission control plan is submitted as part of the requirements of an application for permit, such plan shall be reviewed along with all other aspects of the application and all provisions relating to the time period for review of license applications shall apply to the review of such plan, (4) Where a fugitive emission control plan is disapproved, the notification of the disapproval shall- (a) set out the reasons for such disapproval ; and (b) inform the facility of the need to revise and resubmit the plnn within thirty (30) days of the dale of delivery of such nntil'ic.:ation, (5) If aft.er the review ()f a resubmitted 1'11gitivc u111lssin11 c.:0111rol ph111. llwrt' remain aspcc,;ls of tlu.: pl:1111ha1 arc w1t1all1il'm;tory 10 tlw /\µcm.:y, tlw Agen�y llll\)1 approve the plun sul�jccl to 1mcl1 terms, cnnditlnns nr 111mlil1rn1tiuns 11s It thinks necessary in order to eliminate or 111i1iµ,111c the 1111s111isl'm:tl1ry 11s1wc1s nl' lh,1 pl11n. B 1160 . . mad e su b1. ect to ·my term, condition or modification (6) Whe re ,, plan 1s L ti ficat1on o t· the approval • . . ,on '. lat (4) o f lhi s · reg ulation, the no. ' · • g the term, cond1tton . .der :.subre ..gu. . • .. . . un · f the rea sons for inser tin .' . :�halt contain a wntten statem�nt o . . . or inodification, as the case may be. · i ssio n cont rol (7) The A gency ma ·y per ·m.dicall y r�v.iew. any fugitive ,em.. d ings to the facility. pl:in appr6ved hy it and communicate the fin the employment_ of control (8) A"fugiti�e emissi�h control plan may require these Regulations . Scl}edulc 12. m�asures or operatir:ig procedures as in Schedule 12 to Pri()rity Air­ . · 34.-(l) A facility with-any source o r potential sour ce may be req _ �ired, em1 ss1on of Pollutan1s as a condition cf an air pollutant discharge Permit, to measure the _ lement Guidelines. every· priority air pollutant emitted there from and to develo p and imp a plan to control such emission in accordance with co ndition s as may be prescribed by the Agency. (2) Any facility that causes or allows the gener ation of any odour from any source, that unreasonably interferes, or is likely to unreasonably interfere, with any other person's lawful. use or enjoyment of his property shall use recognized good practices and procedures to reduce such odour to a reasonable minimum, including any method for reducing odour as may be specified by the Agency. Stack 35.-( l) Methods for the sample collec_tion and analysis of emissions Emissions shall be in accordance with the standard acceptable methods, procedures and Monitoring. conditions that will comply with the average time requirements. (2) Measuring emissions of pollutants into the air from stacks and other sources may be required by the Agency for one or more of the followino­ (a) applications for permits under these Regulation s ; ' (b ) stack emission. � monitoring to satisfy monitoring and reporting _ _ requirements or conditions of permits under these Regulation s ; (c) estimation of emissions for the· purpose of calctilat· . , mg annua I mr · pollutant discharge fees under these Regulations ; (d) estimation of total licensed discharoes o1· d·1 scl1 . o • ,'1 1 ·....o..,e 1..dtes unde1. these Regu I ations ; . . (e) assessing compliance with ·st·ac k emis . . . . sion standards and taro-et s in fug1t1vc crn1ss1 . odour limitat 011 and 0 ions ; and (/') any other monitoring or rep ott'tng .ieq . ... ed u,remcnts ns mny be spec,h . hy 1hc Agency•·1 I·<)Ill L'IITIC IO llll lC. Penalty. 36--( I) Any person who · ' v,o Iates 1111Y nl' the provision s of reoulntions 30 31 ' ·32 ' ·33· 34 ,lilt . 1 �c( • 1·' 1 ) ol . thes· e R •g 0 shall on convicti· on ' he lh c u I at'ions, commit's an offence and ' hl c tO a I"Ille not cxccccli ng MS0,000 or imprison ment B 1161 for a term not exceeding two years or both such fine and imprisonment and an additional fine of NS,000 for every day the offence subsists. (2) Where an offence under sub-regulation (I) of this regulation is committed by a facility, it shall on conviction, be liable to fine not exceeding N500, 000 and an additional fine of N50, 000 for every day the offence subsists. PART X-NotsE POLLUTION AND CONTROL

37. Every Facility shall evaluate its installations and ensure that routine Planning or controls are sufficient to prevent risks of noise pollution. Permissible Noise Levels.

38.-( l) Daily noise exposure for workers and the environment of the Noise facility arising from its activities, should not exceed 90 decibels (dB) daily Exposure Limits. for an 8-hour working period. (2) For the purpose of these Regulations, equivalent 8-hours exposure limits to be maintained are outlined in National Environmental (Noise Standards and Control) Regulations 2009. (3) No person shall for an activity specified in these Regulations, emit noise in excess of the permissible noise level, unless permitted by a license issued under National Environmental (Permitting and Licensing System) Regulations 2009 . (4) Any person who contravenes sub-regulation (l ), (2) ·or (3) of this regulation commits an offence.

