In a gazetted Gas Flare (Prevention of Waste and Pollution) Regulations 2018, released by Nigeria’s Federal Ministry of Petroleum Resources, the Federal Government has announced the increment of gas flaring penalty from N10 per 1,000 Standard Cubic Feet (SCF) to $2 per 1,000 SCF of the commodity flared.
At the current exchange rate of N306.35 to a dollar, the $2 penalty translates to N612.7 per 1,000 SCF, while the $0.50 penalty translates to N153.175 per 1,000 SCF. The new gas flare regulation stipulates that in the case of any organisation producing 10,000 barrels of oil or more, the gas flare penalty had been increased to $2 per thousand standard cubic feet of gas and, in the case of anyone producing less than 10,000 barrels of oil per day, it had been increased to $0.50 per thousand standard cubic square feet of gas, irrespective of whether it is routine or non-routine flaring.
In the document presented by Justice Derefaka, Program Manager, Nigerian Gas Flare Commercialisation Programme, NGFCP, Office of the Minister of State, Petroleum Resources, Federal Ministry of Petroleum Resources (MPR), it was also gathered that a fine of N50,000 or a six months jail term or both, would be imposed on anyone who provides inaccurate flare data.
The new regulation stipulates that the producer would not be liable in a situation where the flaring was caused by an act of war, community disturbance, insurrection, storm, flood, earthquake or other natural phenomena which is beyond the reasonable control of the producer.
The new law further stated that in a situation where a producer fails to provide flare gas data to a request made under regulation 4 of these regulations or fail to supply accurate or complete flare gas data, such producer would be forced to pay a fine of $2.50 per day, for every 1,000 SCF of gas flared or vented within the oil field or marginal field.
Other offences within this category include where the producer fails to provide a qualified applicant with access to any flare site; fails to provide a permit holder with access to any flare site or to flare gas as provided in the permit; fail to prepare, maintain or submit the logs or records or reports required by the regulation within the time required to do so by the Department of Petroleum Resources (DPR).
The penalty of $2.50 per day also applies to a situation whereby the producer fails to install metering equipment within the time required to do so by the DPR; or fail to agree to enter into a concession agreement with a permit holder.
In the event of the continued failure of the producer to comply with any of the requirements of this regulation, the statement suggests that the minister may direct the producer to suspend the operations or revoke any Oil Mining Lease or marginal field awarded to the producer.
The new regulation further requires gas producers to maintain a daily log of flaring and venting of natural gas produced in association with crude oil and submit same to DPR within 21 days following the end of each month.
According to the document, all gas flare logs must be based on data retrieved from metering equipment installed at the various producers’ facilities, while the logs must be kept by the producers in safe custody for no less than 36 months.