39.-( l) The employer shall administer a continuing, effective hearing Hearing conservation-programme, whenever employee noise exposures equ�ll or exceed Conservation Programme. an 8-hour time-weighted average sound 1eve1 (TWA) of 90 d · ec1bels measures as outlined in Schedule 13 to these J{egula_tions. Schedule 13. (2) For purposes of the hearing conservation programme, employee noise exposures shall be compated, regardless of the provision and the use of Personal Protective Equipment. (3) _An 8-hour time weighted average of 90 decibels shall be referred to as the action level.

40.-( I) When information indicates that any employee's exposure may Testing and Monitoring. equal or exceed an 8-ho_ur time-weighted average of 90 decibels, the employer shall develop and implement a monitoring programme. as may be specified by the Agency. (2) The sampling strategy t'or the monitoring programme shall be designed to identify employee l'or inclusion in the hearing conservation programme and enable proper selection of hcuring protectors. B 1162 (3) The employer shall use appropriate representative pers onal sampling · to comply with the monitoring requirements. (4) Instrument used to measure employee nois e exposure shall b calibrated to ensure measurement acc e uracy. (5) Monitoring shall be repeated wh enever a change in production, process, equipment or control , increases noise exposures to the extent that- (a) additional employees may be subjected to risk at the action level (b) the attenuation pro ; or vided by hearin g protectors bei ng use employees may be render d by ed inadequate to meet requirements Regulation s. of these Hearing Protectors. 41.-( I) Employers shall employees exposed to make hearing protectors avai.l ab an 8-hour time-weighted avera le to all greater at no cost to the ge of 85 decibels or employees and hearing protecto may be necessary. rs sh all be replaced as (2) Employers shall ens ure that hearing protectors are· worn by- (a) a ny empl oyee who is required to wear per equipment ; and · son al pr ote cti ve · (b) any employee who is exposed to an 8-hour tim 85 decibels or greater e-weighted average o . f (3) Employees shall be g iven the opponunity to protectors from a variety of select their hearing suitable hearing pro employer. tec tors provided b y th e (4) The emplayer shall pro protectors provided to empl vide training in the use oyees. and c are of all h ear ino0 (5) The employer shall ensure proper initi correct use of all hearing al fitting and sup protectors. ervise the PART XI-GumELINE s AND CooEs or: P Guidelines . �2.-(1) The RACTICE and Codes of Agency may, in co gu1deilnes requirmg nsultation with Practice. the use, m conne a lead agency, issu devices or arrangeme ction with any pl e nts for purposes ant or machinery, or plant or m achinery of reducing the or from other sou noise caused by the rces of noise. (2) Fo the_ �urpos h '. e of giving guid � e use of_ spec1f1ecl types of p ance on appropri gency With d u lant or machin ate methods, including e p u blicity shal ery for rninirniz l- ino0 noise' the (a) issue co des of practice . put. pose ; and . ..<1s, ·111 1 11• s 01. h er op1. 111. on are sui ' (h) approv e codes of I ' _ · table for the relevant bodi •ac es wt1i• ch' .1 n ti ·tJces issued or Proposed to ,e opinion of t be issued by other he Agency, are suitable for the pu,pose. B 1163

43. It shall be an offence, if a person- Offences. (a) contravenes regulation 39( l) of these Regulations by emitting noise in excess of the permissible noise levels as prescribed in Schedule 13 to these Regulations ; (b) fails, neglects or refuses to control noise in accordance with these Regulations ; (c) fails to immediately reduce noise to a permissible noise level when required to do so ; (cl) causes or contributes to the emission of noise in excess of the permissible noise levels from or within the vicinity of the premises during a prohibited period ; (e) fails, without lawful justification, to comply with any term or condition of a licence or order issued under these Regulations ; (f') makes a statement, or produces a document, that is fal�e or misleading in a material particular. PA RT XII-AUDIOMETRIC TESTING AND COMPLIANCE VERIFICATION

44. The employer shall maintain an audiometric testing programme for Audiometric: Testing employees whose exposures equals or exceeds an 8-hour time-weighted Programme. average of 90 decibels.

45.-(1) The Agency shall request to observe or verify any noise Compliance measurements conducted pursuant to this regulation. Verification. (2) The employee shall have access to such records.

46.-(1) Any person who violates any of the provisions of regulations Penalty. 38( I) to (3) and 43 of these Regulations commi�s an offence and shall on conviction, be liable to a fine not exceeding M5 0, 000 or imprisonment for a term not exceeding one year or both such fine and .imprisonment and an additional fine of M5,000 for every day the offence subsists. (2) Where an offence under su' b-regulation (l) of this regulation is committed by a facility, it shall on conviction, be liable to fine not exceeding N500,000 and an additional fine of MS0,0 00 for every day the offence subsists. PART XIII-INTERPRETATIONS

47. In Lhese Regulations unless the context otherwise requires­ lnterprt::ta­ tions. "Act'' means the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 200'7. "Agency" means the National Environmental Standards and Regulations Enforcemenl Agency established under se(;Lion I or the A(;t; " a mbient air" means ouldoor air in the troposphere, excluding work places ; B 1164 "assessment'' means any method used to measure, calculate, predict or estimate the level of a relevant pollutant, ozone or ozone precursor substances in the ambient air; "authoriz.ation" means a license, permit, approval 'Jr exemption granted, issued or given under these Regulations; "adverse effect" means unfavourable or environmentally unacceptable impact condition ; "Biochemical Oxygen De111a11.cl (BOD)" means the quantity of oxygen, dissolved in water, that is consumed by biochemcial matter, when tested in accordance with the BOD test; "bulk" means items in large quantities at one time; "deleterious" means damaging or harmful ; "DG and CEO" means the Director General and Chief Executive Officer of the National Environmental Standards and Regulations Enforcement Aoency 0 , "dump" means an accumulation of rock fragments or other unconsolidated material formed by pushing or dropping the loose material over a crest and allowing it to come to rest without further handling ; "effluent' means any liquid waste, discharge from mining facilities including mine water, tailings, acid leaching, acid mine drainage, fuels and lubricants ; "enforcement officer" means an officer of the Agency responsible for coordinating, monitoring compliance, and enforcement of the Agency's Re gulations ; "environmellt" means the sum of all external conditions affecting the life, development and survival of an organism ; ''.facility" means physical set-up or equipment for mining and processing of coal, ores or an industrial minerals factory ; ''.fixed measurements" means measurements taken at fixed sites either continuously or by random sampling, the number of measurements being sufficiently large to enable the levels observed to be determined ; ''.fi1gitive emission" means air pollutants that may not be readily obvious, and as outlined in Schedules 9; 11 and 12 to these Reoulation 0 ·' "impou11d111e11t" means a body of water or poorly consolidated solid matter, confined by natural or constructed barriers and includes those barriers, and related items ; "indoor air" means air within the enclosed space ; "Inspector" means an official of the Agency desionated to ensure compliance with the guidelines, standards and regulatio�s ; B 1165 "lead agenc). ," rn • eans ,m� M.m1· stry, department, p . arastatal agency, local � ov� 1. nment_ system or public officer in which or up functi ons of control or manage on whom any law vests ment of any segment of the envir onment; "l.eve I" means the conce 11t 1··clt· 1011 o t· a re I evant p1ec . , . m soi. substances .111 ambient air pollutant, ozone or ozone ; "margin of tolerance" means. the level of the limit value by which thi value may be exceed ed sub'�ect t o t11e concltt..1ons s to these Re0 ouJations '• laid dow n in Sch edule I ,,mm . es water,, means water e1na nat·mg t·rom a mme, usually in the process to o0am or fac1l . • . . ttate access t o an ore b ody ; "mining" m eans the ·act ot' . ources from extracting or excav.ating useful mineral 1es the earth's crust.' "Mini · · ster" means the M.mis · ter m charge of envi ronment ; ''mulching" means the p1·ocess of · · 0 leaves or orasses that usmg decaym are put on th e soi·1 to improve its qua 0 0 lity ; "natural events" means volcanic eruptions, seis mic activities, boeothermal act1v1t1es, wild . . . . -land fires, high-wind events or the atmospheric resu spension or tran spor t of natural particles fr o m dry regions ; "overburden" means soil removed in order to access an ore �r mineral b ody e.g. surface soil, vegetation ; "ownership" means a person or body corporate who has rights in relation t o any land or facility, and who is for the time being entitled to the rent permissible, or who will be so entitled if the land or facility were let to a tenant ; "oxides ofnitrogen" means the sum of nitric oxide and nitrogen dio;xide added as parts per, billi o n· and expressed ·as nitr o gen dioxide in microgrammes per cubic metre ; "ozone precursor substances" means substances which contribute to the formation of ground level ozone ; • ' I "Person" means natural and juristic personality including a facility ; "performance test" means any testing or sampling performed using approved methods to determine the emission rate of an air pollutant from a source ; "permissible" means allo wable or acceptable by law or rules ; "PM " means particulatf! matter which passes through a size-selective inlet wi�'t1 a 50% efficiency cut-off at 2.5 µm aer ody namic diameter ; "responsible corporate officer", for the purpose of these Regulations, means Chief Executive, M anaging Director, or Chairman of the corporate body in charge of a principal business function, or any designated person ----· B 1166 who performs similar policy or decision making functions for the corporate body. "sample" means small part of something intended as a representative of the whole; "suspellllecl solids" means any solid matter that is present within an effluent ; "tailings" means mining waste that contains mixture of impurities, trace metals and residue of chemicals ; . "time-proportioned composite sampling" means a mixture of samples collected at the sampling point at different times ; "Total Suspended Solids (TSS)" means solid matter that is retained on a 1.5 micron pore filter paper when the effluent is tested in compliance with the analytical requirements ; "treatment" means to subject the effluent t_o physical, chemical or biological action, other than dilution, in order. to reduce or eliminate deleterious substances ; "waste rock" means rock removed in order to access an ore or mineral body; "waste material" means waste generated during mining operations including used abrasive material, waste generated by cleaning an object prior to blasting, and any other waste products created during abrasive blasting, including waste collected in a dust extractor, settling pond or tank, or holding sump ; "wet abrasive blasting" means breaking of rock materials during which water is added to the material or is used as the propellant � "water body" means any watery environment including ocean, marine, estuarine, wetlands, rivers, dams, lakes, ponds, mine pits.

48. These Regulations may be cited as National Environmental (Mining Citation. and Processing of Coal, Ores and Industrial Minerals) Regulations 2009. I l B 1167 SCHEDULEl-STANDARDS Regulations 10(2) & 15 EFFLUENT LIMITATION STANDARDS FOR MINING AND PROCESSING OF COAL, ORES AND INDUSTRIAL MINERALS S/No. Parameter Maximum Permissible Discharge Limit Into Surface Water Land Application I. pH 6.5-9 5.5 -9.0

2. Temperature °C <40 <40

3. Appearance Clear Clear

4. Total Dissolved Solids (TDS) (mg/I) 2000 2000 l

5. Total Suspended Solids (mg/I) 30

6. Biochemical Oxygen Demand (BOD) 30 50

7. Chemical Oxygen Demand (COD) (mg/I) 80

8. Dissolved Oxygen (00) (mg/I) <5.0

9. Oil & Grease (mg/I) I <": 10 20

10. Ammonia (mg/I) . IO

11. Boron 5

12. Chloride (mg/I) 600.0 600.0 r

13. Chlorine (free) LO ·.,

14. Cyanide (as CN) (mg/I) 0.1

15. Fluoride (mg/I) <1.0

16. Nitrate (as NO 1-4) (mg/I) 20.0

17. Phosphate (Total P) (mg/I) 5 10

18. Sulphate (as SO}-) 500 1000

19. Sulphite (as SO:i 2-) ·0.2 - ' I

20. Aluminium 1.0 1

21. Antimony (mg/I) 1.0 '

22. Arsenic 0.1 :,

23. Barium 5 5

24. Cadmium (mg/I)· <1.0

25. Calcium (Ca) (mg/1) 200

26. Chromium (as Total Cr) (mg/I) <1.0

27. Cobalt (mg/l) 0.5

28. Copper (mg/l ) <1.0

29. Iron ( mg/I) 20

30. Lead <l.0 (mg/I)· 3 l. Ma ......__ gnesium 200 ---� B 1168 Maximum Permissible Di\·· cha Parameter rge l1'11 S/No . Into Swjace Water Land A l 1;, � C Q t, 0 1! 5.0. �

32. Manganese (mg/I) Mercury (mg/I) 0.05 ------- 33. <1.0

34. Nickel (mg/I) 3.0 30 -----

35. Radium 226 pico Curies/liter (pc /I) <1.0 �

36. Selenium (mg/I) -:- 37. 38. Silver (mg/I) Sodium (Na) (mg/I) <l.0 - -- 10 -

39. Tin (mg/I)

40. Uranyl (UO2) (mg/I) <l.0 i. 41. Zinc (mg/I) <l.0

42. Total Coliform (MPN/100ml) 400 500 SCHEDULE2 Regulation 18 FORM ANNUAL EFFLUENT MONITORING REPORT S/No - Parameter Momhs I (All units are i11 mg/! .. except stated otherwise) Jan Feb Mar Apr May Jun Jui Aug Sept Oct Nov .Dec - I. Temperature - 2: 3. pH Appearance ·- I .,__

4. Total Dissolved Solids (TDS) (mg/I) L.-:-- -

5. Total Suspended Solids - (mg/I) i.-- ---

6. Biochemical Oxygen Demand (BOD) !.--

7. Chemical Oxygen - Dem and (COD) (mg/I) i-- _..........-

8. Dissolved Oxygen -i--v (DO) (mg/I ) -· y

9. Oil & Grease (mg/I) __i-- '/

10. Amm onia (mg/I) � _i...-- B 1169 -SINO. Para111cter Months (All 1111its are i11 mg// except statl'd othenvise) Jan F.eb Mar Apr May Jun Jui Aug Sept Oct Nov Dec I I.Chloride (mg/I)

12. Chlorine (free) (mg/I)

13. Cyanide (as CN) (mg/I) '

14. Fluorine (mg/I)

15. Nitrate/Nitrite (rng/1)

16. Phosphate (Total P) (mg/I)

17. Sulphate (as S042-)

18. Sulphite (as So2-)

19. Aluminium (mg/I)

20. Antimony (mg/I)

21. Arsenic

22. Calcium (Ca) (mg/I)

23. Cadmium (mg/I)

24. Chromium (mg/I)

25. Cobalt (mg/I)

26. Copper (mg/I)

27. Iron (mg/I)

28. Lead (mg/I)

29. Magnesium

30. Manganese (mg/I) 3 I. Mercury (mg/I)

32. Nickel (mg/I) �

33. Radium 226 pico � Curies/liter

34. Selenium (mg/I)

35. Silver (m g/I)

36. Tin (m g/I) 37 Ura nyl (UO,) (mg/I) 38. i--_3inc (mg/I) 39, Total Coliform .__ (MPN/lOOm 1. B 1170 ACTICES

SCHEDULE 3-BEST PR Regulation 3(2) S/No. Item ume(s). (a) All effluent generated shall be quantified in vol (b) Every industry shall install- • anti-pollution equipment for the detoxification of effluent and sludge; • efficient effluent treatment plant based on the Best Practicable Technology (BPT); and • containment equipment for spills in case of accidental discharge. (c) Every facility shall adopt in-plant waste reduction and pollution preventi on strate­ gies. (d) An unusual or accidental discharge of waste from a facility sha11 be reported to the nearest office of the Agency within 24 hours of the discharge. (e) Every facility shall have a buffer zone between it and the neare st huma n settle­ ment. (f.) There shall be appropriate bund walls around tank .farms for containment in case of accidental discharges. f B 1171

SCHEDULE 4-POLLUTER-PAYS -PRINCIPLE Regulation 13(2) S/No. Item (a) The owner or operator of a facility shall submit to the Agency an insurance bond for Reclamation plan. (b) The compensation plan shall contain the following components; (i) a description of the location of the tailings impoundment area and the habitat/ environment affected by the deposit; (h) a quantitative impact assessment of the deposit on the habitat/environment; (iii) a description of measures to be taken to offset damage caused by the deposit to the habitat/environment ; (iv) a description of the measures to be taken du ring the planning and implementation of the compensation plan to mitigate any potential adverse effect on the environment that could result from the plan's implementation. (v) a description of measures to be taken to monitor the plan's Implementation. B 1172

SCHEDULE 5-EMERGENCY RESPONSE PLAN Reg11latio11. 14 S/No. !te111 A The components of an Emergency Response Plan shall incl ude: (i) The identification of any waste material out of the normal course of . . . e e that can reasonably be expected to occur at the tac1 lity and that can. reas v nts onabl.y be expected to result in damage or danger to the habitat. (ii) . Ad escnption of the measures to be used to prevent, prepare for and respo nd to any waste material identified in (i) above. (iii) A list of the individuals who are to implement the plan in the event of any waste material out of the normal course of events, and a description of their roles and responsibilities. (iv) The identification of the emergency response training required for each of the individuals in (iii) above; (v) A list of the emergency response equipment included as part of the plan, and the equipment location; and (vi) Alerting and notification procedures including the measures to be taken to notify members of the public who may be adversely affected by the waste material identified in (i). B The owner or operator shall complete the emergency response plan and have it available for inspection at least not later than 60 days after the facility becomes subject to this section of these Regulations. aSt C The owner or operator shall update and test the emergency response plan at le I these once in a year to ensure that the-plan continues to meet the requirement of Regulations. If a facility has not been subJect to the requirement . n of these ReOoulations of. the sectio D . 11d . for more than a year, a new emergency response p lan shall be prepared and com� ;t �o s sub_1e not later than 60 days after the day on which the facility again become this section of the regulation. t' ·e (w ·1r • n in g�) before E . acI equate no Every .tac1·1·1ly sI1aII ensure sa t·e c1·1stance ancI give tc.: the commencement of blasting operations. B 1173 SCHEDULE6 Regulation 18 ( I )(3) & 5(2) NATIONAL ENVIRONMENTAL STANDARDS AND REGULAT I ONS ENFORCEMENT A GENCY (NESREA ) FORM MONTHLY EFFLUENT DI S CHARGE MONI TORING REPORT ( DMR) (NESREA Disc/1wge Monitoring Report) FACILITY NAME AND ADDRESS: PLEASE COMPLETE AND SUBMIT ONE COPY EACH MONTH. THIS REPORT MUST BE POSTMARKED NOT LATER THAN THE .28TH OF THE FOLLOWING MONTH. Mail To: - National Environmental Standards and Regulations Enforcement Agency (NESREA), No. 4, Oro-Ago Crescent, Garki II, Abuja. [ f-ACIUTY E-MAILADDRESS: .. MOIi/ II Year , SAMPLING TYPE I . - - SAMPLING SOURCE I ' PARAMETERS pH Temp TS TSS TDS BOD COD DO UNITS oc mg/I mg/I mg/I mg/I mg/I mg/I ..._ I. ,..._ 2. 3. r-- 4. t---- 5. r-- 6. � 13. 14. 15. I- 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. MONTHLY AVERAGE HIGHEST VALUE LOWEST ' VALUE No. of times weekly, Daily, Monthly EFFL. - LIMITATIONS EXCEEDED �N;::: SR�E;::-A:-�EF;:::F::;L-;-U;;: � ;:::;:---1--r- E-;:- ENT -t-+-+-�--+--�H LIMITATION STA NDARD -+-t-n-...-� ��.----- - -_..._-...1.._--1..._ L.._L-1_--1.._ .1_.J.......L ..1-J..-:--� B 1175 Signatur e with elat e I c e rtify that this of Ptincipal Ex ecutiv e docum ent and all Officer or Authorized attachm ents w ere g ent pr epar ed und e r my . -- ----t----------;-A..:::::.... _ _ .:..; __..;.___1 dir e ction or . . . superv1s1on m Dat e (month, day, y ear) Dat.e : accordance with a Si!!rn1 ture of c�·tified - Operator syst em-design ed to - - --- ---------t--------1 - ;- ensur e that qualifi ed Signature: p ersonnel properly . '· gatJler and evaluate the information -. ·J ., submitted.· ' : t .':. i • I ;•_. ' 'fl • ',! I' B 1176 SCHEDULE? Regulation 18 (I) I NATIONAL ENVIRONMENTAL STANDARDS AND REGULATION S I· ENFORCEMENT AGENCY (NESREA) INCIDENT REPORT FORM This report is to be completed when accidental discharge, occupational ill nes incident occurs. If an employee is injured or develops gra dually a job-related ili�ess or as a result of his/her employment at the facility. He or She must complete and submi t the "Incident Report". If the employee is unable to complete the form, the Superviso r ·' . must complete on his/her behalf. Incident reporting ensures there is a record on file with the employer. In no way does this waive the employee's right to work's compensation benefits. If an injury occurs, first aid may be appropriate treatment. I All accidental discharges or emergendes or accidents should be reported to the Agency ,) I I I within 48 hours. FACILITY: Name and Address of Facility.............. .................. ............................................. ........... I I ····················.······················································································ .. ······· .. ···················· No. of Employee....... ........................................................... .......................................... f I Department where the discharge occurred............... ...................................................... ······································································································································· Place of the accidental discharge....................................................... ............................ DISCHARGE: Cause(s) of discharge ; ion? Did the discharge occur as a result of mechanical or technical or unskilled ap plicat ..... Please specify. ........................................................................................................... .... Was the discharged gaseous, liquid or solid? Please specify ...................................... ······· ································································································································ fy. What was the nature of discharge, sludge, effluent or influent? Please speci me d1um was . 1t d. 1sc h urge d to · 1.e. · air ? . Pl · ea s e s pecify. . I1 Into wh1c ' water body, land or .... .. .. ······· ............................................ , .......................................................................... • If water body, specify ty pe of water; pond, stream, lake, river, etc. ... .................................................................................................................... . B 1177 • if land ; a e and loc ation (Gee-refer ence) of the land where discharge occurred. 0 N m f d sposi ng of discharge; i.e. bur y ing, burning, etc. Please specify. Ways o i D D 0 ere ny previous accidental discharge of this kind? Yes No Was th a e If yes, wh n?............ ,. .................................................................................................... How?......................... .................................................................................................... o • o o o • o o O o I o • o o o o • • o o o o o o o o • • o o O O o o o o o O o O O O O O O • o o o o O o O o o O o o o o O♦ 0 0 0 0♦ o o O • 0 I O Oo O O O O O ♦o ♦ 0 o O Oo O Oo o o O Ooo • o o O O♦ 0 0 0 0 0 o o o o•♦oo•♦o o o O o• ♦ oo o•• o♦• • a • • (s)?..................................................................................... \1/ho was or we1 e the v1ct11n . . . .. . . . . ..... .... . . .. .... ....... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . I , B 1178 SCHEDULES Regulation 18 (I) GUIDELINES FOR PREPARING ENVIRONMENTAL MANAGEMENT PLAN (EMP) An Environmental Management Plan (EMP) describes the process that an Organisation will follow to maximize its compliance and minimize harm to the environment. This plan also helps an Organization map its progress toward achieving continual improvements. Regardless of the Organization's situation, all environmental plans must include the following elements- • Policy; • PlanninoO'· l • Implementation and Operation; I • • Checking and Corrective Action ; I. • Manag�tnent Review and Commitment Policy Policy statements are important to an Organisation because they help anchor the Organisation on a core set of beliefs. These environmental guiding principles will enable all members of an Organisation to focus on the same objective. They provide an opportunity for outside interests to understand the operation of the Organisation. The policy should be focused, concise and easy to read. The environmental policy should address the following- • Compliance with legal requirements and voluntary commitments ; • Minimising waste and preventing pollution ; • Continual improvement in environmental performance, including areas not subject to regulations ; • Sharing information on environmental performance with the community. Planning oats . The planning should define the Organisation's environmental footprints and set g Goals and object ives should be focused on maximising their positive impacts on the environment. When evaluating, the following eleme nts should be con sidered- • Impacts on the environment through its activities, pro ducts and services; • Le gal requirements associutccl with prolccting the environ ment; • Meaningful and focused cnvironmentul objectives und targets. 81179 ,,,ation a11d Op<;ration J//IPIeme ·,mplernentation �nd operation. sh�uld define the activities that the organi sation will et its ny ron ental objectives an� tai�gets. This section should identi�y activity peiforrn to m� _ _ � � �for, _ , spon�ible ensure c�mplet1on and set targets for each person 1s � area should each of the identified n, this specify employee training, communication and outreach ·1crivity. In additio necessary to ensure successful implementation of the plan.· :ctivities that are io!l Checking and Corrective Act The EMP shou ld describe the process that will be followed to verify proper impleme ntation and how problems will be corrected in a timely manner. Routine evaluation and co ntinual improvement to the process is necessary to make sure that the plan successfully leads towards the completion of environmental objectives and targets. Management Review and Commitment to lmprovenient Routine management review and support is a necessary and meaningful tool for the orn:anization. This should identify the routine management evaluation that win be conducted to-ensure that the plan is appropriately implemented to meet its environmental objectives. . ' I' ( B 1180

SCHEDULE 9 Regulation 30 (2) and (3) FUGITIVE EMISSION SOURCES For the purposes of these Regulations, fugitive e�ission ai�· pollutant source . _ s shal1 mclude activities as listed below that may impact on Nat ional Em 1ss1on Quality Standard s as listed in Schedule 2 to these Regulations. (a) construction activities ; I • (b) storage and handling (including loading and unloading) of materials such as bauxite alumina, gypsum, or cement or the raw materials thereof; ·'' (c) mining and quarrying activities ; (cl) haul road ; . • I (e) haul trucks ; (f) tailings piles and ponds; I I (g) demolition activities; (h) blasting activities; (i) sandblasting operations; and (j) any other source as may be determined by the Agency. l' B 1181

SCHEDULE 10 Regulation 31 NATIONAL EMISSION QUALITY STANDARDS FOR CONVENTIONAL POLLUTANTS Pollutant Averaging Time Concentration (Mean) (µg/m3) Benzene Annual 16.25 1 3-Butadiene Annual 2.25 Carbon Monoxide (CO) 8hours 10 !hour 30 Lead (Pb) Anm,ial 0.5 Nitrogen Dioxide (N02 ) Annual Mean 40 24 hours 200 Ozone (01 ) 1 hour 100 Particulate Matter (PM IO) Annual 40 24 hours 50 Particulate Matter (PM2 _5) Annual, 15 Poly Aromatic Hydrocarbons Ann9al 0.25 Sulphur Dioxide (S0 2) Annual 50 Daily 24 hours 125 I • I hour 350 I ' - , .. . . . ,. .

SCHEDULE 11 Regulation 32 .. - NATIONAL EMISSION LIMITS FOR SPECIFIC POLLUTANTS . Pallutants Emission Limits (mg/1113) Long-Term Limits Short-Terms Limits (24 Hours) (30 Minutes) Acetic acid 0.06 0.2 Acetone 0.35 0.35 · Ammonia 0.20 0.2 ·. 'Aniline 0.03 0.05 Benzene 0.8 1.5 Cadmium 0.003 0.01 Chromium 0.001 0.0015 Dichloromethane 1.0 3.0 Diethylamine 0.05 0.08 Diethylether 65.00 155.0 Dimethylamine 0.005 0.005 Dimethyl disulphide 0.2 0.7 Carbon monoxide 1.0 5.0 · Carbon tetrachloride 2.0 4.0 Chlorine 0.03. 0.1 .Chloroform 10.0, 50.0 � D��ethyl .sulphide 0.05 0.08 Ethanol 5.0 5.0 · · 'Eihylene 5.0 5.0 · E_thylene oxide 0.5 0.8 Fluorides (as F) 0.005 0.02 Fluorides 0.01 Formaldehyde 0.08 0.012 0.055 Furfural 0.05 H.exachoronhexane 0.08 0.01 0.08 Hydrochloric acid 0.006 Hydrocarbons (total) 0.006 2.0 5.0 Hydrogen cyanide 0.01 Hydrogen sulphide 0.008 Lead 0.()()8 0.005 0.002 Lead tmlphidc 0.001 Maiathion lntrathion 0.015 0.001 0.001 . Manganefic 0.0 I ; ! : Mercury 0.03 0,0{)()J . :: . � , � : i • • • ' •· • 1:- -�- f ' ' • ,' > , r1.;� �, . ,. • . • : l l ;• r f -t • .. • I \ ., -- -----�--== =----- I \ ' t. !• r. ,: . :· ' B 1183 lS Emission Limits (mglm3) po//utafl Long-Term Limits Short-Terms Limits (24 Hours) (30 Minutes) 0.5 M ethanol 1.0- Methyl acetate 0.07 0.07 Methyl acrylate 0.01 0.08 Methyl metha crylate 0.1 0.1 Methyl parath ion 0.008 Methylene chloride 20.0 55.0 Mono methylamine 0.01 0.01 Naphthalene 0.008 0.008 Nitric acid 0.006 0.006 Nitrobenzene 0.008 • I ' 0.008 , Nitrogen dioxide 0.085' 0.085 . Nitrogen monoxide 0.4 0.8 Nitrogen oxides 0.004 0.1 Oxidants 0.08 0.1 Ozone 0.1 0.2 Pentane 25.1 100.0 Phenol . 0.1 . 0.8 Phosphoric acid 0.1 0.8 Phosphorus Pentoxide 0.5 0.15 Propanol . �-� 1.00 Propanol 5.0 5.0 Propylene 0.08 0.08 Pyridine 0.02 J s.o ! Silica 0.05 0.1 Soot ! ' 0.008 0.08 Styrene ·, r 0.5' 0.05 ) I , I Sulp hur Di oxide 0.1 0.5 Sulphuric A Cl· ct 0.15 0.5 Stuspended • f . Particulates 0.2 0.2 trahyctro / furan 4.0 ctrachlo ·Thr .iopheneromethane 0.6 0.6 0.6 -� olucnc ,o 0.02 o.os . lucnc 0 ·, 0.14 ' I'ricth Y I·<ll i�socyanate 1.0 I I .urpc n1nc ' 0.14 y lll111 0.14 'yi·lll a c 75 a·IUJ /\ n Pcntoxidc 25.0 111y1 x ii,enc 1 c <.: (atc 0.002 0. 15 0.15 0.2 0.2 B 1184

SCHEDULE 12 Regulation 33 (8) OPERATING PROCEDURES/MEASURES FOR FUGITIVE EMISSION CONTROL PLAN A fugitive emission control plan may require the employment of measures or operati ng procedures as outlined below- (a) control of fugitive particulate emissions from storage piles through use of enclosures .,' ' covers or stabilisation, minimising the slope of the upwind face of the pile, c onfinin� I I I as much pile activity as possible to the downwind side of the pile �nd such other '1 methods or techniques as are approved by the Agency; (b) enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, or limiting size of loads, to minimise loss of material to wind and spillage; (c) minimising the area of disturbed land or tailings; (d) minimising the period of time between initially disturbing the soil and revegetating or other surface stabilisation ; (e) paving of roads; (f) planting special wind break vegetation at critical points ; (g) prompt removal of coal, rock minerals, soil, and other dust-forming debris from paved roads and scraping and compaction of unpaved roads to stabilise the road surface as often as necessary to minimise re-entrainment of fugitive particulate matter from the road surface; (h) restricting the areas to be blasted at any one time; ·; (i) restricting the speed of vehicles in or around mining, tailing or quarrying operations ads (i) revegetating, mulching, or otherwise stabilising the surface of all areas adjoining ro that are a s ource of fugitive particulate emissions ; tative (k) substituti on of covered conveyor systems for haul trucks; synthetic or· revege covers; (I) the paving of roads ; n oa (m) to the extent practicable, restricti g vehicular · travel to established paved r ds ; irnise 1 1sat ·10n of unpaved roads as often as necessary to rnin watering or chem1· caI stab'I' (n) i fugitive particulate matter from the road surface ; or entra nment of (o) wind breaks. B 1185 SCHEDULE13 Regulations 39 (1) and 43 NOISE STANDARDS PERMISSIBLE NOISE.EXPOSURE LEVELS. Duration per day (hours) Permissible Exposure Limit (dB) 8............ :......................................... 90 6...................................................... 92 4......... ... ... ............. .......................... 95 3 ...................................................... 97 2...................................................... 100 I½................................................... 102 1 ...................................................... 105 I /2 ................................................. I 10 1/4 or less....................................... 115 Note: Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level. DATED at Abuja this 30th day of September, 2009. _ MR JOHN 0DEY, Honourable Minister Ministry of Environment